Disorientation Handbook 2015 by RadLaw Handbook

DISORIENTATION HANDBOOK 2015

Our voices reject the structures of domination and oppression on which society is based and challenge law students to fight them in the courtroom, in the classroom, and in the streets. Nous résistons au discours juridique libéral et nous contestons les normes acceptées en théorie et pratique juridiques dans la mesure où ils maintiennent et recréent les relations de contrôle et de subordination dans la société. Nous adoptons des modes d’organisation sociale basées sur la démocratie participatoire et directe qui fournissent les moyens d’atteindre l’autodétermination et l’habilitation populaire. We resist all forms and systems of domination such as capitalism and imperialism, and reject 2

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systems of oppression such as patriarchy, racism, heterosexism, and class. We recognize and condemn the law’s legitimizing role in these structures and we embrace the full dignity of all human beings. Ce livret traite de comment nous pouvons nous entraider à communiquer et questionner, nous inspirer vers une réalité juridique plus radicale. C’est une expression collective de dissidence et un cri de ralliement à l’action. C’est un acte de résistance. This handbook is a work in progress and an act of dissent. This handbook was compiled by Kate Forrest and Sydney Warshaw on behalf of RadLaw. Many thanks are due to our editors: Jacob Schweda, Leah Gardner, Deborah Guterman, Cee Strauss, and Katie Spillane. We encourage you to share this handbook with friends. However, please do not reproduce any of the articles without permission of the author, which can be sought by contacting RadLaw at radlaw.mcgill@gmail. com. 3

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KEYWORDS YOU WON’T HEAR IN CLASS: What’s Left Out of Blacks Law Dictionary and Other Definitions for Radical Lawyering This list was originally compiled by an unidentified author for a 2006 Radlaw publication, was updated in 2013 by Katie Spillane, and was further updated by Kate Forrest in 2014. Most of the definitions come from “Definitions for the Revolution” (available at: http://www.coloursofresistance.org/ definitions-for-the-revolution), Colours of Resistance (a now-defunct grassroots network of people who worked to develop anti-racist, multiracial politics in the movement against global capitalism), and the “Gender Glossary” compiled by Qwo-Li Driskell of Dragonfly Press (http:// dragonflyrising.wearetheones.info/GenderGlossaryDragonfly.pdf).

Accessibility

The state of being open to meaningful participation by all people, in particular people whose participation is usually limited by oppression of some kind. Accessibility in general means being free of barriers (which can be placed by the group inadvertently or advertently) and free of limits to participation once present (e.g. a university with a Eurocentric curriculum is not accessible to Native students even if there is funding for them to get there). Sometimes the term “accessibility” is used with specific reference to the needs of people with disabilities. A space cannot be deemed “accessible” in this sense if the atmosphere is ableist, even if measures are in place.

An Anti-Racist 4

(As applied to white people) An anti-racist is a person who makes a conscious choice to act to challenge some aspect of the white supremacy system, including her/his own white privilege, as well as some form of oppression against people of color. (As applied to people of color): some use the term anti-racist. Others use synonyms such as freedom fighter, activist, warrior, liberation fighter, political prisoner, prisoner of war, sister, brother, etc. In practice, it is difficult for an activist of color not to be an anti-racist activist, since the struggle against racial oppression intersects with every issue affecting people of color.

Classism

Refers to the ideological belief that people deserve the privilege or oppression of their class based on their “merit”, “social status”, level of education, job, work ethic, etc. Classism also refers to the social dynamic of privilege, or elitism. Access to knowledge or to education are examples of elitism embedded in class privilege.

Contingent Workers

Are people who are employed based on the needs

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of the employer, without any job security or longterm commitments. Includes part-time workers, temporary and contract workers, and, in some cases, self-employed workers and independent contractors.

Economic Justice

Is a conviction that economic policies must result in benefits that are distributed equally across income and racial lines; that jobs created by state and local tax incentives must go to local people and taxpayers; and that the health, natural resources, and the culture of the community must be protected.

Environmental Justice

Is about equal and fair access to a healthy environment; equal enforcement of environmental regulations; and a movement to protect communities of colour and poor communities from environmental hazards.

Environmental Racism

Refers to racial discrimination in environmental policy-making and the enforcement of regulations and laws; the deliberate targeting of communities of colour for toxic waste facilities; the official sanctioning of the life threatening presence of poisons and pollutants in our communities; and the history of excluding people of colour from the leadership of the environmental movement.

Gender

Characteristics of masculinity and femininity learned or chosen. A person’s assigned sex does not always match their gender and most people display traits of more than one gender.

Genderqueer

Someone who “queers” gender. Someone who doesn’t identify as either a man or a woman, but a different gender entirely; who identifies as both a man and a woman; or who creates their own gender outside of binary concepts. Also, someone who identifies both their gender identity and sexuality as contrary to “acceptable” heterosexual, gender dichotomous constructions.

Globalization

A term used to refer to the expansion of

economies beyond national borders, in particular, the expansion of production by a firm to many countries around the world. This has weakened nations’ ability to control corporate practices, set regulations, or manage domestic economic policy. It has also weakened the ability of workers to fight for better wages and working conditions from fear that employers may relocate to other areas.

Heterosexism

The belief in the inherent superiority of heterosexuality and thereby its rights to dominance. This term describes an ideological system and patterns of institutionalized oppression which deny, denigrate, and stigmatize any non-heterosexual form of behavior, identity, relationship, or community.

Homophobia

The fear and persecution of queer people. Rooted in a desire to maintain the heterosexual social order, which relies on oppressive gender roles.

Institutional Violence

The use of power to cause harm (i.e. violation of human rights) and to enforce structural oppression.

Internalized Racism

1. The poison of racism seeping into the psyches of people of color, until people of color believe about themselves what whites believe about them -- that they are inferior to whites; 2. The behavior of one person of color toward another that stems from this psychic poisoning. Often called “inter-racial hostility;” and 3. The acceptance by persons of color of Eurocentric values.

Internalized Sexism

Refers to the “internalization” of gender role socialization and sexism.

Law/Legal Collective

A law collective is a non-hierarchical organization which provides legal services to a community or communities in need. These services can range from traditional criminal defense or advocacy to legal support or law-related workshops. Contemporary law collectives are usually non-lawyer-centered,

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run along anarchist principles, and work as part of the movement for social justice.

Legal Solidarity

A strategy that uses group decision-making and action to protect people being held in the legal system. Jails and courts are designed to make some participants feel powerless while empowering others. By using solidarity tactics – making legal decisions as a group, acting in unity with each other, and making a commitment to safeguarding every arrestee’s interests – participants can gain more control over what happens in jails and courts. Legal solidarity has been used effectively for decades in the civil rights, peace, environmental, and anticorporate globalization movements, among others.

Oppression

Oppression refers to the power and effects of domination. There are many forms of (often) interlocking oppressions: racism, sexism, classism, heterosexism, anti-Semitism, ableism, ageism, etc. Illegitimate institutionalized power allows certain ‘groups’ to confer illegitimate dominance over other ‘groups’, and this dominance is maintained and perpetuated at an institutional level.

Popular Literacy

Is a method of education that begins by processing people’s lived experiences, collectively and critically evaluates that experience, draws connections to root causes of problems, and develops solutions. Distinct from education that views participants as “blank pages” and teachers as “experts.”

Power

1. Power is control of, or access to, those institutions sanctioned by the state. 2. Power is the ability to define reality and to convince other people that it is their definition. 3. Power is ownership and control of the major resources of a state; and the capacity to make and enforce decisions based on this ownership and control. 4. Power is the capacity of a group of people to decide what they want and to act in an organized way to get it. 5. In terms of an individual, power is the capacity to act.

Privilege

Unearned social power accorded by the formal and informal institutions of society to ALL members of a dominant group (e.g. white privilege, male privilege, etc.). Privilege is usually invisible to those who have it because we’re taught not to see it, but it nevertheless puts them at an advantage over those who do not have it.

Queer

A term used in a number of different ways; as an ‘umbrella’ term for lesbian, gay, bisexual, transgender, intersex, genderqueer and other nonheterosexual identities. It is also used as a way of reclaiming and co-opting a once negative term; to remove queer as a term of abuse. The term queer also alludes to a fluidity of gender and sexuality and a rejection of socially imposed categories.

Race

A specious classification of human beings which assigns human worth and social status using ‘white’ (usually) as the model of humanity and the height of human achievement for the purpose of establishing and maintaining privilege and power.

Racism

Racism is race prejudice plus power. Racism is not primarily a set of negative attitudes or behaviours on the part of individual whites. These negative attitudes and behaviours are grievous and sometimes fatal, but they are in fact symptoms of a system whose purpose is not merely to make people of color feel badly but to maintain white power and control.

Reverse Racism

A term created and used by white people to deny their white privilege. Those in denial use the term reverse racism to refer to hostile behavior by people of color toward whites, and to affirmative action policies which allegedly give ‘preferential treatment’ to people of color over whites. There is no such thing as “reverse racism”.

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Reverse Sexism

Term created to deny sexism. Fails to acknowledge that the word sexism exists because we live in a patriarchal society where men are privileged simply because they are men.

White Privilege

Perpetuates a system of patriarchy where men hold power and privilege and women are subordinate to men.

White privilege is a historically based, institutionally perpetuated system of: 1. Preferential prejudice for and treatment of white people based solely on their skin color and/or ancestral origin from Europe; and 2. Exemption from racial and/or national oppression based on skin color and/or ancestral origin from Africa, Asia, the Americas and the Arab world.

Tokenism

White Supremacy

Sexism

Presence without meaningful participation. For example, a superficial invitation for participation without ongoing dialogue and support, handpicked representatives who are expected to speak for the whole (socially oppressed) group. Tokenism is often used as a band-aid solution to help the group improve its image.

White supremacy is a historically based, institutionally perpetuated system of exploitation and oppression of continents, nations, and peoples of color by white groups and nations, for the purpose of maintaining and defending a system of wealth, power, and privilege.

Transphobia

The fear and persecution of transgender/ transexual persons. Rooted in a desire to maintain the gender binary (i.e. the categories ‘male’ and ‘female’), which obscures the reality of the fluidity of gender.

Underemployment

Labour that is not fully utilized; encompasses individuals working below the level for which they have been trained, or individuals working fewer hours a day than they would prefer. Also includes the working poor whose long hours of labour generate inadequate income for basic subsistence.

White (as in “white people”)

The term ‘white’, referring to people, was created by Virginia slave owners and colonial rulers in the 17th century. It replaced terms like Christian and “Englishman” to distinguish European colonists from Africans and indigenous peoples. The creation of ‘white’ meant giving privileges to some, while denying them to others with the justification of biological and social inferiority.

Photo courtesy of Nahum Gelber Library

Photo courtesy of Lillian Boctor

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MAKING LAW SCHOOL WORK FOR YOU. How I negotiated the tension between law school and what brought me to law school in the first place.

s an incoming student embarking on your first year of law school, you are likely feeling one of two things right now: a flutter of excitement at the opportunities before you, or a sinking feeling accompanied by the thought: “What have I done?” It is an interesting and paradoxical reality of law school that it has the ability to draw in socially minded students in a spirit of both revolution and submission. You may have chosen law school with firmly activist intentions, or view your attendance here as contravening every activist bone in your body. And regardless of which pole of that spectrum you find yourself on today, by the time October rolls around you will most likely have adopted a more median position, if not a more pessimistic one.

Here are my suggestions of how to stay in touch with the goals and values that brought you to law school in the first place:

But here’s the thing: law school is not inherently oppressive or empowering. Your professors, colleagues and readings have the potential to enrage and inspire you in equal measure. So, the first step to making law school work for you is recognizing your agency and autonomy within this institution. Being in law school can sometimes feel like being taken on a bumpy ride with no clear destination, but the important question is: who’s steering? I know from personal experience that it is possible to stay in the driver’s seat and keep your eye on your goals during your first year of law school.

2. Seek out like-minded student mentors

1. Never silence yourself in class

I found my participation in class discussions to be the single most empowering aspect of my first year. While your professors may not be willing (or able) to make changes to your class syllabus, they can and do often encourage questions and comments. Take these opportunities to express the perspectives and considerations you feel are missing or relevant to the class discussion! You may not be met with agreement from your peers or professor, but you will broaden what might otherwise be a limited conversation.

I was lucky to make connections with two upperyear students very early in my first year, who provided invaluable advice to me that deeply enriched my first year experience. There is no substitute for this kind of honest, personalized advice. You are not the first to manoeuvre the difficulties of this institution, and your journey will be smoother and more fruitful if you take directions from someone who can point you towards the clubs, events, and spaces that will help you stay connected with your goals. 9

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3. Take every opportunity to produce your own work

I did a lot of writing in my first year, a process which helped me to develop and remain connected to my own thoughts and values as I was confronted with new ideas and way of thinking. If you are offered the choice of writing a term paper in a class, keep in mind that there is more at stake than your final mark. Writing a term paper will offer you the opportunity to pursue lines of inquiry and perspectives that you may feel are missing or insufficiently addressed in the class curriculum. You may also pursue writing or expression (be it oral, artistic, or even physical) outside of the Faculty, which is where the real magic happens.

4. Volunteer in the community

Acting as a legal assistant to the in-house lawyer at Stella (Montrealâ&#x20AC;&#x2122;s sex-worker advocacy organization) was one of the most rewarding experiences of my first year. I was lucky to receive this placement after applying to the McGill Pro Bono Program, which you should absolutely check out and consider applying for. Volunteering in a community organization is the ultimate way to stay connected to the goals that brought you to law school in the first place, and the only way to see the work you may hope to do one day in practice. Do not shy away from these opportunities. They will prove equally if not more valuable than any class.

5. Be the change you want to see

This universal dictum means different things for each of us, but is equally challenging for all. Remember that you choose what a day in your life looks like. There is no need to give up on the pursuits and values that got you to this place in your life. If those same values lead you to despair at some aspects of your legal education, do something to change it. Do not give up your agency in this institution; it will be necessary if you are going to succeed in making law school work for you. Written by Aliah El-houni, law student at McGill Photo courtesy of Sydney Warshaw 10

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In the Words of Your Peers... What is the most useful thing you have learnt at McGill Law?

for you and don’t worry if someone else spends more time in the library, does more unpaid internships, etc.

Que l’enseignement très théorique du droit (en apparence élitiste donc) est peut-être le meilleur outil pour une approche critique au droit car il n’y a pas de place pour cacher le colonialisme, le sexisme, le capitalisme et autre *ismes quand on décortique un concept jusque sa moelle.

Students can get accommodations for anxiety through the Office for Students with Dissabilities.

The less you worry about what other people are doing, the happier you are going to be.

I wish I had known about the variety of jobs available to law grads, and the importance of searching them out.

That justice and law are not synonymous. Laws are often used against those seeking social change. Que la réussite académique se joue vraiment en groupe et en équipe. It’s easier to be co-opted into the system than to fight against it. Surround yourself with loving people who keep you committed to your values.

What are some things you wish you had known at the beginning of your first year? You don’t have to read it all, buy it all, print it all. Get involved! Speak up! There’s a room where you can meditate in the SSMU building and they have free tea. Don’t try to keep up with others. Do what works best

I wish I had known that my favourite class would be the one I got the worst mark in, and my least favourite would be the one I got the best mark in.

What inspired you to stay in law school? Joining the immigrant workers centre and helping and organizing with migrants and immigrants workers was the only thing that made my first year bearable and enjoyable.

This is the best contribution I can make to positive social change at this point in my life. There are so many amazing, kind and nice people.

How did you survive law school? Coffee, Chocolate, mingling with people who are not blasé about social justice and getting involved in legal clinics. Having important connections and commitments both in and outside of the Faculty. I see a therapist who helps with stress and keeping things in perspective. I found like-minded colleagues, and took social justice classes at the Faculty. I also got to know the Professors at the Faculty that are also committed to social justice. They can be great mentors!

Les étudiants incroyables que j’y découvre et la perspective de pouvoir être l’avocate et “advocate” du changement social.

By cooking good and healthy food, eating, and sharing food. My informal lunch club I had with a classmate was of great help to save time and money on cooking.

I actually love learning and solving difficult problems. I think there need to be critical, thoughtful, compassionate people doing this work and I aspire to be one of them.

By keeping my eye on the prize (a career making a difference) and remembering that I am not defined by McGill Law or what they teach me here.

Working at legal information clinics and feeling the privilege of being able to help people in great need. A lawyer’s skillset is extremely valuable to social movements. 11

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Spaces of Solidarity At McGill

Midnight Kitchen - Repas végans, par donation, 12h30 à tous les midis dans le bâtiment du SSMU QPIRG - Student-run organization that conducts research, education, and action on environmental and social justice issues at McGill LegalEase - Student-run radio show on CKUT (90.3 FM) that deals with legal issues The Flat Bike Collective - Un atelier de réparation de vélos coopératif visant à encourager le cyclisme par le partage des connaissances et des outils McGill Farmer’s Market - Weekly farmer’s market in front of the SSMU building SACOMSS - The Sexual Assault Centre of the McGill Students’ Society Queer McGill - A group that aims to create safe space and community for queer students Union for Gender Empowerment - A trans-positive feminist service of SSMU McGill Daily - Independent student-run newspaper at McGill Le Délit - Un journal indépendant francophone produit par les étudiants de McGill

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In Montreal

Project Genesis - A community organization that provides legal information, advocacy, and referrals to people facing housing problems or having difficulty accessing basic income security, healthcare or other government services. Project Genesis also works to fight poverty and improve housing conditions through its community organizing work. See genese.qc.ca. Prisoner Correspondence Project - A collectively-run direct-correspondence program for gay, lesbian, transsexual, transgender, gendervariant, two-spirit, intersex, bisexual, and queer inmates in Canada and the United States, linking these inmates with people who are part of these same communities outside of prison. See www. prisonercorrespondenceproject.com. Centre for Gender Advocacy - Offers peer support and advocacy, safer sex resources, and trans health resources free of charge. The Centre also campaigns to demand justice for missing and murdered indigenous women and to advocate for improved access to reproductive and trans health services. See genderadvocacy.org. Association pour une solidarité syndicale étudiante (ASSÉ) - Un syndicat étudiant national qui incarne une vision combative du syndicalisme étudiant et met l’information et la mobilisation de ses membres au cœur de son plan d’action. L’ASSÉ combat pour une plus grande accessibilité à l’éducation postsecondaire. Voir asse-solidarite.qc.ca. Concordia Co-op Bookstore - A not-for-profit bookstore located on Concordia’s downtown campus. Offers both new and used books, and boasts Montreal’s largest selection of sex and gender studies titles. See www.co-opbookstore.ca. Le Frigo Vert - A collectively run food store on Concordia’s campus where you can buy organic bulk food, alternative health products, environmentally friendly cleaning supplies, snacks, coffee, and more. See lefrigovert.com. Le Collectif Opposé à la Brutalité Policière (COBP) - Le COBP a pour but de dénoncer les harcèlements, violences et abus de pouvoirs policiers, d’informer les gens sur leurs droits face à la police, et de soutenir les victimes en les aidant à porter plainte. Voir cobp.resist.ca.

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Head and Hands - Offers medical, social, and legal services for Montreal youth aged 12 to 25, with a non-judgmental, harm-reductive, inclusive, and empowerment-focused approach. See headandhands.ca. Action réfugiés Montréal - Provides legal information to asylum seekers in detention, offers a twinning program to support and welcome refugees, and advocates on behalf of refugees. See www.actionr.org. Cactus Montreal - Un organisme communautaire de prévention des infections transmissibles sexuellement et par le sang, actif dans le centre-ville de Montréal. Cactus offre des services et activités de prévention, de sensibilisation et d’éducation. Voir cactusmontreal.org. Solidarity Across Borders - A migrant justice network based in Montreal comprised of migrants and allies. SAB engages in popular education, support work, and political mobilizations, including demonstrations, pickets, delegations, and direct actions. See www.solidarityacrossborders.org. Le Mouvement Action-Chômage - Un groupe de défense des droits des sans-emploi. Il informe et défend les gens tout en visant la sauvegarde et l’amélioration du régime d’assurance-chômage. Voir macmtl.qc.ca. Action Santé travesti-e-s et transexuel-le-s du Québec (ASTT(e)Q) - ASTT(e)Q aims to promote the health and well-being of trans people through peer support and advocacy, education and outreach, and community empowerment and mobilization. See www.astteq.org. Ste-Émilie Skillshare - A community art collective that shares skills and resources to create art in the spirit of self-representation and revolution. The collective works within an anti-oppression framework toward social and economic transformation. See steemilieskillshare.org. Santropol Roulant - Santropol Roulant uses food as a vehicle to break social and economic isolation between generations and cultures. Programs include meals on wheels, urban agriculture, and a bike repair shop. See santropolroulant. org.

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In the Legal Community

Association des juristes progressistes (AJP) - Un rassemblement d’avocatEs, d’étudiantEs et de travailleurs/travailleuses voués à la défense des droits et déterminés à mettre le juridique au service de la lutte pour la justice sociale et la fin des inégalités. Voir ajpquebec.org. La clinique juridique du Mile-End - Un réseau d’avocats et d’étudiants en droit dédiés à rendre la justice plus accessible aux citoyens. Voir justicemontreal.org. Law Union of Ontario - A coalition of progressive lawyers, law students, and legal workers that aims to demystify legal procedures, attack discriminatory and oppressive legislation, argue progressive new applications of the law, and democratize legal practice. See lawunion.ca. National Association of Women and the Law (NAWL) - A feminist organization that promotes the equality rights of Canadian women through legal education, research, and law reform advocacy. Also check out their Gender and the Law Manual, available online. See nawl. ca. National Lawyers Guild (U.S.) - An association of progressive lawyers and law students that seeks to maintain and protect civil rights and liberties and to safeguard and extend the rights of marginalized groups. See nlg.org.

Compiled by Kate Forrest, law student at McGill.

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JE CONNAIS RONCARELLI, MAIS C’EST QUI HARKAT? Le cadre déformé de ta formation juridique

out comme l’indique Dean Spade: «Law school is like a language immersion program, but one in which the language you are learning is the language of rationalizing white supremacy, settler colonialism, patriarchy and capitalism ». Mais ton péril est encore plus sérieux que le suggère Spade : ta formation en droit à McGill risque, en plus, par le recours fréquent à des concepts tel celui des « droits fondamentaux », de réussir à te convaincre que le droit est progressiste de sa nature même. Tu apprendras en détail en analysant l’arrêt Roncarelli que, pour que la justice soit rendue, même contre les tout-puissants tel Maurice Duplessis, les individus opprimés n’ont qu’à présenter leurs plaintes à la Cour suprême. On te suggérera—implicitement, mais continuellement—par ailleurs, que cette Cour est un véritable guerrier de la gauche, qui réussit à déjouer Stephen Harper à tous les coups. C’est peu probable, par contre, qu’on mentionne dans tes cours le régime canadien de certificats de sécurité qui était en cause dans l’affaire Harkat. Celui-ci autorise des procès secrets, lors desquels la défenderesse n’est aucunement autorisée à prendre connaissance de la preuve secrète présentée pour l’incriminer. Ce même régime a été affirmé par la Cour suprême, et cible presqu’à l’unanimité des personnes racisées, d’origine arabe.

On ne discutera non plus du règlement municipal P-6, en vertu duquel le Service de police de la ville de Montréal a effectué des arrestations en masse de plus de mille militantes et militants de gauche depuis la grève étudiante de 2012, tout en refusant d’appliquer ce même règlement lors des célébrations du Canadien ou lorsqu’une manifestation des policiers et policières eux-mêmes n’a pas été conforme à ses dispositions. En fait, les profs auxquels je l’ai mentionné n’avaient jamais entendu parler de ce règlement dont l’abrogation a été revendiquée à maintes reprises par les mouvements sociaux, et qui est souvent mentionné dans les médias de masse, mais qui demeure apparemment toujours obscur dans la faculté de droit. On ne discutera sûrement pas du taux sans précédent d’emprisonnement au Canada, particulièrement de personnes racisées, même si ceci résulte du travail du système judiciaire. L’enquêteur correctionnel indépendant a d’ailleurs constaté en novembre que « You cannot reasonably claim to have a just society with incarceration rates like these ». Une vraie formation, un sens moral plus profond, une connaissance du monde qui dépasse les zones de privilèges qui englobent l’université McGill et la faculté de droit, nécessitent forcément plutôt de s’impliquer dans les mouvements sociaux

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au-delà du milieu académique, et qui abondent à Montréal. En même temps, il vaut la peine de connecter avec les autres étudiant-e-s qui se questionnent eux et elles aussi et qui souhaient contester la perpétuation du pouvoir et des privilèges par les milieux académiques et juridiques. Bon courage dans la revendication d’un milieu juridique plus juste !

Écrit par Mark Phillips, ancien étudiant en droit à McGill

Photos courtesy of Justice for Harkat

Photo protected under Creative Commons Liscence

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Being vulnerable enough to ask for help with mental health while studying law at McGill

aw students are afraid to talk about mental health.

Law students are generally afraid to admit that they could be living with mental health difficulties, whether it’s anxiety disorders, mood disorders (like depression), or eating disorders. I’ve talked to several successful, bright and amazing McGill law upper years and grads who’ve confessed to me that they receive(d) exam accommodations for various ailments, but no one is ready to have this be public knowledge. And of course, rightly so - in terms of privacy - it is our right to keep our health information from becoming public knowledge. We’re often afraid to ask for help. We like to make it seem like we have it all together. But in reality, the culture of law can be incredibly stressful and exacerbate any worry, insecurity or fear we’ve struggled with before. Let’s fight against this culture of fear. In hopes of doing this, I would like to share a list of things about mental health resources at the law faculty that I discovered through research and conversations with friends. 1. The overarching message I want to convey is that you shouldn’t be afraid to seek out help for your mental health. Don’t be afraid to ask for help! Make yourself aware of the support that exists at McGill. Access these services.

Without being vulnerable enough to ask for help, law students who have used these mental health resources probably could not have been as successful as they are. 2. Learn about McGill’s policies and regulations. The “Handbook of Academic Regulations, Resolutions and Policies” states the law faculty’s rules on exam deferrals and accommodations.1 3. Folks at the SAO (Student Affairs Office) really do care and want to help you. The SAO helps students with all things academic at the law faculty. They’re not perfect. Students complain about their wait times and bureaucracy. But the staff behind the counter genuinely care and want to help. 4. Students can go see SAO staff at any time they are feeling unwell, and this is especially true during exams. SAO Director Nancy Czemmel told me that the SAO aims to remind students that they should not go into an exam if they are not feeling 100%. Rather, she suggests that students seek medical attention before exams and apply for a deferral through the SAO and / or speak to SAO staff directly about the possibility of exam accommodations and deferrals. 5. If students become ill (physically or 1Found through the SAO’s website: http://www.mcgill.ca/ law-studies/policies

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psychologically) in the middle of an exam, they can still talk to the SAO.

does not employ psychiatrists and therefore cannot prescribe medication.

It takes guts, but Nancy says that students can see the SAO during an exam, we just need to ask for help. Then, students can discuss exam deferrals, accommodations or the option of going back into the exam after having talked with an SAO staff member.2

Counsellors “do write Letters of Support for students [who need accommodations], but only within certain parameters.”4

6. The SAO’s website recommends speaking with members of their staff if we are “struggling to deal with depression, anxiety, financial problems or any other personal problem”. For more information, please visit http://www. mcgill.ca/law-studies/information/advising. 7. McGill students with mental health difficulties can also get exam accommodations through the OSD (Office for Students with Disabilities). Friends have told me that they’ve received accommodations related directly to their diagnosis: for example, speech-to-text software for dyslexia, or extended time or the stopwatch accommodation for anxiety.3 Students can also write their exams at the OSD’s office, which can be helpful for people with social anxiety. 8. The OSD works with McGill’s Mental Health Services, a team of psychiatrists, psychologists and psychotherapists who support students’ well-being and academic success. Psychologists and psychiatrists at Mental Health Services offer various kinds of therapy, diagnose mental health difficulties and can prescribe medication. 9. Students also have access to McGill’s Counselling Services, which offers therapy but 2 This corresponds to Article 21, Section III. Examinations, Term Papers and Essays, SAO Handbook of Academic Regulations, Resolutions and Policies. Found here: http:// www.mcgill.ca/law-studies/files/law-studies/sao_handbook2015_2016.pdf 3 See McGillOSD’s Youtube channel and specifically their video entitled, “Stopwatch for Students”: https://www. youtube.com/watch?v=YETr3OrunDY 20

10. Finally, if you’re worried about confidentiality, note that the above institutions are strictly bound by Quebec privacy legislation. I’ll let you google what this exactly means - but your medical information is confidential except under very limited circumstances. I hope this information has helped you. My hope is to continue important conversations aimed at destigmatizing mental health difficulties in the field of law. Please don’t hesitate to contact me directly with any questions - I am so happy to help. 4 See Counselling Services “Our services” page: https:// www.mcgill.ca/counselling/services

Written by Yuan Stevens, law student at McGill

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Photo courtesy of Sydney Warshaw

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McGill Law Power Flow For a more detailed map visit: http://prezi.com/wguwieqde7ny/?utm_campaign=share&utm_medium=copy&rc=ex0share

DISORIENTATION HANDBOOK 2015

Created by Katie Spillane, McGill law alumna

DISORIENTATION HANDBOOK 2015

I WON’T WAIT IN THE LOBBY: Thoughts on Parenthood in Law School This is an edited version of an article originally published in Contours, a student-run magazine that serves as a space for women’s voices in McGill Law.

y first step as a newly admitted McGill student was to have my student ID made. My baby safely strapped in his stroller, I queued at Service Point to make the great news official: I was now a McGill law student! I was almost through the line when the person supervising the queue politely asked me to leave. I was a little bit puzzled and at a loss for words for a moment. He said, “This area is for students only, parents need to wait in the lobby.” There is a fact seldom mentioned about law students: some of us – actually, a bunch of us – have children. We are taught the merits of shielding our personal lives from our professional personas and many of us believe in the division. So we are parents at home and students at the faculty, and each role is of no consequence to the other. Some of us switch from parent to student during the metro ride to campus; others just have the time it takes for the light to turn green as they cross Peel on their way from the SSMU day-care. Maybe being a parent is just an unfortunate circumstance that compromises a student’s chances of success. Indeed, spending restless nights pondering over remedies for odontogenesis might sound very scholarly, but believe me (or Google), it is not the best way to prepare oneself for the intellectual challenges of legal education. On the other hand, typical student nightlife can be just as restless: hitting the bars on Crescent Street, dancing the night away, arguing with a soon-to-be ex? Maybe even doing all three at once?

There is this idea that law students with children are accomplishing a feat, like we are unsung heroes, doing what so many thought impossible. In fact, “I don’t know how you do it” is the most common statement I hear when I first mention my child. I have even been told on occasion that I was “a hero.” Being a parent and a law student is not heroic. It is, or maybe should be, simply ordinary. If you ask law students who are parents, you might be surprised to hear that they don’t necessarily struggle; some even find that having children while studying is an asset. I don’t mean to minimize the challenges, because there are important difficulties that students with children face, and not all are equal. You might find that experiences differ depending on the student’s gender, living situation, financial means, the age or (dis)ability of their children, or their citizenship status. Dealing with the routine tasks of parenting in the middle of a 48-hour take-home is challenging; it is even more so for a single parent or a family that has just arrived in Canada with no support network. However, the biggest difficulty in being both a law student and a parent is this concept that law students are not parents. This idea is based on a fictional idea of who the typical law student is or should be. Instead of shaping law school around the needs and aspirations of an imaginary student, one who is notably a relic from a past of shameless privilege and discrimination, we should allow law school to reflect the changes in its own student population. Both the staff and students of the faculty should be aware that parenthood exists and belongs on both sides of the classroom

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— in clubs, at coffeehouses, on exchange and even on an internship. We pride ourselves on the relative diversity of our student body, but this also means allowing norms to shift accordingly, or even better, to push for change. Part of that change is recognizing that there are students at our faculty who are or intend to become parents without watering down their ambitions or making heartbreaking compromises. Most parents or parents-to-be within our ranks, while striving for meaningful careers, also want to be involved in raising their kids, and not just to act as providers. These are concerns that directly affect legal education, academia and legal practice. And let’s be honest, students with children might more readily embrace the work/life balance credo, but a lot of students who are not concerned about parenthood also contemplate a kind of life that won’t feed the statistics about alcoholism and depression in the profession. All students would likely benefit from a law school more mindful of parenthood within its ranks. Keeping the issue of parenthood quiet and out of sight reinforces the status quo about gender disparities in our faculty and in the workforce. While the fathers in law school can put their stability and maturity forward to potential employers, it is likely different for mothers. Law school can and should be a space of empowerment, a jumpstart towards resisting such systemic discrimination. I for one won’t be switching from parent to student at the door. At McGill Law, our children are welcome in class, breast-feeding is allowed everywhere, and parents don’t have to “wait in the lobby.” We have the opportunity to change the idea of the typical law student and I am seizing it. Written by Maryam d’Hellencourt, law student at McGill

Resources for parents at McGill - Facebook Group : Law students with children - communauté des étudiant.e.s-parents: https://www.facebook.com/groups/Lawstudentswithchildren/ - The 1st Annual Student Parent Orientation, September 17th 10am – 1:30pm: https://www. mcgill.ca/equity_diversity/students/family-care/1st-annual-student-parent-orientation - PGSS family collection: http://news.library. mcgill.ca/pgss-family-collection-creating-a-welcoming-library-space-for-student-parents-andtheir-children/ - PGSS Study Saturday (an amazing event where volunteers watch your kids while you study in the same building): https://pgss.mcgill.ca/get-involved/events/ - PGSS guidelines for family friendly events: https://pgss.mcgill.ca/document/view/14/ PGSS%20Family-Care%20guidelines%20 on%20how%20to%20make%20events%20Family%20Friendly.pdf - Map of changing tables on campus (new ones at our faculty not yet listed) : https://www.google.com/maps/d/embed?mid=z72c9x9yosfM. kZ-ZylxtbS4M&pli=1 - Breastfeeding room in Thomson house (with a rocking chair and a changing table in the bathroom next door): https://pgss.mcgill.ca/services/family-care/ - Highchairs in the downstairs restaurant at Thomson house - Cultural events for children at McCord Museum, Redpath Museum on Sundays, Bach Before Bedtime (concerts for children and babies) - SSMU Daycare gives priority to undergrads (unlike CPE McGill)

Drawing by Maryam d’Hellencourt 25

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Excerpt From the Joint Statement on the Renewal and Reform of the B.C.L./LL.B. Curriculum at the Faculty of Law This statement was written by The Black Law Students’ Association at McGill (BLSAM), Communauté juridique radicale étudiantE de McGill (RADLAW), and The Women of Colour Collective (WOCC) in response to the McGill Faculty of Law’s Curricular Reform Proposal. To view the whole statement, please see the February 3, 2015 edition of the Quid Novi: http://www.quidnovi.ca/issues/2014-2015/v36no13.pdf

ranssystemic education is the claim to fame of McGill’s curriculum; the successful implementation of a new transsystemic curriculum should not be at the exclusion of the exploration and acknowledgement of systemic legal problems pertaining to race, gender, class, sexuality and disability. Law as truth and as the tool of justice when applied through a lens that ignores race, class and gender, among other intersecting identities, is completely divorced from people’s material and lived reality and is converted into a tool of oppression and repression. McGill’s law faculty has a responsibility to its students and to their future clients to ground them in the realities of the ways communities experience law and the legal system. This will only be achieved upon the introduction of curricula that acknowledge the foundations of law in racist, classist, sexist and colonialist ideology and how that still informs the institutions of law; one that commits to a truly diverse law faculty and student body, reflective of a cross-section of society, and enabling real engagement in the issues affecting the most marginalized in a non-tokenistic manner; and one that values and elevates actions beyond the classroom, actions that aim at transformation and social and economic justice.

In the past several years, memberships of our respective organizations have observed the preponderance of pedagogical approaches that decontextualize and de-emphasize matters where systemic issues of race, gender, class and sexuality are at play. For instance, our first year ExtraContractual Obligations/Torts class discussed the Supreme Court case Augustus v Gosset (1996 3 SCR 268) which deals with a mother’s suit against a police officer who fatally shot her black son in Montreal. However, when this matter was brought up in some of our classes, the role of racial bias and the disproportionate force used against young black people by police officers in North America were removed from the discussion. Other instances of decontextualized cases and materials from their historical, social and political context should be rectified. In Common Law Property, the US Supreme Court case Dred Scott v Sandford is presented without reference to the fact that the Chief Justice of the United States Supreme Court was a slaveholder and that the decision is widely regarded as the worst decision in the history of the United States Supreme Court. The case was also taught without reference to the abundance of racial epithets and racist depictions of African Americans in the judgment. …Our program cannot move towards greater inclusiveness and attention to diversity without hearing from how students, particularly students of colour, are impacted when issues of race are

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brought up in the classroom without a recognition of the presence of racism as one of the predominant structural forces that impacts the membership of the judiciary and plays a role in the outcome of cases. Regarding the integration of Indigenous Property into the curriculum, we have concerns about the method and emphasis that will be given on this portion of the curriculum. Given the lack of a full-time Indigenous Faculty member or a Faculty member whose research concerns Indigenous property in Quebec and the rest of Canada, the support for this curriculum change does not seem to be there…Will this be a tokenistic perspective that does not engage the historical context, the subjugation of Indigenous peoples under colonial regimes of Britain and France, and the ongoing application of the Indian Act, colonial legislation that maintains the power to define ‘Indians’ and ‘non-Indians’? Many students have observed that when any legal issues that engage Indigenous perspectives, or concern reserve/nonreserve relations, terms such as “we” or “us” are used to refer to European settlers/non-Indigenous peoples and terms such “they” or “them” describe Indigenous peoples. These problematic binaries erase the presence of Indigenous students at the faculty as well as people of colour.

should question claims that formal inclusion of women in the legal process has somehow corrected an entire history of male domination. In short, critical understanding involves an institutional commitment to celebrating all perspectives on the law, even inconvenient ones. The Faculty must be committed to include historically marginalized voices and identities, via professors who are equipped to teach the courses and topics we have been advocating. Professors and course lecturers have the onus of proposing courses that reflect these issues and then ensuring their course materials allow for critical engagement with questions of power and social justice. And finally, we as students have a responsibility to engage in our courses and commitments in the Faculty in ways that allow our peers and ourselves to become jurists equipped to be effective in the world we live in. Signed, The Women of Colour Collective (WOCC) McGill Radical Law Student Community (RADLAW) The Black Law Students Association at McGill (BLSAM)

As McGill’s transsystemic program continues to evolve, a genuine embrace of critical forms of understanding of the law, rather than a merely theoretical recognition of “non-state legal orders” is necessary. A truly “critical” understanding of the law is the recognition and realization that the maxims and self-legitimizing ideology in which the law is placed, is a farce. The mere concept of the law - a mechanism that works in the same way for each citizen - must be deconstructed. Rather than merely parroting tired liberal justifications of property, a critical property law course would seek to showcase the widespread inequality that this institution supports. Contract law, as essentially a by-product of capitalism, ought to be examined as a means of domination. Foundations of Canadian Law should lead students to question why jurisprudence is so historically male, and what kinds of damage this has caused. Students Image from École de la Montagne Rouge 27

Image from École de la Montagne Rouge

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WORK AT MCGILL LAW

cGill Law is a place to learn, but it is also a place of work. As you become part of the community, it’s worth taking time to reflect on how ethical the Faculty’s employment practices are. This is a brief article highlighting some problematic areas that might be of interest to students. Unpaid Work If you pay attention, you’ll find unpaid labour throughout the Faculty. The most egregious example of exploiting student labour might be that of Group Assistants (G.A.s) and Tutorial Leaders (T.L.s). G.A.s are essentially teaching assistants: they help professors plan classes, respond to student questions, host or teach class sessions, and sometimes assist with grading. In most McGill faculties, teaching assistants are paid, unionized positions. At McGill Law, however, 2L and 3L students pay McGill (tuition fees) for the privilege of working for free. T.L.s teach legal methodology for 1L students, and similarly pay for credits in exchange for giving their time. You’ll also find unpaid work in the student-run journals (which are widely used by professors to advance their scholarship), in the legal information clinic (which uses unpaid student labour to provide legal services that should be provided by government-funded legal aid), in the legal clinic course (which takes students’ tuition dollars and sends them to work for free, mostly in non-profit settings), and in the Law Students Association (it’s worth noting one of two candidates for L.S.A. president withdrew during the campaign last year, citing an inability to dedicate so many hours to the position without pay). You might find some of these unpaid positions more ethical than others. In any case, being aware of them will help guide your decision-making and understand what opportunities are largely

unavailable to students who cannot afford to work for free. Underpaid Work Research Assistants (R.A.s) at McGill are paid, unionized positions. For many years, R.A. wages remained largely unchanged until the Association of McGill University Research Employees unionized and bargained for a collective agreement in 2013. The minimum wage for R.A.s is currently $12.91/hour for undergraduate students.1 Some professors pay more. Many do not. Many law students are frustrated that we are classified as “undergraduates” despite generally having one or more previous degrees (in addition to work experience). The current collective agreement expires in 2016 and will be renegotiated then. Last year, the L.S.A. called on professors to pay R.A.s at least $16/hour, still below the standard wage for law student R.A.s elsewhere.2 Overpaid Work? A common response to requests for a wage (for unpaid work) or a better wage (for underpaid work) is that McGill – and our Faculty – cannot afford it. It’s worth noting, however, that McGill has the second-largest endowment of any university in Canada (after UofT), and finished the 2014 fiscal year with a 15-million-dollar operating surplus.3 Not everyone at McGill Law is expected to tighten their belts. The median law professor at McGill earns $173,000 (associate professors earn $126,000).4 It’s worth noting as well that Suzanne Fortier, McGill’s Principal, earns $390,000 per year 1 http://www.aerum-amure.ca/agreements-2/ 2 http://www.quidnovi.ca/issues/2014-2015/v36no17.pdf 3 http://www.mcgilldaily.com/2014/10/mcgill-ends-financial-year-with-15-million-surplus/ 4 https://www.mcgill.ca/apo/files/apo/academic_salary_data_tt_and_cas_2014_10_web.pdf

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(plus up to 20% in bonuses),5 more than the Prime Minister of Canada. For reference, only 10% of Canadians earned more than $80,000 in 2014, and only 1% earned more than $191,000.6 Join Us During your time at McGill law, I hope you’ll join a growing community of students working to improve employment conditions at the Faculty. We’re consistently told by the Faculty how valuable and unique we are. It’s time for them to prove it by paying us fair wages for our work. 5 http://publications.mcgill.ca/reporter/2013/09/principal-fortiers-contract-published-online/ 6 http://www.cbc.ca/news/canada/who-are-canada-stop-1-1.1703321

Written by Jacob Schweda, law student at McGill

Five ways to get practical legal experience in your first year of law school

hen I first arrived at law school in 2012 I already had one degree and several years of work experience under my belt. I had come to law school eager to get the practical legal tools and experience I needed in order to go back to my previous work and catalyze even greater change. However, upon entering the Faculty’s doors I was quickly informed that I would be unable to engage in any legal work until sec ond year. I glumly swallowed this information for the first semester and waited it out. But by sec ond semester, I realized that this was a myth, and that if you look hard enough, there are clear op portunities to ‘get your hands dirty’ and engage in practical legal work from the moment you walk in the Faculty’s door.

1. PROJECT GENESIS

Photo courtesy of Lillian Boctor

Project Genesis is a local community legal clinic in Côte-des-Neiges specializing in hous ing law, welfare, pensions, and family allowances. First-year students are MORE than welcome to volunteer. You do not have to volunteer via ProBono

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McGill but can contact and organize it with the Project Genesis (PG) directly. However, you can only receive academic credit for volunteering at PG via the legal clinic course in third year. I have been volunteering here for the past two years and it is an incredible prac tical legal work experience. After completing 30 hours of training, law student volunteers get weekly fourhour shifts at ‘the storefront,’ a walk-in clinic where clients drop in with pressing legal queries. Each volunteer helps provide legal information to individual clients in person. At all times there are two members of the staff to supervise and confirm your actions on each case. From helping a woman who has been threatened with eviction by drafting a letter informing the landlord of the illegality of his actions, to communicating with welfare to establish that a beneficiary has not actually been working the past three months and shouldn’t have a debt to welfare, the work is extremely practical, life-changing and reward ing. Check out http://genese.qc.ca/ or contact 3L student Kate Forrest at forrest.kate@gmail. com.

2. INNOCENCE MCGILL Innocence McGill is a student-run legal clinic dedicated to assisting incarcerated individuals who believe that they have been wrongfully convicted. Through research, investigation and legal work, students make a tangible impact on the lives of many wrongfully convicted individuals. Again, while students only receive academic credit for director positions with Innocence McGill in third year via the legal clinic course, first-years are more than welcome to help out with the practical legal work. The first year positions are competitive so apply early! Students are supervised by a Quebec criminal defence lawyer who guides and mentors stu dents in their work. Students don’t represent the individual or give legal advice, but engage in

research to help the individual’s claim. For more information check out: https://www.mcgill.ca/ innocence/mcgill-innocence-project.

3. PRO-BONO

Pro-Bono McGill helps to organize a large number of volunteer placements with local NGOs and community organizations around Montreal. Organizations include PINAY, Cen tre for Research-Action on Race Relations, Ca nadian Civil Liberties Association, and Head and Hands, among many others. Some of the placements are more ‘legal’ in nature than oth ers. While in some placements a law student may be tasked with creating a brochure in simple language on the law of wills or labour rights, in other placements students may do legal research to help an ongoing court case or assist in drafting legal memos. Research the positions before applying to make sure that the type of work and organization is something that you feel comfortable and passionate doing. More info on Pro-Bono can be found here: https:// www.mcgill.ca/probono/apply-pbsc-mcgill.

4. SOLIDARITY ACROSS BORDERS Solidarity Across Borders is a local com munity organization dedicated to social justice, decolonization and status for all, among other issues. They are known across Montreal as a place where all are welcome and there is support for everyone. One of their critical projects is assistance with H&C applications (Humanitarian and Compassionate Grounds Applications). When an individual or family’s application for refugee status has been rejected and they cannot gain status via other means, an H&C application is often their last bastion of hope to remain in Canada. McGill Law students have been helping SAB out with H&C

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applications over the last year. After being trained in how to complete them (which involves not only paperwork but interviews with the family, teachers, relatives, etc.), students are paired with local families or individuals who need help completing their H&C application. This is an incredible project to tangibly help individuals, while also gaining practical legal experience and exposure to Canada’s immigration system. For more information contact McGill law alumna Lillian Boctor (lillianboctor@gmail.com) or 2L student Deborah Guterman (deborah. guterman@gmail.com), and check out http:// www.solidarityacrossborders.org/en/a-propos.

5. IMMIGRANT WORKERS CENTRE The Immigrant Workers Centre defends the rights of immigrant workers in Montreal and fights for dignity, respect and justice. The Centre is dedicated to protecting the human rights of everyone from newly arrived im migrants to temporary foreign workers and workers without status. One key campaign is the creation of the Temporary Foreign Work ers Association, which aims to help temporary foreign workers to defend their own rights and fight for the right to unionize. The Centre is always looking for law students to conduct legal research on social protection and labour and immigration issues. For more information on volunteering with IWC check out http://iwccti.ca or contact volunteer coordinator Eric at ericshragge@gmail.com. For information on the TFWA, contact Joey at jcalugay@gmail. com. 3L student Renz Grospe would also be happy to answer any questions on IWC or TFWA at renzgrospe@yahoo.ca. I hope that these suggestions will help you to find the practical legal experience that you are looking for!

Written by Martha Chertkow, McGill law alumna

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Photos and Images from Solidarity Across Borders 33

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CHECK TON PRIVILÈGE,

version law school

oici une liste non-exhaustive de privilèges de race, de genre, d’orientation sexuelle, de classe, de cisgenrisme et de validité s’exprimant dans la faculté de droit. Ils illustrent des inégalités persistantes dans notre société, dans notre système éducatif, dans le milieu juridique et à McGill. En prendre conscience est une première étape en vue de remettre en question notre mérite, d’éviter les comportements oppressifs, de soutenir les revendications des groupes historiquement discriminés et de critiquer les mécanismes d’exclusion endossés par la faculté de droit. Cette liste ne doit pas servir à valider notre indifférence ou nos comportements d’exclusion (« je n’ai pas tous les privilèges, donc je ne suis pas responsable »), à susciter une culpabilité stérile (« je suis privilégié-e, donc je suis une horrible personne! ») ou encore à valider une connaissance réductrice des phénomènes de pouvoir et d’exclusion (« j’ai lu cette liste, donc je sais tout »). Elle se veut plutôt une invitation à reconnaitre notre participation individuelle aux systèmes collectifs et systémiques qui maintiennent les inégalités en place et à s’éduquer pour mieux les identifier et les déconstruire. On ne choisit pas de naître privilégié-e, mais on hérite tout de même d’une responsabilité, celle de mettre ses privilèges au service de l’égalité.

Alors, quels sont mes privilèges? Photo protected under Creative Commons Liscence 34

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□□ Je n’ai jamais été le/la seul-e représentant-e de ma race dans un cours □□ Je n’ai pas subi de harcèlement sexuel ou d’agression sexuelle sur le campus de McGill ou lors d’événements de vie étudiante □□ Les activités de vie étudiante, y compris en présence d’alcool, ne me font pas me sentir en danger à cause de mon genre □□ Les manifestations de la culture du viol à la faculté (Skit Night, Quid, cours…) me laissent indifférent □□ Je n’ai pas contracté de prêts étudiants □□ Mes parents paient mes frais de scolarité □□ J’ai participé à un stage non rémunéré □□ J’ai passé ou je passerai une session à l’étranger □□ Si j’obtiens un stage très contingenté, personne ne doutera de mes qualifications et supposera que je l’ai obtenu en raison d’une politique de discrimination positive □□ La majorité de mes professeurs sont de la même ethnie que moi □□ Les bureaux de mes professeurs me sont accessibles □□ Même si mes notes sont moyennes, j’aurai un meilleur salaire que mes camarades d’un autre genre / d’une autre ethnie □□ On ne m’a jamais demandé si j’avais été admis-e à McGill grâce à une politique de discrimination positive □□ Je suis mes cours dans ma première ou deuxième langue □□ Je peux entrer dans la faculté par n’importe quelle entrée □□ Je n’ai jamais été confondu-e par un-e camarade ou un-e professeur-e avec un-e autre étudiant-e simplement parce que nous partageons la même ethnie □□ J’ai les moyens d’acheter neufs les recueils requis pour mes cours □□ Le harcèlement sexuel dans le milieu juridique ne m’inquiète pas □□ Le Barreau n’opère pas de discrimination à mon égard en raison de ma santé mentale

□□ Je peux espérer un environnement de travail sécuritaire et adapté à mes besoins □□ On ne m’a jamais demandé si le métier d’avocat-e était trop demandant pour pouvoir avoir et élever des enfants □□ Les mises en situation des examens que j’ai passés incluaient des personnages de mon genre et de mon orientation sexuelle □□ Les toilettes et casiers non-mixtes ne me posent pas de problème □□ Je connais des auteurs/trices de doctrine qui me ressemblent au niveau de mes identités □□ La majorité des textes juridiques que j’ai lus ont été rédigés par des représentants de mon genre □□ Mes interventions en classe ne sont pas considérées comme illustrant l’opinion d’un groupe dont je fais partie □□ Mes interventions sont plus souvent sollicitées, félicitées, citées et prises comme point de départ d’une discussion par mes professeur-e-s que celles des membres d’un autre genre □□ Je suis rarement interrompu-e lorsque je m’exprime en classe □□ Je n’ai pas eu peur que des préjugés gâchent mes chances d’être admis-e en droit suite aux entrevues des candidat-e-s □□ Je n’ai pas peur que la connaissance de mon identité de genre ou de mon orientation sexuelle réduise mes chances d’être engagé-e par un-e employeur/euse □□ Je reconnais mon genre dans les textes ou propos au masculin « inclusif »

Écrit par Suzanne Zaccour, étudiante en droit à McGill.

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EXCERPT FROM SPEECH AT #BLACKLIVESMATTER COFFEEHOUSE

Hosted by The Black Law Students Association, RADLAW, and The Women of Colour Collective – February 5th, 2015 SAMANTHEA On behalf of the Black Law Students’ Association, McGill’s Radical Law Community, and the Women of Colour Collective, I’d like to thank you all for coming out to this special celebration of black lives and social justice. February marks the official month of the commemoration and remembrance of black history. However, it is important for us to realize that the history of a people who continue to be oppressed cannot be confined to one month of the year. Unfortunately, the sad truth is that this speech is probably the only time that many of us will hear about black history this month. With Valentine’s Day around the corner, our society is more preoccupied with flowers and candy hearts than we are with the harsh realities of a system that continuously marginalizes and oppresses black people. Viola Desmond, Corinne Sparks, Martin Luther King, Malcolm X, Harriet Tubman, Rosa Parks, Frederick Douglass, Mary Ann Shad. Those are our predecessors who fought this fight 36

of freedom so that we could be here today. The list goes on and is so long it could probably fill the pages of my constitutional law book. Rumain Brisbon, Tamir Rice, Akai Gurley, Kajieme Powell, Dante Parker, Michael Brown, John Crawford, Eric Garner, Fredy Villanueva, Sammy Yatim, Jermaine Carby, Yvette Smith, Jordan Baker. I’m going to stop here because unfortunately, this list could also fill the pages of my constitutional law book. These are all names of unarmed people of colour who were killed by police and other law enforcement officials, almost all of them in 2014, and some of them here in Canada. Here at the McGill Faculty of Law, it is our responsibility to speak out on these issues of racial injustice and oppression. When we leave this faculty we will be among the most privileged in society; we will have some of the loudest and most prominent voices to effect change. So I ask you today, what will we use our voices for? And how dare we not use them to speak for those who cannot speak for themselves? This fight for freedom did not end with our forefathers and it should not begin for us when

DISORIENTATION HANDBOOK 2015

we walk out of these doors in 1-3 years with our 2 degrees. It starts now. It starts with you. With me. With every one of us. The fight for justice and freedom for all is our mandate. LILLIAN Thank you all for all being here. As we stand in this Faculty, I would like to acknowledge that McGill was built on stolen Native land and that the founder of this university, James McGill was a slave trader. How many of you knew there was slavery in Canada? And how many of you have heard about the notorious Starlight Tours in Saskatoon? This was a vicious practice where Saskatoon police picked up Native people in the middle of winter and drove them outside the city, leaving them in the bitter cold weather without shoes. Most of the people froze to death, but some have survived, revealing their horrific experiences, like Alexus Young, whose picture is up on the wall. The photos on the atrium wall commemorate victims of police brutality. They are mainly black people and people of colour…but also all kinds of people who are targeted by police because they are poor, sick, or have mental illnesses…targeted because of their gender or sexuality…and a host of other factors that makes them vulnerable to be at the receiving end of a police bullet, a Billy club, a Taser gun, a police car, or fists and boots. At this time, we are going to have a moment of silence to honour all those who have lost their lives to police brutality at the hands of a racially discriminatory system. We are going to take four minutes. This may seem like a long time. Why four minutes? After police officer Darren Wilson killed Michael Brown in Ferguson on August 9, 2014, his body was left for FOUR hours, face down, with blood streaming from his head, under the burning summer sun. Four hours. Imagine one of your loved ones, your

brother, your sister, your mother or father, your partner or your child left in the middle of the street for four hours after they have been killed. *******4 Minutes of Silence******* Thank you so much for taking that time and respecting and honouring victims of police brutality. Why does #BlackLivesMatter here in Canada? It is important as law students that we recognize how institutions of law here in Canada are inherently based on systems of oppression and that we confront these systems and work to transform them. It is important to acknowledge the ways that racism and police brutality exist here in Canada. On the wall of photos, you will see a fact sheet on police violence in the African Canadian community since the early 1900s. This wall is full of heartbreak and loss. Quilem Regsitre, a Black man in Montreal, tasered to death on October 14, 2007. Police shot 300,000 volts of electricity into his body in 53 seconds. Or biochemistry researcher Alain Magloire, yet another Black man and father killed by police in Montreal. Mentally ill and homeless, he had previously been turned away from several hospitals where he sought help. And 25-year-old Anas Bennis, shot by police while he was coming home from mosque in Cotedes-Neiges on December 1, 2005. And 18-year-old Fredy Villanueva, killed in a park in Montreal-Nord on August 8, 2008, while playing dice with his brother and friends. Or Dudley George who was killed by OPP in Ipperwash Provincial Park when acting sergeant Ken Deane opened fire on members of the Stoney Point Ojibway band, peaceably occupying the park in order to assert their claim to ancestral territory stolen by the federal government during WWII.

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And the tragedy lies not only in the murder of these people, but the impunity that police forces enjoy and the shocking lack of charges and convictions of police who have killed unarmed men and women. Canadians often attribute police brutality and racism as a US-specific phenomenon…but we must acknowledge and realize the pervasiveness of racism and police brutality in this country, and not just in our neighbor to the South, and how the very foundations of this country are built on colonialism, land appropriation, racism and slavery, and continue today. In the words of Alicia Garza, one of the cofounders of the #Black Lives Matter movement: “Black Lives Matter is an ideological and political intervention in a world where Black lives are systematically and intentionally targeted for demise. It is an affirmation of Black folks’ contributions to this society, our humanity, and our resilience in the face of deadly oppression…#BlackLivesMatter doesn’t mean your life isn’t important–it means that Black lives, which are seen as without value within White supremacy, are important to your liberation…” Thank you so much for attending this #BlackLivesMatter Coffeehouse.

Photos courtesy of Lillian Boctor

Written by Samanthea Samuels, law student at McGill, and Lillian Boctor, McGill law alumna

DISORIENTATION HANDBOOK 2015

COMMENT FAIRE LES CHOSES:

Trucs et astuces de rad MONEY-WISE Money is nice when you want to organize something rad that needs a little bit of money-o. Here are a few ideas: - LSA: A registered club has to do a budget every semester and the LSA will allow a certain amount of money (depending on the activities planned, number of members, etc.) RadLaw receives a bit of money but other groups also fund some rad conferences/activities/material (Human Rights Working Group, Feminist Collective, Aboriginal Law Students’ Association, Environmental Law McGill, OutLaw, etc.) - Dean’s Discretionary Fund (DDF): Le doyen offre du financement particulier au début des sessions. Il suffit de faire une demande, en groupe ou individuelle. Par le passé, RadLaw a pu assister à des conférences sans trop de frais! - CDO: A good place to go when you’re organizing a little something (especially career related stuff). We did a “Radical Lawyering Panel” in the past! - QPIRG: QPIRG McGill funds action-oriented research that supports their mandate of social justice and environmental activism. They provide several avenues for securing funding and support, enabling a diversity of groups and actors to participate: http://qpirgmcgill.org/resources/funding/ - SSMU: L’externe du SSMU nous a déjà fourni en bâtons, cartons et crayons de couleur pour réaliser des affiches pour des manifs. Des étudiant-e-s ont aussi reçu du financement pour des t-shirts fabriqués en soutien aux employé-e-s de soutien en grève à l’automne 2011.

- Approcher un-e professeur-e: Certain-e-s profs travaillent sur des sujets progressistes et sont ouvert-e-s à donner une conférence ou à fournir des ressources.

COURSEPACKS Ah la folie des coursepacks (recueils) trop chers et trop lourds! Voici quelques astuces: - D’abord, des étudiant-e-s de la fac se sont penché-e-s sur la question du droit d’auteur et du prix des recueils au fameux bookstore de McGill: http://crackthecoursepack.tumblr.com - Demander à des étudiant-e-s des années supérieures. Certains coursepacks sont très similaires d’une année à l’autre (surtout ceux des cours obligatoires). Look on the Notice Board, ask around and pay a lower price. - Buy the coursepack with a bunch of people and make copies. The library might also hold a copy of the coursepack so you won’t have to buy it in the first place. We never told you that. - The library has a lot of books and some are available online (ex. Les obligations par Baudoin et Jobin). The Bibliothèque nationale (banq.qc.ca) has a large selection of law books too (en français pour la plupart). - COOP-UQÀM: for a 25$ fee, you can become a member of Coop-UQÀM (and that’s for life). UQÀM has a law bookstore where you can find/order a bunch of law books.

Written by Dominique Boutin, McGill law alumna

DISORIENTATION HANDBOOK 2015

Radical Reads “Coffee House: Habitus and Performance Among Law Students” by Desmond Manderson and Sarah Turner “For Those Considering Law School” by Dean Spade “Letter to a Student Interested in Social Justice” by William P Quigley “Teaching Local 1330: Reflections on Critical Legal Pedagogy” by Karl Klare “When the First Quail Calls: Multiple Consciousness as Jurisprudential Method” by Mari Matsuda Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed by James Scott “On Some of the Affects of Capitalism” by Bruno Latour Rebellious Lawyering: One Chicano’s Vision of Progressive Law Practice by Gerald López

Adil Charkaoui’s poem in Undoing Border Imperialism by Harsha Walia “Confronting Power: Aboriginal Women and Justice Reform” by Patricia Monture “Safer Sex Work: The Case for Decriminalization” by Robyn Maynard “Alchemical Notes: Reconstructing Ideals from Deconstructed Rights” by Patricia Williams Toward a Feminist Theory of the State by Catharine MacKinnon “The Courtroom and the Street: Notes on Activist Encounters with the Law” by the Upping the Anti Editorial Committee [Along with a response rejecting it: “The Law’s Fundamentally Violent Character” by Irina Ceric] “Decolonizing Together: Moving Beyond a Politics of Solidarity Toward a Practice of Decolonization” by Harsha Walia

Le Capital au XXIe siècle by Thomas Piketty

Red Skin, White Masks: Rejecting the Colonial Politics of Recognition by Glen Sean Coulthard

The Justice of Mercy by Linda Ross Meyer

Perils and Possibilities: Social Activism and the Law by Byron Sheldrick

“Law as Rhetoric, Rhetoric as Law: The Arts of Cultural and Communal Life” by James Boyd White

DISORIENTATION HANDBOOK 2015

Radical Word Search

DISORIENTATION HANDBOOK 2015

WORDS: Accessibility Dialogue Education Intersectional Privilege Solidarity Collective Disorientation Empowerment Multiplicity Queer Sustainability Democracy Diversity Feminism Participatory Tolerance

Image from Ă&#x2030;cole de la Montagne Rouge

Rights

ABOUT RADLAW

Le regroupement Radlaw a été fondé en septembre 2001. Il désire inciter les étudiant-e-s à collaborer avec les organisations montréalaises afin de les encourager à développer des relations égalitaires avec la communauté au lieu de s’impliquer en tant qu’experts. Nous rejetons le discours juridique libéral et nous remettons en question les normes admises par la théorie et la pratique juridiques dans la mesure où elles perpétuent et recréent des structures de domination et de subordination dans la société. Dans le passé, nous avons offert notre appui au personnel de soutien de McGill en grève, nous nous sommes mobilisé-e-s contre la hausse des frais de scolarité du gouvernement Charest et contre la judiciarisation du droit par le gouvernement Harper. We embrace modes of social organization based on direct and participatory democracy that provide the means for self-determination and grassroots empowerment. We organize conferences, film screenings, workshops and activism within the Faculty on migrant justice, labour issues, queer struggles and issues of race and class, among other things. Everyone is welcome to attend our meetings and to get involved in all events. Notre regroupement d’étudiant-e-s est ouvert à tous les étudiant-e-s. Les étudiant-e-s intéressé-e-s à participer au regroupement doivent accepter notre convention d’unité. Joignez-vous à nous et partagez vos idées, participez à nos activités et prenez la rue avec nous de temps en temps.