952 THE ADVOCATE
VOL. 78 PART 6 NOVEMBER 2020
guideline was valid under the First Amendment as a reasonable regulation
of the place and manner of protected speech. Justice Marshall noted that
“judgments that sounds are too loud, noise-like, or discordant can mask disapproval
of the music itself”. For this proposition, Justice Marshall cited an
article on “Critical Assaults on Composers Since Beethoven’s Time”, whose
author had remarked: “New music always sounds loud to old ears.
Beethoven seemed to make more noise than Mozart; Liszt was noisier than
Beethoven; Schoenberg and Stravinsky noisier than any of their predecessors.”
Justice Marshall also cited the words of one music critic about the
works of Russian composer Sergei Prokofiev: “Those who do not believe
that genius is evident in superabundance of noise looked in vain for a new
musical message in Mr. Prokofiev’s work. Nor in the Classical Symphony,
which the composer conducted, was there any cessation from the orgy of
Bowman A.C.J. cautioned in Tramble v. The Queen, 2001 4 CTC 416, a tax
case, that “the time devoted to artistic endeavour is hardly determinative
of the question whether it is a business. Mozart could toss off a symphony
in a matter of days. Brahms took years.”
Simon Coval, Q.C., was awarded the CBABC Harry Rankin, QC Pro Bono
Award in recognition of his role as a longstanding coordinator of Access Pro
Bono’s Court of Appeal roster program. This program provides clients with
summary advice and merits screening on appeals.
With the recent appointment of Mr. Justice William Veenstra to the
Supreme Court of British Columbia, the CBA held a mid-term election to
replace him on its national board of directors. That election was won by
Melanie J. Mortensen, who has the impressively long job title of “Legislative
Counsel and Designated Deputy Chief Legislative Counsel for Members’
Drafting at the Government of British Columbia”.
Tina Parbhakar was given the CBABC Equality & Diversity Award for her
dedication of countless hours towards advancing equality and diversity in
the legal profession and beyond through education, mentorship, policy
development, advocacy, community outreach and organizational change.
District Judge Bright of the Southern District of New York conveyed a
breadth of musical knowledge in Arnstein v. Broadcast Music, Inc., 46 F.
Supp. 379 (1942), a case of alleged copyright infringement:
Music is a universal language. From the compositions of the great masters
to the popular swing music of the day, the individual taste can be satisfied.