19 December 2010

Christmas Preparations - R

Well, most of the cards have been mailed - still waiting on a few addresses . . . The presents are wrapped and sent, the tree is up and decorated and the stockings are hung (currently on the curtain rod for lack of a fireplace).



Now that Aaron is finished with his exams and I am on vacation for a bit we are able to really enjoy the holiday season. We had our first snow a few days back, though it is all melting now, hopefully there will be more before Christmas!





Wishing you and your families all a very Merry Christmas and a Happy New Year too!

11 December 2010

Looking Ahead - A

I'm taking a short break from studying to bring you this update. The first semester of 2L is under a week away from being finished! I'll be halfway finished law school! I'll have endured a necessary but less fun semester and be ready to begin a much more engaging term in the New Year! I've also started doing summer job and articling applications (not as fun as it sounds) and went to the PPS office Christmas party (more fun than it sounds), happy to hear how many people remember me favourably (and wrote some glowing reference letters). So there's that to build on going forward. But first...

Finals.

*Gag*

The exam structure this semester is a bit odd. I've been taking 2 full-year courses, Civil Procedure (CivPro), and Constitutional (Con or "Khan!!!"), and 2 half-year courses, Family (The Rollie Show) and Business Associations (Biz Ass). CivPro was kind enough to have a short mid-term exam on Monday the 6th, and it went pretty well. Con though had its midterm back in late October, and now I don't have to do anything for marks in it until April. There's something about our year that feels Con attendance is optional, and it's driving the teachers to distraction. Serves them right for handing out such dull course material! Now that said, my Con prof is the nicest, most caring and maternal prof possible - she's always reminding us to eat well and get lots of rest and not to mess with each other's heads too much. And the last day of class she fed us pizza for lunch! I don't skip classes, but her I kinda feel sorry for what with all the absentees. Even though there's no pressing need to go to class at least for another few months beyond the pleasure of her company..

Family has a final exam on Monday the 13th. I'd say Rollie's got us well-prepared, and I get to type it out rather than hand-write it, so that's a win-win all around. Still, much as I love Rollie, I'll be glad to get Family behind me - it's not very cheery subject matter, and not exactly my cup of tea. That said, it's an area where lots of people have questions, and now at least I know enough to say "ask a real lawyer, and consider these options."

Biz Ass can kiss mine. It's been a long slog of agony and tedium, and it's anyone's guess how well the class will do. There's a couple really bright kids deeply into the subject (good for them I guess) but loads more people struggling mightily with some concepts. I swear half of my new grey hairs are due to that course alone! If I ever crack open that textbook again after this term it'll be too soon. That exam is a 7hr take-home on Friday the 17th, and after that it's 2 sweet weeks of freedom, hockey, recreational reading, and catching up on TV shows.

Then it's winter semester. And it's about time! I've been waiting all year for this!

CivPro continues. Not much more to say there, other than Rollie animating a dry topic. And Con drags on, but only once a week instead of twice. Things are looking up!

The fun starts with Criminal Procedure (CrimPro) - I finally get into what I'm aiming for, and will already be somewhat familiar with (at least how things are done in the real world) thanks to my summer with the PPS. Then it's Evidence with Rollie, which I'm also keen on - mainly because I've already read an Evidence textbook (over the summer) and seen it in action, and because it'll be The Rollie Show part 3! Lastly is my major paper course, Restorative Justice (now accepting nicknames), with my Con prof able to shine better in a more relevant course. This will be interesting and engaging and somewhat up my alley. Again, it's about time.

The end of January will take another load or two off my mind. First, job and articling interviews for Nova Scotia happen on the last Saturday of January (hence the need to get applications off), and also my compulsory moot gets argued at month-end. My factum was due right around the time of the Con midterm, and now my partner and I get to argue in front of and be grilled by a lawyer, a prof, and a 3L student (it sounds like the setup of some joke, but some of them are preparing very challenging questions). Our opponents will also be arguing their side under the same conditions that evening. We'll likely get together in mid-January to hash it out - it's in everyone's interests to minimize surprises, and just another example of the collaborative rather than cut-throat atmosphere here at Dal. Anyway, after January the rest of 2L settles down somewhat.

And now you know what's happened and what's coming up. Time to get back to the books!
Cheers,
A.

28 November 2010

Back to the Books - R

Now that our visitors are gone, it is time to hit the books for Racheal too. I have just completed the Paediatric Advanced Life Support course and am registering through BCIT's distance education to complete my Emergency Nursing specialty starting in January.

It will be nice to have something to occupy the times when Aaron is busy with exams and such, and I look forward to actually being able to apply successfully for some of the emerg nursing jobs out here. Although I like the staff on my present floor, I am getting tired of the particular patient populations and am looking for more variety.

Eventually the hope is to work in the IWK Emergency Department (the equivalent of BC Children's out here) but right now I have to keep my nose in the books . . .

17 November 2010

PEI - R

While Ben, Julia and Silas were out and the boys were studying Julia, Silas and Racheal took off for a few days to visit PEI and stay with some of Julia's relatives.



It was clearly an off-season visit, but we enjoyed some of the Island scenery and had a great time anyways.









At some point I will be back to PEI in the Summer to really get a feel for the Island.

Cheers,
Racheal

14 November 2010

More Visitors - A

For the next week and a bit we'll be playing host to my brother Ben, his wife Julia, and my nephew Silas. Perfect timing really, as I've just come off of an elevated workload and have a pretty light November coming up, and could use a little extra family time to recover my humanity with. Racheal's also been able to switch some shifts and get some consecutive days off. I'm sure she'll tell her side shortly with many many pictures!

Ben's out here doing his last hospital rotation, having been put through Vancouver, Calgary, and Toronto already, and after having lived out of a suitcase for months he's winding down his gallivanting and gets to have his wife and son join him for this final leg. We saw them in September for a couple days when we did our quick trip west before the semester started. It'll be nice to have more quality time with them, and to practise our baby-wrangling skills. Silas is a cute one all right, and easy to have fun with. It's a bit early to be spoiling him any, but at least we get to play with him. Somehow I doubt he'll enjoy helping me with my readings, but he'll be able to contribute to my studies in sheer joy, if not saliva.



I picked them up in a torrential downpour but weather's improved somewhat since, letting us go do sightseeing trips to Peggy's Cove, the Harbour Walk, various parks, and such with more to come. Thankfully super-cold weather stayed away so I could go to the Remembrance Day ceremony with Julia and Silas, and today Racheal, Julia, and Silas started a road trip to Spud Island (PEI) for the next few days. That means Ben and I will be able to do a proper pub dinner without having to worry about Silas being excluded for being under the legal age limit. It's worked out really well having them here, and as busy as he's been Ben has been able to do some tourist stuff as well. Julia's good at keeping herself busy/entertained when Ben's away, playing with Silas and baking muffins and such, and getting whatever shut-eye Silas lets her get! Racheal and I tend not to have time to bake or cook for fun, so Julia's kitchen skills have been quite a nice change! Silas is growing fast, holding his head up and developing his intimidating stare, but he's got a great smile and seems to love chomping on his fingers. It's amazing what he can sleep through sometimes..

I'll wrap this up so I can get back to it but look forward to Racheal's update soon.
Cheers,
A.

10 October 2010

Pumpkin Regatta - R

On Aaron's birthday we celebrated in Nova Scotia style by heading out to Windsor to take in the Pumpkin Regatta. One of Racheal's coworkers was participating and it was quite the festival to see. People hollowed out pumpkins ranging in size from 500 - 1000lbs and then used paddles, or motors to get across the lake in a race of sorts. There were singles, doubles and a motorized class . . . all in all it was quite the show!





It has just started to become fall, all the leaves are changing and we took the chance to walk around Frog Pond and take some autumn pictures.





Cheers,
Racheal

08 September 2010

Back to School - A

After a very educational summer it's time for me to return to the world of book-learning and sitting in a classroom. And speaking of books, I recently bought my textbooks and course packs and have a ton of reading to do over the next 15 weeks or so. There's approximately 50% more to read for 2L than there was in 1L. I'm not sure how I'll maintain my sanity or motivation, but it's supposedly necessary to get through.

There is an up-side here and there, though. For one thing I get to dress a lot more comfortably. I also get to see my classmates and hear of their adventures. I also get to learn from a prof who not only knows the area of Family Law inside-out, but also helped draft much of the legislation over the years. He's got lots of energy and stories, and knows not only every case we're studying but the life situations of the clients involved, and how things worked out after the verdicts. He doesn't have much faith in our mathematical abilities though - we're only held to "family math" standards, which means you just have to be within a couple hundred dollars of the settlement value, or round to the nearest thousand, depending on how big the numbers are. He also has mentioned how the Supreme Court likes creating 3-part tests, because lawyers have trouble counting higher than that. Scott and I have taken to calling it The Rollie Show with Professor Rollie Thompson, and it's going to be an enjoyable way to start the week. Energy, anecdotes, candid observations, and great knowledge and passion for the subject all make a winning combination.

I'm also taking Business Associations law. It's not what I'd call exciting, but it's a good basis for a bunch of future courses should I need to take them. The prof is a very mellow-voiced woman who sounds like she stepped out of a CBC Radio studio and has all the energy that Rollie left at home (very little). She also teaches almost word-for-word off her powerpoint slides, which could get interesting if the projector keeps acting up. Sure, she knows her subject and thinks quite highly of corporation law, but her enthusiasm is the opposite of contagious. If you're interested in it, great, the material itself will endear you to her and the course, but for the rest of us mortals it's going to be a long semester. She's a nice enough person though, and the exam will be a take-home, so there's hope it won't be soul-crushing.

Speaking of long semesters, there's also Constitutional Law. The prof is very maternal and cares about our well-being, which is nice, but the course topics and readings are very long and very dry. Class itself will be fine, but the readings will be painful. Flipping through the book has my brain numb - I don't see this one getting any better.

Rounding out the list is Civil Procedure, also taught by His Rollieness. It's all about courtroom rules and legal rules and mechanisms. Some of it is very practical, some of it is quite irrelevant to my long-term goals. Thanks to Rollie, I don't care about relevance. I'll be looking forward to the classes just for his energy and stories and real-life scenarios. He's also very approachable and friendly, and his years of experience has given him stories about some of the judges we were in front of this summer. I can't wait to get the reasons behind the rules, it should help the actual rules stick in my head.

One last piece of follow-up from the summer - Mr. Hospital Fraud not only got sentenced, but now his wife is facing charges. Not much surprise there, but it's sure going to suck being their daughter for the next few years.

It'll be fun balancing all this reading with not neglecting Racheal. I guess we'll see how it goes!

That's it for now,
A.

05 September 2010

Back to BC - R

After all of our touring of NS during the summer we took the opportunity at the beginning of September before Aaron was back to school to visit family and friends in BC. Our trip was short but sweet and we managed to get in a visit with just about everyone!

It was our first chance to meet our nephew Silas as Ben and Julia were out. It was nice to be able to join in on the baby shower for Silas and see some of the Martens and Toews relatives as we won't be back for Christmas this year.







We also got to meet Teresa as she and Chris came up from California too! Everyone had a great time holding and cuddling with Silas.




Racheal with her two nephews

Most of the Penrose family met up at the PNE and we enjoyed a day there before gathering back at the Martens' for a wonderful extended family dinner.







All in all it was a great trip - just wish we had longer to stay, but back to work and school we must go . . .

31 August 2010

Law Unordered: PPS #8 - A

With the end of August came the end of my time with the PPS and the last week of freedom before classes resume. It was definitely one of the most educational summers of my life and hopefully got me solidly established on a very fulfilling career path. I am quite thankful to all the assistants and Crowns who took me (and Scott) under their tutelage and guided us through a broad variety of experiences. Barring any sudden memory recall or news updates, this will be the last of the Law Unordered: PPS series, and I may have to resort to short updates of the tedium of 2L to keep this blog going. Hopefully Racheal and I can come up with something more interesting than dry law school anecdotes to keep you all entertained!

This is not meant to be a depressing or sad piece laden with finality. I have 3 more stories I can share, one of them rather unusual. Ah, the things you hear at a summer-end office lunch gathering...

Anyway. First. The hospital fraudster I mentioned a few episodes ago got sentenced, and it was what some might call stiff. He got 3.5 years in prison (more than the requested 2 year minimum), plus a restitution order for the full $400k. As if that were only a start (oddly there is no probation) his much-improved house could be the target of a forfeiture order under proceeds of crime legislation. I think the young daughter will be allowed to keep her stuffed animals, but everything else could be up for grabs. This is what breach of trust can do, boys and girls. Fraud alone is bad enough, but violating a position of trust really makes for hard sentences. Jail isn't really the hardest sentence or only way to ruin a life - just because someone isn't behind bars doesn't mean their life is pleasant. There's all sorts of release conditions, supervisions, restrictions, and other orders that can really suck the joy out of living. Such as here with the restitution and forfeiture orders!

Second is a man who got a couple driving prohibitions after a couple impaired driving convictions. It happens now and then, and most people take their lumps and move on. Not this schmuck. He decides prohibitions are for mortals. He starts stealing license plates to avoid detection, and drives, often, without a license, without insurance, while prohibited, and sometimes even while impaired. The license, insurance, and license plate violations fall within the local Motor Vehicle Act, which often carries fines rather than prison. This guy has managed to accumulate no less than $60,000 in fines! That is no typo, ladies and gentlemen! Methinks the message has yet to sink in. For his more recent offences he is facing jail time, and the Crown might be seeking a lifetime driving prohibition (perhaps a formality for this guy) and probation forbidding him from owning or operating cars - breaching probation is a criminal offence carrying jail time, and this guy needs to be incapacitated before he kills someone on the roads. He seems hell-bent on driving regardless what the law says, and there's only so many certain pre-emptive steps police or the Crown can take. I sure hope this one has a happy ending. Maybe he can sell his cars, should he have any, to pay off his fines!

Lastly though is a bit of a pick-me-up story. It's more of a legacy story, and not a personal experience I had. Not to pick on the mentally ill, but this one definitely falls under the "can't make this $#!+ up!" category. So, the mentally ill guy calls his mother complaining of a gnome in his closet. She brushes him off and hangs up. A few minutes later he calls again, with the same complaint - there is a gnome in his closet! She doesn't get much more out of him and hangs up again, assuming that gnomes don't exist and perhaps he got excited after watching TV or something. The third call raises her concern - not only is there a gnome in his closet, but the gnome is getting upset and making a racket. She calls her son's neighbour and asks him to investigate. The neighbour shows up and hears yelling and banging and decides to call the police. The 911 dispatch goes out - disturbance, gnome in the closet. The cops show up and find out that the son had answered a knock at his door to find a little person (dwarf) peddling the Jehovah Witness wares, and the son, delighted that a gnome showed up, picked him up and locked him in the closet (for what, safekeeping or later display?) until the closet started knocking, yelling, and banging, causing the son some annoyance. Well, the little guy got let out safe and sound, if not somewhat irritated and perplexed at his treatment, with a hard-learned lesson on the difference between friendly interest in his wares and the enthusiastic delight of a collector discovering a new toy. The son, being obviously not quite all there, got a talking to but no legal trouble. The dispatcher and the police, however, got a story that will live on and likely win a drink or two at the pub when it comes to workplace story contests.

Ok, that's all I've got for now. I hope you enjoyed following me along my PPS journey and will keep you posted as 2L progresses. For now, my suits are in the closet and I'm looking forward to returning to shorts and t-shirts as my daily wardrobe during this hot weather!

Cheers,
Aaron

27 August 2010

Law Unordered: PPS #7 - A

It's hard to go through a summer in provincial court without coming to know some frequent customers. Last time I wrote about some characters, and naturally I've gotten a couple more to share with you.

Let's start with the worst: Mykal Smith was 17 years old when he was called to a residence to "take care" of an occupant. Without knowing the victim Smith showed up and shot him at point blank range in the chest, paralysing him and leaving him for dead. Smith subsequently bragged about the shooting as building his street cred in gangs and a reputation as a hit man. Luckily his boasts were recorded courtesy of a wire tap and despite his complete denial of responsibility he was found guilty of attempted murder. While a young offender at the time of the offence, he was raised to an adult for sentencing. What would have been a 3 year prison sentence as a youth (followed by conditions and intense rehabilitation) instead became an adult sentence - a record-setting 14 years in prison delivered in an airtight decision where Smith was described as coldblooded and calculating, committing a violently evil act. His mother, described by the judge as blind to her son's faults and making every excuse possible for him, found it inconceivable that her baby could be convicted and given such a harsh sentence - she was on the courthouse steps beaking off about how he was railroaded, that they would appeal and win, and how everything was racially motivated. Class act that she is, her and her son's friends (fellow gang members) waited for the victim to wheel his way out of the courthouse so they could heckle him. A heavy sheriff presence helped them exercise some restraint for a change. There were no hardships for this guy growing up - he chose to go bad, and revelled in it. He's used to being the big fish in a small pond - he won't survive adult prison without a major attitude change. And without some major rehabilitation, not only would an early be demise be inevitable but also no great loss. When he gets out he'll have a teenaged son who'll have largely grown up without a father - hopefully this'll motivate a significant life change.

Let's lighten things up with the case of the Grabby Cabby. He picked up two women 1 month apart and somewhat aggressively groped them. Once arrested he said if he were to be punished the first complainant should be punished too since she was asking for it. Well, today he faced sentencing on one count and entered a surprise guilty plea to the other charge. What changed his mind? Apparently he's devoutly religious, and spends 3 hours a day in his prayer room (doing what?), and supposedly he writes down all his prayers. This higher power, oddly absent when he felt entitled to molest his passengers, made a sudden arrival, hoping for a lower sentence. The same judge from the Smith case, just days later, handed down a 5 month prison sentence followed by 1 year probation, instead of Cabby's preferred house arrest. Apparently, women have a right to feel safe in a cab, regardless of what cultural sense of entitlement the cabby might have. While not the full sentence the Crown was seeking, this was a publicised case where a statement was made (we call it deterrence) and Cabby might face deportation upon release. Sadly, his wife and children, being his dependents, might also be deported because of his actions. Apparently he's a good family man in every other aspect. What a shame two women no longer feel safe in cabs at all, and are scared he'll show up at their homes where he dropped them off, perhaps to continue where things left off. Thankfully that's not likely to happen, and the judge made a point of commending the vast majority of local cabbies for safe and efficient service. Sometimes all it takes is one bad apple.

Both the above cases had significant media interest, and mere days apart I made it onto the local evening news in the background of a couple shots. Rather than me being the one asking reporters questions, now some of them have questions for me. That's an interesting role reversal!


(Web screencaps courtesy of CBC Halifax)

We'll finish with the case of the Pasty Fraudster. He's not clinically insane according to the experts, but he's definitely an odd duck. He can't decide what his real name is (supposedly the result of an incomplete name change application), or when he was working where. He claims: 1-to have late-onset spina bifida (which is purely congenital and prevents being able to walk) that almost prevented a minor-league baseball career except for him injecting fluids into his own spine, at the direction of his doctor (which would never ever happen!), 2-to be an engineer who helped either invent or improve plasma TVs and various military-specification computers, working for both the Canadian and American militaries as well as civilian companies, 3-to have recently developed a laser that harnesses the sun's power, not its energy, that is a 99.9% cure for cancer that he can't publicise because the military would confiscate it. To say there are inconsistencies in his story is putting it mildly - you just had to be there to appreciate the sneaky improvisations he would try add to his testimony. If you try pin him down on a detail, such as when he started or finished working for a company, he'd turn into jello, change the subject, then answer the question in a roundabout way that almost but not entirely contradicted his earlier statement. Anyway, using an alias he bilked his mistress out of $50,000 under various pretences. She says there were discounted TVs, computers, and real estate transactions being promised for her money - which of course never showed up. He says the company he was buying from only accepted cash-filled envelopes that he would slide under an office door late at night in an unfamiliar building, never receiving a receipt or confirmation from his mysterious contact. I don't think this guy could tell the truth if his life depended on it - I'm also somewhat surprised he hasn't been struck by lightning while on the stand. He's somehow convincing enough that he's actually had 3 mistresses he's done this to. I've only seen one of them and she's no dummy. This guy's a professional liar, and it looks like this time it's caught up to him. The verdict isn't in yet but it's not hard to guess how the story's going to end. Keeping track of his testimony, let alone keeping a straight face at times when he's on the stand, is challenging at best. You know it's confusing when, after direct and cross-examination, the judge needs 15 minutes of asking questions to get clarification.

Those are the highlights for now. Check you later!
A.

04 August 2010

Cape Breton Trip 2010 - Cheticamp - A

This was the last day of our grand adventure. Cheticamp is a very Acadian town (Acadians being French maritimers mostly evicted long ago by the Brits, eventually forming the Cajun communities in the American Deep South.) and has a peaceful charm to it where everyone seems cheerfully bilingual and very tourist-friendly. Cheticamp and Ingonish are the respective ends of the Cabot Trail, and both scenic in their own ways. To the pictures!







And that concludes our local-ish vacation. Now back to our regular routine!
Cheers,
A.

03 August 2010

Cape Breton Trip 2010 - Cabot Trail - A

The Cabot Trail is a windy road through the highlands of Cape Breton, the closest thing you get to the mountain driving of B.C. here in Nova Scotia. There are steep hills, windy coastal roads, remote communities (have you heard of Meat Cove? The name is rather deceptive), and numerous scenic look-offs (what other people might call lookouts). Today we saw nifty scenery, the place where Cabot landed in Nova Scotia, an old Scottish hut, moose, and more scenery courtesy of the Skyline trail just outside Cheticamp. Believe me when I say you are barely scratching the surface of the pictures we took!














Tomorrow we rest up in Cheticamp before making the mad dash back to Halifax. This has been fun but a bit tiring, so a lighter day will be nice.
A.

02 August 2010

Cape Breton Trip 2010 - Ingonish - A

Having explored the right-hand side and centre of the island, our next stop in Cape Breton was Ingonish. We stayed one night there so we could enjoy the beach and some scenery before pushing on for the Cabot Trail (the top left side of the island) the next day. It was a quieter day, not as busy as others, just a nice drive, some pictures, and dipping our feet in the water. Not really much more to say other than enjoy the scenery, other than see if you can spot the underwhelming lighthouse:









That does it for another day. See you tomorrow, after what should be an impressive drive.
A.

01 August 2010

Cape Breton Trip 2010 - Glace Bay - A

So today we went to Glace Bay to see the Miner's Museum and then down to Iona to see the Highland Village there, which traces the Scottish migration to the area and how they developed. Enough talk, picture time!

Me in a giant elevator box:


Mining company village:


The mine tour and former miner guide, including replica pit pony, horizontal jackhammer, and undergound garden:









Seen on the road to Iona:



Highland Village, including Gaelic actors and a cart belonging to Alexander Graham Bell:















A pond in Sydney:


Tomorrow, Ingonish. Till then,
A.