ULTRAVIRES.CA
JANUARY 30, 2019
VOL. 20, ISS. 4
THE INDEPENDENT STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW
How to Get Ahead @BoraLaskinsHead shares thoughts on law school and life
JAMES FLYNN (1L) was early in the morning. The library was still not open, but Waddams didn’t know it. Head slightly bowed in deep contemplation of the blasphemous error, Waddams was clearly going to hit the closed doors. A law student rushed into his path to stop him, but needed to pretend that the interruption was to ask a question about something concerning public policy in damages awards. The poor student stood there listening until the library opened. Another hero. UV: Legal observers often say you were ahead of your time. How do you feel now that you are a head of our time? BLH: These perspicuous legal observers are certainly correct. But I would prefer not to say that I was ahead of my time. My time was behind me. Now… well, now I am certainly a head (as you note). UV: At times, the legal profession can be challenging. What challenges did you face during your career? How did you overcome them?
@BORALASKINSHEAD (LLB ‘36, LEFT) IS INTERVIEWED BY JAMES FLYNN (1L, RIGHT). PHOTO CREDIT: HONGHU WANG (2L)
Bora Laskin was born in Fort William, Ontario, on October 5, 1912. Laskin earned a Bachelor of Arts in 1933, a Master of Arts in 1935, and a Bachelor of Laws in 1936, all from the University of Toronto. He also received a Master of Laws from Harvard Law School in 1937. Following a long academic career, he was appointed to the Ontario Court of Appeal in 1965 and then to the Supreme Court of Canada in 1970, where he served for 14 years. From his perch outside the library bearing his name, Ultra Vires spoke with @BoraLaskinsHead to get his thoughts on law school and life. Ultra Vires (UV): You joined Twitter in April 2015. What prompted you to share your thoughts on that platform? Bora Laskin’s Head (BLH): I wanted the Supreme Court of Canada to join Twitter, so as its leader, I led the way. In July 2015, they followed. Their account claims that they are not “Following” anyone, but it is an implied term that they follow me. We all know that. They “direct message” me a lot of questions. I suppose they think I am still on the payroll. Though flattering, it can irritate. Especially if I am trying to read whatever @UTLaw is superproudly tweeting that day, only to be interrupted with a message from @SCC_eng asking for clari-
fication about law they ought to know. It is all there in my judgments. They just need to read what I wrote and extrapolate. Yet they insist on asking. Not to worry. I will block them shortly. UV: You were born in Fort William, Ontario and finished your career at the pinnacle of Canadian legal life. What are some of the most interesting things you have seen? BLH: Oh, I have seen a lot. But the definition of interesting changes over time. The humorous is always interesting. I once saw [Chief Justice Brian] Dickson criticize his clerk for citing a decision which was “certain to be overruled within four years” and should “only be cited in a memo for the purpose of mocking it.” And then this brave clerk—my hero—gently pointed out that Dickson wrote the majority opinion. It was a wonderful day. Intellectual brilliance is still interesting, which is why I re-read my judgments, but lately I have been eager for the human experience and imaginative sympathy. A small example: Some recent day, [Professor Stephen] Waddams walked past me at a quick pace, mumbling something about an early edition of his contracts textbook omitting some English case from four hundred years ago. It
BLH: I had great difficulty finding an articling position because I was Jewish, despite my stellar academic achievements. And other similar discouraging moments in my life. Any rejection or negative evaluation, whether through applications or grades, is disheartening. But I learned to delicately balance the judgment of others with my own self-assessment and vision. I did not suddenly transform into a Supreme Court Justice on March 19, 1970. The future Justice was in that young law student who loved the law. Who knew? No one. But I sensed something. UV: What advice do you have for U of T Law students looking to get ahead of the curve? BLH: Seek material to satisfy earnest interest. Take courses that you care about. If they are required by the law school or by law firm pressure, at least learn to love something about them—something delightful in the learning process. It’s the same with life. All our lives have elements of the uncontrollable—experiences, people, contexts we did not request. They ask something of us or challenge us to be more. Only the lucky few figure out the great convergence— when the difference between what you ask of life and what life asks of you can’t be told. This interview has been edited and condensed for clarity and length. Follow @BoraLaskinsHead on Twitter.
The Demise of the Journal of International Law and International Relations Faculty shuttered JILIR despite student protests after the Munk School pulled support MELODY CHAN (1L) Last year, the Faculty of Law of f icially discontinued the Journal of International Law and International Relations ( JIL IR). A joint publication with the Munk School of Global A f fairs (now the Munk School of Global A f fairs and Public Policy), the journal published 13 volumes in its 14 year run featuring articles from professors, policy-makers, and students about the intersection between the two f ields of research. The decision to cancel, according to Assistant Dean Sara Faherty, was the result of a year-long discussion within the law school after the Munk School decided to end their partnership in 2016. While the faculty deliberated for another year, they eventually concluded that the Munk School had pulled their support for good reasons. Due to a growing volume of research and interest in what was once a niche area, the leadership at both schools reached the decision that there was no longer a need for a space dedicated to debate on topics that were being subsumed into the f ields of law and the rapidly expanding f ield of global af fairs. “The facts made it inevitable to a certain extent,” Faherty said. “Our little journal had a good reputation but people would rather get published in the big journals of both f ields that were now accepting cross-f ield work,” she said. A nne-Rachelle Boulanger (4L J D/ MGA) was one of three Editors-in-Chief in the journal’s f inal year. She and the other editorial staf f learned of the faculty’s decision to end their publication in Februar y 2018, with the reasons above being elaborated upon in a memo that was written with the Munk School in 2017. The journal staf f spent their f inal months closing out the journal, publishing one last issue and turning away submissions and students who continued to express interest Continued on Page 7
ALSO IN THIS ISSUE SLS ON NEW GOV'T POLICIES
RIGHTS REVIEW
ALL ABOUT LAW FOLLIES
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