Texts and Teaching Methodologies

Some Pedagogical Reflections Freya Kodar* It is always more challenging, and a little nerve- included when the students studied the wracking, to deliver an instructional unit some- case in the previous September; one else has pulled together, even when there 4 has been significant discussion amongst, and 4. Viewing and analyzing Staying Alive, a input from, the instructional team. This was Fifth Estate feature that focuses on In- particularly so for the Insite unit because we site’s operations and the people who ac- were using some “unconventional” texts and cess its services; teaching methodologies. The material under 5. A mapping exercise. discussion was both intellectually and personally challenging for many, and it was our first time delivering it. I offer some reflections as a member of the teaching team on the ways in which these particular challenges together pro- Fix: The Story of an Addicted City duced a rich and exciting unit to teach, and if and Staying Alive the student feedback is any indication, provided a significant learning experience. The filmic texts provided a considerable amount of the unit’s content and context. Filmed over a two-year period, Fix: The Story of an Addicted The “unconventional” texts and City chronicles the social reality of drug addic- teaching methodologies tion and overdose deaths in Vancouver’s Down- town Eastside (DTES) and the political efforts The unit began in the fall with an assignment to create a safe injection site. Those involved in on the trial judgment in PHS Community Ser- the political process, including activists Dean vices Society v Canada (Attorney General).1 In Wilson and Ann Livingston from the Vancou- the Spring session, we used several methodolo- ver Area Network of Drug Users (VANDU); gies to encourage discussion and analysis of the Philip Owen, the city’s mayor at the time; and case and to deepen students’ understanding of other participants in the political process who law in its social context. These were: hold varying opinions about the merits of a harm reduction approach and a safe injection 1. Viewing and discussing the film, Fix: 2 site, present their perspectives and experiences The Story of An Addicted City; directly to the viewer. Staying Alive focuses on 2. Watching and analyzing a panel discus- Insite itself—its operations and staff, and the sion with a variety of speakers who had people who use its services. In viewing Fix, stu- a role in the creation or continuance of dents were asked to consider four questions: 3 the Insite facility; 1. Who speaks, and what do they tell us? 3. Re-reading and analyzing the trial de- (about self, others, drugs, the DTES, cision, including the interjurisdictional law); immunity analysis that had not been Constitutional Forum constitutionnel 135 2. What sources of authority are used? were “playing themselves.” Clearly, students (science, religion, economics, experi- were differently situated in terms of their per- ence, law); sonal experience, understandings and opinions about drug use, poverty, harm reduction and a 3. What does the film foreground as sig- safe injection site, but they were able to use the nificant? (what is relevant? what is un- filmic texts and the panel to both expand their spoken?); and understandings, and as vehicles through which 4. What is ultimately the film’s argument to articulate their own positions. (who/what is judged, what are they In addition to providing context, the film- 5 guilty of)? ic texts also provided a locus for students to Although mediated by the directors’ editorial think about perspective, evidence and argu- choices, both filmic texts allowed students to ment. Film is an unexpected text for most law hear people in their own voices, and to view the students and one that we had rarely used in the political process as it unfolded. The films also Legal Process course. Thus it was important to showed some harsh realities of drug use and provide students (and faculty) with some guid- poverty in the DTES, realities that were nar- ance on “reading” filmic texts. Rebecca John- rowed and sanitized by the time they formed son’s introductory session before the viewing part of the court decision “text.” Tim Richards of Fix encouraged students to analyze (1) the writes of the ways in which the Insite unit pro- perspectives of those portrayed in the films, (2) vided important social context for students, the arguments and the evidence they relied on particularly in terms of understanding “the in support of their positions, and (3) places of perspectives and experiences of those whose agreement and disagreement—a useful ana- lives would be affected by the closure of Insite.”6 lytical approach for reading cases and resolving The filmic texts played a critical role as they real legal problems. provided a visual and aural window into these lives that spoke to students on the affective do- Mapping main without spilling over into voyeurism, and provided important context for understand- Working with the filmic texts and the panel dis- ing the court decision. Such a view could not cussion in this way set the stage for the mapping have been replicated with transcripts, affidavits, exercise that brought everything together—the judgments and other written texts. social and political context and the role of law (in the broadest sense) in creating and resolv- In previous years, we have had students ing the problem. Students had to work together work with complex social and political prob- and draw on the perspectives and arguments lems through a multi-party negotiation role- in the materials and discussions to create their playing exercise. In my experience, it was dif- group’s map. One important benefit of this ap- ficult to prepare students adequately to role play proach was that they did not necessarily have to parties and perspectives, and it often seemed position themselves in relation to the merits of that the success or failure of the negotiation safe injection sites or the litigation to produce a overshadowed efforts to understand the social comprehensive map. and political context of the problem. Moreover, at times it was difficult for students to partici- I have to admit that, at the time, mapping pate in a hypothetical problem that was very was out of my teaching comfort zone, so I ap- familiar to them personally, or to experience proached facilitating the mapping session with the perceptions of classmates about the issue or some trepidation. Despite their initial uncer- particular roles. The filmic texts and the format tainty about how to proceed, the students pro- of the Insite unit did not entirely eliminate these duced interesting and thoughtful maps.7 There difficulties, but they did alleviate them to some was much to explore in discussion of each map extent since the people in Fix and Staying Alive, and the connections amongst them. I am now along with members of the panel discussion, a mapping “convert,” and have used the meth- 136 Volume 19, Number 2, 2011 odology in other classes to facilitate student ture cases, and for thinking about ways to teach discussion and analysis of complex material or complex social and political problems in our problems. discrete subject area classes. And who knows . maybe the Supreme Court of Canada will release its appeal decision next January. “Timing” Finally, a few words on timing and luck. Stu- dents initially encountered the problem in an edited trial judgment they had to brief and com- Notes ment on to complete the fall legal process com- ponent of the curriculum. At this point, they had two weeks of introduction, and their own * Assistant Professor, Faculty of Law, University of assumptions to ground their understanding of Victoria. the case. In January, they were given the full tri- 1 2008 BCSC 661. al judgment, which now included the interjuris- 2 ��Dir. Nettie Wild, 2005, Canada Wild Produc- dictional immunity analysis that had been ed- tions, Vancouver. ited for the fall assignment, and they were asked 3 The panel included Ann Livingston and Jackie Robinson of the Vancouver Area Network of to review their original assignment. This return Drug Users (VANDU); Philip Owen, former to the case and the assignment gave them the mayor of Vancouver; Heather Hay, Director of opportunity to see how much they had learned Addiction, HIV/AIDS and Aboriginal Health since September (despite what their December Services, Coastal Health Authority; Sheila examination results might have suggested). Tucker, Counsel for the Coastal Health Authority in the Appeal; Paul Riley, Counsel for the Attor- We had hoped that the Court of Appeal de- ney General of Canada; and Doug Lang, Police cision would be released before the spring com- Officer, Downtown Eastside. See Richards infra ponent started. However, the fact that it came for more details about the panel. down the day after it ended—after students had 4 Dir. Tamar Weinstein, 2009. First aired on listened to people who were named plaintiffs March 13, 2009 as an episode of CBC-TV’s the in the case, and to lawyers who had argued it, fifth estate. and to people they had seen in the film—was 5 Rebecca Johnson, “Nettie Wild’s “Fix: The Story of exciting. It did make it “real” in a very particu- an Addicted City” (2002) Notes for Viewing ‘Law’ lar way. Students’ engagement with the case, the in Film.” ThThe e full viewing instructions distributdistribut-- issues and the controversies through the Insite ed to students are available online at http://insite. law.uvic.ca. unit, and their fall term course work, meant 6 Infra at http://insite.law.uvic.ca. they were able to read and understand the judg- 7 See Rebecca Johnson’s discussion of the maps ment.

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