Traditional knowledge (TK) often helps researchers to locate, understand, and usefully apply genetic resources extracted from plants and animals. In some cases, TK provides the basis for cartographic insights and data on a wide range of otherwise inaccessible information. However, one of the sources of disquiet about TK is the perception that it is sometimes taken without permission, or when permission is given, TK may be used in a manner inconsistent with the expectations or wishes of the community. Even when researchers are working with Indigenous communities in good faith, there remains the risk of a misunderstanding or unintended misuse of the knowledge that can damage trust, build suspicion, and even cause economic, environmental, or other harm to the community.
The global South is full of significant, diverse biological and genetic resources. It’s also home to most of the world’s indigenous communities. This is why developing countries are sensitive about protecting their genetic resources and traditional knowledge.
University of Ottawa wins the Oxford International IP Moot again
For the 2nd time in 5 years, students from the University of Ottawa have won the prestigious top prize at the Oxford International Intellectual Property Moot. Fred Wu was the competition’s 1st best speaker, Tracey Doyle placed 2nd and Laura MacDonald 6th, giving the team 3 of the top 6 speaker prizes. uOttawa also took honours as the top-ranked team after all preliminary rounds.
I am delighted to announce the results of our first Internal Awards competition.
The recipients were recognized in a special ceremony based on the recommendations of the Selection Committee which included Dean, Nathalie Des Rosiers, VD Research Droit civil, Marie-Ève Sylvestre, VD Research Telfer School, Wojtek Michalowski, VP English of the Common Law Student Society, Rob Kivlichan, Member of the Common Law Honour Society, Al D’Silva, and Research Facilitator, Cintia Quiroga.
R. v. Jarvis: Cyberviolence against women – can criminal law respond?
In 2011,Ryan Jarvis, aLondon Ontario high school teacher, used a pen camera to surreptitiously record brief videos of students engaged in various activities around the school without their permission. After reports from another teacher, the school principal personally witnessed Jarvisrecording two female students, and demanded that he turn over the camera. Police analysis of the device revealed 17 active videos, 2 videos which had been deleted but subsequently recovered and other videos that were not recoverable. Of the 30 individuals depicted in the videos, 27 were female students; five of the images focused specifically on their breasts. Some days later, police searched Jarvis’ home and found that most of the files on a hard drive located in Jarvis’ room had been placed there after the pen camera was seized. This article discusses the scope of application under the Criminal Code.
This paper argues that a focus on reasonableness draws attention away from the central problem with surveillance and lawful access, which is rooted in the conflict between the normative imperative to enforce the Criminal Code and the normative imperative to enforce the right to be secure against unreasonable search or seizure under section 8 of the Charter of Rights and Freedoms.