Ultra Vires Volume 25, Issue 3: November 2023

ULTRAVIRES.CA

November 30, 2023

VOL. 25 ISS. 3

Ultra Vires

THE INDEPENDENT STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

CREDIT: RACHAEL GREGORIS

ALSO IN THIS ISSUE

INTERVIEW WITH SARA-MARNI HUBBARD

UTLU’S FIRM CLIMATE IMPACT REPORT

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PAGE 11

RIGHTS REVIEW PAGE 25

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Ultra Vires 84 Queen’s Park Crescent Toronto, ON M5S 2C5

Ultra Vires is the independent student newspaper of the University of Toronto Faculty of Law. We provide a forum for diverse viewpoints on topics of interest to our readers. We aim to foster dialogue on academic and social issues between students, the faculty, and the broader legal community in Toronto, Ontario, and Canada. Our content does not necessarily reflect the views of the Editorial Board. We print six issues per year. Ultra Vires is printed by Master Web Inc. EDITORS-IN-CHIEF Amy Kwong and Alyssa Wong BUSINESS MANAGER Manreet Brar

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UV INDEX

RECRUIT SPECIAL

NEWS

Ultra Vires’ 2024 Recruit Special

12

Students’ Law Society Update

3

Toronto Summer 2024 2L Recruit Numbers

12

Faculty Council Meeting Discusses JD and Graduate Admissions Reports

3

2024 Recruit Demographic Survey Results

14

4

Factors Associated With Hiring in the Toronto Summer 2024 2L Recruit

16

Where Should U of T Go (Academically) From Here?

The Return of the King

4

Success Without the 2L Recruit

18

Osgoode Society Welcomes Law Students With Panel Discussion

5

2L Recruit Confession Booth

19

5

In Their Own Words: 2024 Toronto Recruit Survey Responses

20

Interview With Sara-Marni Hubbard, U of T Law’s New Director, Student Programs Introducing the New Supreme Court Justice, the Honourable Mary Moreau

6

Calgary Summer 2024 2L Recruit Numbers

22

Vancouver Summer 2024 2L Recruit Numbers

23

The SCC Releases Decision in Reference re Impact Assessment Act

6

CLSA Crown and Defence Panel Recap

7

RIGHTS REVIEW

Privacy and Cybersecurity Law Group Host Career Panel

7

Arms as Aid

25

How Canada Can Fight Back Against Foreign Interference

25

Le DNUDPA et la loi 96

27

ASSOCIATE BUSINESS MANAGER Jamie Oneschuk

FEATURES

NEWS EDITORS Nicolas Williams and Abby Sasitharan

Animal Justice Club Hosts Second Annual Vegan Thanksgiving

8

Words of Wisdom From the Craft Beer Club

8

November in Music

9

Movie Review: Five Nights at Freddy’s

9

Did the Competition Bureau Accidentally Kill Wage Transparency?

10

Jury in a Hurry: You Confide, We Decide

11

Reflections on Climate Justice and the Law

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ASSOCIATE NEWS EDITORS Leon Xu and Evan Squire FEATURES EDITORS Erin Lee and Julia Allen ASSOCIATE FEATURES EDITORS Asra Areej and Rachel Chen OPINIONS EDITORS Brianna Rowe and Jacqueline Ovsenek ASSOCIATE OPINIONS EDITORS Albert Cheng and Rosemary Fang DIVERSIONS EDITORS Fievel Lim and Christine Wang ASSOCIATE DIVERSIONS EDITOR Allie Silcoff PUZZLES EDITOR Ronan Mallovy ASSOCIATE PUZZLES EDITOR Mahnoor Noor RECRUIT EDITOR Rebekah Kim EDITOR-AT-LARGE Vivian Li ONLINE EDITOR Michael Chen STAFF WRITERS Taylor Rodrigues, Emily Sarah Hean, Shelby Hohmann, Olivia Schenk, and Mina Alam RECRUIT REPORTERS Sooyeon Park and Ammar Thaver VISUAL COORDINATOR Rachael Gregoris SOCIAL MEDIA COORDINATOR Olivia Bogner LAYOUT EDITOR Alexandra Fox ADVERTISING If you are interested in advertising, please email us at business@ultravires.ca

DIVERSIONS

OPINIONS University of Toronto Law Union Releases Canadian Law Firm Climate Impact Report

LETTER FROM THE EDITORS Dear Readers, It’s here! We’re excited to welcome you to UV’s 2024 recruit special. This year’s recruit was especially chaotic compared to previous years, with the return of in-person interviews and events. Congratulations to everyone who participated! No matter the outcome, you’ve all worked incredibly hard and deserve to look back on that with pride.

In this issue, you’ll find hiring numbers for 2L recruits across the country, commentary on the recruit, and stories from current and past students who have participated in the recruits.

You’ll also find coverage of recent developments at the Supreme Court of Canada, recaps of exciting events put on by our very own student clubs, and a tellall interview with Jackman Hall’s one and only (we hope) bedbug.

We’ll be taking a pause until January to recharge and focus on exams, but there are lots of exciting things for UV in the pipeline! As always, if you want to get involved with UV or just want to say hi, you can reach us at editor@ultravires.ca or @ultravires.ca on Instagram.

We hope you enjoy this month’s issue and wish you the best of luck with finals.

See you in the new year!

Amy Kwong & Alyssa Wong Co-Editors-in-Chief Ultra Vires Vol. 25

ERRORS If you notice any errors, please email us at editor@ultravires.ca.

SUBMISSIONS If you would like to submit a tip, letter, or an article, please email us at editor@ultravires.ca.

Ultra Vires reserves the right to edit submissions.

CREDIT: RACHAEL GREGORIS

Ottawa Summer 2024 Intellectual Property Recruit Numbers 24

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Intra Vires

28

Interview With a Bed Bug

28

Employer Dinner Policy Tier List

29

Ultra Vires Presents: Dancing on Your Day Off!

29

Totally Real Exam Questions (Taylor’s Version)

30

Tort or No Tort?

30

Torts Illustrated: A Fantasy Football Column

30

PUZZLES Spiral Crossword

31

The Ultra Vires Crossword

32

NEWS

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November 30, 2023 | 3

Students’ Law Society Update November edition JUSTIN KIM (3L) Congratulations on mak ing it through another month! A s exams are quick ly approaching, don’t forget to check out the Students’ Law Societ y (SLS) study resources. The SLS would like to prov ide the follow ing updates: Ha l loween On Fr iday, October 27, the SLS hosted a Halloween part y at the law school. We had approx imately 380 students and g uests in attendance. The SLS has received ver y positive feedback from attendees about this year's event. This event could not have been possible w ithout the hard work of the SLS Social and Finance Committee, sober monitors, facilit y managers, event staf f,

and the Facult y. Hosting the Halloween Part y at the law school has been a longstanding tradition, and I’m glad that it was a success!

This year’s Best Halloween Costume award went to Jarren Fefer (2L) as Lord Farquaad. A lthough he wore and won w ith the same costume from last year’s Halloween Part y, the student body cheered him on nonetheless. Only time w ill tell if he w ins it for a third year in a row!

Headspace The SLS worked direct ly w ith Headspace to obtain subscr iptions at an af fordable pr ice for students. Headspace is a popular meditation and mindfulness appli-

cation that of fers tools such as breathing exercises and sleepcasts. The SLS thanks Sara Marni-Hubbard, Director of Student Programs, and Chantelle Brown-Kent, Student Mental Health and Wellness Program Manager, for helping us secure funding, ensur ing that ever y student who expressed interest was able to receive a year-long subscr iption.

2L Recruit Participating in a recruit can be a challeng ing and stressful process. If you are a 2L who participated in the Toronto recruit, we hope that you had time to relax afterwards. We have heard of numerous breaches of the Law Societ y of Ontar io ( LSO)

Procedures. This is upsetting, g iven the per vasiveness of this issue. For several years, students have raised such issues regarding their exper iences at var ious f irms, but the LSO seems unable to adequately address them. The SLS w ill be in contact w ith the Career Development Of f ice in hopes that the LSO arr ives at a solution.

Law x Med Mi xer On Thursday, November 14, the SLS hosted a social w ith the Facult y of Medicine at a brewer y downtown. Approx imately 30 0 students across both faculties attended. This event happened for the f irst time last year, and I hope that it continues to be held ever y year.

Faculty Council Meeting Discusses JD and Graduate Admissions Reports The second Faculty Council meeting of the year featured detailed discussion surrounding the JD Admissions and Graduate Admissions Reports OLIVIA SCHENK (2L) On Wednesday, November 22, Faculty Council met in the solarium of Falconer Hall for its second meeting of the 2023-2024 academic year.

Dean Jutta Brunnée opened the meeting with two important agenda items for discussion: the JD Admissions Report and the Graduate Admissions Report. Dean Brunnée then introduced Sandra Wisner, a new faculty member who joined the Faculty in 2022. Wisner teaches international law and acts as Director for the International Human Rights Program (IHRP).

Dean Brunnée next shared that the IHRP recently hosted an event to announce their relaunch by featuring new focus areas. Despite the poor weather, the turnout for the event was strong, with many program alumni, students, and faculty present. Dean Brunnée also shared that the week earlier, there was a 15th anniversary event for the David Asper Centre for Constitutional Rights (Asper Centre). Many alumni were present at the event as panelists and attendees, some of them sharing how the Asper Centre had impacted their careers. Dean Brunnée finished by announcing that the draft academic plan will be available either in January or February 2024.

The president of the Students’ Law Society (SLS), Justin Kim (3L), spoke next. He shared that the Halloween party on October 27 had 380 law students and guests in attendance. Kim gave thanks to everyone who had been involved in the event. Next, Kim shared that funding had been secured to give students affordable subscriptions to Headspace, a mindfulness app. Kim then talked about students’ perspectives on the 2L recruit, sharing the troubling fact that many students had reported that various firms had once again breached the Law Society of Ontario (LSO)

guidelines. Kim voiced concerns that law firms are not being held accountable, as students are afraid to report violations because of potential career implications. LSO guidelines only work if law firms follow them. Finally, Kim shared that the second annual mixer between students from the Faculties of Law and Medicine was recently held at a brewery downtown.

Graduate Law Student Association (GLSA) president Dimitrios Tsilikis then gave a brief update. On the academic initiative side, Tsilkis stated that the SJD weekly work-in-progress group has continued. This group allows students to present their work to their peers for comment. Based on the group’s success, the new cohort of LLM students plan to start their own work-in-progress group. On the social initiative side, Tsilikis noted that the GLSA is trying to bring graduate students back to in-person social events. GLSA organized a Halloween event this year and is planning a Christmas event. Their ultimate goal for the new year is to host simple weekly events. Tsilikis stated the cohort of LLM students this year appears to be more engaged this year than last year’s cohort.

JD Admissions Report Professor Benjamin Alarie introduced the “JD First Year Class Profile 2019-2023 Report.” He explained that the JD Selection Committee is composed of both students and staff and is tasked with reviewing new applications.

According to the statistics, the admitted class size has stayed reasonably consistent over the years, at about 210 students per year. Application quantities are now in line with pre-pandemic numbers. The demographic mix of applicants has

also stayed fairly consistent year-over-year, with the Black Student Application Process (BSAP) getting around 130 applications yearly. Professor Alarie explained this optional admission stream gives applicants the ability to supplement their materials with an additional essay. Mature and Indigenous students also have similar initiatives available for their applications.

The undergraduate grade point average (GPA) and Law School Admission Test (LSAT) scores of admitted students appear to be slowly increasing.

However, Professor Alarie stressed that these numbers only tell part of the story. The goal of the committee is not to maximize these numbers. Instead, the Faculty aims to foster a community of strong and diverse candidates through a multi-dimensional exercise that is not based solely on GPA or LSAT score. The review process therefore emphasizes a holistic approach to admissions.

Finally, the average age of students appears to be slightly younger this year. Female domination continues to be a trend in undergraduate programs and this trend continues in the JD Program.

Graduate Admissions Report Assistant Dean Emily Orchard discussed the Graduate Admissions Report. The graduate cohort consists of 187 students. The Global Professional Master of Laws (GPLLM) cohort represents 126 students. The Doctor of Juridical Science (SJD) cohort includes 5 incoming and 9 outgoing students, with continuing student numbers hovering around 30. The Master of Laws (LLM) cohort contains around 30 students. The Master of Studies in Law (MSL) cohort accepted no students this year. Assistant Dean Orchard sees this as an opportunity to rebrand the MSL program.

The LLM class is split between coursework and written work. This year, there were 249 LLM applicants, 72 offers, and 25 students who ultimately registered. Assistant Dean Orchard noted that LLM students receive stipends for approximately CAD$12,000 if they are international students or CAD$9,000 if they are domestic. She acknowledged that the cost of living in Toronto is high and that a lack of funding may present a barrier to acceptance.

For the SJD program, there were 114 applications, 8 offers, and 6 students who ultimately accepted. Students appear motivated to accept offers for the SJD program. Assistant Dean Orchard stated this is likely due to an established record of success upon graduation in the program.

For the GPLLM program, 126 students were accepted, which is equivalent to pre-pandemic levels. The Innovation Law and Tech Stream is growing, with the current stream including 23 students. Past years have had as few as nine students. Assistant Dean Orchard stated this shows clear interest and demand for the area.

Dean Brunnée wrapped up the meeting by wishing students and faculty goodwill for the upcoming exams.

The Faculty Council is the governing body of the law school and is responsible for making policy decisions relating to U of T Law, usually on recommendations from special and standing committees. The Faculty Council consists of all fulltime faculty members and elected student representatives from the JD and graduate programs. If you are interested in viewing previous Faculty Council meeting agendas, minutes, reports, and schedules, check out the e.Legal Faculty Council page.

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NEWS

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Where Should U of T Law Go (Academically) From Here?

Academic planning town hall highlights 1Ls, AI, and other law schools SHELBY HOHMANN (2L) On October 26, the Faculty of Law invited law students to an academic planning town hall, where they could provide feedback related to the Faculty’s Academic Plan. Dean Jutta Brunnée facilitated and was largely responsible for answering student questions, with some assistance from Associate Dean Christopher Essert and Assistant Dean Sara Faherty. The meeting was well-attended, especially by 1Ls, and fostered discussion of many important issues relating to the Faculty’s academic future.

At the outset of the meeting, Dean Brunnée introduced the three main components of the Faculty’s Academic Plan: legal education, research and scholarship, and impact. She also outlined the Faculty’s priorities in executing its Plan, which includes retaining top faculty, attracting and supporting excellent students, and providing transformative classroom experiences along with cutting-edge clinical and experiential education.

Dean Brunnée appeared particularly proud of the Faculty’s commitment to

making legal education more accessible through a robust f inancial aid program, noting that this support is now one of the top f ive reasons stated by the incoming JD class for choosing U of T Law. This data point coincides with the Dean’s statement that the Faculty’s main goal over the next f ive years is to continue to attract and support quality students. After introducing the Academic Plan and the Faculty perspective, Dean Brunnée opened the f loor for student questions and concerns, of which there was certainly no shortage.

A signif icant amount of the meeting’s discussion centered around 1L academic issues, such as small group allocation, inconsistencies between professors’ teaching styles, and the potential need for more programming teaching incoming students how to do law school. Attending 1L and upper-year students also voiced anxieties about the rise of artif icial intelligence and whether their legal education will adequately prepare them to utilize these new technologies. Dean Brunnée appeared to be receptive to all of these

points and expressed conf idence that the Faculty’s contextual academic approach ensures graduates will be “ just f ine in the A I world.”

There was also discussion about the Faculty’s academics in comparison to those of other Canadian law schools. For example, one 3L brought up the integrated practice curriculum (IPC) at Toronto Metropolitan University’s Lincoln A lexander School of Law. This program enables graduates to become licensed without articling, as hands-on experiences and assignments are integrated throughout the school’s three-year curriculum.

The student suggested that other schools having an IPC may reduce U of T Law’s competitiveness, and asked whether the Faculty has considered it as an option.

Dean Brunnée responded in the negative but noted that this is an area to think about.

About how the school could better support 1Ls academically, an upper-year transfer student referenced the Universit y of British Columbia’s Peter A. A llard School of Law (A llard), where f irst se-

mester grades in 1L are less of a be-allend-all than at U of T. At A llard, four 1L courses are full-year; for those classes, students take December practice exams and April f inal exams. If a student’s mark on the practice exam is less than their mark on the f inal exam, it does not count; if it is higher, their f inal mark will be comprised of 25% of the December exam mark and 75% of the April exam mark.

Other topics students highlighted included the potential utility of teaching assistants, a lack of French integration, the Legal Process course being moved from 1L to 2L , and the slim pickings for upperyear courses. Overall, the meeting was extremely generative for analyzing the future of the Faculty’s academics and involving students in the Plan development process. Dean Brunnée expressed gratitude to everyone who provided feedback and was sure to emphasize that this event was not the end of the discussion—it was the f irst of a series of consultations that will engage with students, faculty, staf f, and alumni.

The Return of the King The annual SLS Halloween Party forges ahead MINA ALAM (2L) Look not at the barren trees or the twinkling holiday lights. Turn away from the snow on the ground. Take a break, if you will, from reviewing and outlining. Join me in recalling a time when bright leaves littered the streets, when pumpkins f illed shop windows, and when the air was crisp and carried a sense of mild foreboding.

I speak, of course, about the Students’ Law Society’s (SLS) Halloween party.

Witches, cowboys, knights, and zombies lined up to get into the elusive Jackman Law Building, which was utterly transformed by spooky decorations, a dancef loor, a DJ booth, two bars, and heaping bowls of snacks.

Of course, the crowning event of the evening was the annual costume contest.

The competition was stiff, as prizes were generously provided by Terima: a Bevi bottle and yearlong subscription for f irst place, and a free snack box for second.

Though there were some excellent contenders, the crowning victor was ultimately Jarren Fefer’s (2L) Lord Farquaad, with Emily Ernst’s (1L) Marie Antoinette com-

ing in at a close second.

For those of us who attended the 2022 Halloween party, you will recall that Fefer’s Farquaad won f irst place last year as well. Ultra Vires asked Fefer how it felt to win two years in a row.

“I am grateful to have defended my title,” he said.

When asked about his critics who were upset that he had been awarded for the same costume two years in a row, Fefer added cryptically, “My supporters can sleep knowing they will be given the f inest swamps in my f ief.”

One thing was noticeably different about this year’s party—it was a lot darker. That’s because the atrium lights remained off all evening.

SLS VP Social Christopher Kozak (2L) weighed in. “Planning started in the summer and required the help of many people in the Faculty to pull off successfully,” he said. “If you see your SLS reps, please thank them for all their hard work!”

We sure will, Christopher. See you all next year!

IT’S LIGHTS OFF, PARTY TIME IN THE ATRIUM. CREDIT: JUSTIN KIM

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NEWS

November 30, 2023 | 5

Osgoode Society Welcomes Law Students With Panel Discussion First Osgoode Society for Canadian Legal History student event unpacks the Persons case’s legacy JACK STEWART (3L) The Osgoode Society for Canadian Legal History (“Osgoode Society”) hosted a panel discussion on Monday, October 30 with attendees from all three law schools in Toronto. The event was intended to generate interest about the Osgoode Society among future lawyers. Almost 100 students and recent graduates of U of T Law, Osgoode Hall, and Lincoln Alexander School of Law attended the discussion, hosted in space provided by Torys LLP. There, they heard three panellists talk about the famous “Persons Case.” The Persons Case, Edwards v Canada, held that women were persons for the purposes of the Canadian Constitution and were eligible for appointment to the Senate.

The panel event marked the first Osgoode Society event marketed towards current law students, and all attendees received a free student membership to the society, alongside a copy of the Society’s featured book: Lori Chambers and Joan Sangster, eds., Essays in the History of Canadian Law Volume XII: New Essays in Women’s History. The Osgoode Society was founded in 1979 and has published 115 books on legal history in the last 44 years. Membership normally costs $75 a year and grants access to both

the society’s events and a free copy of each year’s highlighted book. Student memberships are available at a discounted rate of $25, and anyone interested can join online to participate in the rest of the year’s events.

The event’s panellists included Justice Robert Sharpe, formerly of the Court of Appeal for Ontario, and Professors Patricia McMahon and Sonia Lawrence, both academics at Osgoode.

Sharpe and McMahon co-authored The Persons Case: The Origins and Legacy of the Fight for Legal Personhood, and, in their discussion, focused on the historical background behind the Persons Case and its subsequent legal implications. Professor Lawrence, who specializes in contemporary legal questions of equality and social justice, focused her comments on the contested role of the Famous Five—early advocates for political equality for white women, but also advocates of racist and discredited eugenic policies.

The panel discussion, which was moderated by Professor Philip Girard of Osgoode, filling in for U of T Law’s own Professor Jim Phillips, split its time between the long-term legacy of the Persons Case

and an attempt to ground the attendees’ understanding of the case in its historical context. Justice Sharpe and Professor McMahon were quick to point out that the case had no bearing on the legal status of women as persons for anything other than their ability to be appointed to the Senate, and explained that the case largely emerged because Emily Murphy, a member of the Famous Five, put pressure on two Prime Ministers, Robert Borden and William Lyon McKenzie King, asking that they appoint her to the Senate. After Borden refused on the grounds that she was ineligible under the Constitution, Murphy lobbied King to submit a reference to the Supreme Court, ultimately leading to Edwards v Canada.

Another interesting comment from the panellists was that, despite the modern prominence of the case and its now famous conception of the Canadian constitution as a “living tree,” the case had limited immediate impact on the law of Canada until the Charter era, when it began to be referenced with greater frequency to justify a changing and flexible constitutional order and the steady expansion of Charter rights. Panellists stressed that while the Per-

sons Case had less significance at the time than we ascribe to it today, it has now had a profound impact on the judiciary’s view of the Constitution, and assessing its legacy involves engaging with both the circumstances in which the reference emerged, and with how it has subsequently been used and interpreted.

After the panel discussion and questions from the audience, the event turned into a short meet-andgreet reception for students, the panellists, members of the Osgoode Society, and associates of Torys LLP. For anyone who missed out on the event, or for attendees looking to hear more from the Osgoode Society, upcoming events can be found on their website and are open to new members. Additionally, the Osgoode Society’s student representatives at U of T Law, myself and Nina Patti (3L), will host school-specific events in the future alongside members of the Osgoode Society, where anyone is welcome to attend!

Editor's note: Jack Stewart is a student representative of the Osgoode Society at U of T Law.

Interview With Sara-Marni Hubbard, U of T Law’s New Director, Student Programs Sara-Marni Hubbard reflects on her 10 years working at U of T and her new role EMILY SARAH HEAN (3L) Ultra Vires (UV): Although many of our students know you, some of the 1Ls may not be as familiar. Could you tell us a little bit about yourself ?

Sara-Marni Hubbard (SMH): I would be delighted to. I have worked at the law school in a few dif ferent roles for about 10 years. I am a co-curricular educational designer. I am also a Doctoral candidate and I am currently about halfway through writing my dissertation, a disability studies history of the Toronto Asylum’s role in immigration and deportation. My research areas are disability history, public health history, and histories of immigration and migration. I grew up in Toronto. I love to run and bike. I like science f iction and big dogs. I try to have fun every day.

UV: What drew you to work in university administration, and specifically, to work here at the Faculty of Law? SMH: I was looking for a new opportunity to do the work that I enjoy, which is designing and delivering educational programs, and I got very lucky to land a job as the f irst Student Programs Coordinator at U of T Law. I will tell anyone who will listen that U of T Law is an awesome place to work. The students are amazingly smart and engaged, the building is f illed with natural light, and the staff and faculty are

wonderful colleagues. I found a work home here at the law school when I started 10 years ago, and I am very grateful.

UV: What is your proudest accomplishment so far in your time at the Faculty?

SMH: I think I’m most proud of building meaningful relationships with student leaders and student groups, especially the equity-seeking student groups. The law school has over 50 student groups, which is a lot for a population of 650 students, and they do amazing work. My goal is to help student leaders in whatever way they need, whether it be with administration and logistics, ideation, or funding.

I’m also very proud of growing the law school’s exchange program. Together with U of T’s Centre for International Experience, I led the law school in doubling the number of exchange host schools available for students by creating partnerships with prominent international law schools. I also grew student participation in the program from sending 18 students in 2011 to 75 in 2018.

UV: In the last few years particularly, students have been calling for more awareness towards accessibility and inclusivity, and specifically for action from school administrators. How do you intend to create a more inclusive and accessible space

at the Faculty in your new role as Director, Student Programs?

SMH: Access and inclusion are something I care deeply about. My PhD is in the department of Social Justice Education, and as a queer staff member and student with a disability, I have both lived and learned experience of barriers to my full inclusion at U of T. In addition to working closely with, and supporting the work of the Assistant Dean of Equity, Diversity, and Inclusion, I see my role as listening to student concerns and feedback and taking action to create safe spaces and to support students from backgrounds that are traditionally underrepresented at U of T Law. I value and am committed to listening to student feedback and working closely with students and being responsive to their feedback where I can. I think that while other staff at the law school and I have a responsibility to do our own learning on issues related to equity, diversity, inclusivity, and access, students are also well situated to give us meaningful feedback about the barriers they are encountering.

UV: In the post-pandemic landscape, what changes do you think will need to be made in order to continue providing effective student programming? Were there any positive changes that came from COVID?

SMH: I think fostering a sense of community and connection will remain crucial in the current landscape. Also, COVID isn’t over, it’s just the new normal, and thinking about what that means for members of our community whose health is impacted by COVID is important.

I have personally found that my experience with hybrid learning, where some of the participants are virtual and some are in-person, has not been good, and so I’m curious to see what future developments in this space look like.

Also, the pandemic underscored the importance of mental health and well-being support for students. I am committed to incorporating more resources, workshops, and initiatives to address mental health concerns and promote overall well-being.

UV: Lastly, if you could say something to every single student at this law school, what would it be?

SMH: Do your best to stay curious, open-minded, and committed to the principles of justice and fairness. The law is a powerful tool for positive change, and your dedication to upholding it can make a meaningful impact. And don't forget to take care of your well-being along the way!

Editor’s Note: Emily Sarah Hean has previously worked with Sara-Marni Hubbard in various roles during her time at U of T Law.

NEWS

6 | November 30, 2023

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Introducing the New Supreme Court Justice, the Honourable Mary Moreau Justin Trudeau announced the appointment of the Honourable Mary Moreau to the Supreme Court of Canada OLIVIA SCHENK (2L) The Honourable Mary T. Moreau is a French-speaking judge who has served as the Chief Justice of the Court of King’s Bench of Alberta since 2017. Moreau’s appointment was announced on Thursday, October 26, 2023.

Her appointment maintains the tradition that two out of nine of the seats on the Supreme Court of Canada (SCC) be filled by judges from Western Canada, and fulfills the commitment

by Prime Minister Justin Trudeau to appoint only bilingual judges to the highest court in the country. Moreau now fills the seat previously occupied by Justice Russell Brown.

Brown resigned from the SCC in June after a claim of misconduct concerning a fight at a resort in the United States. According to CBC News, veteran Jon Crump alleged that Brown

drunkenly engaged him in a fight. CBC News also reported that Brown denied the accusations and instead claimed that he was inexplicably punched in the head by Crump. After Brown’s resignation, the SCC took its annual summer break, and the assumption was that the seat would be filled before the SCC was next in session.

In a process first introduced in 2016, a nonpartisan independent Advisory Board sought to identify suitable candidates. The Advisory Board was tasked with finding three to five qualified and functionally bilingual judges from Western and Northern Canada. Controversially, the board was only able to come up with two candidates who met all the mandatory criteria before ultimately selecting Moreau.

Moreau was born in Edmonton, Alberta. She received her Bachelor of Laws from the University of Alberta in 1979 while participating in a common law and civil law exchange program at the Université de Sherbrooke. She was called to the Alberta Bar in 1980. As a lawyer, Moreau practiced criminal, constitutional, and civil law.

She became notorious for litigating cases on minority language rights and cases concerning the Canadian Charter of Rights and Freedoms. Between 1994 and 2017, she has been appointed as a judge on the Court of King’s Bench of Alberta, deputy judge on the Supreme Court of Yukon, deputy justice on the Supreme Court of the Northwest Territories, and Chief Justice of the Court of King’s Bench Alberta. She has also been granted an honourary Doctorate from the

University of Alberta and received a Lifetime Achievement Award from Women in Law Leadership.

The appointment of Justice Moreau marks the first time in Canadian history that the majority of SCC justices are women. Trudeau has made several historically significant SCC appointments during his time as Prime Minister, including the appointment of the first Indigenous Supreme Court Justice, the Honourable Michelle O’Bonsawin, and the first racialized minority Supreme Court Justice, the Honourable Mahmud Jamal. These historic appointments by Justin Trudeau echo the actions of his father Pierre Trudeau, who appointed the first woman to the Supreme Court in 1982, the Honourable Bertha Wilson.

The SCC Releases Decision in Reference re Impact Assessment Act

Majority finds feds overreached authority in trying to enact strong environmental assessment regime SHELBY HOHMANN (2L) On Friday, October 13, the Supreme Court of Canada (SCC) released the Reference re Impact Assessment Act, a decision which may prove to have serious consequences for the environment.

The court, with Karakatsanis and Jamal JJ. dissenting in part, held that Parliament’s 2019 Impact Assessment Act (“IAA”) is unconstitutional in part.

Author’s Note: although the material challenged is not contained solely within the IAA, IAA is used as an umbrella term throughout this article to include the IAA and additional Regulations.

Background A four-year review of the federal environmental impact assessment scheme culminated in the 2019 enactment of the Impact Assessment Act. As Chief Justice Wagner explains at the outset of his decision, the IAA “is essentially two schemes in one.” Part one concerns federal projects, while part two concerns designated projects, which are defined in the IAA as “one or more physical activities that (a) are carried out in Canada or on federal lands; and (b) are designated by regulations made under paragraph 109(b) or designated in an order made by the Minister under subsection 9(1).” The “Project List” made pursuant to s. 109(b) sets out the designated physical activities covered by the scheme, such as pipelines and canals. Being that part one—the federal aspect—of the IAA is plainly intra vires, the constitutionality of IAA’s regulation of designated projects was the primary issue in this appeal.

The Lieutenant Governor in Council of Alberta initially referred the question of the IAA’s constitutionality to the Alberta Court of Appeal (ABCA), and a majority of the court first deemed the legislative scheme unconstitutional

in May 2022.

The Decision Chief Justice Wagner first addressed characterization of the IAA. He cautioned against characterizing the legislative scheme in a manner that predetermines its classification and ultimately found the pith and substance of the designated projects section of the scheme to be “to assess and regulate designated projects with a view to mitigating or preventing their potential adverse environmental, health, social and economic impacts.” Moving to classification, Chief Justice Wagner emphasized that, per Canadian Western Bank v Alberta, laws are classified based on their dominant characteristic, not secondary effects. The environment is not a head of power contained in the Constitution and, in turn, no level of government has exclusive jurisdiction over environmental assessment.

Nevertheless, the Chief Justice found IAA’s regulation of designated projects to be ultra vires for two main reasons. First, the designated projects scheme’s decision-making functions are not actually confined to regulating federal effects. Under the scheme, decision-makers can consider a number of factors, but there is no guidance on how they are to be used in actually drawing a conclusion. According to Chief Justice Wagner, this provides decision-makers “practically untrammelled power to regulate projects qua projects, regardless of whether Parliament has jurisdiction to regulate a given physical activity in its entirety.”

Second, the term “effects within federal jurisdiction,” which drives each decision-making juncture, is itself overbroad and does not come under s. 91 of the Constitution. S. 7 of the IAA also contains prohibitions on certain conduct beyond the scope of Parliament’s authority. For

example, one of the prohibited activities is doing anything in the course of a designated project that could result in “any change occurring in Canada to the health, social or economic conditions of the Indigenous peoples of Canada.”

The decision diverges from the ABCA’s in ultimately concluding that the federal projects component of the IAA (ss. 81 to 91), which is clearly intra vires Parliament and constitutionally valid, can be severed from the unconstitutional designated projects portion.

The Dissent Justices Karakatsanis and Jamal joined together for a strong dissent, finding the IAA constitutional. They emphasized the court’s past federalism jurisprudence, which has held legislation is presumptively constitutional, and the fact that legislation is not unconstitutional “simply because it could conceivably be misused.”

The dissent characterized the pith and substance of the designated projects scheme under the IAA more narrowly than the majority: they found that the act establishes “an environmental assessment process to (1) assess the effects of physical activities or major projects on federal lands, Indigenous peoples, fisheries, migratory birds, and lands, air, or waters outside Canada or in provinces other than where a project is located, and (2) determine whether to impose restrictions on the project to safeguard against adverse federal effects, unless allowing those effects is in the public interest.”

In terms of classification, the dissent outlined how adverse federal effects anchor decisionmaking under the IAA, making the majority's concerns misguided. The designation process embodies the precautionary principle and en-

gages in appropriate information gathering to assess projects’ potential federal effects, while the discretionary screening decision is anchored in potential adverse federal effects.

Justices Karakatsanis and Jamal agree that the actual environmental assessments are not strictly limited to federal effects, but find this is necessary for federal authorities to make an informed decision about the project. They also reject the majority’s criticism of the public interest determination process as conflicting with guidance from Friends of the Oldman River Society v Canada, where the SCC held that federal environmental assessment can involve an integrated decision-making process that weighs federal and non-federal harms of a designated project with potential benefits.

The dissent ultimately finds the term “effects within federal jurisdiction” constitutional because each of the effects defined under s. 2 properly falls under an area of Parliament’s jurisdiction. Again, they emphasize that speculative concerns about potential misuse of the IAA to stretch federal authority should not be the basis for a finding of invalidity.

Where do we go from here?

Regardless of whether one agrees or disagrees with the majority’s decision in this case, the declaration of the designated projects section of the IAA’s invalidity will undoubtedly have significant consequences. It obviously remains to be seen what the provinces will do with the increased environmental leeway this decision grants, but it feels safe to say that this decision is not a positive development for environmental protection.

Editor’s Note: Visit ultravires.ca for a full-length version of this article.

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November 30, 2023 | 7

CLSA Crown and Defence Panel Recap The Criminal Law Students’ Association welcomes its first panellists of the year ELLA STOYAN (1L) On November 13, 2023, the Criminal Law Students’ Association (CLSA) welcomed four attorneys to the annual Crown and Defence Panel to discuss their unique experiences working in criminal law.

Students had the opportunity to learn about prosecution and defence work and received future career advice.

The first panellist, Marie Comiskey, spent over a decade as Crown Counsel with the Department of Justice, prosecuting drug trafficking and tax evasion offences. Now, Comiskey works as Senior Counsel with the Public Prosecution Service of Canada. Nicos Fassler (JD ‘02) became a Deputy Crown Attorney in 2015 and is currently involved in student hiring. Cat Mercer (JD ‘18) worked as a caseworker for Downtown Legal Services in her time at U of T Law and joined Legal Aid Ontario in 2022, where she now works as a Duty Counsel lawyer at the Toronto courthouse. Finally, Jill D. Makepeace is a partner at Greenspan Humphrey Weinstein LLP and represents individuals charged with criminal offences, ranging from drug cases to sexual offences. Makepeace’s practice has recently gravitated towards defending doctors, often charged with sexual assault or OHIP fraud.

The 90-minute panel discussion allowed students to engage with the attorneys who provided insights into their lines of work. Students heard about the rewards and drawbacks of working in criminal law, which put into perspective the impact

criminal lawyers have on society. As Comiskey noted, the reason she fell in love with criminal law was because of the vital issues at play. The job of a criminal lawyer is critical and high-stakes. Dealing with individual liberties and potentially restricting autonomy means every decision matters.

The panel discussion opened with the attorneys reflecting on their journeys in criminal law. Many of the students at the panel could relate to Makepeace’s journey to becoming a defence attorney.

She initially grappled with the decision to pursue defence or prosecution, as she could see herself in either role. Before school, she believed she would become a prosecutor. Throughout law school, however, she became more open to the idea of defence.

The opportunities Makepeace experienced along the way, such as clerking in Yellowknife, solidified her desire to become a defence attorney. Makepeace’s journey highlights the impact of practical experience on one’s career path.

Fassler provided insight into the prosecution side of criminal law. He discussed how he began his career in the Crown office and then experienced the other side of criminal law, working in defence as a sole practitioner. Seven months in, Fassler realized this role was not the right fit, and he returned to Crown work. Despite this switch, Fassler discussed how working in defence has made him a much better Crown attorney. His career path shows just how expansive the criminal law is, and that there is a

diverse array of experiences in the field.

Noteworthy was Comiskey’s contribution on the importance of having a growth mentality. Becoming a lawyer does not have to be the final destination. Comiskey, for example, continued her education throughout her time as a lawyer, working on a Doctoral degree and studying jury instruction. Two years ago, the Chief Prosecutor sought recruitment for a part-time prosecutor in the Canadian military.

Comiskey got the job and spent 12 weekends partaking in basic military training. Now, on top of being Crown Counsel, Comiskey knows how to don a gas mask and operate an assault rifle! The opportunities in law are endless, but it is important to actively seek them out.

The attorneys discussed the kind of work a junior lawyer can be expected to do at their offices. The work ranges from traditional junior roles where junior lawyers collaborate with senior lawyers, to solo work where junior lawyers build trial practices, which can have a steep learning curve. Interestingly, Mercer noted that the duty counsel office does not take experience level into account. Each junior lawyer will do a rotation where they spend one week at bail court and one week at the downtown courthouse.

The legal landscape is ever-changing. As technology advances, attorneys in criminal law face new challenges. The panellists touched upon the biggest issues they are seeing at work. Prominent is

the changing nature of disclosure. Media has increased the volume of disclosure. The institution of body-worn cameras for police officers means Crown attorneys are tasked with combing through pages of information and hours of raw footage.

Fassler emphasized that it is an untapped area for technology to assist in analyzing these files.

The final question directed at the panel asked what advice the attorneys would give to aspiring lawyers entering criminal law. Mercer eagerly urged students to remember the importance of work-life balance. There is an emotional component to criminal law, and lawyers are regularly confronted with tough decisions that may take a toll on their mental health. Mercer directed students to the Members Assistance Program, which gives counselling to lawyers. Remembering to take care of yourself in a job that is dedicated to helping others is crucial.

The panel wrapped up with an important piece of advice: the fact that we are living in Toronto is, in itself, an opportunity. Students should not be afraid to ask questions and network. Shadowing lawyers and going down to courthouses to watch proceedings are strategies for success. Having an “eager-tolearn” mentality is what will set you apart in criminal law.

Editor’s Note: Ella Stoyan is a 1L Representative for the CLSA.

Privacy and Cybersecurity Law Group Host Career Panel Guests spoke to law students about career paths in privacy and cybersecurity law SARAH ZAITLIN (1L) On October 19, the Privacy and Cybersecurity Law Group (PCLG) welcomed Kate Robertson, David Goodis, Tina Saban, and Monica Cop to speak to U of T Law students on the diverse range of careers in privacy and cybersecurity law.

Kate Robertson is a lawyer and senior research associate at the Citizen Lab at the Munk School of Global Affairs and Public Policy. Robertson highlighted the need for privacy lawyers to mediate the relationship between government powers and individual privacy rights, drawing on her experience in policy reform and litigating privacy rights before the Supreme Court of Canada, as well as her experience as a criminal lawyer.

David Goodis spoke to how privacy law has evolved in recent years and highlighted the imminent need for more young privacy lawyers in the face of impending major legislative reforms. Goodis drew upon his extensive career in privacy law, from his work at Ontario’s Information and Privacy Commissioner to his current position as a partner at INQ Law, which specializes in access to information and privacy.

Tina Saban shared insights from her privacy and cybersecurity career in Osler’s Privacy and Data Management Group. Saban spoke to the unique features of incident response as a fast-paced, exciting practice area that requires balancing competing interests and navigating legal obligations between those building innovative technologies and those interpreting the law.

Monica Cop is a Senior Advisor/Manager in the Business Advisory Directorate at the Off ice of the Privacy Commissioner of Canada (OPC). Cop described her role as advising other directorates on policies, promoting compliance with privacy regulations in communities, and advising private actors on ways to better their compliance practices.

The speakers shared insights on how to build a career in privacy law. Each speaker highlighted that there is no single path to success in the f ield, but rather a myriad of different opportunities available within privacy and cybersecurity law. Robertson shared that she was lucky to chart her career course based on issues she felt passionate about, and she encouraged stu-

dents to lean into their interests. Goodis highlighted numerous certif ications and higher-learning opportunities that students may take advantage of to set themselves apart and learn more about the f ield, including the Osgoode Certif icate in Privacy and Cybersecurity Law and the Ontario Bar Association Privacy Law Summit. Saban emphasized the importance of mentorship and f inding a place early in your career surrounded by people you are excited to learn from. Cop reassured students that a technical background is not necessarily required to break into the f ield, and students should take advantage of opportunities whenever possible.

The speakers discussed challenges facing privacy law in coming years and the major developments in the f ield. Cop and Goodis highlighted the changes expected to come with the enactment of Bill C-27, which those in the legal f ield anticipate will bring signif icant reforms to consumer privacy protection, personal information and data protection standards, and artif icial intelligence and data use. Robertson noted a philosophical conf lict: traditionally, Canada has organized privacy law

into public and private sectors, but she sees a convergence between those spaces, and by regulating each independently, there is a risk of losing control of privacyimpacting dynamics. Saban noted that threat actors in the f ield constantly innovate and identif ied several challenges in addressing those innovations.

The speakers also commented on the movement identifying privacy as a human right. Goodis shared interesting jurisprudence already aff irming the importance of privacy. Robertson shared the different ways privacy as a human right may be perceived in consumer spaces versus the right to be free from unreasonable search and seizure.

“We are so incredibly grateful to all our speakers for giving their time to U of T law students,” said Christian D’Ambrosi, a 1L executive with the PCLG who moderated the panel. “Thank you to our speakers for their time, their enthusiasm to share their insights, and the valuable guidance they provided.”

Editor’s Note: Sarah Zaitlin is a 1L Representative for the PCLG.

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Animal Justice Club Hosts Second Annual Vegan Thanksgiving This year’s Vegan Thanksgiving returned bigger and better EMILY SARAH HEAN (3L) AND OLIVIA SCHENK (2L) T here a re ma ny rea sons why i nd iv idua l s may wa nt to reduce t hei r consu mpt ion of a n i ma l product s. Com mon rea sons for cha ng i ng one’s d iet i nclude nut r it iona l rea sons or et h ica l pu r poses, such a s pro test i ng ag a i nst eat i ng a n i ma l product s or reduc i ng pol lut ion. However, a major ba r r ier to reduc i ng a n i ma l product consu mpt ion i s t he per va sive bel ief t hat vega n cook i ng i s bla nd a nd less appet i zi ng t ha n om n ivorous d iet s. A s such, for t h i s yea r’s T ha n k sg iv i ng, t he A n i ma l Just ice C lub set out to show t hat veg a n cook i ng ca n be just a s del ic ious a s om n ivorous food!

A l l t he cook ing occur red ent irely in Oliv ia Schen k’s (2L , Vice-President) k itchen, an a l l- day endeavour on t he Sat urday before t he event. Fateh Hayer (2L , Representat ive) worked ver y hard on t he Home Depot bucket fu l l of mashed potatoes.

L isa Scholt z (1L , Representat ive) masterfu l ly cooked t he acor n squash and ex per tly for med and prepared t he tofurkey dough. Em i ly Sarah Hean (3L , President)

was responsible for t he mout hwater ing cupca kes and prov ided fr idge and freezer space for stor ing t he huge quant it ies of food unt i l t he event day. Schen k prov ided t he cook ing space, gat hered ing red ients, and curated t he recipes. Ever yone worked ver y hard and lear ned lots of new cook ing sk i l ls!

This year’s event marked some major milestones for the club. The turnout was triple compared to the previous year. A lso, this year marked an attempt to make the event as inclusive as possible, as the food was completely free for students! The menu consisted of mashed potatoes, maple brown sugar squash, tofurkey, bread, grav y, and vanilla vegan cupcakes—all completely homemade.

The event was a great representation of the club’s growth; the club was resurrected by Hean last year. Stay tuned on Facebook for future club events next semester! If you would like to join the club’s event mailing list or be actively involved in future club events, please send us an email at ajstudents6@gmail.com.

STUDENTS LINED UP FOR DELICIOUS VEGAN FOOD. CREDIT: LISA SCHOLTZ

Words of Wisdom From the Craft Beer Club An interview with club members provides insight into beer, friendship, and life ABBEY BUTLER (3L) It was a crisp autumn evening on Friday, November 17, when the Craft Beer Club hosted their final event of the semester. The venue—Craft Beer Market—was a throwback to the club’s inaugural event hosted in September 2022. Since then, the club has brought together craft beer amateurs and experts alike, from 1L to 3L and beyond, to let the good times roll.

Unfortunately, not all law students attend Craft Beer Club events, so I conducted some interviews to bring the club spirit to the people. I went on a deep dive into the minds of some craft beer aficionados, hoping to uncover some of their wisdom. Read on to hear from Alex Nyikos (2L), Jeremy Jingwei (3L), and Esteban Herpin (3L) on beer, friendship, and life.

Interviews have been lightly edited for clarity.

Abbey Butler (AB): What made you come out to Craft Beer Club this evening?

Alex Nyikos (AN): Well, I like beer and hanging out with people, and it’s a great opportunity to hang out with people and drink beer. I don’t know.

Jeremy Jingwei ( JJ): I decline to answer.

Esteban Herpin (EH): Well, you know, I come for the vibes and the leadership is great—very friendly, creates a good atmosphere, and really brings a lot of people out.

AB: What sparked your interest in craft beer?

AN: I mean, my main interest in the Craft Beer Club is just an opportunity to spend time with classmates who I don’t see that much because they’re in other years, and community is super important and stuff, and it’s just really nice to talk to people. Also craft beer is delicious, especially when it’s made by monks, so you can’t really complain.

JJ: I love hanging out with my friends.

EH: Well, I like beer. Sometimes I have too many beers. And I like beer a lot. Ever since undergrad, I’ve liked beer.

taste to it, but it’s not overwhelmingly sweet. What would I pair with it? That’s a good question… You know, probably something greasy. I think you need to have something greasy with a lot of beer. Also curry, it’s a natural beer food, and it works with all of them. But like, I don’t know, a good sharp aged cheddar—like four years minimum.

JJ: Kronenbourg Blanc. And it’s not craft beer, but I like it. It’s for the people. It’s…refreshing, you know, like, you’d want it with something that’s a little heavier. Maybe a Sunday roast, you know, or shepherd’s pie. Bangers and mash. It’s Sunday morning.

EH: I think my favourite beer is a West Coast IPA, and I would pair it with some sliders.

AB: If you were a beer, what kind would you be and why?

AB: What is the best thing to do while drinking beer?

AN: I think I would be a very heavy Trappist beer, which is dark, a little bitter, with a sweet aftertaste.

JJ: I’d be a Kronenbourg Blanc because it’s my favourite beer.

EH: I think I’d be a hazy IPA just because I can be a bit bitter sometimes, but I’ve got pretty good hops (like I jump high), and it’s my favourite beer.

AN: Talk to people about drinking beer.

JJ: Hanging out with friends. Nothing better. (Abbey: Aww.) You know, hanging out with friends without drinking is great too, but also, with drinking, it’s awesome.

EH: Hanging out with friends.

AB: What is your favourite beer, and what would you pair it with?

AN: My favourite beer is probably the Rochefort 12, which is a Trappist beer. It has a very chocolatey

AB: Who is your favourite person in the Craft Beer Club?

AN: Abbey, obviously. Also, Andrew Parker.

JJ: That’s a good question. Probably myself. I’m kidding, I’m kidding, I’m kidding. I’m not egotistical, I promise. Um, it’s Alex Foulger-Fort. (Alex Nyikos: You

got my hopes up for a second there, man, what the hell?) I’m sorry, Alex.

EH: I really like Jeremy. He always brings it. And he’ll keep the party going until late into the night.

AB: For Alex and Jeremy: How has being a Craft Beer Club co-president changed your life?

AN: Well, I didn’t think it was supposed to change my life, but it has encouraged me to spend a lot of time with my elders in 3L, so that’s a good thing, I think. I am very happy to have met people I would not have met otherwise through the Craft Beer Club.

That is an unambiguously good thing for which I’m immensely grateful.

JJ: You know, it’s changed my life completely.

Now, instead of drinking alone, I can drink with friends. (Kidding.) (Alex: Jeremy, that sounds like progress.)

AB: What is one piece of advice you would give to U of T Law students generally?

AN: Don’t overdrink, but if you’re going to do it, come to the Craft Beer Club where we can give you good beer recommendations, and you’re not just drinking vodka soda or whatever you animals do.

JJ: Enjoy the good times while they last. You’ve only got three years. Enjoy them. Have fun with your friends.

EH: Come to Craft Beer Club.

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November in Music An overview of the latest and greatest news in music EMILY SARAH HEAN (3L) November was a busy month for music lovers, especially for those in the GTA. Many artists performed in and around Toronto, and many record stores participated in Record Store Day, Canada’s Black Friday releases, and other Black Friday fun.

On the first of the month, Sia released her Christmas EP Gimme Christmas, featuring six tracks and totalling just over 18 minutes long. That same day, the Beaches played the first of their two Toronto shows at Massey Hall.

Several artists released albums on November 3, including Jason Aldean’s 11th studio album, Highway Desperado. Also released that day was The Show: The Encore by Niall Horan, the deluxe edition of The Show.

Kesha hit the stage on November 6 at History in Toronto. Opening for her was performer Jake Wesley Rogers, who gave an electric perfor-

mance with showstopping vocals. Kesha’s performance was just as magnetic, with its dynamic choreography and a lineup of old Kesha classics and new favourites.

The next day, GAYLE released hello this is the setlist for my tour. This compilation album contains 18 tracks—many from her first four EPs—and is 50 minutes long.

On November 9, Taylor Swift released yet another single—an exclusive digital track for US fans only. The track, “‘Slut!’ Acoustic,” is an acoustic rendition of the first of the five 1989 (Taylor’s Version) vault tracks, featuring just the guitar and Taylor’s voice, which a fan on X (formerly Twitter) described as having been “recorded in heaven.”

Taylor took the stage that same day, launching the South American leg of the tour in Buenos Aires, Argentina. Her show the next day had to be moved to the 12th due to lightning, leaving

some fans scrambling to extend hotel stays and switch flights.

Aside from bad weather and disappointed Swifties, the 10th also saw the 2024 Grammy nominations announcement for the 66th annual Grammy Awards, which will be in February 2024. The nominees were not unexpected; however, one name was notably missing—Morgan Wallen, despite dominating the country charts, still has not received a single Grammy nomination, with many speculating that it is due to a video of him using a racial slur that resurfaced in 2021.

The following weekend, Dolly Parton released her long-awaited Rockstar, a 30-track album featuring 21 covers of rock anthems and nine original tracks. Features on the album include Joan Jett & the Blackhearts, Miley Cyrus, Sting, Steven Tyler, and Chris Stapleton, among many others.

Sabrina Carpenter’s Christmas EP, Fruitcake, also came out on the 17th. The record opens with “A Nonsense Christmas,” a holiday remix of the singer’s famous song “Nonsense.” Following that are four original tracks, then finally a unique twist on Irving Berlin’s “White Christmas.”

That week, Toronto saw performances by Akon (November 15th), The 1975 (November 18th), and Tool (November 20th). Jon Pardi’s concert in Oshawa on November 17th also deserves an honourable mention.

To wrap up the month, Friday the 24th was Black Friday, also known to music lovers as RSD Black Friday. This year, there were exclusive pressings of records by Olivia Rodrigo, Noah Kahan, Motley Crue, Joni Mitchell, Post Malone, and more. Local record stores Dead Dog Records on Bloor and Sonic Boom participated, and Kops Records had their Annual Taylor Swift Celebration sale.

Movie Review: Five Nights at Freddy’s Did the film do the franchise justice? Maybe CHRISTINE WANG (3L JD/MBA) Spoiler-Free Overview As the Faculty of Law’s self-proclaimed Five Nights at Freddy’s (FNA F ) connoisseur, it was, of course, my solemn duty to watch and review the highly anticipated FNA F movie—a f ilm based on the video game series of the same name—on behalf of the student body. Having played every game in the franchise since its f irst release in 2014 (yes, even Help Wanted and Security Breach), I was beyond excited when I found out that a movie was f inally going to be made about the FNA F universe. Rumours about a potential movie being in the works have been f loating around for years now, but I had my reservations as to whether it would actually happen. But it did! And after watching the movie, I can honestly say that I enjoyed the experience, even if it didn’t fully live up to my expectations.

The movie follows the protagonist Mike Schmidt ( Josh Hutcherson), a down-onhis-luck young man who was recently f ired from his position as a mall security guard.

Still recovering from the disappearance of his younger brother, Garrett Schmidt, Mike is now desperately trying to retain custody over his younger sister, Abby Schmidt, by proving to his aunt that he can hold down a job and take care of his sister’s needs. This is what led him to his position at Freddy Fazbear’s Pizzeria as their new night guard. During the f irst few nights, however, Mike uncovers f ive further disappearances of children—all of whom were linked to the pizzeria—and begins to realize that the murderous animatronics that plague his nightly shifts may somehow be related to these cases.

The f ilm clearly excelled in some major aspects: it was obvious that this movie was intended to be a love letter to the FNAF franchise and the fandom that has sup-

ported its success over the years. It was rife with easter eggs, cameos, and character reveals that mirrored some of the most pivotal moments of the games. The casting was also very well done, and it was fantastic to see Josh Hutcherson in another signif icant role after so long. This movie was even more impressive when I learned that there was actually very little CGI used; most of the set and the massive animal animatronics were actually fully built out and looked incredibly well-made on the screen. Ever since production wrapped, these animatronics have been on display at Universal Studios Hollywood for visitors to see!

With that said though, the overall story fell f lat and felt a little slow. It seemed like this movie was primarily made for existing fans of the franchise and not for newcomers. To me, the only thing that really stood out were those easter egg and cameo moments. There was no real intricacy to the plotline itself: it’s a straightforward kidnapping/murder mystery with a very predictable antagonist reveal. The custody battle between Mike and his aunt in particular felt entirely unnecessary (and this certainly wasn’t in the games), and it seemed like this entire plot point was inserted simply to be a vehicle for a couple of lukewarm jokes. In doing so, the f ilm seemed to oddly teeter between being a gory slasher f ilm and a family-friendly comedy. The overall pacing also felt disjointed, veering between either having nothing happen for 20 minutes at a time, or having everything happen all at once.

While I think anyone will still f ind the movie to be decently entertaining, I can see how a newcomer to the franchise will not be able to get nearly as much enjoyment out of it as someone who is already familiar with the fandom would. Overall

though, I’d still say that it’s worth a watch, if you’re at all curious about it!

Review (with spoilers); or, Christine’s gripes with the FNAF lore While the movie stayed fairly faithful to the idea of the franchise, it was clear that the movie had changed several integral points of the franchise’s lore. It’s likely that this was done to make the story much more simplif ied and self-contained, especially considering there are now 8 main games that all build upon the FNA F world. A lthough these changes made the f ilm more digestible for an audience unfamiliar with FNA F, they confused me at times.

To start, our protagonist is Mike Schmidt—a name and character that carries signif icant lore within the franchise.

Based on the paycheque given at the end of the f irst Five Nights at Freddy’s game, we learn that Mike Schmidt is the name of the player character. And with the information revealed in the following few games, Mike Schmidt is considered by the FNA F community to be an alias assumed

by Michael Afton—William Afton’s eldest son. So you can perhaps imagine my eyebrow raising when I saw that we were also following a character named Mike Schmidt in the movie, but one that is now entirely disconnected from William Afton. In fact, William Afton was revealed to have been Mike Schmidt’s career counsellor, for some strange reason. Is this intended to ref lect a formal change to the FNA F universe? Or does this run parallel to the story of the games? If it’s intended to be a separate story, doesn’t the change of Mike and William’s relationship to something as basic as a counsellor and his client seem to just make the story…less interesting?

A second big change to the FNAF universe was the early introduction of the character Vanessa. Here, one of the biggest reveals of the movie is that Vanessa, the police off icer who befriends Mike and Abby, is actually William Afton’s daughter. Vanny, as those who’ve played Five Nights at Freddy’s: Security Breach know her, is not William Afton’s daughter (as far as we know). She was an employee f irst introduced in Five Nights at Freddy’s: Help Wanted who became possessed by Glitchtrap, the digital manifestation of William Afton after his death (don’t ask, it’s complicated), and then became one of his subordinates in Security Breach. This change is even more odd given the fandom’s fairly-certain conclusion that William only had three children, all of whom are named, and none of whom are Vanessa. This change essentially merged two games at two very different points in time together, and for (seemingly) no real reason. William Afton’s reveal in the f ilm could have been just as impactful if Vanessa wasn’t introduced, and Mike had to come to terms with the fact that his father was the one who killed Garrett all those years ago.

Also, there were rumours that Markiplier, the King of Five Nights at Freddy’s, was supposed to be featured in the movie. He was not, unfortunately. However, it certainly was a lovely surprise to see MatPat from The Game Theorists make a cameo and to hear him say his iconic “it’s just a theory” line on the big screen. This cameo, and the choice to use the “Five Nights at Freddy’s 1 Song” by The Living Tombstone as the ending credits were the best choices that the producers could have made in a movie about FNAF. Overall conclusion? While I probably wouldn’t watch it again, I’d certainly be happy to see a sequel!

10 | November 30, 2023

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Did the Competition Bureau Accidentally Kill Wage Transparency?

Employers take down wage information in response to Competition Act amendments TAYLOR RODRIGUES (3L) How much are you going to earn during your 2L summer and early legal career? Now, it’s a lot harder to know because the Competition Bureau’s broad interpretation of wage-fixing has spooked employers.

Until this summer, many legal employers used to publish the wages they paid to 1Ls, 2Ls, articling students and 1st year associates on nalpcanada.com or their website.

On June 23, 2023, s. 45(1.1) of the Competition Act came into force, prohibiting unaffiliated employers from entering into or enforcing wagefixing or non-solicitation agreements. Wage-fixing agreements are agreements to fix, maintain, decrease, or control wages, salaries, or terms and conditions of employment. Non-solicitation agreements are agreements not to solicit or hire each other’s employees.

Before June 23, 2023, the Competition Bureau could review wage-fixing and non-solicitation agreements under s. 90.1 of the Competition Act. Under this civil subsection, the Competition Bureau can order employers not to enforce wagefixing or non-solicitation agreements if it can prove on a balance of probabilities that the agreement will substantially, or is likely to, lessen competition.

Subsection 45(1.1) makes wage-fixing agreements per se illegal–there is no requirement for prosecutors to prove that the agreements had any effect on competition. It is a criminal law subsection requiring proof beyond a reasonable doubt and carries a penalty of up to 14 years imprisonment, a fine determined by the court or both.

The Competition Bureau’s Enforcement Guidance on wage-fixing and no poaching agreements and Enforcement Guidelines on wage-fixing and no-poaching agreements do not consider mere conscious parallelism to be a violation of s. 45 of the Competition Act. Conscious parallelism is “when a business acts independently with awareness of the likely response of its competitors or in response to the conduct of its competitors.”

However, the Enforcement Guidance and Enforcement Guidelines have spooked some employers into taking down information on employee wages that they used to publish on their websites and in job postings. The March 27, 2023 Enforcement Guidance states that “parallel conduct coupled with facilitating practices, such as sharing sensitive employment information or taking steps to monitor each other’s employment practices, may be sufficient to prove that [a wagefixing or no-poaching] agreement was concluded.”

The Competition Bureau softened their language in their May 30, 2023 Enforcement Guidelines: “Information sharing does not ordinarily raise concerns under the Act because parties usually want to maintain their commercial and competitive advantage. However, in certain circumstances, information sharing may give rise to an inference that an agreement exists between the parties under s. 45(1.1) or be reviewable under Part VIII of the Act.” Nevertheless, some employers are worried that they might be charged or found guilty of wage-fixing merely for paying the same wages as some of their competitors and publishing employee wage information. Two sources at two national full-service law firms, who wish to remain anonymous, told Ultra Vires (UV) that their firms had ceased publishing employee wage information in response to s. 45(1.1) of the Competition Act coming into force.

Nikia Gray, Executive Director of NALP (the National Association of Law Placement) told

UV: NALP removed the compensation information from the Canadian Directory of Legal Employers in response to the recent amendments to the Canadian Competition Act, which went into effect this past June and contain new provisions related to the sharing of competitively sensitive information and wage-fixing. After reviewing the amendments and the related guidance published by the Competition Bureau, NALP determined that it was in the best interest of our members for us to remove all compensation information from the Canadian Directory.

Given that the maximum punishment for violating s. 45(1.1) is 14 years imprisonment and what is essentially an unlimited fine, it’s understandable that employers are erring on the side of caution. On June 23, 2023, all fines for offences under the conspiracy provision (s. 45) of the Competition Act were also changed from a maximum of $25 million to a fine at the discretion of the court. Parliament signalled to judges that they think fines greater than $25 million may sometimes be warranted for conspiracies to fix prices or wages.

Wage-fixing can be an uncompetitive practice and harm workers, but the Competition Bureau’s broad interpretation of the offence in s.

45(1.1) appears to be causing unintended anticompetitive effects and has a questionable legal foundation.

In a blog post, Goodmans LLP implies that the Competition Bureau’s interpretation of s.

45(1.1) is too broad: […] [T]he guidelines warn the Bureau may attempt to treat parallel conduct paired with other facilitating practices (e.g., exchanging information about each other’s employment practices) as a violation. The guidelines suggest that merely “taking steps to monitor” other employers’ practices could be a facilitating practice, but there is no modern history of Canadian courts accepting that mere monitoring of a rival constitutes an agreement.

The Canadian Bar Association submission on the Enforcement Guidance says: The [Competition Bureau’s] suggestion that monitoring is improper or may circumstantially establish an illegal agreement is unwarranted. Monitoring—or gathering information about conditions prevailing in the market—is an essential aspect of the competitive process. Prospective employers and employees alike need to understand wages or other terms of employment prevailing in markets to inform their decisions. There is nothing inherently suspect of unilateral efforts taken to monitor a market.

In 2016, the US Department of Justice announced that they interpreted wage-fixing and non-solicitation agreements to be criminally prohibited by US antitrust law and that they would start to investigate and prosecute these agreements. The US Department of Justice’s Antitrust Guidance For Human Resources Professionals cautions that “sharing information with competitors about terms and conditions of employment can also run afoul of the antitrust laws.” However, it notes that not all information exchanges are illegal and an information exchange may be lawful, for example, if a neutral third party manages the exchange.

The NALP website continues to publish wage information for US legal employers despite the US Department of Justice enforcing a prohibition on wage-fixing agreements since 2016.

Similarly sized legal employers in each geographic region of North America tend to pay similar wages. This does not mean that there is a wage-fixing agreement in place. Competitive forces can also cause wages or prices to converge.

In an October 13, 2023 comment to UV, the

Competition Bureau implied that they do not think their broad interpretation of s. 45(1.1) is causing decreased wage transparency, since “companies choosing to publicly disclose wages, even if they are similar to other companies within the same marketplace, would not, in itself, constitute an offence under the Competition Act.” However, the comment also reiterated that “parallel conduct coupled with a practice of sharing sensitive employment information or taking steps to monitor each other’s employment practices, may be sufficient to prove that [a wage-fixing] agreement was concluded.”

Nikia Gray stated that “We are continuing to monitor guidance published by the Competition Bureau and will re-evaluate whether we can include compensation information in the Canadian Directory as we learn more about how these amendments will be interpreted.”

For the sake of competition and the benefit of jobseekers, the Competition Bureau should clarify how employers can publish wage information without the risk of violating the Competition Act. They should not stifle the trend towards increased wage transparency. For example, British

Columbia’s Pay Transparency Act has required employers in British Columbia to include the expected pay range in all public job postings since November 1, 2023. On November 14, 2023, Bill 149 was introduced in the Ontario Legislature which would impose the same requirement for Ontario.

In the interest of promoting competition and wage transparency, this article includes tables outlining various legal wage grids.

Historically, in Toronto, most—but not all— large law firms paid salaries for summer students, articling students and associates on the same grid. This salary grid is sometimes referred to as “the market rate” or the “large firm grid”: see Table 1.

The Government of Ontario and many of its affiliated employers also pay on their own grid: see Table 2.

The Department of Justice Toronto office follows a grid in the Law Practitioner (LP) collective agreement: see Table 3. The rest of the Department of Justice offices follow a different grid in the LP collective agreement.

FEATURES

ultravires.ca

Jury in a Hurry: You Confide, We Decide You asked, we answered: new advice column coming 2024 JURY IN A HURRY We are “Jury in a Hurry,” a new monthly general advice column for the law school community.

Dealing with a tough grade, a tough case, or a tough date? We are here to help.

Submit your questions anonymously, and each month, we will provide our wisdom to guide you through all the anxieties life and law school have to offer.

You may be asking yourself, “How are these people qualified to give advice?”

Simply put, we’re not. But just like an ordinary jury, we will try our best with learned knowledge gained through our life experiences.

We deliver our verdicts with wisdom, not wigs. Submit your questions and let our experienced “jurors” guide you through the twists and turns of life and law school. Your anonymity is our priority—everyone deserves fair counsel without the courtroom drama.

Editors’ Note: Submissions for Jury in a Hurry will open in January 2024, so keep an eye out on the Virtual Community on Facebook for a chance to submit your questions!

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November 30, 2023 | 11

Reflections on Climate Justice and the Law Insights on the legal support for climate action within Canada CARSON COOK (2L), HANNAH WEST (3L), AND EVA BOGHOSIAN (2L) As members of the 2023-2024 Environmental Rights Student Working Group at the David Asper Centre for Constitutional Rights, eleven first-year students at the University of Toronto Faculty of Law have been researching various legal doctrines, legislation, and case law related to how environmental rights are conceived in Canada, how they can be used/acted upon, and how they might be improved. Their research has covered environmental constitutional litigation like Mathur v Ontario; how Indigenous rights and knowledge interact with environment law; and, legal doctrines from other jurisdictions that provide environmental protection. The outcome of this research will be a guidebook that informs community organizers and activists of the state of environmental rights within Canada.

To take part in the Global Day of Action for Climate Justice, we asked these students to reflect on their research and the potential for climate action within Canada. A common theme, and perhaps a surprising one, was positivity surrounding Canada’s ability to pursue climate action within its legal framework. Though the students identified various issues of implementation, they appreciated finding processes within the Canadian legal system that can support environmental protection and climate action. Students also valued their research as it provided them with an opportunity to learn about other jurisdictions and the processes used internationally that could be adopted within Canada. Though, in addition to issues of implementation, the students noted the legal system only moves in small steps. However, the students noted they felt more empowered to think about furthering climate action with their new knowledge of these environmental legal frameworks.

Another recurring insight from the students was how important education for the general public is for meaningful climate action – highly relevant to the Environmental Rights Working Group’s goal of creating a guidebook for lay-people to

understand their legal rights with respect to the environment.

As law students and future lawyers, we are in positions of privilege to have the tools and training to research complicated theories and frameworks that greatly affect how climate action is pursued, and we therefore have a duty to help educate those around us. Importantly, the students noted, this education should not simply be providing information, but conducted in a way that empowers people—to build their skills, knowledge, and confidence so that they can work and learn in the environmental space to further change.

Such education builds power for all of us to push for change, as legal professionals or otherwise. This was the final theme from our reflection session with the student researchers—the importance of an analysis of power when working for climate justice. While legal processes can be and have been created to further environmental protection, those processes can be subverted when there is a power imbalance between adversarial parties. While law affects social values, social values also affect the law. The collective power of a community asking for change or participating in decision-making processes is key for climate action to occur. This is not to pin the causes of climate change on individuals, but it is to recognize the agency and power we each hold, and that builds when we work together to tackle otherwise insurmountable problems. The Environmental Rights Working Group has been one small way in which we, as law students, are building power within ourselves, amongst each other, and within our Toronto community.

Editor’s Note: Carson Cook, Eva Boghosian, and Hannah West are the David Asper Centre for Constitutional Rights Environmental Rights Working Group leaders this year. This article has been reprinted from the David Asper Centre for Constitutional Rights’ blog with permission.

OPINIONS

November 30, 2023 | 11

University of Toronto Law Union Releases Canadian Law Firm Climate Impact Report The complicity of five major Canadian law firms in the climate crisis is examined ahead of Toronto Recruit Call Day HANNAH WEST (3L) AND ELIZABETH COLLINS (2L, UNIVERSITY OF VICTORIA) Students at the University of Toronto Faculty of Law have released a report detailing major Canadian law firms’ complicity in the worsening climate crisis. The Canadian Law Firm Climate Impact Report (the “Report”), published by the University of Toronto Law Union (UTLU), focuses on work conducted by Torys LLP, Fasken, McCarthy Tétrault LLP, Miller Thomson LLP, and Osler, Hoskin & Harcourt LLP. With the support of Greenpeace and Law Students for Climate Accountability, the report attempts to shed light on the ways these firms enable the energy industry and its exploitation of Indigenous communities and the planet’s natural resources.

The results of the Report are stark—collectively, the five firms reported over $500 billion in fossil fuel transactions, an exorbitant amount considering that only a small fraction of the legal community is represented in the Report.

The top firm, McCarthy Tétrault LLP, facilitated $174 billion in fossil fuel transactions, while Torys LLP facilitated the highest amount of renewable energy transactions, totalling $45.1 billion from 2008-2023. The report outlines a clear discrepancy between transactions in the fossil fuel sector versus the renewable energy sector.

The Report also highlights the firms' facilitation of resource extraction by criminalizing Indigenous resistance. For example, Fasken successfully obtained injunctions for Coastal GasLink which ordered the Unist’ot’en Camp, established to prevent unauthorized access to the clan’s land, be dismantled. The land defenders faced three raids by heavily armed police, and 19 people are currently facing criminal contempt charges for defying these injunctions.

The report is the first attempt to bring Canadian law firms' work with the energy industry

into the public eye. The Report builds on previous climate change report cards evaluating American and UK law firms, completed by Law Students for Climate Accountability. This report adds to a growing global movement of law students looking to hold firms accountable for their complicity in the climate crisis.

The report is also a call to action that calls on all law firms to stop working for fossil fuel clients and for climate-conscious companies to refuse representation from firms that represent fossil fuel corporations. However, the report recognizes that real power comes from below. The report calls on students and lawyers to critically consider their employment decisions and collectivize because, together, we have the capacity to stall extractive systems, confront those responsible for the destruction of our planet, and fight for a climate-just future.

To read the full report scan the QR code.

RECRUIT SPECIAL

12 | November 30, 2023

ultravires.ca

Ultra Vires’ 2024 Recruit Special Death, taxes, and the annual recruit AMY KWONG (3L) AND ALYSSA WONG (3L) In this Recruit Special, you’ll f ind 2024 2L recruit numbers for Toronto, Calgary, and Vancouver, as well as numbers for the 1L Ottawa intellectual property recruit.

Like last year’s special, this edition also includes more detailed information from 2L U of T students who participated in the Toronto recruit, including demographic details and their own comments on the process.

We recognize that U V’s annual recruit special reinforces the idea that the recruit is the most important event for law students, or that it is the only way to f ind gainful employment after law school. The data can be overwhelming, and it can make things seem more serious than they actually are. But year after year, our data also shows that students who do not f ind jobs in the recruit go on to f ind incredible positions that align with their passions and interests. Those positions are wide-ranging,

including academia, in-house, government, boutique f irms, public interest organizations, legal clinics, and more.

In this edition, we included stories of what previous students have done if they did not secure employment through the traditional recruit. We hope you can feel inspired by these real, amazing people who went on to do great things. For some levity, we have an article on students’ recruit blunders to show that this process can be a laughing matter. We also recommend reading Peeha Luthra’s (2L) article “Why I Did Not Participate in the 2L Recruit” from the October issue for another perspective; similar pieces have been published in previous years’ Recruit Specials.

We owe a huge thank you to our Volume 25 team for all of their work making this issue a reality. In particular, thank you to our Recruit Editor, Rebekah Kim (3L), and our Recruit Reporters, Sooyeon

Park (2L) and Ammar Thaver (2L), for their tireless work creating this feature.

We would also like to thank our Visual Coordinator, Rachael Gregoris (3L), for her incredible work on the recruit graphics and art. Thank you to all the employers who responded to our requests and, in doing so, contributed to the accuracy of this special and the transparency of the overall recruit process.

Finally, thank you to all the students who have shared their stories and experiences with us. We know the recruit is a dif f icult process with unique pressures and expectations, and we appreciate you taking the time to share your deeply personal experiences. As much as it gets said, it bears repeating that the recruit is not indicative in any way of your skills, your humanity, or your worth. It is merely a tiny moment in the journey of life, and we are so proud of you.

Mental Health Resources: • Supporting a student in distress: s t udent l i fe.ut or ont o.c a /s er v ic e/ faculty-support-for-responding-todistressed-students/ • U of T MySSP is available 24 hours a day, 7 days a week via telephone, video, or chat in multiple languages Students can contact: • The Health and Wellness Centre ( M–F, 9am to 4:30pm): 416 -978 8030, or visit the Student Mental Health Portal online • CA MH 24/7 Psychiatric Emergency Department: 1051 Queen St. W, or call 416 -535-8501 • Talk Suicide Canada helpline: 1-833-456 -4566 • See also: ontario.cmha.ca/documents/are-you-in-crisis/ or camh. ca/en/suicide-prevention/get-help

Toronto Summer 2024 2L Recruit Numbers Osgoode overtakes U of T in positions secured REBEKAH KIM (3L), SOOYEON PARK (2L), AND AMMAR THAVER (2L) This year, Ultra Vires reached out to 71 employers who participated in the of f icial Toronto Summer 2024 2L Recruit, a slight increase compared to the 66 in the previous year.

For the f irst time in recent years, Osgoode Hall Law School had the highest number of students employed with 83 students. U of T came in second with 74 students securing positions. Despite this shift, U of T continued to be the school that had the highest proportion of its class hired, with approximately 35.2% of U of T’s 2L class ending up with a summer position through this year’s recruit.

Most of the large full service Bay Street f irms did not signif icantly change the size of their summer classes, with the notable exceptions being A ird & Berlis and Blake, Cassels & Graydon LLP (Blakes) who each hired an additional four students (12 and 36 in 2023, 16 and 40 in 2024, respectively), and Fasken Martineau DuMoulin LLP (Fasken) and Borden Ladner Gervais LLP (BLG) who each hired f ive and seven fewer students, respectively (Fasken hired 21 in 2023, 16 in 2024; BLG hired 28 in 2023, 21 in 2024).

Among the f irms that responded to our

survey, Blakes hired the highest number of students (40). Second place was shared

by Bennett Jones LLP, Cassels Brock & Blackwell LLP, and Stikeman Elliott LLP, each hiring 23 students. Blakes hired the highest number of U of T students (13).

Similar to last year, U V asked for the number of applications each employer received, as well as the number of on-campus interviews (OCIs) and in-f irm interviews each employer conducted. While this data can be used to provide meaningful insights, it can also be misconstrued in ways that can elevate anxiety.

We have outlined some of the limitations of this data and variables not accounted for in the table, to avoid misleading conclusions: 1.

2.

It is common for employers to of fer more OCIs and in-f irms relative to f inal of fers because employers are aware that students interview with many prospective employers.

Firms also tend to interview more candidates than positions available in anticipation that some students will decline their of fers.

3.

4.

5.

The number of students interviewed varies by law school. The table includes the total number of OCI and in-f irm interviews conducted for the entire recruit process. While the total number of OCIs a f irm conducts may give the impression of high competition, a student’s chance of converting their application to an OCI is also dependent on the number of students a f irm decides to interview at their particular school. For example, OCIs run for two days at U of T and Osgoode Hall Law School, as opposed to other schools. The variance in the number of OCIs conducted at each school may impact the chances of students proceeding into the in-f irm stage as well.

Some of the OCI and in-f irm numbers in the table are approximations (as indicated by the symbol “~”).

Just because a f irm did not hire anyone from a given school does not mean that the f irm did not extend an of fer to students from that

school. Students who received offers may have declined that f irm’s of fer over another of fer.

Notes: 1. At the time of publication, there was a 60.6% response rate from the f irms.

2. The net total number of students hired in the recruit was 339 (the total number of hires minus the returning 1Ls).

3. In calculating the percentage of 2Ls hired per school, we used the approximate class sizes of Ontario law schools from the Ontario Law School Application Service. We acknowledge there may be variations of this data provided by the Law School Admission Council, which was used for out-of-Ontario schools.

Editor’s Note: At the time of publication, some major employers who participated in the survey in past years had not yet provided their data, which may skew comparative results. We will update our online spreadsheet at ultravires. ca to ref lect any further information provided from employers after the time of publication.

November 30, 2023 | 13

RECRUIT SPECIAL ultravires.ca

Employer

Applications and Interviews

1

Ottawa

-

Windsor

-

McGill

-

Dalhousie

1 - NCA

Other

Offers

1

-

1 - NCA (Osgoode LLM)

Western

-

-

1

1

1- New Brunswick, 1 - NCA

Queen's

1

-

-

1

2

TMU

1

1

1

2

1

JD/MBA

Osgoode

1

-

5

2

1

JD

1

1

2

3

1

JD/MBA

1

1

U of T

5

4

4

-

-

JD

-

5

10

-

1

Returning

-

-

2

16

-

6

-

TOTAL -

-

-

48 3

1

In-Firms 6 -

9

185 24 23

-

OCIs 124 97

5

1054 960 302 1

Applicants

Baker McKenzie 1110 8

Aird & Berlis LLP Bennett Jones LLP 2

-

5

-

-

-

3

1

-

2

1

-

3

1

-

-

3

-

-

-

3

2

-

-

1

-

-

-

2

1 - UBC

-

-

1 - NCA

3

-

-

-

Did not respond in time for publication

Did not disclose

-

Did not respond in time for publication

1

Did not disclose

13

-

2

6

-

Did not respond in time for publication

40

2

10

-

~80

3

~60

-

2

~250 21

5

2 -

-

12

-

2

-

20

2

23

~400

18

13

~100

~1100

Did not disclose

40

31

300+

Did not disclose

Bereskin & Parr LLP

400

90

1000+

Blake, Cassels & Graydon LLP

Cassels Brock & Blackwell LLP

Brauti Thorning LLP

Borden Ladner Gervais LLP

Clyde & Co Cozen O'Connor Crawley MacKewn Brush LLP Dale & Lessmann LLP Davies Ward Phillips & Vineberg LLP Department of Justice Canada

-

-

-

1

1

-

-

2

-

-

-

1

-

-

-

-

-

-

-

-

2 - NCA

1 - NCA

-

Did not respond in time for publication

1

1

1

-

2

-

-

2

1

2

-

2

-

2

4

1

30

-

1

120

-

~700

Derstine Penman Criminal Lawyers

-

-

1

Dickinson Wright LLP

-

2

-

1

-

3

-

1

1

1

8

-

~50

-

~150

-

~835

-

4

DLA Piper (Canada) LLP

1

-

1

-

1

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

4

-

-

-

1

-

1

-

3

3

-

-

-

-

-

-

-

-

-

-

1

-

-

-

1

1

-

1

-

-

-

-

1

-

3

-

-

2

-

1

-

-

1

2

1

-

-

1

-

-

-

1

-

-

-

-

-

-

-

-

-

1

-

1

-

1

-

-

-

4 - School not disclosed

-

-

-

-

-

1

-

-

-

-

-

2

1

4

-

-

-

7

16

1

-

2

30

-

-

-

55

2

-

3

120

-

1

-

250

Did not disclose

3

-

2

350

21

2

-

895

Fasken Martineau DuMoulin LLP

104

17

7

Filion Wakely Thorup Angeletti LLP

496 ~30

15

Fogler, Rubinoff LLP Gilbert's LLP ~150 -

-

-

Did not respond in time for publication

Glaholt Bowles LLP 250

Gardiner Roberts LLP

Goldblatt Partners LLP

12

-

-

365

Did not respond in time for publication 5

1

-

Did not disclose

1000

2

-

-

14

11

1

Did not disclose 27

1

161

118

-

1 - New Brunswick

-

1

-

1

2

1

5

1

4

1

10

-

1

30

Did not disclose

Did not respond in time for publication Did not respond in time for publication

-

13

1

-

-

55

Did not disclose

-

Did not respond in time for publication

-

71

3

1

2

42

-

-

1

100

11

-

-

317

Did not disclose

-

Did not respond in time for publication

1

Did not disclose

-

Goodmans LLP Gowling WLG (Canada) Green and Spiegel LLP Henein Hutchison Robitaille LLP Hicks Morley Hamilton Stewart Storie LLP Kim Spencer McPhee Barristers P.C. Koskie Minsky LLP Lax O'Sullivan Lisus Gottlieb LLP Legal Aid Ontario Lenczner Slaght LLP Littler LLP

5

Did not respond in time for publication 33

Did not respond in time for publication 75

Longo Lawyers 263

Mathews Dinsdale & Clark LLP McCague Borlack LLP McCarthy Tétrault LLP McLeish Orlando LLP

1

1

1

1

1

-

-

-

-

-

-

-

-

1 - School not disclosed

Did not disclose

-

2

1

-

0

-

0

-

2

-

0

-

5

-

0

-

5

-

12

2

13

-

1

Did not disclose

-

-

Did not disclose

-

-

McMillan LLP

5

-

Miller Thomson LLP

32

2

65

-

14

-

-

-

3

-

-

-

2

-

-

-

-

2

-

2

-

1

-

1

-

2

-

-

-

Did not respond in time for publication

1

Did not respond in time for publication

Did not respond in time for publication

Did not respond in time for publication 75

14

12

Did not respond in time for publication 153

15

39

~300

Ministry of Labour, Immigration, Training and Skills Development Ministry of the Attorney General - Toronto Crown Attorney's Office

80

121

~1050

Ministry of the Attorney General - Family Responsibility Office Ministry of the Attorney General - Treasury Board Secretariat, Legal Services Branch Ministry of the Attorney General, Crown Law Office - Civil Ministry the Attorney General, Crown Law Office - Criminal Norton Rose Fulbright Canada LLP Ombudsman Ontario

-

-

-

1

2

-

-

1

-

1

-

3

-

2

-

1

-

-

-

-

-

Did not respond in time for publication

-

Did not respond in time for publication

Ontario Lottery and Gaming (OLG)

2

Did not respond in time for publication

-

Osler, Hoskin & Harcourt LLP

-

Did not respond in time for publication

3

10

Paliare Roland Rosenberg Rothstein LLP

11

Paul, Weiss, Rifkind, Wharton & Garrison LLP * 45

Did not respond in time for publication 230

-

-

-

-

1

-

-

3

-

-

-

1- UBC; 1 - NCA

1- UBC; 2 - NCA

-

-

-

-

-

1

-

2

-

1

Did not respond in time for publication

-

-

1

3

-

-

-

-

-

2

-

-

-

-

2

1

3

-

3

15

-

1

55

-

-

5

47

-

65

-

9

-

-

78

2

2

5

-

12

1

38

-

1

40

-

1

35

1

22

-

13

-

-

14

-

1

21

1 - NCA (Osgoode LLM)

Did not respond in time for publication

386

Thorsteinssons LLP

Did not respond in time for publication

1

Did not respond in time for publication

-

Did not respond in time for publication

-

2

-

-

-

-

-

Did not disclose

-

-

6

2

-

Did not disclose

14

6

40

1

250

1

1

-

2

-

2

-

-

1

23

6

22

90

62

356

14

1039

37

276

Public Prosecution Service of Canada / Service des poursuites pénales du Canada Rosen & Associates Tax law Ross Nasseri LLP Shearman & Sterling LLP Shields O’Donnell MacKillop LLP Siskinds LLP Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates Sotos LLP Stieber Berlach LLP Stikeman Elliott LLP

40

188

24

Did not respond in time for publication

Thomson Rogers

178

829

125

-

220

Did not disclose

604

Torkin Manes LLP Torys LLP Ursel Phillips Fellows Hopkinson LLP WeirFoulds LLP Wildeboer Dellelce LLP *The numbers given did not match up with results, so it was omitted

TOTAL

14 | November 30, 2023

RECRUIT SPECIAL

ultravires.ca

2024 2L Recruit Demographic Survey Results All about the Class of 2025 RACHAEL GREGORIS (3L) Each year, Ultra Vires surveys the class of 2L students after the Toronto recruit with the goal of developing a more comprehensive picture of the cohort’s hopefuls. A total of 73 students answered our survey, providing information about their background, personality, habits, and mental health—along with how the recruitment process affected them. Their responses have been anonymized, analyzed, and reproduced below.

Demographics

Academic History

The cohort comprised a mosaic of religions; however, over a third of students identified as atheist or agnostic. Midewin (an Indigenous spirituality also known as Midewiwin) made its survey debut.

This cohort represented a diverse range of educational backgrounds, from Engineering to Visual Arts. Notably, the number of STEM students more than doubled from last year’s 12.5%.

Most respondents fell between the ages of 23 and 25, which is consistent with last year’s results. Gender varied substantially, however, with 38% identifying as male and 62% identifying as female. Not only did the proportion of men grow significantly from just 24.6% last year, but no one identified outside the gender binary.

Nearly three-quarters of the cohort identified as straight, while approximately 22% identified as members of the LGBTQ2S+ community. No one identified as “queer” or “questioning.”

Perhaps unsurprisingly, students were generally high-f liers before coming to law school.

Exactly half of the cohort was white, with East Asian and Southeast Asian students making up the majority of racialized students. Perhaps due to the limited number of survey responses (or a number of other factors), no one in the cohort identified themselves as Black or Hispanic/Latinx.

ultravires.ca

RECRUIT SPECIAL

November 30, 2023 | 15

Financial Background Nearly half of the students went directly to law school after completing one or more degree programs.

As with many previous cohorts, over half of the respondents indicated that the recruitment process caused disturbances to their mental health.

Political and Social Life

The debt load ranged signif icantly among this cohort, but each category was somewhat evenly distributed. As for annual pre-tax household income, the largest proportion of students abstained from answering altogether. The results in the graph above are signif icantly skewed—especially given that last year, over 50% of students reported household incomes over $200,000.

Accessibility and Mental Health

In contrast to previous years, the political aff iliations of this cohort leaned far-left.

These results are almost certainly skewed because, for the f irst time, nearly 30% of students abstained from answering this question.

Alcohol consumption did not vary from past cohorts, though cannabis consumption increased from approximately one-third of the class last year to half of the class this year. Only 2.8% of the students admitted to using “study drugs” (Adderall, Vyvanse, etc.).

Editor’s Note: For mental health resources, please see page 12.

Nearly 40% of students reported that they live with a mental health condition. Note that we did not limit the “yes” responses to those diagnosed by a medical practitioner.

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As with previous years, academic factors (workload, stress, culture, etc.) had the greatest impact on the cohort’s mental health. For the f irst time, however, over half of the students reported that non-academic law school factors (extracurriculars, etc.) also played a role in changes to their mental health.

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RECRUIT SPECIAL

16 | November 30, 2023

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Factors Associated with Hiring in the Toronto Summer 2024 2L Recruit A statistical analysis REBEKAH KIM (3L) AND RACHAEL GREGORIS (3L) Editor’s Note: T he information below is meant to express correlations between certain factors and job offers in the formal recruit. T he data does not sug gest that these factors caused these outcomes or that a student must have certain qualities (like a specif ic GPA) in order to be successful in the recruit. Important factors like personality and interviewing ability are not captured in this article.

The of f icial Toronto 2L recruit for Summer 2024 concluded on Wednesday, November 8, 2023. Following the conclusion of the recruit, Ultra Vires sent out our annual survey to the 2L students of the University of Toronto Faculty of Law to collect data on the recruit and their thoughts and experiences. The purpose of the survey is to better inform future applicants, raise awareness on matters of student concern, and to provide a historical record of year-to-year changes associated with the recruit.

This year’s survey saw an increase in student participation compared to last year, with a total of 80 responses, representing approximately 38.1% of the 2L class size. Of the 80 students, 10 students (12.5%) were in combined-degree programs. 53 students (66.3%) identif ied as female, and 26 students (32.5%) identif ied as male. 35 students (43.8%) identif ied as racialized, and 43 students (53.8%) identif ied as non-racialized. The survey provided for abstentions in these categories.1 Of the respondents, 71 students (88.8%) participated in the recruit. Of those who participated, 62 received and accepted an of fer through the recruitment process (87.3% placement rate), while nine did not.

Of those who accepted an of fer, 36 (58.1%) went to large f irms, 13 (21.0%) to boutique f irms, eight (12.9%) to government, four (6.5%) to mid-size f irms, and one (1.6%) to an international f irm.

Of the 71 students who participated in the recruit, 27 (38.0%) expressed that their expected debt level had no inf luence on their recruitment decisions. While the responses from the students suggest that debt level was generally not a determinative factor, two students (2.8%) expressed that their debt load was the primary inf luence in making their employment decisions.

1 Based on the Facult y’s of f icial J D First Year Class Prof ile, 2022 ( https://w w w.law.utoronto.ca/about/ jd-f irst-year-class-prof ile)

A majority of respondents found the Career Development Office (CDO) to have been very helpful (40 students; 50% of the respondents) or helpful (22 students; 27.5% of the respondents).

However, there were two respondents who expressed that the CDO was not at all helpful (2.5% of the respondents).

A s w it h prev ious yea r s, we a ssig ned a nu mer ica l GPA to each let ter g r ade (i.e., H H = 5, H = 4, P = 3, L P = 1, F = 0), a nd t reated cou r ses a s equ iva lent i n weight u nder t he a ssu mpt ion t hat employer s do not t a ke i nto accou nt each cou r se’s weight .

From ou r su r vey, t he med ia n appl ica nt i n t he Toronto Recr u it had a GPA of 26 . T h is med ia n GPA is equ iva lent to 5 H s a nd 2 Ps, or 1 H H, 3 H s a nd 3 Ps, etc. T he 25t h percent i le GPA wa s 25, t he 75t h percent i le wa s 28 , a nd d ist i ncti ng st a nd i ng (t he 9 0 t h percent i le) wa s 30. T hese resu lt s a re gener a l ly consis tent w it h la st yea r’s resu lt s, w it h t he except ion of t he 25t h percent i le GPA bei ng s l ight ly h igher t h is yea r.

Most of the students (63 students; 88.7%) who participated in the recruit indicated that they did engage in some form of networking during the recruitment process. The most popular form of networking was the coffee chat.

There was a general upward trend in the average number of OCIs received and the number of in-f irm interviews received as GPA increased. The number of offers received, however, did not seem to correlate strongly with 1L GPA. Using the Spearman rank correlation test, the relationship between GPA and application-to-OCI conversion rate was statistically signif icant with a moderate correlation. 2 On the other hand, the weak correlation between GPA and OCI-to-inf irm conversion rate was not statistically signif icant. 3 The same was the case for the relationship between GPA and in-f irm-tooffer conversion rate.4 When looking at factors that impact obtaining employment through the recruit (i.e., receiving at least one offer), logistic regression revealed that there exists a statistically signif icant association between the number of in-f irm interviews received and employment, 5 and between the number of in-f irm interviews attended and employment. 6 However, the associations between the number of OCIs received and employment7 and between GPA and employment 8 were not statistically signif icant. Similar to last year, the data indicated that students who both received and attended more inf irm interviews were more likely to secure employment.

Correlations Between Grades, OnCampus Interviews (OCIs), In-Firm Interviews, and Offers Received For this section, out of 71 respondents who participated in the recruit, only 58 students’ responses were used for analysis, as others did not report complete 1L grades. We expect that students who performed better academically or were satisfied with the outcome of the recruit to be more likely to participate in the survey. Because of this self-selection bias, students with HHs and Hs are likely to to be overrepresented at the expense of those reporting Ps. The expected grade percentage is based on the Faculty’s grade distribution guidelines to instructors.

2 rs = 0.58 38 3, p (2-tailed) = 0 3 rs = - 0.08 634, p (2-tailed) = 0.51927 4 rs = - 0.09039, p (2-tailed) = 0.49982

5 β = 0.2378 , p = 0.0377 6 β = 0.448 9, p = 0.0439 7 β = 0.0331, p = 0.5953 8 β = - 0.0 024, p = 0.9875

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RECRUIT SPECIAL

November 30, 2023 | 17

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In conclusion, these results suggest that while students with higher GPAs tend to secure more OCIs, GPA alone is not a good indicator of whether a student is likely to secure an offer.

Effect of Gender and Race For this section, out of 71 responses, three responses that did not provide necessary gender or race information were excluded. Compared to the U of T Law Class of 2025 profile statistics, there was an overrepresentation of females who completed the survey (67.6% vs. 56%). There was also a slight overrepresentation of racialized students who completed the survey (48.5% vs 41%).

Gender With regard to gender, males were slightly more successful than females at converting applications to OCIs, but for the remaining stages, females were slightly more successful. The difference at each stage, however, was not statistically significant under the Mann-Whitney U test. Based on the survey responses, applications from males were more likely to convert to OCI interviews (56.4% for females versus 62.0% for males).9 At the OCI stage, females were more successful at converting an OCI interview into an in-firm interview invitation (58.4% for females versus 53.6% for males).10 Females were also slightly more likely to convert in-firm interviews into offers (42.6% for females versus 41.8% for males).11 However, despite females being slightly more successful at most stages, a larger percentage of males secured employment compared to females (84.8% for females versus 95.5% for males). The difference in overall employment was also not statistically significant.12

responses, applications from non-racialized students were more likely to be converted into OCIs than applications from racialized students (51.8% for racialized students versus 65.5% for non-racialized students).13 At the OCI stage, non-racialized students were slightly more successful than racialized students at converting OCIs into in-firm interview invitations (54.8% for racialized students versus 58.0% for nonracialized students).14 When it came to converting in-firm interviews into offers, there was almost no difference in performance between racialized and non-racialized students, but racialized students were more successful by a hair (42.4% for racialized students versus 42.3% for non-racialized students).15 In terms of overall employment, non-racialized students were more successful in securing a position out of the recruit, but this difference was not statistically significant (84.8% for racialized students versus 91.4% for non-racialized students).16 The overall trend in data suggested that while non-racialized students found more success at application and OCI stages, both racialized and non-racialized students performed equally well at the in-firm stage.

Race With regards to race, non-racialized students were more successful than racialized students at most stages of the recruit. The differences demonstrated between racialized and non-racialized students at each stage, however, was not statistically significant under Mann-Whitney U test. Based on the survey

Race and Gender Combined Finally, when looking at both race and gender combined, the differences between groups at each recruit stage were not statistically significant. Nonetheless, based on the survey data, non-racialized males were the most successful at converting applications to OCI invitations (65.9% of applications converted into OCI invitations). At the OCI stage, nonracialized females were the most successful at converting OCIs into in-firm interview invitations (59.1% of OCIs converted into in-firm invitations).

During the in-firm stage, racialized males were the most successful (45.5% of in-firms converted into offers). When looking at overall employment, non-racialized males were the most successful, with 100% of the survey respondents who identified as a nonracialized male securing a position. Racialized females, while not that far behind other groups, had the least success at almost every stage of the recruit.

9 U- Score = 435, Z - Score = 0.931, Cut- Of f = 1.960 10 U- Score = 419.5, Z - Score = 1.134, Cut- Of f = 1.960 11 U- Score = 420, Z - Score = 1.127, Cut- Of f = 1.960 12 Chi-square = 0.201, df = 1, p = 0.654

13 U- Score = 465, Z - Score = 1.38 0, Cut- Of f = 1.960 14 U- Score = 506, Z - Score = 0.877, Cut- Of f = 1.960 15 U- Score = 558 .5, Z - Score = 0.233, Cut- Of f = 1.960 16 Chi-square = 0.40 0, df = 1, p = 0.527

18 | November 30, 2023

RECRUIT SPECIAL

ultravires.ca

Success Without the 2L Recruit For students who didn’t get an offer ALYSSA WONG (3L) U of T Law has a reputation for being a pipeline for law students to get prestigious jobs on Bay Street. Specifically, this pipeline will lead you through the Toronto 2L recruit, requiring you to fit rounds of interviews into too few days with too many expectations.

This year, approximately 210 students were eligible to participate in the Toronto 2L recruit.

Many students will have already secured employment through 1L recruits or the New York 2L recruit. Many more will emerge on the other side of in-firms with a job offer. Then there are those of us who won’t receive an offer at all.

Not getting a job through the 2L recruit can be an isolating experience. There is the silence of the minutes after 5pm when your phone doesn’t ring amid the barrage of peers sharing celebratory LinkedIn posts. It feels like no one really knows what to say to you. It’s one thing to know, logically, that you are not the only person who didn’t get a job offer, but it’s hard to hold onto that when many of us are unwilling to talk about it. It doesn’t help that not getting a job offer is often framed in terms of “failure,” especially at a school with a reputation for recruit success. At least, that’s how I felt.

I spent much of my 2L year embarrassed about not getting employment through the 2L recruit. It wasn’t until January that I learned about another peer who was also still job-hunting, almost by accident. It took more time than I’d like to admit to get over the feeling of shame when someone asked me what my summer plans were. Even though I knew I wasn’t the only one, it was one thing to read statistics on

paper and something else entirely not to see that reflected in my daily life. As lovely as it was to be reassured by friends about my employment prospects, it didn’t feel quite the same when they had all secured employment themselves or had intentionally opted out of the recruit. I also spent much of the year afraid that I wouldn’t find a job and would spend my 2L summer doing nothing at all. That fear did not come to fruition. I worked as a policy research assistant at the Schwartz Reisman Institute for Technology & Society. I plan to complete the Law Practice Program (LPP) at Toronto Metropolitan University in 2024, and am keeping an eye out for job postings that interest me in the meantime.

In hindsight, the aftermath of the 2L recruit would have been much easier to navigate if I had known others who were going through the same experience as I was. For this recruit special, I reached out to some current 3Ls and recent U of T Law graduates who also did not receive employment in the Toronto 2L recruit. I asked them what they did during their 2L summer, what they do now, and what advice or message they have for others. Here are some excerpts: Megan Chan (JD ’23) 2L Summer: Law School Summer Employment Program (LSSEP).

What I’m Doing Now: Insurance defence and civil litigation.

Advice/Message: If you are worried about finding a job, consider applying broadly.

Good luck; you can do it!

Jacob Broz (JD/MBA ’23) 2L Summer: Worked at the Ontario Securities Commission.

What I’m Doing Now: Corporate lawyer (not yet admitted to practice in NY State) at Simpson Thacher & Bartlett LLP. Advice/Message: Take a moment to reassess what you actually want out of your career.

If you do still want big law, aim for high grades during the rest of 2L, network, and work with the CDO to improve your interview skills.

Jessica Pan (JD ’23) 2L Summer: Caseworker in Employment Law and Academic Appeals Division at Downtown Legal Services (DLS).

What I’m Doing Now: Articling at the Treasury Board Secretariat.

Advice/Message: If you need to, take a break to recuperate before you jump back in.

Lean on your support system and be kind to yourself. It’s OK if you need some time and rest to feel ready again. I know I needed it.

Dominique Wightman (JD ’23) 2L Summer: Caseworker in Refugee and Immigration Division at DLS. What I’m Doing Now: Articling at Thompson Dorfman Sweatman LLP in my hometown of Winnipeg, Manitoba.

Advice/Message: Until the 2L recruit, I never really felt the need to “fit in” with people or pretend to be someone I’m not. There’s a lot of unhealthy pressure in the 2L recruit, most of which I put on myself. It’s also important to re-

member that there are many pathways to success and self-realization, and the 2L recruit is only one of those pathways.

Andrew Parker (3L) 2L Summer: International Human Rights Fellowship with the Justice & Accountability Unit, a joint initiative by Bellingcat and the Global Legal Action Network.

What I’m Doing Now: Will be articling with the Ontario Ombudsman in 2024.

Advice/Message: The single most important piece of advice I can give is that you shouldn’t freak out. Stay focused, keep networking, and you’ll land something great eventually.

While everyone has had a unique experience, all of these show that you are not alone.

Countless others have been in your position.

Moreover, you are not out of options. LSSEP and recruits for other cities will come later in the year. Many firms don’t participate in recruits at all, but have openings for summer students should you seek them out. Looking ahead to 3L, you will have the excellent options of completing the articling recruit or the LPP. None of these options are closed to you or make you inferior to those who have already secured employment.

You can find the full responses and other stories about the 2L recruit from students online at ultravires.ca.

Editor’s Note: The comments in this article have been edited for length and clarity.

ultravires.ca

RECRUIT SPECIAL

November 30, 2023 | 19

2L Recruit Confession Booth My personal experience in the 2L recruit, paired with anonymous stories shared through UV’s recruit survey OLIVIA SCHENK (2L) The recr uit is an intense marat hon t hat no one can complete per fect ly.

Goofs and gaf fes are an inherent par t of t he ex per ience. Shar ing our blunders is impor tant because mista kes are an unavoidable par t of l ife, and it is better to be able to laugh at our past mista kes t han to a l low t hem to haunt you. I hope t his ar t icle lets anyone who has par t icipated or w i l l par t icipate in t he recr uit k now t hat we a l l had a si l ly, goof y pro cess. Welcome to t he 2024 2L recr uit confession boot h. I w i l l go f irst.

Persona l ly, a l l of my most notable recr uit blunders occur red in t he span of on ly 30 minutes at a recept ion held at t he end of day one when I was r unning on fumes. I d id not want to go at a l l, but I told myself I wou ld show up, ta l k to f ive people, and leave.

I entered t he recept ion and picked up my name tag, which had a simple white backg round w it h on ly my name on it. I attached it to my blazer and headed in.

About 15 minutes into t he event, after I had f loated bet ween a couple of d if ferent law yers and fel low law students, I was beg inning to not ice t hat ever yone was frequent ly look ing at my shir t. I t hought I must be paranoid or people were just double- check ing my name. I l ived in bl issfu l ig norance unt i l one lawyer sa id, “It is so nice you brought your ow n name tag w it h your school’s name so nobody needs to ask.” I panicked and looked dow n, on ly to rea l ize t hat I had forgotten to remove my f ina l inf ir m of t he day’s H IGH LY BR A N DE D name tag before enter ing t he recept ion of a completely d if ferent f ir m. The ent ire t ime, I had been wear ing t wo name tags, one on eit her side of my blazer. I cr inged, quick ly pu l led of f t he bonus name tag, and shoved it into my pocket.

Unfor tunately, t he worst was far from over. A few minutes later, a senior lawyer asked me, “So, who d id you interv iew w it h today?” My sleep - depr ived

bra in assessed t he situat ion as some sor t of power move. I reca l led t hat t he Career Development Of f ice (CDO) had sa id t hat if a law yer ask s what ot her f ir ms you are inter v iew ing w it h, you can be as specif ic or vag ue as you want.

In a spl it-second sma l l-bra in decision, I decided to retur n t he power move and began ex pl icit ly l ist ing ot her f ir ms.

The law yer t hen PA N ICK E D and cut me of f. He clar if ied t hat he was on ly ask ing which law yers from T H IS f ir m I had spoken to and t hat he would abso lutely never ask a student about t he ot her f ir ms t hey were seeing. At t his point, I decided I had done enough damage and told ever yone I was of f to bed. This f ir m d id not contact me for a second inter v iew, and I do not blame t hem.

Next, I w i l l summar ize t he goofs and gaf fes shared t hrough our anony mous recr uit sur vey. Than k you to ever yone who shared!

Recr uit mista kes beg in as early as t he pre-appl icat ion net work ing phase. One student shared: I asked a Se ven S isters associate for a coffee chat in-person , but asked to switch to Zoom the mor ning of because I failed to manage my time that day. S he called me out for being disrespect ful of her time , and I decided to meet her in-person af ter all . S he was hungr y, so she asked if we could get lunch instead of cof fee. T hat ended up being my most expensive cof fee chat—I paid $20 for a salad , $20 for an U ber to get to her of f ice on time , and another $20 to get to another e vent af ter ward.

Now, to t he appl icat ion phase, star ting w it h one of my ow n blunders. Persona l ly, I was a major st ick ler for er rors in my mater ia ls, and t he night before t hey were due, I not iced I had made a sma l l for matt ing er ror on a l l my cover letters. It was midnight, and I was having a campf ire w it h my fr iends in my hometow n. “Surely t he f ir ms w i l l not care about somet hing so minor,” I as-

sured myself a loud. My ver y non-law fr iend repl ied, “I don’t k now Ol iv ia, I t hin k if I were some big fancy law f ir m, I wou ld care.” Natura l ly, t his sent me into a spira l. I ran into t he house and stayed up a l l night cor rect ing my mater ia ls to avoid any fur t her f ir ms opening my package early and seeing my shame.

However, it tur ns out t hat f ir ms care a lot less about appl icat ion er rors t han you may ex pect!

One recr uit par t icipant sent a Bennett Jones cover letter to Bla kes, who d id not seem to mind and st i l l gave t hem an OCI. A not her par t icipant appl ied to f ive OCI employers on t he U of T por ta l by submitt ing just t heir resume. They ran out of t ime to w r ite cover letters for t hese employers and submitted on v i L aw before t he 5pm dead l ine. They t hen ema i led a l l t he employers apolog izing and sent t he mater ia ls v ia ema i l, and a l l f ive accepted t he mater ia ls! They even got OCIs from t wo of t he f ive!

The OCIs are a lso a pr ime t ime for mista kes. Feel free to read my prev ious OCI ref lect ion piece from t he last issue of U ltra Vires if you are cur ious about my persona l OCI hor ror stor ies. A n anony mous par t icipant shared: I blacked out r ight before the application deadline and included a throwaway line about mar itime law in a cover letter to a f ir m that of fered me an OCI. I know nothing about mar itime law and only discovered this about 20 minutes before my OCI. S hockingly, I was not called for an in-f ir m .

The socia l events were where I committed t he major it y of my recr uit sins.

My fel low recr uit par t icipants a lso shared some event-specif ic si l l ies. One par t icipant shared: D ur ing lunch with a law f ir m on day t wo, I went to wipe my mouth with my napkin that was on my lap. Howe ver, I accidentally wiped it with my tie and didn’t realize until it was too late! Because of this, I had a gnarly grease stain on my tie for the rest of

the day, including for my second inter view with my now-e mployer.

A not her par t icipant shared a caut ionar y ta le for future recr uit par t icipants: D ouble booking meals may be suboptimal when you realize you need to cancel one of those meals.

Wr it ing t han k you ema i ls can a lso be ver y stressfu l, especia l ly if you are juggl ing a lot of act ive in-f ir ms and need to w r ite a lot of t han k you ema i ls ver y quick ly. One par t icipant t hought t hey cou ld reduce t heir stress by recr uit ing a fr iend to help. Unfor tunately, fr iends can goof and gaf fe as wel l.

My f r iend draf ted a thank you e mail to a recruiter for me. I went to the washroom dur ing another f ir m dinner to copy and send my e mail . L ater, I realized that the recruiter's f irst name was ver y clearly spelled wrong (it wasn't one of my favour ite f ir ms, so it worked out in the end!).

I found in-f ir m inter v iews to be t he most stressfu l por t ion of t he process.

The prev ious numbers t hat insu lated you dur ing appl icat ions and possibly OCIs were now gone.

Scheduling in-f irms is a dif f icult dance.

I personally completely burned my prime 8am call spot on call day by playing favourites and phone tag. My 8am slot ended up empty and my favourite f irm ended up placed at 4pm on day one.

One par t icipant shared t hey had forgotten to wear t heir blazer to t heir f irst inter v iew at 8am. A not her par t icipant shared dur ing in-f ir ms t hat t hey forgot t heir host’s name mid- conversat ion, so t hey just refer red to him as “my host” for t he rest of t he t ime. A second part icipant a lso completely blan ked on people's names r ight after inter v iew ing w it h t hem.

The recr uit is a w i ld r ide, but t han kfu l ly t he 2024 recr uit is f ina l ly over.

Editor’s Note: T he comments in this article have been edited for length and clar it y.

20 | November 30, 2023

RECRUIT SPECIAL

ultravires.ca

In Their Own Words: 2024 Toronto 2L Recruit Survey Responses Participants share their experiences AMY KWONG (3L) As part of Ultra Vires’ recruit survey, we asked the Class of 2025 long-form questions about their experiences, their recruit results and final decisions, and their general thoughts on the recruit. Select responses to those survey questions were anonymized, edited for clarity, and reproduced below.

guide claims to have been updated in April of 2023, and yet still has the names of boards that haven’t existed since 2019 and the old names of ministries from before 2019 as well. Much of the information is inaccurate and out-of-date based on my discussions with current Crown counsel and my own experiences from being in government.

Do you have any comments on the Career Development Office (CDO)’s services for the recruit process (regardless of whether you participated in the recruit)?

Do you have any comments on networking?

When asked to rank the CDO on a scale of 1 to 5, with 1 being “Not at all helpful” and 5 being “Very helpful,” the average response was 4.2. Most of the comments were very positive.

It was great how available the CDO made themselves during interview week—having them to turn to for strategizing in real-time was invaluable.

The panels they organized with previous students who had been through the recruit and the office hours were incredibly helpful.

I found the CDO to be an extremely useful resource as someone who had no idea about what to expect from this process. From resume and cover letter revisions to mock interviews, the CDO helped me prepare every step of the way.

Most respondents consulted with Theresa Chan, followed by Aglaia Lowo and Gina Alexandris. A small minority of respondents did not consult with any individual CDO staff.

The CDO was incredibly supportive. I particularly appreciate Theresa for allowing us to call her anytime during the in-firm interview week, which was very helpful when I was conflicted over a difficult decision. Theresa was also great at conducting mock interviews, and I found that many of my OCIs were extremely similar to her mock interviews.

Theresa is awesome. She really helped me with my resume and cover letter, and she made sure that my strengths shined through. She was also responsive during in-firm week. Give her a raise!

Theresa's near-instant email responses mid-recruit were life-changing.

Some respondents identified specific areas where the CDO could improve.

The CDO was a little too biased, and they had insights mostly from those who were successful from the previous recruit.

While mock interviews were very helpful for soothing my anxiety, they did not at all reflect what the interviews looked like during the recruit. My interviews were 100% conversational, so the behavioural question prep wasn't all that helpful.

It prepares you well to be competitive at a baseline level, but it won't take you over the top.

Respondents also commented that the CDO was less helpful for those seeking employment outside of big law.

It would be helpful to have more information and resources available for areas of private practice law outside of corporate law.

Completely useless for the government recruit. The

89% of respondents engaged in some form of networking before applications were due.

Coffee chats were the most common form of networking. Firm tours (virtual and in-person) were also popular. Of those who networked, 71% of respondents networked with the employer from which they accepted an offer.

Some respondents found networking helpful, especially for determining firm culture and fit.

It had a crucial impact on my personal ranking of my top firms and determining what questions I needed to ask going into in-firm interviews.

In my case, I believe it really made a difference that I made my interest in the firm very clear early in the process.

It is so important to network before you interview.

I don't think I would have had the success that I did otherwise! It's great to show that you're serious about them.

I think it’s pretty important, especially if you have lower grades like me.

Other respondents were less sure about the effect of networking on their ultimate recruit results.

It's hard to say how valuable networking was to the ultimate outcome. I received OCI invitations from employers I did not network with at all, and did not receive OCI invitations from employers I did network with. However, I felt that networking was overall very useful in helping me assess cultural fit with each firm.

It’s possible that some firms do expect you to be able to name drop a coffee chat in your cover letters, and certainly that’s the advice I got from the CDO, so I did that. But also some firms that I didn’t coffee chat with still offered me OCIs, and some that I did coffee chat with didn’t offer me OCIs, so things work in mysterious ways.

Out of the three firms where I received an in-firm offer, I only spoke briefly with the summer student at the first and networked with an associate at the second (who interviewed me at the OCI), but not with anyone from the third. I think the networking helped me immensely for the second firm, probably not for the first, and definitely not for the third. In terms of receiving OCIs, I was surprised that very few of the firms where I networked extended an OCI to me.

I've found that networking serves different purposes for different types of firms. For younger and mid-size firms, regardless of how competitive the candidate's qualifications are, demonstrating genuine interest in working there is crucial to getting an OCI. Networking and subsequently namedropping is an important part of demonstrating that interest. However, large established firms assume that you want to work there. Thus, the primary purpose of networking shifts towards gaining insights for yourself, helping you determine wheth-

er it's a place where you'd like to work.

Networking is something everyone should do because it has value and can largely happen over the summer when you are substantially less busy, but I do think it is less important the stronger your grades are.

Some respondents found that it was not helpful at all, or had negative comments about networking in general.

I found that it made no difference for me; I was successful having not done any networking at all.

Honestly I don't think it did anything in terms of influence. Only coffee chat if you're genuinely interested in learning.

Networking had no impact on getting OCIs. I hate it, but the person I spoke to was nice.

Leaves a bad taste in my mouth.

Do you have any comments on the virtual or in-person events?

This year, the number of virtual events seemed to have decreased, with only 17% of respondents participating in virtual events.

By contrast, 78% of respondents participated in in-person events. When asked to rank how much they thought their choice of which events to attend ultimately influenced which firms made them offers on a scale of 1 (No influence) to 5 (Significant influence), the average score was 3.1. When asked if interviews or events were more important for receiving an offer on a scale of 1 (Events) to 5 (Interviews), the average score was 4.2.

Respondents commented that there was some pressure to attend events, and that declining events could lead to being eliminated from a firm’s hiring process.

I had a firm stop considering me solely because I (kindly) declined their dinner because I had already committed to another.

From my experience, I believe that if you do not go to the events with the firm, you will not receive an offer. Simple as that.

If the government offers a reception, you have to go.

I was informed by my first-choice host after the recruit that me not attending the dinner they hosted was a major factor in why I didn’t receive an offer from them.

I found receptions to be only moderately important (although an absence likely would have been perceived negatively), whereas dinners were significant in winning over the firm (or vice versa).

Some respondents commented that events were helpful for getting to know the employer and the people working there.

The receptions actually were really helpful in getting to know the vibe of the firm and the people you could be working with.

There were some meals where I didn't feel as comfortable due to the lawyers being a bit "bro-y." But during the dinner with the firm I ultimately chose, the lawyers made me feel so welcome, and I felt very comfortable being myself. I left that dinner with clarity regarding my first-choice firm.

They are nice and allowed for more casual and candid conversations, but it also felt like employers tried to monopolize my time.

What did you not want your interviewers to know about you?

Respondents worried about employers learning about their personal details.

I was stressed about showing my tattoos.

My religious background.

My family details.

My income bracket.

Details about my personal life (beyond surfacelevel anecdotes about hobbies/interests if they were relevant to the conversation).

Everything about me and what I’ve done.

Some respondents did not want employers to know about their reasons for participating in the recruit or their true interests.

How few employers I was meeting with that week, and that I only wanted this job so I can pay off my law school debt as soon as possible before working in public interest.

What kind of firms I was deciding between.

That I already had an offer from the New York recruit.

That I didn’t know exactly what I wanted to do, and that I didn’t like business.

That I would not be here if not for the hefty paycheques.

My background in sustainability.

One of the clinics I am participating in.

Did any of the employers you interviewed with ask you inappropriate questions or make you feel uncomfortable?

Of the 66 students who responded to this question, 15.2% of respondents were asked inappropriate questions or made to feel uncomfortable. Most of the inappropriate behaviour was associated with first-choice language and asking students what other firms they were interviewing with.

Two firms asked me to indicate if they were my first choice when they met with me after my initial interview and were explicitly trying to sell me on the firms. They were the only two firms that I did not receive offers from after failing to tell them they were my first choice.

In my second interview with a litigation boutique, both name partners were present for my interview.

While the interview itself was mostly pleasant, I felt uncomfortable because they kept disparaging the recruit process and threw insults at students for being "brainwashed" and the CDO for being largely ineffective.

I was pressured for first-choice language at a dinner with a managing partner.

Out of 68 respondents, 91% gave firstchoice language to one employer, 3% gave

RECRUIT SPECIAL

ultravires.ca first-choice language to more than one employer, and 4% did not use first-choice language at all. 49% of respondents’ first-choice employer changed during the recruitment process, while it did not change for 47% of respondents. Of those whose first-choice employer changed, 75% of them changed their first choice during in-firms, 11% changed between OCIs and in-firms, and 6% changed during OCIs. Had a situation where an employer asked about the TMU pro-Palestine petition, clearly trying to determine students’ positions on the matter.

Did you experience any employers not following Law Society of Ontario (LSO) Procedures?

About 13% of respondents experienced employers not following procedures, but only three respondents shared details of their experience. Breaches or circumvention of the LSO procedures should be reported to the Law Society’s Director of Licensing and Accreditation, by emailing articling@lso.ca.

Offer was communicated before the prescribed date, but this is the one "offence" that actually plays in the student's favour in a very pro-employer process, and I'd prefer not to name and shame.

More than one employer broke the rules (prefer not to disclose), but large full-service firms on Bay Street really tried to ascertain first choice on every single day of the recruit. In fact, whether or not you continued on in the process with some firms seemed to depend on that.

Editor’s Note: One respondent shared that a firm emailed applicants about their intent to offer OCIs on the first day of school (rather than waiting for the official OCI announcement date). OCI procedures are at the discretion of the individual law school, and U of T allows firms to communicate their intent to call students regarding OCIs before the official OCI announcement date.

guage. Get rid of first-choice language. It puts so much undue pressure on the student! Or, if anything, make it that if you give first-choice language, the employer has to tell you whether they intend to offer you a job so you know whether you can then give the language to another firm.

Get rid of the first-choice language nonsense. It makes the process too much of a game. I had two firms pressing me for first-choice language, but I couldn’t give it to them because I had given it to someone else. Trying to get me to use first-choice language became the focus of our interviews as opposed to actually getting to know each other.

First-choice language process seemed problematic during the week. I know several extremely qualified people who didn't get an offer simply because they chose the wrong employer to give first-choice language to, which they couldn't take back, and the employer did not let them know they should take it back.

Respondents generally wanted less activities, or for non-interview activities such as social activities and thank you notes to be forbidden altogether.

Less events outside of interviewing.

Dinners should not exist.

I’d love for firms to let me know that they didn’t want me after the second day interview so I could forfeit the dinner event they host that night.

LSO should mandate no thank you notes.

Some respondents preferred the rolling format of the New York recruit over the structured Toronto recruit.

I would make the Toronto recruitment process similar to the recruitment process for New York. I believe having the recruitment take place over the summer and allowing employers to hire on a rolling basis is better for students' well-being.

What, if anything, would you change about the recruitment process?

Get rid of this entire weird process completely and replicate the US recruitment system.

Many respondents would change the timeline of the recruit. Some commented that the length of the full process caused weeks of stress and anxiety. Others believed that certain parts should be more spread out so that participants would feel less time pressure.

Overall, respondents commented that the entire process felt arbitrary and that it reinforced a power imbalance between employers and students, with employers holding all the power.

In-firm week consumed my entire life, both during the week and weeks prior. The process is inherently set up so that you can't think about anything else, and it feels absolutely imperative that you get a position (even though this is NOT true). There must be a better way of structuring recruitment so students can prioritize their mental and physical health.

The process should be shorter and require less socializing.

Make it virtual if the time is so compressed.

Call Day following OCIs should be much closer to the actual date that OCIs were completed. This was the period during which I was probably the most anxious. Additionally, employers should just extend you an offer once they confirm their interest during or after an interview, instead of forcing us all to wait for those terrible two hours to hear back.

I think first interviews shouldn't be allowed after Monday. By then you already kind of know what firms you're interested in, and I think it's unfair for the employers. It’s hard not to feel like you're wasting their time if you put your fifth choice first thing on Tuesday. Also it just gives you more flexibility to schedule Tuesdays, which you need to do on the fly.

I wish in-firms were more spread out. It would be better if it was an entire week.

Respondents also expressed dissatisfaction with having to navigate first-choice language during in-firms.

There is so much pressure to give first-choice lan-

Employers need to be significantly more transparent about what they're looking for from students and how students can potentially meet those expectations. Instead, the recruit is extremely opaque, which gives rise to the perception that unconscious biases play a rather large role in who is actually hired.

It’s such a power imbalance where you’re expected to show your cards, but the firms don’t show theirs.

And every firm plays things differently.

This process creates a crazy power imbalance for the employers. I would like to see more honesty from the employers. Like sending rejection emails after OCIs so we're not left wondering. The three days of in-firms also seems like overkill. I think it strings students along.

The guidelines fail to create a stress-free, transparent, and fair process.

ommend scheduling your favourite firm in your second or third spot on Monday to get some nerves out.

In-firms were way more conversational than I expected, although that might have had to do with the specific firms that I interviewed with. Worry less about trying to impress your interviewers with the content of your answers; it’s more about having a conversation, active listening, and showing interest.

Don't underestimate the strategic element of the process when managing your time and following up with people. Lean on your host to gauge how the process is going. Be proactive when communicating with firms (asking for additional conversations and whom you would like to meet with). Show your enthusiasm about a firm as much as possible.

Leave room for breaks to reflect, send emails, and disengage from the process for a while.

If you are assigned an articling student host at a firm, they can be a helpful resource to turn to for anecdotal experience about how a firm shows interest and the timing of cuts as you go through the process.

Don’t overdo it with networking. I promise that sometimes networking can backfire.

Define your goals and think about where you want to work and what kind of work you want to do. Be flexible and open-minded with the different firms you meet.

Make sure you understand what first choice language is and how to use it. It could be the difference between getting an offer and not.

Try for the New York recruit first. You’ll have your resume/materials prepared, and it’s much easier to go through the Toronto recruit if you already have a job lined up.

This is a poker game. You've got to know when to hold 'em, when to fold 'em, when to walk away, And know when to run. If you show your cards too early, you will look desperate.

Respondents emphasized the importance of having strong support networks during the process, including friends and family not in law school who can provide an outside perspective.

Talk to your friends throughout the week and compare how the same firms are treating you! This will be so helpful in assessing which firm you give your first-choice language to.

Go home if you can. Leave the law school bubble during the recruit.

Have someone you can talk to who is not going through the recruit.

Finally, respondents shared positive words of encouragement to future participants.

You can only accept one offer, so you only need one offer at each stage.

Put in your best efforts, but remember that it is not the end of the world if you don’t receive an offer at the end of the day. We have a long career ahead of us, and this is just a blip in our successful career.

What advice would you give to someone participating in the process next year?

It will be very difficult, but try to remember that the recruit is not the end of everything. There will be so many job opportunities available after the recruit is over, even if you don't get an offer through this process. For myself, having this perspective helped me relax and perform at my best throughout the interview process.

Respondents’ advice varied greatly and covered a broad range of topics.

Enjoy the process the best you can. You will meet a lot of interesting people, and this is the best part.

Prepare for the process as early as possible. Importantly, be yourself and try not to regurgitate scripted responses; just let the conversation flow naturally and you’ll be fine!

Are you satisfied with the results of the recruitment process?

I struggle to see the justification for how the system is designed.

Trust that you’ll be less nervous once you get the first interview over with (true of OCIs and infirms). For that reason, for in-firms I would rec-

Out of 70 respondents, 93% respondents were satisfied with the outcome of the process. Most respondents were satisfied because they secured a job for the summer of 2024.

November 30, 2023 | 21 I was fortunate enough to receive offers from both the firms I interviewed with, but more than that, I truly believe I learned a lot. I was forced to reflect on myself and what I want, and I learned invaluable soft skills to help me find success in interviews, like listening for verbal cues, reading changes of energ y, and knowing when to go off script to deliver an impactful point.

I ended up at a firm where everyone I met was surprisingly friendly and humble, even though they are all leading lawyers. I didn't realize that such a welcoming work environment could exist.

I enjoyed my in-firm experience a lot more than I anticipated. Most people were kind, and if you lean into the process it can be kind of fun. That said, it’s also an emotionally and physically exhausting process that requires a lot of mental strength and resilience. I want future students to know that this process (and the outcome) doesn’t dictate their worth.

Others were satisfied with their experience of the process despite not securing employment through the recruit.

Didn’t get a job but learned a lot.

I learned a great deal. Private firms are not my top area of interest, but the experience will help me with interviews for jobs that are a better fit for me in the future.

Some respondents were left unsatisfied with their results.

Months of effort and delaying school work only to not get an offer. And jobs after the formal recruit are not highlighted nearly as much as they should be.

Do you have any closing thoughts?

While I’m sure all firms have good intentions, at the end of the day, they are not prioritizing you.

You have to prioritize yourself at all stages of the recruit. Be respectful and professional, but make sure that at the end of the day you do what you can to come out with an offer.

I was surprised to find that firms read heavily into your experience as an expression of your interests, far more than I expected. As early as 1L, the extracurriculars you take on, like clinic selection, can be read into. I find this slightly unfair as I had no clue what I was doing in 1L September and was seeking not to craft a perfect narrative on my resume, but to take on interesting experiences for myself.

The recruit was the most stressful experience I have ever gone through. My acne got out of control.

I gained and lost weight like I was a professional fighter, without the exercise. I had never felt such sharp anxiety over a prolonged period of time as I did during the recruit. I never saw my friends or family. Despite all of that, I think I needed this for my growth as an individual. Keep in mind, I probably have rose-coloured lenses on because I found success, but I think I would have still felt this way regardless of the outcome because I let go of my expectations at the beginning of the process. That is the biggest piece of advice I have. Let go of your expectations and maintain a broad perspective, because the recruit truly is not the be-all, end-all.

This process is hard for everyone for a multitude of reasons, whether that be financial pressures, poor grades, or as in my case, being terrible at interviewing. My biggest piece of advice is to not compare yourself to others. Having more OCIs or being invited to a reception/dinner truly means nothing in the end. Focus on yourself and doing your best, not on others. In the end, you only need one job.

So much of the available career development resources focus on the recruits, but the jobs available are quite narrow in range. There is pressure to take part, but I expect that there are many people like myself who find they are not a good fit and would benefit from greater support in finding jobs outside the recruit process.

One final thought perfectly encapsulated most experiences with the recruit: Crazy-ass process. Couldn’t pay me to do it again.

RECRUIT SPECIAL

4 1 1 3 4

-

17 7

9

1 0 Did not disclose

5

43

1 6

TOTAL

Torys LLP

Stikeman Elliott LLP

Osler, Hoskin & Harcourt LLP

Norton Rose Fulbright Canada LLP

McMillan LLP

Gowling WLG (Canada) LLP

McCarthy Tétrault LLP

Calgary Summer 2024 2L Recruit Numbers

University of Calgary continues to lead the hiring numbers AMMAR THAVER (2L)

227

91

35

3

-

2

-

1

Did not respond in time for publication

Did not respond in time for publication

Did not respond in time for publication

Did not respond in time for publication

-

1

-

0

-

1

-

1

1

-

1

-

3 - school undisclosed 1 1

Did not respond in time for publication

-

-

-

-

1 -

-

-

-

-

1

-

-

0 2

3

10

20

25

65 Did not disclose

40 Code Hunter LLP

Dentons Canada LLP

ultravires.ca

SCENES FROM CALGARY. CREDIT: SHAE ROTHERY

0

1

-

1

1

1 - NCA

-

-

-

-

-

-

-

-

-

-

1

4 0 6 240 Cassels Brock & Blackwell LLP

118 Burnet, Duckworth & Palmer LLP

Borden Ladner Gervais LLP

218

280 Blake, Cassels & Graydon LLP

Bennet Jones LLP

62

24

4 5 42

0

1

Did not respond in time for publication

-

3 5 9 119

42

-

0

-

1

-

-

-

Queen's

1 -

Ottawa UVic

-

McGill

1 -

Osgoode U of T Dalhousie

-

UManitoba USask

2 1 2 4

UAlberta UCalgary Returning

7

Total In-Firms OCIs

Did not disclose

Applicants Employer

Applications and Interviews

-

Other

22 | November 30, 2023

This year, 13 firms participated in the Calgary 2L recruit, the same number of firms as last year. However, the total number of students hired decreased, with 43 students reported to have accepted an offer compared to last year’s 62 successful candidates. This decrease is likely attributed to the fact that many major Calgary employers did not respond in time for publication.

This year, out of the firms that responded, Blake, Cassels & Graydon LLP hired the greatest number of students (nine), followed by Bennett Jones (seven). Tied for third were Cassels, Brock & Blackwell LLP and Gowling WLG (Canada) LLP, both hiring six candidates each.

Consistent with last year, Alberta schools had the greatest success, with 17 successful candidates from the University of Calgary and nine from the University of Alberta.

For the first time this year, Ultra Vires collected data on the total number of applicants, on-campus interviews

(OCIs), in-firm interviews, and returning 1L students.

While we hope that this additional data will provide more transparency and meaningful insights, please keep the following two points in mind to avoid misleading conclusions: 1.

2.

Most Calgary firms do not hire 1L students.

Therefore, a firm not having any 1L students coming back does not necessarily mean that their 1L students chose to go to another firm.

OCI numbers are often incomparable between firms, especially because each firm conducts OCIs at different schools and the number of OCIs conducted varies per school.

Editor’s Note: Visit ultravires.ca for the most updated spreadsheets with information provided by employers after the time of publication.

351

Clark Wilson LLP

37

351

McEwan Partners

McMillan LLP

340

Osler, Hoskin & Harcourt LLP

126

Roper Greyell LLP

200

Whitelaw Twining

TOTAL

Young, Anderson

295

Stikeman Elliott LLP

Slater Vecchio LLP

222

Richards Buell Sutton LLP

Poulus Ensom Smith LLP

Owen Bird Law Corporation

372

Norton Rose Fulbright Canada LLP

MLT Aikins LLP

Miller Titerle + Company

Miller Thomson LLP

368

111

Did not disclose

177

McCarthy Tétrault LLP

Lindsay Kenney LLP

Lawson Lundell LLP

LaBarge Weinstein LLP

KPMG LLP

Kornfeld LLP

Juristes Power Law

Hunter Litigation Chambers

Harris & Company LLP

Harper Grey LLP

Guild Yule LLP

Gudmundseth Mickelson LLP

Gowling WLG (Canada) LLP

364

420

Farris LLP

330

Fasken Martineau DuMoulin LLP

Edwards Kenny & Bray LLP

Ecojustice

DuMoulin Black LLP

Dolden Wallace Folick LLP

DLA Piper (Canada) LLP

Department of Justice

Dentons Canada LLP

Clyde & Co

358

370

Borden Ladner Gervais LLP

Cassels Brock & Blackwell LLP

83

102

Did not disclose

96

115

117

Did not disclose

121

N/A

123

11

N/A

40

133

113

110

113

108

124

Did not disclose

116

66

377

393

Bennett Jones LLP

120+

32

21

19

31

37

54

37

13

48

14

4

10

53

40

44

31

28

32

37

40

40

6

18

350+

75

In-Firms

OCIs

Applications and Interviews

Applicants

Blake, Cassels & Graydon LLP

Alexander Holburn Beaudin + Lang LLP

Allen / McMillan Litigation Counsel

Employer

2

1 -

4

11 6

4 3 3 5 144

-

2 -

-

11

1

-

2

4

-

1

7

-

1

8

-

-

7

-

2

6

6

-

6

9

-

12

-

6 17

-

-

6

52

2

2

2

-

2

5

2

1

-

7

1

1

-

3

1

3

3

3

3

6

3

-

-

1

UBC (Allard)

Returning

TOTAL

24

-

-

-

4

1

1

1

-

-

1

-

-

-

1

1

1

3

-

1

2

5

-

1

1

UVic

16

1

-

1

-

1

2

-

2

1

-

1

-

-

-

-

-

1

2

-

2

1

-

1

-

TRU

9

-

-

-

-

-

1

-

-

-

2

-

-

-

1

-

1

-

-

1

-

1

1

1

-

Dalhousie

-

-

-

-

-

-

1 -

1 8

8

Did not respond in time for publication

-

-

Did not disclose

-

-

Did not respond in time for publication

Did not respond in time for publication

2

-

Did not respond in time for publication

Did not disclose

-

-

Did not respond in time for publication

Did not respond in time for publication

Did not respond in time for publication

Did not respond in time for publication

-

-

-

Did not disclose

1

-

Did not respond in time for publication

Did not respond in time for publication

Did not respond in time for publication

Did not disclose

1

1

Did not respond in time for publication

Did not disclose

Did not respond in time for publication

Did not respond in time for publication

-

Did not disclose

-

Did not respond in time for publication

-

-

2 1

1

1 1

-

-

3

Queen's

Alberta

6

-

-

-

-

-

1

-

-

1

-

-

-

-

2

1

-

4

-

-

-

-

-

-

-

1

-

-

-

-

-

-

-

2

-

-

-

-

-

-

-

1

-

Windsor

-

1

-

-

-

-

Ottawa

Offers

-

-

1 1 4

4

-

-

-

-

-

-

1

-

-

-

-

-

-

-

-

-

-

-

-

-

1

-

1

-

1

-

2

-

-

-

2

-

-

-

-

-

-

-

-

-

-

-

-

-

-

1

-

-

-

-

-

1

-

-

-

U of T

Western

Osgoode

2

-

-

-

-

-

-

1

-

-

-

-

-

-

-

-

1

-

-

-

-

-

-

-

-

Calgary

2

-

-

-

-

-

1

-

-

-

-

-

-

-

1

-

-

-

-

-

-

-

-

-

-

Manitoba

1

-

-

-

-

-

-

-

1

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

McGill

2

-

-

-

-

-

-

-

1 - NCA

-

-

-

-

-

-

-

-

-

-

1 - NCA

-

-

-

-

-

Other

ultravires.ca

RECRUIT SPECIAL November 30, 2023 | 23

Vancouver Summer 2024 2L Recruit Numbers

Allard once again dominates the Vancouver recruit REBEKAH KIM (3L)

The Vancouver Summer 2024 2L recruit concluded on Thursday, October 26, 2023. Ultra Vires reached out to 45 employers that participated in the recruit this year. At the time of publication, 30 employers had responded and 24 agreed to disclose their recruit numbers to Ultra Vires.

Similar to last year, students from the University of British Columbia’s Peter A. Allard School of Law led the pack in securing the most positions in the recruit, with 52 students securing a position. The University of Victoria took second place with 24 students hired, and Thompson Rivers University came in third with 16 students hired.

Outside of British Columbia, the most successful schools were Dalhousie University’s Schulich School of Law, the University of Alberta, and Queen’s University. Nine of Dalhousie’s students secured a position in Vancouver, while Alberta and Queen’s each had eight students hired through the recruit.

As in previous years, Blake, Cassels & Graydon LLP hired the most 2L students, with 17 hires. Followed by Borden Ladner Gervais LLP, with 13 2L summer students hired.

For the f irst time this year, Ultra Vires collected data on the total number of applicants, on-campus interviews (OCIs), in-f irm interviews, and returning 1L students. While we hope that this additional data will provide more transparency and meaningful insights, please keep the following two points in mind to avoid misleading conclusions:

1.

2.

Most Vancouver f irms do not hire 1L students. Therefore, a f irm not having any 1L students coming back does not necessarily mean that their 1L students chose to go to another f irm.

OCI numbers are often incomparable between f irms because each f irm conducts OCIs at different schools, and the number of OCIs conducted varies per school.

Editor’s Note: Visit ultravires.ca for the most updated spreadsheets with information provided by employers after the time of publication.

RECRUIT SPECIAL

1 2

1

2

1

1

-

2

1

3

2

8

-

-

1 3

1 1 5

22

-

-

1

1

4

16

1

5

24

8

3

6

1 1 1 -

Did not respond in time for publication

-

2

1

-

1

1 -

4

-

-

-

1 Did not disclose

3

7

3

5

3

9

4

2

-

1

1

-

-

1 1 3 4 2

1

1

-

1

-

-

TRU TMU

-

Dalhousie McGill

-

Windsor

1

Ottawa Western Queen's

-

Osgoode U of T

1 2 -

Graduate STEM Returning 2L

16 TOTAL

Smart & Biggar

200

1 106 MBM Intellectual Property Law LLP

Osler, Hoskin & Harcourt LLP

15 48

140

Brion Raffoul LLP

Gowling WLG (Canada)

50

2 4 31 147

1

Borden Ladner Gervais LLP

1L

2 13 90

TOTAL Interviews Applications Employer

Aitken Klee LLP

Applications and Interviews

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THE RIDEAU CANAL IN OTTAWA. CREDIT: SHAE ROTHERY

Year

1

Offers Background

1

UVic

24 | November 30, 2023

Ottawa Summer 2024 Intellectual Property Recruit Numbers University of Ottawa takes back the lead SOOYEON PARK (2L) The Ottawa intellectual property (IP) recruit concluded on Thursday, October 26, 2023, with at least 24 students hired. Seven firms participated, recruiting both 1L and 2L students. Six of those firms shared their results with Ultra Vires (UV).

As in previous years, the Ottawa IP recruit focused on hiring 1L students, hiring 16 students from 1L and 8 students from 2L. Gowling WLG (Canada) LLP hired the most students this year, with nine in total, an increase from last year’s six hires. Smart & Biggar LLP came in second with five students hired.

In terms of school rankings, the University of Ottawa (uOttawa) had the most students hired from the Ottawa IP recruit, followed

by U of T and Queen’s. Eight uOttawa students were hired, representing one-third of the offers made this year. This confirms that last year’s recruit, where there were zero students hired from uOttawa, was an anomaly.

This year, UV asked the number of applications each employer received and the number of interviews employers conducted. In an effort towards more transparency and informed decision-making, we hope this additional information will provide students with a

clearer picture on how the recruit process works.

As in previous years, UV asked firms to share the total number of students hired with a graduate degree and the total number of students hired with a background in science, technology, engineering, and/or mathematics (STEM). There is a common belief that these qualifications can help students enter the IP law sphere.

Although the sample size is too small to draw significant conclusions, of the 24 students hired, 22 had STEM backgrounds, and six had graduate degrees. While the reported number of six students is unusually small for the number of students hired with a graduate degree, it is likely not indicative of the actual number of students hired with a graduate degree since Gowling decided not to disclose this information this year.

Editor’s Note: Visit ultravires.ca for the most updated spreadsheets with information provided by employers after the time of publication.

ultravires.ca

R IGHTS R EVIEW

November 30, 2023 | 25

The International Human Rights Program at the University of Toronto Faculty of Law An independent student-led publication 2023–24 Rights Review Editorial Board Editors-in-Chief: Fatima Aamir (3L) and Duncan Crabtree (3L) Senior Editors: Hannah Beltran (2L), Jason Quinn (2L) and Vidit Desai (2L) Junior Editors: Manreet Brar (2L) and Daniel Edmeades (2L) Online Editor: Cassie Heward (1L)

ARMS AS AID

INTERNATIONAL ARMS TRANSFERS, LAW, AND HUMAN RIGHTS

By Jason Quinn (2L) It is an unfortunate fact that conflict has persisted throughout human history, but a recent global flareup indicates that the trend will continue. These armed hostilities have caused some of the world's worst humanitarian crises. As the global uptick in warfare highlights, there is still a pressing need for aid on a global scale. When you hear "foreign aid," what is your first thought? For most, the answer is likely food and water, medical supplies, or household necessities. In reality, the proliferation of international trade and resurgent inter-state competition since the end of the Cold War has led to foreign aid which increasingly includes weapons systems and military equipment. Therefore, participants in the global community will increasingly benefit from understanding the role arms transfers play in human rights, law, and foreign aid allocation.

With the extravagant cost of weapons production, military hardware can make up the bulk of aid a country receives. Take Ukraine as an example. The dollar value of foreign aid pledged to Kyiv since Russia’s invasion began in February 2022 is eye-watering. The United States (“US”) alone has committed over $75 billion to support the Ukrainians. Yet, 61% of the American commitment consists of military assistance, including weapons, equipment, and training. Critics of aid to Ukraine often fail to consider the diverse purposes behind dollar amounts featured in media headlines which could be humanitarian, military, or developmental.

A failure to understand the role of arms as aid can contribute to misguided notions of aid allocation, with valuable equipment transfers precipitating the view that significant dollar amounts equate to blank cheque monetary support. Subsequently, critics call for reducing the amount of vital aid to worthy recipients such as Ukraine. The Russia-Ukraine conflict is also an example of states providing lethal equip-

ment to a belligerent party, in this case Western Countries, without themselves entering the conflict, and this can be confusing from a legal perspective.

The legality of arms as aid in the modern world is a complex and inherently political issue. At the international level, arms transfers have been governed primarily by the Arms Trade Treaty (“the Treaty”) since December 2014. States party to the Treaty are required to regulate the export of a broad range of conventional arms and ammunition and annually report imports and exports. Notably, Article 6 of the Treaty prohibits arms transfers that would be contrary to international legal obligations or where the transferring state knows the receiver will use the arms in the commission of genocide, crimes against humanity, or other specific war crimes.

The Treaty has the potential to be an effective legal tool for preventing the misuse of foreign weapons and equipment in human rights violations. However, only 113 states have ratified the Treaty. While Canada has ratified the Treaty, it is problematic that the US and Russia—responsible for over half of the world’s arms exports—are not party to the Treaty. Additionally, states have gradually neglected their reporting duties under the Treaty, demonstrated by a steady decrease in the percentage of reports submitted since 2015.

Parallel to the Treaty, states have increased the establishment of bilateral weapons agreements between them and their partners. Such bilateral agreements are created between states to facilitate weapon sharing and rely heavily on the relationship between the parties, emphasizing the political nature of arms transfers. For example, democratic states have demonstrated a tendency to engage in bilateral arms trade with other democratic states, and the same trend occurs between autocracies. Bilateral

agreements give states the autonomy to trade arms how they want. More importantly, the Treaty’s regulatory requirements and prohibition on arms transfers facilitating harm are not an inherent feature of stateto-state weapons agreements, meaning there is a higher risk that weapons can be procured for nefarious purposes.

In many cases, arms transfers allow actors to perpetrate gross human rights violations they could not achieve without access to foreign arms and equipment. One key example of conflict perpetuated by arms transfers is the ongoing civil war in Yemen. The Yemeni civil war has been prolonged by foreign arms, displacing millions and massively increasing the number of excess deaths in the country. Canada, in particular, provides light armoured vehicles to Saudi Arabia in direct contravention of Article 6 of the Treaty due to their documented, albeit disputed, role in human rights violations linked to Saudi intervention in Yemen. Yemen is just one example of arms transfers contributing to human rights issues and includes parties to the Treaty, with countless other examples of weapons provided by non-party states deteriorating the humanitarian situation in conflict zones around the world.

Beyond specific examples such as Yemen, the list of the potential human rights impacts of arms transfers is broad. Adverse effects can include the diversion of resources from other valuable government expenditures, exacerbation of gender-based violence, exporters leveraging weapons supply as influence, and long-term environmental damage. Additionally, prolonged armed conflict can spill over borders and destabilize entire regions, especially where belligerent parties can see their opponents receiving external support. Collectively, the possible outcomes resulting from arms transfers can transcend numerous areas of human rights activism.

The intersectional impacts that arms transfers can have on human rights requires a comprehensive approach to addressing shortcomings in existing practices. There is a role to be played by governments, international organizations, civil society, and academia. Governments should remain committed to obligations under existing legal regimes such as the Treaty and prioritize alternative forms of aid aimed at development over weapons supply. Enforcement, a persistent struggle in international governance, will require international organizations to take greater steps to promote accountability. Beyond enforcement, providing incentives—such as promoting investment to countries with responsible arms transfer practices—can drive state compliance. Civil society must pressure governments and weapons manufacturers to adhere to obligations or ratify the Treaty.

Lastly, academia can educate citizens and governments on the impacts of arms transfers to ensure adequate human rights considerations are being made.

The surge in global conflicts highlights an urgent need for aid, but the role of arms as aid demands a reassessment. Proliferation of conflicts around the globe will provide new political and economic incentives to supply weapons, and the human rights impacts could be detrimental. The Arms Trade Treaty offers potential, yet its impact is hindered by incomplete global participation, notably with major arms exporters like the US and Russia opting out. As arms exacerbate crises, immediate action is imperative.

Governments must prioritize development-focused aid, international bodies must enforce obligations, and civil society should exert pressure for accountability. The wide range of consequences from irresponsible arms transfers demand a united front— failure risks a world where aid becomes a tool of destruction rather than salvation.

HOW CANADA CAN FIGHT BACK AGAINST FOREIGN INTERFERENCE A CONVERSATION WITH THE HONOURABLE MICHAEL CHONG

By Yasmin Rajwani (1L) and Jared Sloan (1L) Editor’s Note: This is part two of a two-part series written by Rajwani and Sloan. For part 1, see “Intimidated, Coerced, Silenced” in Vol. 25, Iss. 2 of Ultra Vires (Oct 2023) or online in Vol. 17, Iss. 2 of Rights Review.

In our previous article, we outlined the serious and multidimensional nature of transnational repression in Canada and conveyed the need for our government to take stronger measures to counter these foreign threats.

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One of the leading voices on this topic has been the Honourable Michael Chong, Member of Parliament for Wellington-Halton Hills and current Shadow Minister for Foreign Affairs. MP Chong graciously agreed to speak with us by phone earlier this month.

Our conversation has been transcribed below, with edits for brevity and clarity.

Q: Part of the reason you were invited to Washington to testify [before the Congressional-Executive Commission on China] is because you have experienced transnational repression per-

sonally. Can you talk a bit about your own experience and how it informs your perspective on this issue?

A: First off, my parents were both immigrants to Canada. My father came as a Chinese immigrant from Hong Kong in 1952, and my mother was a Dutch immigrant who came here in the 1960s. I mention that because millions of North Americans have a similar story, and the issue of transnational repression is often connected to the intimidation of family and extended family in authoritarian states. I

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suspect that as the number of people in Canada and the United States with family ties in other countries has expanded rapidly in recent years, so too have transnational repression threats.

In my particular experience, there was a People’s Republic of China (PRC) consular official in Toronto, just up the street from U of T Law School—by the way U of T is my alma mater as well—that was actively collecting information about me and my family, and my extended family in Hong Kong, and Continued on page 26

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The International Human Rights Program at the University of Toronto Faculty of Law An independent student-led publication

HOW CANADA CAN FIGHT BACK AGAINST FOREIGN INTERFERENCE CONTINUED FROM PAGE 25

By Yasmin Rajwani (1L) and Jared Sloan (1L) sending that information to the Ministry of State Security in the PRC for potential future targeting.

There have been other incidents as well that are suspicious, but I don’t want to get into the details because there are ongoing investigations.

Sanctions have become an increasingly used tool by both Western democracies and by authoritarian states, but for very different purposes. Western democracies have used sanctions to uphold the rules-based international order and to sanction individuals and entities that have violated it. Authoritarian states like the PRC have used sanctions to silence and intimidate people who are speaking up for human rights, democracy, and the rule of law.

So that’s another example of transnational repression [I’ve experienced], simply because I introduced motions that were adopted by the House of Commons concerning violations of human rights law with Uyghur Muslims in Xinjiang. Simply because I was speaking up about violations of the Sino-British Joint Declaration which was supposed to govern the people of Hong Kong for 50 years from 1997, I was sanctioned by the government of the PRC, which banned me from entering the PRC, and banned PRC entities and companies from having dealings with me.

Q: In your previous commentary, you’ve noted the value of looking to best practices that other states have implemented to address foreign interference and discussed how those might fit into Canada’s security agenda. Can you speak a bit more about what specific policy options are available and most valuable in addressing this issue?

A: There is no one magic solution to countering foreign interference. It’s a complex issue that has many different elements to it. It has to be a comprehensive approach that includes a range of tools.

Sunlight and transparency One of the most important tools the government should use is sunlight and transparency. Often governments are reticent to talk about foreign interference activities because it's often gleaned from intelligence, and the very nature of intelligence makes governments hesitant to release information to the public. I think that needs to change, and I think we’re starting to see democracies change their approach in handling intelligence and in disclosing it publicly.

Translating intelligence into evidence is difficult because there is an evidentiary standard for prosecution, whether it’s the Criminal Code or otherwise, and often intelligence doesn’t meet that evidentiary standard. Often, foreign interference threat activities don’t [amount to] a level where it would warrant prosecution. Nevertheless, it’s a corrosive and threatening act. In those circumstances, governments should go public with the information they have, which has been gleaned from intelligence, to arm the public with information about these foreign interference activities, so the public can equip and protect itself from these threat activities.

Whatever form these threat activities take—whether they are disinformation operations on social media, coercive and corrupt behaviour on the part of agents of authoritarian states, or other threat activities—sunlight and transparency is an effective tool. I think Western democracies need to become more open about the information they have so that the public is forearmed. We live in the information age, and governments haven’t yet quite understood how to handle all this information that’s coming in, so I think that’s one area for improvement.

Changes to the machinery of government We [also] have a problem in Canadian law with two differing definitions of foreign interference. The

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definition of foreign interference in Canadian law needs to be clarified through legislation…that’s deeply important. Relatedly, we need changes to the machinery of government in Ottawa to clarify the evidentiary standard required by law enforcement so that there’s no misunderstanding about translating intelligence into evidence. As it presently stands, the translation of intelligence to evidence isn’t as smooth as it should be because there are different understandings within law enforcement compared to our intelligence community about what those evidentiary standards are.

A foreign influence registry I think there’s [also] a need for a foreign influence registry. The United States has had one since 1938, Australia more recently introduced one about five years ago, and the UK just introduced one this past summer that’s being implemented.

We require individuals to register if they are working on behalf of a private corporation interfacing with government officials. I think it’s reasonable for the state to require individuals working on behalf of an authoritarian state to register their activities if they’re interfacing with public officials. The government has committed to introducing a registry but has yet to do so.

Better enforcement of existing laws There’s a challenge within our law enforcement about enforcing existing laws that relate to foreign interference threat activities. We do not have a good track record of prosecuting individuals who are engaged in coercive, clandestine, and often corrupt activities in Canada on behalf of an authoritarian state. Human rights non-governmental organizations (NGOs) have concluded that at least three individuals in Canada have been coerced back to the PRC by PRC agents operating here on Canadian soil. We know at least one of these individuals was highlighted last year in an unsealed indictment in a U.S. court in Brooklyn, New York […] In the U.S. government’s prosecution of another set of individuals, they revealed that there was a person in Vancouver who had been coerced to go back to the PRC under clandestine circumstances.

I think we can look at some of the recommendations from the Mass Casualty Commission and in the National Security and Intelligence Committee of Parliamentarians report that was just released. Both of these reports have concluded that the RCMP is failing to uphold its national security mandate and its mandate in federal policing because it is getting pulled in the other direction in contract policing in provinces outside of Ontario and Quebec. This has been a longstanding issue where the RCMP is engaged in law enforcement that really should be the responsibility of the provinces and the municipalities, which is distracting it from its core constitutional responsibility to uphold matters of federal jurisdiction, including interprovincial crime, national security crime, international crime, and the like. That core mandate is being negatively impacted because of the massive demand upon the RCMP to provide local policing in most of Canada’s provinces. So there, again, we need to sort out that machinery of government problem.

Q: We know that you are very familiar with the reports of all of how China allegedly attempted to interfere in our 2019 and 2021 federal elections. Our government has tried to reassure us that these were free and fair elections—how do you see that, and how should this be addressed moving forward?

A: There are a couple of issues. First, the government’s conclusions have been somewhat imprecise.

They initially said that they could not conclude that there had been an effect on the overall outcome of the election; notice how that’s different from saying that

there was no impact on the outcome of the overall election. I think it is safe to say that the PRC’s foreign interference in the 2021 election had a negative impact on the outcome of elections in a number of electoral districts, and I would put that number at anywhere from half a dozen to a dozen electoral districts. Now, it is difficult to measure the quantitative extent of that impact and whether or not it would have changed the results in those ridings. I would note, though, that the House returned another minority Parliament—very close to the results of the previous election—but which led to the Conservative Party leader being ousted… and one of the reasons was that no progress had been made in increasing the number of seats that Conservatives held in the House.

I think the other area of concern is that the protocols in place for the 2021 election did not allow the task force of senior public servants to release information about disinformation operations being conducted by the Chinese Communist Party during the 2021 writ period. Within Global Affairs Canada, there is a Rapid Response Mechanism unit, which is part of Canada’s G7 commitment to monitor and counter disinformation operations from authoritarian states. This unit was tracking in real-time disinformation that it concluded was likely from the Chinese Communist Party targeting a Conservative candidate named Kenny Chiu. That information was never publicly disclosed during the election. Our view is that the protocol needs to change so that information like that will be publicly released during the writ period and voters are then equipped to make an informed decision.

The other thing about elections is that some of the allegations about PRC interference in party nominations in Toronto, while they have yet to be proven, highlight a vulnerability in our political party system.

Our political parties are still largely run as private organizations and in a way, that’s not transparent and accessible to the public. As a result, I think we are susceptible to meddling and interference by foreign actors, particularly when it comes to the nomination of party candidates and the election of party leaders.

That is an area of our democracy which needs to be cleaned up because for too long, we have allowed this quasi-private system of party nominations to run in a way that is subject to abuse. It is worrisome when that abuse is done by Canadian citizens but even more concerning when it is done by hostile foreign states. So, we need to have a discussion about political party reform and how we make sure that party nominations and party leadership contests are run in a way that insulates them from corrupt, clandestine, and coercive behaviour.

Q: One of the stories we went back to—which you commented on in an episode of The Fifth Estate—is the CanSino vaccine deal, in which the vaccine candidate developed by CanSino [a Chinese company with ties to the People’s Liberation Army] was never shipped to Canada after we spent millions preparing to manufacture it at home. Can you touch on why that was so concerning, and how it goes to the importance of shielding key areas and technologies from foreign interference?

A: The experts in our intelligence community have told us for some time now that five sensitive areas of research are susceptible to threats from authoritarian states because of national security threats and because of the theft of intellectual property. Those five areas are telecommunications, quantum computing, artificial intelligence, biopharma, and clean technology. In that context, I think the Canadian government has been too lax in protecting our national security and our intellectual property. So, the vaccine deal with CanSino is troubling because it relates to one of those five areas: biopharma. I think the Canadian government needs to take much

ihrp.law.utoronto.ca/rights-review-homepage

more seriously the advice we are getting about these threats.

The Winnipeg lab is another example of lax national security; this is the top-level microbiology laboratory in Winnipeg, which is run under the government by the Public Health Agency of Canada. It handles some of the world’s most sensitive pathogens and viruses, and there were clearly national security breaches at that lab in recent years. Against security protocols, members of the People’s Liberation Army were admitted into the lab, which is a complete contravention of Canada’s national security policies.

Two of the scientists there have been terminated for these breaches. An investigation into what exactly happened is ongoing, and we await the results, but I think it’s clear there were serious breaches—and it appears there was also theft of intellectual property (IP). Canadian law is clear that any IP generated by a government official or by a government lab is the property of the Government of Canada and must be registered under Canadian patent law. The IP generated at that lab was registered by one of the fired scientists in the People’s Republic of China and not in Canada. So again, there’s an example of the nature of the threats we’re facing.

Q: You’ve provided a lot of insight on both your experience and why this is a broad threat to Canadians as a whole. Coming to this conversation as law students, we’ve also heard you state that this issue is a “pervasive threat” on university campuses. You’ve alluded a bit to the legal relevance of this issue. But why, if at all, should this be weighing on the minds of law students like ourselves and legal professionals across the country?

A: [This issue has] impacted the University of Toronto. There was a student election where a U of T student, Chemi Lhamo, won the election and she was active in promoting Tibetan human rights, and for that, she was subjected to harassment, threats, and intimidation coordinated through the consulate of the PRC on St. George Street. There was a similar situation at McMaster University in Hamilton, where a woman gave a lecture to McMaster students about the plight of the Uyghur Muslim minority in China, and for that, she was also targeted by coordinated action through the PRC consulate in Toronto.

Those are two examples that hit pretty close to home for U of T law students. What we have to understand is that we can’t allow these kinds of coercive threats to go unanswered. It’s not acceptable.

Since these threats are often very targeted, we can’t dismiss them because they don’t affect everyone else.

And I think the Government of Canada has a much bigger role to play. The Ambassador should’ve been called on the carpet and been told in no uncertain terms that this is unacceptable, and the second time it happened, diplomats should’ve been expelled.

In my particular circumstance, the only reason why the diplomat got expelled in Toronto was because it was published on the front page of The Globe and Mail. The government had known since 2019 that this individual was wrongfully collecting information about me from the PRC Consulate in Toronto. It wasn’t until it was published on the front page of The Globe and Mail that the government took action. They should’ve taken action as soon as the information came to their attention. The same thing goes for these threat activities directed at U of T and McMaster University students. The Government of Canada has a big role to play here too in making it clear to authoritarian states with representatives here that there are certain lines not to be crossed[…] I think we’ve been too passive in defending Canadian interests here at home.

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The International Human Rights Program at the University of Toronto Faculty of Law An independent student-led publication

LA DNUDPA ET LA LOI 96 LE CANADA DOIT-IL INTERVENIR DAVANTAGE?

By Duncan Crabtree (3L)

En 2021, le Canada a officiellement adopté la Déclaration des Nations Unies sur les droits des peuples autochtones (DNUDPA).

Québec. Contrairement aux impositions éducationnelles de la loi 101, la loi 96 n’exclut pas les peuples Indigènes directement.

C’était un événement marquant pour la réconciliation entre le gouvernement canadien et les peuples indigènes du Canada. Notamment, le gouvernement fédéral a renouvelé ses efforts pour fournir de l’eau potable aux communautés indigènes. De plus, en 2022, le Canada a reconnu officiellement que le respect des droits des indigènes à l’étranger est impératif et reconnu ainsi parmi les entreprises canadiennes basées à l’international. Toutefois, il faut que le Canada continue ses efforts afin de soutenir la réalisation de la DNUDPA, particulièrement à l’intérieur de ses frontières.

La loi 96 exige que chaque étudiant(e) collégial réussisse « trois cours données en français » (excluant les cours linguistiques ou l’éducation physique), qu’il/elle ait un niveau de français écrit qui satisfait les exigences du gouvernement québécois et qu’il/elle connaisse le français suffisamment à l’avis du gouvernement québécois.

L’Assemblée nationale du Québec a adopté le Projet de loi 96 (la loi 96) le 24 mai, 2022. Cette loi vise la protection de la langue française au Québec. Cependant, ce but méritoire n’assure pas le respect du droit des peuples indigènes de « développer et de transmettre … leur langue » que la DNUDPA affirme par son Article 13. Ce commentaire vise donc à analyser le défi de promouvoir la réconciliation dans le contexte de la protection de la langue française au Canada.

La loi 96 En 1977, le Québec a adopté la Charte de la langue française, surnommée la loi 101. Celleci a été récemment modifiée par la loi 96. La loi 101, telle qu’elle est rédigée, exclut les peuples indigènes de ses exigences liées à l’enseignement en français pour les étudiants en maternelle, aux primaires et aux secondaires.

La loi 96, de sa part, ajoute des exigences linguistiques pour l’enseignement collégial au

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L’entente avec le CBJNQ Comme la Cour suprême du Canada nous indique dans LSBC c. Andrews, les lois neutres ont souvent la capacité de promouvoir les inégalités sociales actuelles. Le Québec a reconnu ce risque avec la loi 96 et a entrepris une mesure importante. Le Québec a établi une entente avec un grand nombre de personnes indigènes au Québec : les premières nations qui font partie de la convention Baie-James et du Nord québécois (CBJNQ). L’entente exclut ces peuples indigènes des nouvelles exigences linguistiques dans le système collégial du Québec. Malgré cette mesure importante, le gouvernement québécois inclut toujours certaines communautés indigènes parmi les impositions linguistiques de la loi 96.

Importance et la résistance En Ontario, il est difficile de comprendre l’impact de cette loi à travers un système collégial. Les règles ne touchent pas le système universitaire québécois. Au Québec, pourtant, il faut constater que 70.9% des étudiants secondaires vont directement aux Collèges d’enseignement général et professionnel (cégeps) après l’école secondaire.

Ces règles affectent donc beaucoup d’étudiant(e)s indigènes pour des raisons particulières. Notamment, le Conseil en Éducation des Premières Nations (CEPN) souligne que ces étudiants parlent fréquemment l’Anglais comme leur première langue et leur langue traditionnelle deuxième. Donc, un niveau de français obligatoire est un défi additionnel, selon le Kahnawà:ke Education Center, pour des communautés qui luttent déjà à protéger leurs propres langues et cultures. Le tout sans considérer que, comme le CEPN nous démontre, ces communautés se souviennent des efforts assimilationnistes de plusieurs gouvernements canadiens, dans le domaine de la langue, remontant jusqu’à au moins les années soixante.

le Canada a une responsabilité d’agir pour protéger ces droits linguistiques, incluant ceux des peuples qui ne sont pas compris dans le CBJNQ.

Pour résumer, la loi 96 est un « pas en arrière ». Un pas en arrière non-intentionné, mais un recul tout de même. Par conséquent, les communautés qui se sentent menacées ont déjà commencé leur résistance. L’Assemblée des Premières Nations du Québec-Labrador a soumis une contestation juridique auprès de la Cour supérieure du Québec en avril 2023 qui n’a pas encore de décision.

Le Canada fait face à de nombreux défis. Le Québec a invoqué la clause dérogatoire pour soutenir la loi 96. Ainsi, le Canada ne peut pas contester la loi en employant la section 15 (égalité) de la Charte des droits et libertés. Le Québec a aussi le pouvoir de rédiger ses propres lois sur l’éducation. Cependant, le Canada peut intervenir davantage. Il pourrait adopter une loi qui renforce le droit des peuples indigènes d’obtenir une éducation dans la langue de leur choix et d’essayer de la défendre sous la doctrine de la prépondérance fédérale. De plus, il pourrait nommer un fonctionnaire qui a comme mandat de superviser les responsabilités canadiennes sous la DNUDPA. Notamment, le gouvernement a déjà nommé un fonctionnaire pour surveiller l’adhérence à la DNUDPA par les entreprises canadiennes basées à l’étranger. Ce fonctionnaire pourrait collaborer avec le Québec pour établir des modifications de la loi 96 qui accèdent aux responsabilités canadiennes sous la déclaration.

La responsabilité du Canada

Conclusion

Puisque le Canada considère la DNUDPA comme parmi ses propres lois, notre pays reconnaît que « Les peuples autochtones ont le droit de revivifier, d’utiliser, de développer et de transmettre aux générations futures leur histoire (et) leur langue » (Article 13). La DNUDPA ne limite pas ce droit aux peuples qui ont négocié déjà des ententes avec les états dans lesquels ils se trouvent. Elle clarifie que les droits qu’elle protège sont « intrinsèques. » Considérant ses obligations sous la DNUDPA,

En conclusion, les communautés indigènes nous démontrent clairement les défis que la loi 96 leur impose. La création de ses défis n’était pas l’intention du gouvernement québécois en rédigeant la loi. Toutefois, le Canada s’est engagé à respecter la DNUDPA et il ne peut donc pas sacrifier les droits qui sont dus aux peuples indigènes. La responsabilité ultime réside avec le gouvernement fédéral pour assurer, sans exception, le développement et la transmission des langues indigènes au Canada.

ihrp.law.utoronto.ca/rights-review-homepage

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DIVERSIONS

28 | November 30, 2023

ultravires.ca

Intra Vires

Totally real news from a burnt-out and buggy Faculty of Law FIEVEL LIM (3L) AND CHRISTINE WANG (3L JD/MBA)

SNAILS infestation is out—BEDBUGS are in Good news! There have been no recent reports of SNAILS infestation in the Jackman Building. The bad news? The bedbug infestation has begun. In the absence of their natural predator, the SNAIL, bedbugs (or at least just the one (1) bedbug) have begun swarming Jackman, beginning with the most sacred site: Bora Laskin Law Library. The library was shut down for 24 hours last week to eliminate these pesky little invaders from a main-level study room. Doctor’s orders: no more studying in the study rooms!

Bay Street firm deeply offended at being put in a 10am in-firm slot Everyone knows that you must schedule your in-f irm lover for the 8am time slot on the Monday morning to get your best chance of getting that “I do” at Wednesday 5pm. Rumour has it that one slighted f irm, in a jealous rage at being slotted at 10am, immediately stopped all the phone lines and wallowed for 10 minutes before resuming calling the chosen candidates. I wouldn’t be surprised if they got an “I don’t” on Wednesday night…yikes!

The real key to success in law recruits? Your fists The recruit stats are in, and no, it’s not the stats you’re thinking of ! The UV statisticians have analyzed the data, and recruit success has been the most highly correlated to—you guessed it—success as a hardcore streetf ighter! 1Ls and 2Ls have been seen in the atrium practicing their best quick-jabs and kicks as they prepare for the new and improved OCI format: a boxing ring. One f irm has leaked

that a partner may literally beat you up if you don’t drop 10 f irst choice language words in your opening sentence. Welcome to the big leagues, kid.

Inaugural law students olympics set to begin As students start gearing up for f inal exams, a different sort of competition is gearing up within the law school: the Olympic Competition of Impressing the School. Finally, the SLS has come up with an opportunity to let those keeners who pose 20+ hypotheticals in each class to really shine! The upcoming olympiad is expected to include a ‘longest outline’ competition (rumours suggest that one student’s outline is literally just the textbook), a statue carving contest of professors (we are unsure how this will help with anything), and a cheese pizza eating contest (to prepare yourself to shock and awe at literally any law school event). And the best part? The winner of this olympiad will get two whole semesters of a Bevi subscription!

Halloween Party turns out to be actually a party Contrary to the opinion of UV published in the October issue, the SLS Halloween Party turned out to be actually… a party?! Unfortunately, due to the tremendous clout that Intra Vires carries, one student who took our October advice on networking at the Halloween Party was sorely disappointed to f ind that it was literally a party, and not a networking event. Sources claim that this student had allegedly brought 50 copies of his resume to the party, and almost won the costume contest for being a convincing “desperate job-seeker.”

A FAREWELL TO LOGIC GAMES. CREDIT: CHRISTINE WANG

UV is currently being sued for emotional damage and loss of employment. Does anyone know a good lawyer?

Logic Games funeral held in Flavelle Bereaved students gathered in the atrium earlier this month upon learning of the passing of our most beloved section on the LSAT: the Logic Games. One grieving STEM student commented that this was their “saving-

grace” on an exam otherwise inundated with essays about historical f iction and stories of avant-garde art exhibits. “This was the only section that I even understood,” one student commented, in between bouts of crying.

“What will the STEM children do now??”

Needless to say, although students are glad that the exam will now be 30 minutes shorter, this section will be sorely missed.

Interview with a Bed Bug No, not a ladybug EMMA DAVIES (2L) This past October, every law student at the University of Toronto received a shocking email: exactly one (1) bed bug was spotted in room P228 of the library. This bed bug quickly became one of the most talked about people at the law school.

It was even the source of inspiration for a Halloween costume at last month’s SLS event.

I sat down with the controversial figure at the esteemed Terima Café to gain insight into his time at the law school thus far. After a tongue-incheek comment on the disappointing quality of the baguette he purchased for an economical $15 from Terima (he says he was “spoiled” on a recent trip abroad), we dove into what would become one of the most formative conversations of my life.

probably stigma or unpopularity. It’s one of the reasons I agreed to do this interview. I’m hoping to shed some light on the positives of being close with a bed bug. We’re loyal in that we will stick with you; we’re adept at building big communities; and we’re inclusive. We’ll hop on to pretty much any fabric!

E.D.: In keeping with the theme of building community, how are you hoping to make your mark here at the law school?

B.B.: Well, I thought we had a presumption of innocence, but clearly that’s not the case. [He laughs]. But seriously, I have been reading up on defamation law. When you’ve had as many bad things said about you as I have, you start to get concerned. Although, part of the issue is that they’re all true! Love me or hate me, I’m always going to be myself.

E.D.: That kind of self-awareness is admirable. What has surprised you most about law students?

Emma Davies [E.D.]: Hi Mr. Bug. I know you have a packed schedule, so I want to get right to the important questions. What’s the biggest issue facing bed bugs today?

B.B.: Aside from little spots on the wall? I’m considering creating a sister event to J’s Java called BB’s Beans. I think it would be a great way to bridge the human-bug divide. A cup of joe between colleagues goes a long way in improving relationships. I’m also thinking we should start a mandatory blood drive, for no particular reason. I would be more than happy to help administer it.

B.B.: At first, I was confused about how much they seem to dislike snails. All the snails I hang out with are nice guys—family guys. They like to take things slow, which I appreciate in such a fastpaced world. I only realized later that it was an acronym for “Students Not Actually In Law School.” And on that point, I agree. Where’s the pest control for the undergrads, am I right?

Bed Bug [B.B.]: Please—call me Bed, Mr. Bug was my father. And to answer your question,

E.D.: What have you learned about the law since being at the faculty?

E.D.: Speaking of pest control, how did you feel when the exterminators were called on you?

B.B.: That was—[he composes himself]. It was a hard day. Can we go to the next question?

E.D.: Sure, let’s end on a positive note. Bed bugs have recently been spotted on the TTC. Do you have any words of encouragement for them?

B.B.: I would say just keep going. A lot of people in our community think that the TTC is amateur hour for bed bugs. But everyone has to start somewhere. Some people might say that there are no beds on the subway, but anything can be a bed if you have the right ‘grindset’ [he taps his head with one of his many arms]. Who knows, one day those bugs might be seen at a CRA building—or hey, even a law school.

Editor’s Note: The views expressed by Bed Bug are his own and do not reflect the views of the interviewer or UV. Author's Note: I’d like to thank Jason Quinn (human), Mina Alam (also human), Julianna Lyon (again, human), and Bed (bug) for their help with this interview.

DIVERSIONS

ultravires.ca

November 30, 2023 | 29

Employer Dinner Policy Tier List Where does your employer rank?

TAYLOR RODRIGUES (3L) Un-fun fact: law yers, articling students, and law students, like some other professions, are not entit led to most of the basic employment r ights under the Ontario Employment Standards Act due to s. 2 of Ontar io Reg ulation 285/01. Unlike most workers, they are not entit led under statute to basic r ights such as a minimum wage, paid overtime, meal breaks, holidays, or time of f work.

However, some law students, articling students, and lawyers are able to obtain all of these basic employment rights via contract and more! Sadly, some secure none. Others achieve partial success.

Legal employers have no statutory obligation to provide dinner to their employees when they are working late, but many choose to do so in order to incentivize employees to work late at the off ice and focus their time on billable work instead of cooking. Employers’ dinner policies vary from the boujee to the non-existent. Here is an authoritative and scientif ic ranking of them all.* S -Tier The Boujee Café This is the stuf f of Canadian dreams and American tech workers’ realities. Companies like FA A NG ( Meta (formerly Facebook), Amazon, Apple, Netf lix, and A lphabet (formerly Google)) have on-site cafeterias with countless high-quality options. While of f icial numbers cannot be found, some Googlers report over 30 dif ferent places for employees to dine at on Google’s main campus.

The meals are free, so there is no need to worry about delivery apps or expense reports. They are also highly convenient. You don’t even have to leave the campus. And they always have different cuisines on rotating seasonal menus, so you don’t get tired of them.

I have no critiques.

A-Tier The Catered Meal Each weekday, employees are offered several dinner options from a rotating menu. If you are working late, you can select one option and at dinner time, it is delivered to your off ice or kitchen. No need to pop out of the off ice or meet a delivery person. That brief encounter with a food delivery driver is always awkward anyway!

The meals are healthy and tasty, but you only get a couple options each day. Some might complain about the lack of options.

However, if you are working late, you probably have decision fatigue. So, the lack of options will probably feel like an unexpected blessing.

B-Tier The Food Delivery App Credit You automatically get an Uber Eats, SkipTheDishes, or DoorDash credit applied to your account if you are working late at the off ice. The credit can be used for delivery or pickup.

All three apps are essentially carbon copies of each other and have access to the same restaurants. The only notable differences are that a few restaurants are exclusive to one app and that if your employer uses SkipTheDishes, your meal credits can slowly earn you Skip Rewards.

The huge variety of food options on the apps is the biggest pro. However, two signif icant cons bring these down to the B-Tier.

First, most employer app credits have not caught up with inf lation. It’s hard to f ind a dinner on Bay Street within the bounds of your app credit. To be sure, you can pay the difference out of pocket, but it’s still annoying when you’re working unpaid overtime at the off ice and already bought a dinner that is sitting at home.

Second, if you are trying to grab dinner past 6pm in the Financial District, you are probably going to have to walk a fair bit because of foot traff ic and needing to coordinate with your food delivery courier. This takes time away from f inishing up your work and f inally going home.

C-Tier The Ritual Credit You automatically get a Ritual credit applied to your account if you are working late at the off ice. But Ritual only offers pickup.

Ritual, like the other apps, has a good selection of restaurants. Similar to SkipTheDishes, using your employer dinner credits slowly earns your Ritual Rewards you can use for meals when you are not working. You can also earn Ritual Rewards by offering to “piggyback” orders: i.e., bringing back your coworker’s meals from the restaurant when you pick up yours.

The lack of delivery options pulls Ritual down to the C-Tier. Unless you can piggyback on a coworker’s order, you have to go out and pick up your own dinner, which signif icantly limits your options to what is close by.

The Expense Reimbursement You can order delivery or pickup dinner from anywhere but need to keep your receipt and f ile an expense report. While the f lexibility of this option initially sounds appealing, pretty much anywhere you would want to order from is on the other apps. Too many options can also lead to analysis paralysis, especially if you are tired from making decisions all day.

The pain of f iling an expense report for every dinner brings this down to the C-Tier.

Having an assistant to f ile the expense reports makes it better. But you still have to keep and

organize your receipts and make sure you are reimbursed. You don’t have to worry about reimbursement when your employer just gives you an app credit.

D-Tier The Ad Hoc Dinner Policy If you are working late at the off ice on a group project, it’s likely that a Partner or Senior Associate will buy the team dinner. But if you are working late at the off ice by yourself, tough luck! Hopefully you brought a big lunch.

The ad hoc dinner is often just pizza or Chinese food, but at least it’s a free dinner (although

there is no such thing as a free “lunch”).

F-Tier No dinner policy A lack of policy is also a policy. You never get dinner no matter how late you work, how often you work late, or how much unpaid overtime you do. Clearly F-Tier.

Even worse if you work for certain employers that try to guilt you when you ask for some cheap takeout or even a dinner break. *Editor’s Note: This tier list is neither authoritative, scientific, nor exhaustive.

Ultra Vires Presents: Dancing on Your Day Off! Songs to unwind to: with friends or on your own!

SARA ESAYAS (1L) This playlist is what you put on when you’ve submitted all your f inal assignments or completed your f inal exams and want to celebrate, or when you want to pretend that you’re done! Give it a spin when you want to put life and law stressors aside for a couple of hours, or maybe even a day or two!

This playlist features: Troye Sivan, Solange, Tinashe, Remi Wolf, Little Simz, and Victoria Monét.

DIVERSIONS

30 | November 30, 2023

ultravires.ca

Totally Real Exam Questions (Taylor’s Version) Getting ready to go back to December FIEVEL LIM (3L) AND VIVIAN LI (3L) Evidence Law Over dinner and a glass of wine, Taylor’s good friend, Este, tells her that she suspects her husband is cheating. Este expresses that she would like revenge on her husband, but is unsure of what actions to take. Taylor tells Este not to worry about it.

A few days later, Este’s husband mysteriously goes missing. He was last seen with his secretary.

When questioned, the secretary tearfully confesses that she and Este’s husband had been seeing each other for the past year. She also tells the police that right before Este’s husband went missing, the two of them went on a secluded picnic in the woods beside the local lake. The husband’s body was never found.

Three months after the disappearance, Taylor releases a song on Spotify in which she seemingly

confesses to murdering Este’s husband by drowning him in the local lake. The song’s lyrics, which start with Este’s suspicion about the affair and end with a plan to frame the secretary for the disappearance, specifically mentions facts that were known to the police but have not been released to the public. However, the song also deviates from real life in certain ways. For example, in the song, Este was murdered by her husband, but in real life she has since moved on to marry a very wealthy man.

There is no other evidence tying Taylor to the husband’s disappearance. At the secretary’s criminal trial, defence counsel wants to introduce a) Taylor’s initial statement to Este to “not worry about it” and b) the song lyrics. Advise Taylor as to the likelihood of each of these statements being admitted.

Tort or No Tort?

The return of a classic column AMY KWONG (3L) I walk into the Atr ium only to see couples cuddling on the sofas and being happy in full daylight. The audacit y! Not only does this distract me from my singleminded focus on the equitable pr inciples of trusts, but it also draws attention to my pathetic social life and the fact that the only cuddles I’m likely to get are from bedbugs. TORT or NO TORT? The lines for the women’s bathrooms reach a fever pitch dur ing lunchtime, when I am forced to wait up to 10 minutes for an empt y stall. This is a clearly foreseeable harm, as there is a grand total of six (6) stalls in the basement bathroom for a school of 640 students, 58% of which are women. TORT or NO TORT? By not being an A mer ican law school, U of T is af fect ing my odds of land ing a New York job. I am hopelessly outOCI’ed by st udents who attend t he real Har vard rat her t han t he “Har vard of t he Nor t h.” I a lso don’t k now any t h ing about Delaware and refuse to lear n. TORT or NO TORT? W hile tak ing the T TC to school, I saw a prof in the same subway car as me. A lthough I pretended not to see them and staunchly avoided all contact, I had to

walk behind them all the way from Museum station to F lavelle. Plus, I now have to live w ith the knowledge that they ex ist as a real person outside of the law school, not just a talk ing head who exists only w ithin the boundar ies of 2pm- 4pm on Mondays and Wednesdays. TORT or NO TORT? 3L exists. TORT or NO TORT? Last Tuesday, I had an 8:30am class followed by a 10:30am class, which was then followed by a lunchtime club meeting, all of which took place in basement classrooms. A s a result, I did not see a w indow for six of the eight hours dur ing which the sun is out, and I am likely developing a case of seasonal af fective disorder (SA D!) that even the librar y sun lamps cannot cure. TORT or NO TORT? At the beg inning of the year, we returned to campus only to f ind that the vending machines were moved from the f irst f loor to the basement. A lthough I initially dismissed this as a quirky summer change, I have now calculated that this relocation has forced me to go up and down an extra set of stairs approximately 48 times to get my daily meal of Diet Coke and g ummy worms. TORT or NO TORT?

Contract Law Completely unrelated to the missing person allegations, Taylor is preparing for her upcoming Canadian tour and has made a series of sequential tweets: “Canadians who sign up for presale will get a seat in the upcoming shows.”

“There’s only a small fee!”

“Anyone named Kelsey can also get in for free.”

Unfortunately, on the day of the pre-sale, ardent American fans swooped in, jammed up the ticketpurchasing website, and bought all the tickets for the Canadian leg of the Eons Tour. Tickets now retail starting at $2500 for even a partially-obstructed seat.

Canadian fans are now in an uproar, and fans are looking to sue for a breach of contract. One fan, Kelsea, is particularly outraged, arguing that

the tweets definitely constituted a contract, and that Taylor should be liable for a breach of contract. Kelsea argues that the first tweet constituted a guarantee that Canadians who signed up would be able to get into the website to buy tickets. She also wants to argue that she should get the tickets for free based on the third tweet. Taylor’s lawyer, Mo Ped, counters that the three tweets were separate and had no relation to each other. Additionally, Mo argues that tweets cannot form a contract as fans knew all too well that Taylor would never make such an offer.

Please discuss the likelihood of success of Kelsea and Mo’s arguments.

Bonus question for upper year students: If Taylor is indeed liable, do the American fans hold the tickets on constructive trust for the Canadian fans?

Torts Illustrated: A Fantasy Football Column How to come last in fantasy football JEREMY JINGWEI (3L) Disclaimer: Any reliance you place on the information below is strictly at your own risk. Economic (and emotional) losses suffered while managing your fantasy football team are therefore yours to bear.

Anyone who knows me knows that I am not good at fantasy football (some would even say I’m a terrible fantasy football manager). As much as I’d like to blame my lack of success on bad luck, I’ve come to realize that I am really good at one thing—consistently planting myself in the bottom half of the league.

There’s an old saying that goes, “It’s harder to come last than first” (attributed to some U of T Law student named Jeremy Jingwei). So, this month, we will explore four easy ways to do the hardest thing in sports: come last in your fantasy football league.

Author’s Note: I realize we quickly pivoted from fantasy hockey to fantasy football. Don’t you worry: our regular fantasy hockey programming will be back in the next issue.

1) Draft based on your favourite (terrible) NFL team Does your favourite NFL team have a quarterback that should be playing in the CFL, receivers that can’t catch a football, a running back averaging three yards per carry, and a defense that couldn’t stop a nosebleed? Draft them all. Does your favourite team’s division rival have great players? Don’t draft them on principle—it shows a lack of loyalty.

Who I ended up with: Kenny Pickett (PIT), Jaylen Warren (PIT), Najee Harris (PIT), Diontae Johnson (PIT)

2) Start inactive players Many fantasy football pundits swear by the ageold principle: “Start your studs.” I agree. Star player is on bye week? Start him. It’ll intimidate your opponent. Star player on IR? Start him. At least they won’t put up negative points when they’re inactive, right?

3) Drop players one week before they blow up Are your drafted stars off to a slow start? Is there a washed-up veteran RB on the waiver wire? Want to pick up a second kicker? Sounds like a match made in waiver-wire heaven.

Who I dropped: Dalton Schultz (HOU), Zach Charbonnet (SEA) 4) Overreact Perhaps the most important step in finding yourself at the bottom of the barrel is to overreact to any and all things. Filter your waiver wire by who scored the most points in the previous week, and make your selections accordingly.

Who I added: Luke Musgrave (GB), Jaleel McLaughlin (DEN), Hunter Henry (NE), Kendrick Bourne (NE) Author’s Note: If your fantasy football league has a cruel and unusual punishment for coming last place like mine (I’ll be spending 24 hours at Denny’s following the conclusion of this season), please forget this article for your own sake.

PUZZLES

ultravires.ca

Spiral Crossword Use the Forward and Backward clues to complete the spiral. Every letter is used in at least one forward and backward answer.

RONAN MALLOVY (3L JD/MA ENGLISH) Backward

Forward 1–5 5 – 10

11 – 15 16 – 21 21 – 24 25 – 31 32 – 37 38 – 42

43 – 48

49 – 56 55 – 59 60 – 63

64 – 70 71 – 75 76 – 82 83 – 89 90 – 95 96 – 100

Les _____-Unis Award winning podcast hosted by Sarah Koenig True counterpart Mexican cornmeal dish “Oh my!”

“Sweet Home _______” Inside ______ Davis Somewhat denigrating term for Jaden Smith and Lily Rose-Depp, among others Term for bad movies on an online review aggregator Place for a ping pong table Symbol for electrical resistance Suite Life of Zack and Cody actress Brenda Insecure and Barbie actress Cold brew variety Apprentice Did a popular 2017 dance move Got 100% on a test South American pig-like mammal

100 – 98 98 – 94 93 – 87 86 – 80 79 – 74 73 – 68 67 – 62 61 – 57

56 – 52 51 – 46 45 – 41 40 – 36 35 – 32 33 – 29 28 – 25 25 – 21 20 – 17 16 – 12 11 – 7 7–1

Tombstone acronym Actress and singer LuPone The 70s and 80s Terminology for musical intervals Lethargy Hearing deficiency, idiomatically Allocate Indigenous nation that is the subject of the film Killers of the Flower Moon Demi or Julianne Attractive object Anatomical center of mass Bygone Canadian monetary unit Water source Animal homophonous with 20 – 17 Ontario cottage country community Old saying Buddhist spiritual leader Alternating current pioneer Pizzazz Say again

Explore | Engage | Learn Developing Future Leaders in Law

November 30, 2023 | 31

PUZZLES

32 | November 30, 2023

The Ultra Vires Crossword EVA BOGHOSIAN (2L) AND NOAM EPSTEIN ROTH (2L)

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Across

Down

1 Lou Gehrig’s disease 4 Word following American and teen 8 Repeat 12 Life, to a Parisian 13 Jim Halpert’s division 15 Faint 16 Zeta follower 17 1983 Eurythmics hit 19 Breakup recovery tactic 21 Kidman and Jackman’s home, for short 22 Polynesian Wreath 23 Identify the source of 24 Chess tactic 25 Word before out and Capp 26 The White House’s ___ room 27 2014 Taylor Swift hit 30 Where Jackman students might answer the phone 31 A ways away 32 Homes to the smallest bone 33 1968 Beatles hit 36 Mendelian subjects 38 Stark pet 39 Apt anagram 42 1993 Breeders hit 45 Unadulterated 46 Mtn. stats 47 Giving evasive answers 48 Aid for packing or shopping 49 “Told you!”

50 MK-ULTRA culprit 51 Hooked needlework 52 1992 Neil Young hit 56 Pulp Fiction’s Mia 57 Elijah alternative 58 Word following common and sixth 59 Stonefruit commonality 60 Leave a mark 61 Material problem 62 Opposite of NNW

1 Turned away (one’s eyes).

2 Not symbolic 3 Marine fish 4 Something “spotted” on an exam, hopefully 5 Breaking ___ (2008) 6 Industry-standard display technology 7 Harper or Spike 8 Fleecy female 9 Freight train section 10 High school course, informally 11 Fair game 14 Tide pen target 15 Sincere, in text-speak 18 East Bay Funk or Tomahawk 20 Mo. with an opal birthstone 24 Don Valley, for one 25 Child’s addiction 27 Juilliard or Berklee deg.

28 LAL Staples Center roommate 29 Feudal worker 31 “There’s more…”

33 Prohibitions 34 NBA great Manute, or his son 35 Queasy, say 36 Libation with Indian and American varieties 37 Type, as a PIN 39 “Give me ten” of these 40 Goddess of the hunt 41 Having a valid will 42 Left the tables for the night, with “in” 43 “JAG” spinoff with Mark Harmon 44 Dinghies or schooners 45 Insta post 48 Solitary sort 50 These, to a Quebecer 51 Cup alternative 52 Parks or Luxemburg 54 Large vessel 55 Fundraiser on the first Monday of May

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