ORIENTATION HANDBOOK
Introduction 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 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. 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 saught by contacting RADLAW at radlaw.mcgill@gmail.com. Many thanks to Charlotte-Anne, Claire, Cory, garrett, Jared, Jordan, Katie, Kevin, léah, megan, molly, Stephanie, rachel, and rosel for making this handbook possible.
Location, location, location
Did you know that McGill is located on traditional Mohawk land? The island of Montreal is known in Mohawk as “Tiohtiá:ke,” meaning "where the People split or parted ways."1 You can check out the Hochelaga Rock which is just inside (and a bit to the west of) the Roddick Gates and was set up by Parks Canada to commemorate the Iroquois settlement of Hochelaga, which existed on the very land the university now stands on. Today, the closest Mohawk community to McGill is Kahnawake, just across the Mercier Bridge. During the month of May, a few law students get the opportunity to participate in the Aboriginal Field Studies course. These students join with students from other disciplines (including Social Work and Anthropology) and learn about Mohawk knowledge, governance, and traditions, and even spend a week camping in Kahnawake! The Mohawks are one of 10 First Nations groups in present-day Quebec. The other groups are the Abenaki, the Algonquin, the Atikamekw, the Cree, the Malecite, the Mi’kmaq, the Innu, the Naskapi, and the Huron-Wendat. In addition to these 10 First Nations groups are the Inuit of present-day Quebec. By Molly Churchill 1 http://www.mcgill.ca/fph/about-us/aboriginal-history-montreal
Keywords You Won’t Hear in Class: What’s Left Out of Blacks Law Dictionary and Other Definitions for Radical Lawyering A Racist: A racist is one who is both privileged and socialized on the basis of race by a white supremacist (racist) system. The term applies to all regardless of class, gender, religion, culture or sexuality. A Non-Racist: A non-term. The term was created by whites to deny responsibility for systemic racism, to maintain an aura of innocence in the face of racial oppression, and to shift responsibility for that oppression from whites to people of color (called "blaming the victim"). Responsibility for perpetuating and legitimizing a racist system rests both on those who actively maintain it, and on those who refuse to challenge it. Silence is consent. Ableism: The normalization of able-bodied persons resulting in the privilege of "normal ability" and the oppression and exclusion of people with disabilities at many levels in society. Ableism involves both denying access to people with disabilities and exclusive attitudes of able-bodied persons. Accessibility: The state of being open to meaningful participation by all people, in particular people whose participation (in a particular activity or in society at general) 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 (e.g. lack of childcare or a members-only policy) and/or can be placed by society (e.g. housing must be paid for rather than being a right, etc.)] ... 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 (e.g. wheelchair-accessible entrance/facilities that are safe and dignified, Braille/large-print/audio-tape resources, TTY and sign language interpretation). Ageism: The normalization and privilege of people within the preferred age range in a society. This age range defines who is taken seriously, catered to by most goods and services, allowed to have an impact on decisions in the society, and valued as a human being. Results in invisibility of, and discrimination and inaccessibility faced by, people outside that age range. An Anti-Racist:(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. Capitalism: Is an economic system in which products are produced for profit using privately owned capital goods and wage labor. Capitalism is the main economic system in North America, as well as in most other countries. 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... Although many people suffer under capitalism, classism is relative. 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 of the employer, without any job security or long-term commitments. Includes part-time workers, temporary and contract workers, and, in some cases, self-employed workers and independent contractors. Cultural Appropriation: Theft of cultural elements for one’s own use, commodification, or profit — including symbols, art, language, customs, etc. — often without understanding, acknowledgement, or respect for its value in the original culture. Results from the assumption of a dominant (i.e. white) culture’s right to take other cultural elements. Cultural Imperialism:Imposition of a dominant culture on others, rendering other cultures subordinate, invisible or exotic. Results from social and economic power differences and may include language (e.g. English), values, customs, religions, dress, icons, art forms, etc. Developing Country Is one of many terms used to refer to nations of the “South,” primarily former colonies that remain impoverished by a global economy dominated by Northern industrial nations. Other terms include “Third World” and “less developed countries.” There is much debate about the appropriateness of all of these terms. 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 policymaking 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. Free Trade: Is the reduction of regulations and other constraints on businesses to increase international trade. Also known as “trade liberalization.” To liberalize trade is to reduce tariffs and other barriers, so nations can import and export without restraints. Gender (Dragonfly: 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 (Dragonfly): Someone who “queers” gender. Someone who doesn’t identify as either a man or a woman, but a different gender entirely. Someone who identifies as both a man and a woman. Someone 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 and uses this term as a way to show connections between their oppression as a Gay/Lesbian, Bi person with their oppression as a Trans or “gender variant”. Global Economic Restructuring: Refers to a specific set of policies promoted by governments, corporations, financial institutions, and the economic elite to promote a particular model of economic development – that of global capitalism. This model promotes free trade, production for the global market, cuts in social services, deregulation, privatization, etc. Global Economy: The expansion of economies beyond national borders, in particular, the expansion of production by transnational corporations to many countries around the world. The global economy includes the globalization of production, markets, finance, communications, and the labor force. Globalization: Is 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, i.e., globalization of production, or the “global assembly line.” This has given transnational corporations power beyond nation-states, and has weakened any nation’s ability to control corporate practices and flows of capital, set regulations, control balances of trade and exchange rates, 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 (ie. 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 "interracial hostility;" and 3. The acceptance by persons of color of Eurocentric values. Internalized Sexism: Refers to the "internalization" of gender role socialization and sexism. Jail/Court Solidarity (organizingforpower.org/jail-supportsolidarity/): Jail/court solidarity is the name for a variety of tactics we use to take care of each other while we're in the legal system. Jail/court solidarity involves a combination of non-cooperation techniques and collective bargaining. Although jails and courts are designed to make us feel powerless, through solidarity we can gain better control over what happens to us, by making decisions as a group; by acting in unity with each other; and by committing ourselves to safeguard each other's well being. Jail/court solidarity has been used effectively in the civil rights, peace, environmental, and other movements to protect activists who were arrested. Every time there's a choice in the legal process, activists can either cooperate or make things more difficult for the authorities. Solidarity tactics mean that people non-cooperate as a group, unless the authorities agree to their demands. People who've been arrested should demand, for example, that everyone receive the same charges and the same sentence, instead of some people (i.e., leaders or minorities) being singled out for harsher treatment. Law/Legal Collective (en.wikipedia.org/ wiki/Law_collective) A law collective is a non-hierarchical organization which provides legal services to a community or communities in need. Such work ranges from traditional criminal defense, to advocacy, to legal support at large and small protests, to "Know Your
Rights" and other law-related workshops. There were many law collectives in the 1970s. These collectives ran as workerrun, cooperative law firms. They often had revolutionary politics, and supported explicitly revolutionary groups and individuals. Lawyer and non-lawyer employees were paid the same wages, and had equal decision-making power. At some law collectives, workers supporting families were paid more. A handful of law collectives organized along those lines still exist - for example, the People's Law Office in Chicago, Illinois. Since the 1999 Seattle WTO protest, there has been a small movement of activist law collectives. These groups are usually nonlawyer centered, run along anarchist principles (even if they do not explicitly identify as anarchist), and work as part of the movement for social justice. This new generation of law collective works to empower people to provide their own legal support. They give "trainer trainings" so people can give "Know Your Rights" and other workshops to their communities; teach people to provide legal support for their affinity groups or for specific protests; and demystify the law in general and law collective work in particular. Legal Solidarity (www.midnightspecial.net/ files/legalsolidarityhandbook.pdf) Legal solidarity is 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 â €“ 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 anti-corporate globalization movements, among others. Oppressor, Oppressed, Oppression: An oppressor is one who uses her/his power to dominate another, or who refuses to use her/his power to challenge that domination. An oppressed is one who is dominated by an oppressor, and by those who consent with their silence. Oppression is the power and the effects of domination. There are many forms of (often) interlocking oppressions: racism, sexism, classism, heterosexism, antisemitism, ableism, ageism, etc. In a white supremacist, capitalist, male supremacist, and heterosexist system, all non-ruling class whites are in some way oppressed by that system, but are also privileged by it. When we organize against our own oppression, but not against our privilege -- that is, against the oppression of people of color, we become oppressors of people of color. Inaction is complicity. Silence is consent. To cease being oppressors, we must act against oppression. Illegitimate institutionalized power, built and perpetuated throughout the course of history. It Allows certain 'groups' to confer illegitimate dominance over other 'groups', and this dominance is maintained and perpetuated at an institutional level.
People of Colour: A term used to refer to non-white people. It is used instead of the term "minority," which implies inferiority and disenfranchisement. The term emphasizes common experiences of racial discrimination or racism. 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: "Power" is a relational term. It can only be understood as a relationship between human beings in a specific historical, economic and social setting. It must be exercised to be visible. 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. Power Imbalance When certain groups or individuals are privilege to unearned power, which places them in a dominant position in relation to other members of society. It involves power over others, such that certain groups may be accorded a certain amount of illegitimate power, whether particular individuals choose to have that power or not. Prejudice: A prejudice is a pre-judgment in favor of or against a person, a group, an event, an idea, or a thing. An action based on prejudgment is discrimination. A negative prejudgment is often called a stereotype. An action based on a stereotype is called bigotry. What distinguishes this group of terms from all the others is that there is no power relationship necessarily implied or expressed by "prejudice," discrimination," "stereotype" or "bigotry." 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 (Authorship unknown): 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. Queer was first widely used after the Gay Liberation movement of the 1970's, in the radical politics of groups like Queer Action, ACT-UP, Queer Nation and Outrage!
These were most influential in the 1980's and practiced a kind of transgressive, 'in your face' political activism that sought to de-stabilize mainstream norms. 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 colour 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". 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 dominant and women are subordinate (and where men are privileged simply because they are men). Sexism: Perpetuates a system of patriarchy where men hold power and privilege and women are subordinate to men. Silencing: Situations in which people from dominant social groupings dominate discussions or dominate space. Systemic: Refers to systems of power maintained at the structural level of society. Something is referred to as systemic when it is deeply embedded in a given system, such that its presence may be subtle as opposed to explicit. Tokenism: 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 (e.g. "tell us how women experience this issue"). Tokenism is often used as a bandaid solution to help the group improve its image (e.g. "we're not racist, look there's a person of colour on the panel."). 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 and invisibile-izes the experience of persons who do not identify with either category.
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” (sic) to distinguish European colonists from Africans and indigenous peoples. European colonial powers established white as a legal concept after Bacon’s Rebellion in 1676 during which indentured servants of European and African descent had united against the colonial elite. The legal distinction of white separated the servant class on the basis of skin color and continental origin. “The creation of ‘white’ meant giving privileges to some, while denying them to others with the justification of biological and social inferiority. White Privilege: A privilege is a right, favor, advantage, or immunity, specially granted to one individual or group, and withheld from another. White privilege is an historically based, institutionally perpetuated system of: 1. P r e f e r e n t i a l p r e j u d i c e f o r a n d 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. Institutions and culture (economic, legal, military, political, educational, entertainment, familial and religious) privilege peoples from Europe over peoples from the Americas, Africa, Asia and the Arab world. In a white supremacy system, white privilege and racial oppression are two sides of the same coin. White peoples were exempt from slavery, land grab and genocide, the first forms of white privilege." White Supremacy: White supremacy is an 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. This list was originally compiled by an unidentified author for a 2006 Radlaw publication. Unless otherwise indicated, all terms originate from the glossary “Definitions for the Revolution” available at: http:// www.coloursofresistance.org/definitions-forthe-revolution/ This glossary was compiled by Colours of Resistance, a now-defunct grassroots network of people who worked to develop antiracist, multiracial politics in the movement against global capitalism. Many other terms have been taken from a “Gender Glossary” compiled by Qwo-Li Driskell of Dragonfly Press (http://dragonflyrising.wearetheones.info/ GenderGlossaryDragonfly.pdf) Layout and sourcing for this compilation was completed by Katie Spillane.
Spaces of Solidarity À McGill: Mob Squad, QPIRG, CKUT, The Flat (McGill’s Bike Collective), Midnight Kitchen, McGill’s Farmers Market, Sexual Assault Centre for the McGill Students Body (SACOMSS), McGill Daily, Association of McGill University Research Employees, (AMURE), Association of McGill University Support Employees, (AMUSE), AGSEM (McGill’s Teaching Union), Queer McGill, The Union for Gender Empowerment (UGE), and more. À Montreal: CUTV, No One is Illegal, COBP (Collectif Opposé à la Burtalité Policière), Action Santé travesti-e-s et transecuel-le-s du Québec, Cactus Montreal, La Belle Époque (Espace Social Anarchiste), Project Genesis, Ste-Émilie Skillshare, Concordia Co-op Bookstore, Centre 2110, Frigo Vert, Solidarity Across Borders, Action Mouvement Chômage, Fillipino Solidarity Collective, Termite Collective, Regroupement de solidarité avec les Autochtones, Radical Reference, Santropol Roulant, Head and Hands, Action réfugiés Montréal, and more. Dans le millieu juridique: Association des Juristes Progressistes (AJP), Clinique Juridique du Mile-End, Clinique d’Information Juridique de McGill, Law Union of Ontario, National Lawyers Guild (US), and more.
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 Jurisprudence” by Mari Matsuda
Class Action
(or, 1Ls are not ugly ducklings waiting to become swans in suits; and all these sponsored coffee houses will not erase your roots)
Written by M.E. Lee, Current Student at McGill Law
First, call it law school, not the Faculty of Law. Case matters. Second, keep your friends from before; if need be, make new ones outside of l aw. They are your lifeline. Remember: you may not survive law school, but it will certainly survive you. Keep your options open. Realize, early, that private law is about protecting the status quo: that property law establishes it; that contract law ensures expectations based on it are met; and that tort law protects it from any unexpected change. Realize, too, that if you're unhappy with the status quo, private law will not help you. Wonder out loud, in class: why tort law is about causation and fault, rather than about accident compensation and risk protection; why nobody mentions that torts were all but abolished in New Zealand in 1974; why contracts are about the meeting of the minds rather than the equitable allocation of goods; why the Supreme Court's Chaoulli judgement uses the right to life and security of the person to undermine universal health care; why the same court, just a few years earlier, in the Gosselin decision, decided that welfare wel benefits of $170 per month were not a threat to life and security of the person; why property law is about houses, shares and debts, and not about welfare benefits; why protection is sought against government, and not corporate, abuse of power; why, in Homex Realty and Development Co., the guru of judicial review, David Mullan, reprints only the dissenting judges of one of the rare cases where the majority exposes such abuse; why the same people who adamantly argue for free-market competition turn around and, just as adamantly, argue for intellectual property monopolies when it suits their purposes; why the soaring prices of health care are not seen as an IP issue; why some people in Canada are protected by labour codes, while others are only covered by labour standards acts, and others still cannot avail themselves of either; and why so little of all this is talked about by people who are claimed to be the "Future Leaders of Canada."
Become a Future Leader of Canada: make alliances with social justice groups outside of the faculty; bring them in to present their cause; support social movements, and let them support you. Become a Future Leader of Canada: surround yourself with inspiring people; and become one, yourself.
By McGill Alumn Cory Verbauwhede.
By Katie Spillane
How to run your own student-initiated seminar, and what it can (and can’t) do By Rosel Kim In 2013, I had the opportunity to be one of the organizers for a student-initiated seminar on critical race theory. Student-initiated seminars are one of those unique opportunities that the faculty offers, where a group of students can propose, design, and run a course on a topic of their choosing. The topics that students have explored include: Radical Lawyering, “The Art of the Deal,” Truth and Reconciliation Commission, Animal Law, Sexual Assault, Critical Race Theory (now being offered for the third time in 2013-2014), Cyberlaw (2013-2014), and Restorative Justice (2013-2014). If you’d like to organize a student-initiated seminar, this is what you need to do and what you need to keep in mind. Find a group of students who are interested in running the seminar with you. Organizing a student-initiated seminar is a lot of work. Find people who are committed to doing it with you. In my opinion, a group of 3-4 people is best for this, with defined roles for each person, such as: someone in charge of putting together the syllabus and reading list, someone doing publicity for getting the word out and soliciting guest speakers, and someone doing administrative tasks like filling out funding applications and liaising with the IT services. Find a faculty supervisor. Even though this seminar is supposed to be run by students (and it is, for the most part) you still need to find a faculty supervisor. In theory, they will meet with you before the course, during the course, and after the course and act as a resource person for reading lists, marking, and running the course. In reality, their involvement is entirely up to them. You need to start asking early. Professors are busy, and the role of a “supervisor” for a seminar like this does not count as teaching hours which means that when they accept to do it, they do it out of goodwill.
Write a proposal. The Associate Dean (Academic) is in charge of approving the courses. They have made the process of student-initiated seminars more “formal” by calling for proposals – you should be receiving emails from the student affairs office (SAO) sometime at the end of first semester, or the beginning of second semester. Get people to sign up for the course. Tell people about your course. This can be done through the various social media channels (email, list-serv, Facebook groups) and announcements in class. Word of caution: you can only take ONE student-initiated seminar during your time in law school. That one seminar includes the one you organize. Student-initiated seminars are indeed a lot of benefit, but they also offer a series of unique challenges and dilemmas that require frank discussion. I do not pretend to have any answers, but we often say that asking questions and raising issues is a good place to start, so here are my thoughts about them. A student-initiated seminar is an opportunity for students to come and discuss oftmarginalized issues in the faculty. In the critical race theory seminar, I had the opportunity to engage in pretty heavy discussions about race and how people felt about race in general. The absence of an “expert” professor probably did a lot to get some students to open up more so than they might have in other spaces. Student-initiated seminars are a double-edged sword. Even though student-initiated seminars provide a good temporary space for having a open discussion and an opportunity to explore oftmarginalized issues, they are just that temporary. Every year we must rely on the motivation of certain students to carry the initiative forward, or risk losing that space altogether. Case in point: critical race theory is going into its third year of existence as a student-initiated seminar, but the faculty seems reluctant to institute it as an actual course despite this fact. I also had to grapple with the fact that I may have been exacerbating the faculty’s shirking of responsibilities when we chose to take on the work ourselves, rather than asking the faculty for the space that we deserve. So there’s that. Funding is an issue. Everyone, including the organizers, will pay tuition for a 3-credit course to lead your own student-initiated seminar, but you will not see a cent of that money being allocated to the seminar itself. This means that you have the extra work of applying for funding from external places (The Dean’s Discretionary Fund, The Experiential Learning Fund, among others). It’s not an ideal situation; it also makes you wonder how the finances are handled in this university. I have no answers for this, but only the feeling that it is bizarre to have no administrative support to make a course pack when you are supposed to have the autonomy of running your own course. All in all, student-initiated seminars provide an interesting opportunity for students to do something they might otherwise not get to do in law school. And you will certainly learn a lot about the subject you’re delving into, about your peers, and about yourself.
In the words of Current Students
Beyond Pro-Bono: Law & Organizing The
law
faculty
currently
offers
a
variety
of
opportunities
for
law
students
to
get
involved
in
advocacy
work
outside
of
the
faculty,
most
notably
through
projects
such
as
Pro-Bono
McGill
and
legal
clinic
placements.
What
these
programs
typically
offer
students
is
an
opportunity
to
take
the
skills
and
knowledge
that
they
have
acquired
in
law
school
and
apply
them
in
a
nonacademic
setting.
Many
students
who
come
to
law
school
to
pursue
their
commitments
to
social
justice
seek
out
these
opportunities
to
gain
experience
in
the
kinds
of
work
they
want
to
do
after
law
school,
but
perhaps
more
importantly
as
a
source
of
motivation
and
inspiration
to
help
them
get
through
a
law
school
that
is
largely
a devoid
of
radical
analysis.
But,
we
should
think
critically
about
the
model
of
legal
work
that
these
opportunities
provide.
The
majority
of
these
placements
propagate
the
traditional
legal
model
of
superimposing
legal
expertise
as
an
adjunct
to
some
other
project,
be
it
individual
cases,
issue
based
research
projects,
or
broader
social
movements.
ovements. They
propagate
the
model
of
bringing
in
a
legal
expert
to
single
out
and
deal
with
the
‘legal’
aspects
of
a
given
problem. Moreover,
these
approaches,
the
‘pro
bono’
program
in
particular,
propagate
the
volunteerism
model,
or
ethic
of
charity,
which
is
premised
on
accepting
one’s
privilege
and
donating
a
small
amount
of
one’s
(precious)
time
to
help
those
‘less
privileged’—rather
than
challenging
the
structures
that
underlie
social
stratification
as
such.
Law
students
who
are
in,
or
want
to
join,
the
fight
for
social
justice
need
to
participate
in
ways
that
challenge
their
privilege
and
the
systems
of
oppression
on
which
society
is
based.
To
do
this,
law
students
should
take
a
step
beyond
pro
bono,
and
fully
engage
in
grassroots
social
movements
and
community
organizing
initiatives.
The
traditional
placements
offered
by
the
law
school
promote
the
orthodox
hierarchy
whereby
legal
experts
find
themselves
in
a
privileged
and
detached
position.
The
very
idea
that
law
students,
as
such,
can
just
be
sprinkled
around
in
any
number
of
situations
and
be
effective
and
beneficial
(i.e.
‘pro
bono’)
is
premised
on
the
presumption
that
legal
expertise
need
not
be
rooted
in
the
subject
matter
to
which
it
is
applied.
It
promotes
the
image
of
the
lawyer
as
atomistic
super- hero,
and
obviates
the
need
for
meaningful
links
between
lawyers
and
those
they
work
with—and
thus
strengthens
and
entrenches
the
privilege
of
lawyers
and
the
corresponding
disempowerment
of
their
counterparts.
This
professional
hierarchy
must
itself
be
undermined
if
we
hope
to
move
towards
a
more
egalitarian
world.
Just
like
other
members
of
the
community,
when
law
students
participate
fully
in
grassroots
social
justice
organizing,
they
can
and
should
act
as
but
one,
equal,
member
of
a
collective.
Thus,
traditional
lawyer-client
awye relationships
are
rejected,
and
in
their
place
relationships
based
on
solidarity
and
mutual
assistance
can
develop.
The lawyer
thus
neither
isolates
an
individual
case,
nor
do
the
work
while
the
client
waits
passively.
Instead,
she
participates
in
a
collaborative
process
whereby
the
legal
strategy
is
only
one,
supporting,
aspect
of
the
broader
organizing
efforts.
Only
then
can
legal
work
effectively
intersect
with
other
efforts,
as
those
involved
and
most
directly
affected
see
fit.
Thus,
we
must
put
ourselves
in
situations
where
we
unlearn
legal
orthodoxy
and
challenge
the
hierarchy
on
which
the
profession
itself
is
premised.
This
means
engaging
in
social
justice
work
as
a
person
who
happens
to
have
legal
knowledge,
rather
than
as
a
legal
expert,
helicoptered
in
to
solve
the
‘legal’
legal aspects
of
a
particular
social
problem.
This
sub-classification
and
individualization
of
social
problems
serves
only
to
perpetuate
myths
about
the
sustainability
or
inevitability
of
the
status
quo.
By
refusing
to
dig
deeper,
it
cannot
confront
the
structures
underlying
the
social
problems
that
manifest
themselves
in
an
infinite
variety
of
legal
‘cases’. It
is
also
important
to
engage
fully
in
the
social
movements
or
community
organizing
with
which
we
associate
ourselves
because
it
is
only
in
that
way
that
one
can
develop
a
full
understanding of
the
role
that
legal
work
can
and
should
play
in
the
organizing
effort.
The
role
and
nature
of
the
legal
work
to
be
done-
like
all
the
organizing
strategies
–
can
be
formed
by
the
group
as
a
whole,
and
the
experience
of
those
directly
affected
by
the
oppression
the
group
is
fighting
against
can
be
given
primacy.
On
the
other
hand,
perpetually
playing
the
role
of
the
expert-outsider
not
only
deprives
the
legal
worker
of
a
full
understanding
of
the
proper
role
of
her
work,
but
also
deprives
the
collective
of
an
integrated
approach
to
its
goals.
This
means
that
law
students
who
want
to
‘get
involved’
and
put
their
skills
to
practical
use
need
to
join
organizing
efforts
in
their
full
capacity,
and
not
simply
in
their
capacity
as
law
students.
Don’t
mimic
‘lawyers’:
don’t
act
as
a
consultant,
don’t
‘advise’
and
don’t
just
‘provide
legal
information’.
Organize,
debate,
plan,
do
your
share
of
the
menial
work!
It
is
crucial
to
share
the
struggle,
make
it
our
own,
and
to
act
in
solidarity
with
those
we
work
with.
Otherwise,
the
potential
for
legal
work
to
contribute
to
social
movements,
if
it
exists
at
all,
will
not
be
realized.
Law
students
who
are
concerned
about
social
justice
have
to
think
beyond
‘pro
bono’
and
‘clinic’
clinic placements,
and
instead
fully
engage
in
social
movements
on
the
same
level
as
others
organizing
in
such
movements.
Else
they
risk
merely
perpetuating
the
professional
hierarchy
and
individualism
that
indeed
contribute
to
the
oppressions
that
one
should
be
struggling
against. Written
by
McGill
Law
Almuni
Jordan
Topp
and
Jared
Will.
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.