Volume 89, Issue 7 (2015)
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Osgoode Hall Law School of York University Osgoode Digital Commons Obiter Dicta Alumni & Law School Publications 11-24-2015 Volume 89, Issue 7 (2015) Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/obiter_dicta Part of the Law Commons Recommended Citation "Volume 89, Issue 7 (2015)" (2015). Obiter Dicta. 60. http://digitalcommons.osgoode.yorku.ca/obiter_dicta/60 This Book is brought to you for free and open access by the Alumni & Law School Publications at Osgoode Digital Commons. It has been accepted for inclusion in Obiter Dicta by an authorized administrator of Osgoode Digital Commons. Volume 88 | issue 7 | obiter-dicta.ca The Definitive Source for Osgoode News since 1928 Tuesday, November 24, 2015 THE ROLE OF MEDIA THE CULTURE OF RESPONDING TO TRAGEDIES ê The picture depicts the large crowd of Torontonian supporters that gathered in Nathan Phillips Square on Saturday November 14th to show camaraderie with the families of those affected by the terrorist shootings in Paris, France at this difficult time. Photo credit: blogTO.com christina candea › contributor hen tragedies, likE the recent ter- reflection of the culture of our country, but also as a rorist shooting in Paris, France occur tool that shapes and propagates our values. As such, the world seems to pause in shock. when I arrived home Friday evening and noticed that Articles from online news sources, the CBC was broadcasting prolonged coverage of the In this Issue... W as well as national tabloids and television programs tragedies in Paris, I couldn’t help but ultimately be editorial begin broadcasting ‘breaking live news’ coverage of insulted on behalf of all of the human suffering in Uber Innovation . 2 the scene that continues for hours after the event has non-Western nations that were not being reported. ceased. Social media networks are flooded with well- The anchor was spitting out statistics such as, “this news meaning hash-tags and messages of sympathy and is the largest attack on Paris since World War II” to Paul Bernardo Book . 3 condolences; the same pictures are ‘shared’ countless seemingly fill airtime, as there was no development opinion times, with thousands of ‘likes’ thrown around the happening on the screen. However, the cameras con- Afghan Sex Slaves . 5 web. It is not always clear whether people take part tinued rolling, even though all that could be seen now in this social media campaign because they truly care were stationary emergency vehicles on the scene. I felt arts & culture about the tragedy that took place in another part of offended, as other Canadians likely did, that the CBC TV L Rev . 14 the globe, or whether they are simply swept up by the would choose to fixate on a tragedy that occurred in sports wave of empathetic sentiments that flood their social Toronto Blue Jays . 17 media feeds and don’t want to be left out. I understand the role of the media not only as a » see tragedies, page 19 2 obiter Dicta EDITORIAL Uber Innovation, a. Osgoode Hall Law School, 0014G Uber Disruption York University 4700 Keele Street Toronto, ON m3j 1P3 e. [email protected] w. obiter-dicta.ca t. @obiterdictaoz hen one proceeds to write about Josh Mohrer, reporter Johana Bhuiyan was told that he Uber, you are faced with a dilemma. Do had been tracking her on his iPhone (the ‘God View’ “Lawyers are the only persons in whom you go through the process of explain- individual tracking feature is widely available to cor- ignorance of the law is not punished.” ing what Uber is, or can you safely porate Uber employees). jeremy bentham W assume that it is common knowledge? It’s analogous The list of grievances goes on. The misrepresen- to writing about iPhones or Facebook; the possibil- tations about the amount of money a driver can earn ity exists that a reader isn’t aware of what it is, but it working for Uber. The lack of a maximum number editorial board seems highly unlikely. Its growth and presence are of drivers ensuring there is no guarantee of stable editor-in-chief | Sam Michaels astonishing—in just over five years Uber has grown to income. That Uber manages to stay mostly at arms- managing editor | Erin Garbett a company operating in fifty-eight countries; it is cur- length from incidents because drivers are classified as creativE director | Heather Pringle rently worth fifty billion dollars. Yes, billion with a b. contractors. Highly localized and frequently chang- editorial staff We love peer-to-peer services like Uber because ing price surges that allegedly serve long-term supply business managers | Alvin Qian, Vincent Neil Ho they enable the use of an underused resource and cut and demand trends, somehow. By dodging taxes, they communications manager | Carla Marti out the middleman. We no longer have to search for don’t result in a net plus to the economy. This is by no copy editor | Melissa Belmonte, Shannon Corregan a cab, or risk a cab being poached by another rider. means an exhaustive list. newS editor | Simmy Sahdra Gone are the days of “sorry, I can only take cash” or Many (if not most) cities assert that Uber is oper- opinions editor | Nadia Aboufariss “I’ll have to charge a fee for such a short ride.” And ating illegally. This past summer, the City of Toronto arts & culture editor | Kathleen Killin without the middleman, transaction costs drop sig- attempted to file a permanent injunction barring sports editor | Kenneth Lam nificantly, resulting in a lower cost to consumers. Uber from operating within the city. Their applica- layout editor | Karen Wang Beyond the convenience and reduced prices, Uber tion failed mainly due to the wording found in the wEbsite editor | Asad Akhtar may have some very positive effects in society. Drunk applicable provisions of Toronto’s Municipal Code. driving may be eliminated! We’re reducing harm to Like Toronto, in most cases the laws of yore are simply staff writers the environment by buying fewer cars; parking lots incapable of handling something like Uber. Evan Ivkovic, Shannon Corregan, Anthony Choi, could become parks some day! Take that antiquated Further, Uber has presented a difficult situation Michael Motala, Kareem Webster, Esther Mendelsohn, and corrupt taxi industry, Uber for the win. for lawmakers who want to revamp current laws. It Jerico Espinas, Henry Limheng But a deeply troubling underbelly exists on the presents itself in a way that makes us feel like they get contributors Uber beast. Along with lower costs, with fewer mid- us, like they want to serve our needs. We used taxis Christina Candea, Canadian Forum for Civil Justice, dlemen comes less accountability. because they were the only game in town, but this Jessica Grys, Justin Amaral, Knia Singh Despite Uber’s “industry leading” background new Uber kid gives us what we want. It’s easier, usu- checks, a report filed by district attorneys in Los ally faster, and cheaper than what we were stuck with. Submissions for the January 5 issue are Angeles and San Francisco concluded that in 25 They partnered with shelters and brought people pup- due at 5pm on December 26. Articles should range cases persons with criminal records were able to slip pies and kittens play with (for a fee)! They provided a between 700 - 1200 words and be submitted to: obi- through the screening process. The same has hap- discount to Mock Trial attendees! [email protected]. pened in numerous other cities. Of course not every- Rather than asking for permission, Uber’s MO is one with a criminal record is dangerous, and not generally to enter the market and go to war with any TheObiter Dicta is published biweekly everyone with a criminal record should be barred would-be regulators. Their popularity is a powerful during the school year, and is printed by from the transportation industry. What is most bargaining chip; public backlash is a common out- Weller Publishing Co. Ltd. important to note is that Uber isn’t being truth- come when lawmakers attempt to restrain Uber. After Obiter Dicta is the official student newspaper ful when they say that their background checks are days of celebrity endorsements, attack ads and lob- of Osgoode Hall Law School. The opinions expressed “industry leading.” If other currently used systems bying, NYC dropped a plan to cap the number of per- in the articles contained herein are not necessarily are able to catch what Uber’s system missed, a false- mitted Uber drivers. Toronto appears to be moving those of the Obiter staff. The Obiter reserves the right hood is being shared. towards regulating Uber, albeit at a slow pace. On to refuse any submission that is judged to be libelous or Additionally, many incidents of harm coming September 30th they voted to ask city staff to research defamatory, contains personal attacks, or is discrimi- to Uber patrons have occurred. Monica Serrott, a options; Council will look at proposals next spring. natory on the basis of sex, race, religion, or sexual ori- Columbus Ohio resident, died this past August after Judging by the over sixty thousand signatures on a entation. Submissions may be edited for length and/or an Uber ran over her with their back tires. A seven- pro-Uber petition preceding the September 30th content. year-old girl was struck and killed by a San Francisco Council vote, there will likely be a fierce backlash at driver in May 2014. A driver in Chengdu, China was any attempt to reduce Uber’s presence next spring. accused of rape and robbery in August. Incidents have So it comes down to us, the consumers.