Ultra Vires Volume 22, Issue 4 - January 2021 by Ultra Vires

ULTRAVIRES.CA

January 27, 2021

VOL. 22, ISS. 4

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

WHAT TO EXPECT IN A VIRTUAL SUMMER - SEE PAGE 17. PHOTO CREDIT: ANGELA GU

Professor Jutta Brunnée Appointed Dean at U of T Law Jutta Brunnée replaces Edward Iacobucci as the new Dean of the Faculty of Law ALEXA CHEUNG (2L) On December 12, 2020, students received news of Professor Jutta Brunnée’s appointment as Dean of the Faculty of Law from Cheryl Regehr, the Vice-President and Provost of the University of Toronto. This announcement put an end to months of speculation about outgoing Dean Edward Iaccobucci’s replacement. Dean Brunnée’s reDean Brunnée is a prominent international and environmental law scholar. She is widely known as the world’s leading scholar for international environmental

law and is one of the most inf luential f igures in the general theory of international law. The intersectionality of her two research areas has made her work extremely important in addressing climate change. At the Faculty, she is the Metcalf Chair in Environmental Law. In 2020, she was appointed University Professor, the University of Toronto’s highest and most distinguished academic rank. Vice-President and Provost Regehr’s announcement lauded Dean Brunnée’s “exceptional administrative ability, insight,

and a commitment to fostering inclusive excellence.” Dean Brunnée previously served in various leadership positions at the Faculty, including the position of Associate Dean of the Graduate Studies program and Interim Dean in 2014. She also helped launch the Global Professional LLM program, revitalized the June Callwood Scholarship Program for Indigenous graduate students, and led curricular reform in the LLM program. Dean Brunnée was born in Germany and earned a law degree and doctorate in law (1989,

summa cum laude) at Johannes-Gutenberg Universität in Mainz, and an LLM from Dalhousie University (1987). She also taught at McGill University’s Faculty of Law and the University of British Columbia prior to joining the University of Toronto’s Faculty of Law in 2000. With the current uncertainty surrounding the pandemic and the future of in-person learning at the law school, Dean Brunnée’s calm, careful, and consensus-building manner will be extremely helpful in helping the administration, professors, and students navigate the upcoming months.

ALSO IN THIS ISSUE ULTRA VIRES INTERVIEWS DEAN JUTTA BRUNNÉE PAGE 11

RIGHTS REVIEW PAGE 24

A SPACE TO HAVE TOUGH CONVERSATIONS OR ANOTHER COG IN THE MACHINE? PAGE 22

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UV INDEX

EDITORS' NOTE 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 views of the Editorial Board. We print six issues per year. Ultra Vires is printed by Master Web Inc.

EDITORS-IN-CHIEF Vivian Cheng & Angela Gu NEWS EDITOR Alexa Cheung ASSOCIATE NEWS EDITOR Ivy Xu FEATURES EDITOR Alisha Li ASSOCIATE FEATURES EDITORS Angela Feng & Jacqueline Huang OPINIONS EDITOR Annecy Pang ASSOCIATE OPINIONS EDITORS Natasha Burman & Sabrina Macklai DIVERSIONS EDITOR Adrienne Ralph

NEWS

Happy 2021! A nother year, another semester at U of T Zoom School of Law. The new Dean, Jutta Brunée, has begun her term, students are settling into their Winter semester classes, and the rescheduled OCIs are nearly upon us. In this issue, you’ll f ind stories of virtual summer experiences, this year’s Ottawa IP recruit numbers, and tips for fashion in the age of Zoom. You’ll also see content from our friends at R ights Review and the CLSA, and OCI advice from writers at Law School Life & Beyond. Within these pages, we invite you to think about anti-racism in the legal profession, and consider what’s necessar y for good lawyering. We also revive the debate of law school friends versus nonlaw school friends, and of course, deliver your regular dose of diversions. As always, if you have comments or stories to pitch, you can get in touch at editor@ultravires.ca. Thanks for reading, — Vivian Cheng & Angela Gu Co-Editors-in-Chief, Ultra Vires

OPINIONS

Professor Jutta Brunnée Appointed Dean at U of T Law

2021 Reconciliation Resolution Challenge

The Top Ten SCC Cases of 2020

Out with Yak’s Snacks, in with

Brunnée’s Canapés?

In Memory of Jamal Howlader

Confusion During Recent JPT Session

A Space to Have Tough Conversations?

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Curriculum Point/Counterpoint: “Normies” Outside Law School?

FEATURES Into the World of #LawTwitter

An Interview with Brett Hughes, 2015 UV Editor-in-Chief

Fashion in the Age of Zoom

An Overview of Former Dean Iacobucci’s Tenure

UV Interviews New Dean Jutta Brunnée

Ottawa IP 1L & 2L Summer 2021 Recruit Results

Five Lessons You Need to Know Before Toronto OCIs

Four Ways to Improve Your OCI Mindset

2021 New Year’s Resolutions

CLSA Blog in Print: The Road Less Travelled

Things I Didn’t Have on My 2020 Bingo

What to Expect in a Virtual Summer

Interactions Before and After Law School

Keeping Busy During Lockdown

Bread, Starter and I

The Most Popular Google Searches by Law Students in 2020

Ontario Wine - More Than Just Fine

Cold Calling in 2020

RIGHTS REVIEW An Interview with Nathalie des Rosier

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the Legal Profession Punishing Genocide: An Interview with Professor Akhavan

DIVERSIONS

ASSOCIATE DIVERSIONS EDITOR Harry Myles EDITORS AT LARGE Safa Bajwa & Graham Rotenberg LAYOUT EDITOR Alexandra Fox RECRUIT EDITOR Hussein E.E. Fawzy SOCIAL MEDIA TEAM Adrienne Ralph, Safa Bajwa, Elaine Cheng, & Jennifer Sun PHOTOGRAPHERS Katrina Keller & Jacqueline Huang

ADVERTISING If you are interested in advertising, please email us at business@ultravires.ca

BUSINESS MANAGER Austin Ray

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. SEWING ON CANVAS, BY MADISON FREHLICK (1L). SEE MORE OF LAW STUDENTS’ PANDEMIC HOBBIES ON PAGE 18

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SLS and IIO Launch the 2021 Reconciliation Resolution Challenge A new opportunity for students and faculty to engage with historical and contemporary Indigenous topics ANGELA GU (2L JD/MBA) On Wednesday, January 13, the Students’ Law Society (SLS) and the Indigenous Initiaation Resolution Challenge. This year, participants are invited to complete the “Indigenous Canada” Massive Open Online Course (MOOC) facilitated by the University of Alberta through Coursera. The MOOC takes approximately 20 hours to complete, and the Challenge runs until April 8, the last day of classes. It covers contemporary and historic issues and exchanges between Indigenous peoples and settlers in Canada. “While some professors make a wonderful law content in their courses, the school as a whole really lacks this crucial perspective in much of its instruction,” says Greta Hoaken (2L). “This Challenge provides an accessible, fun, and meaningful way for students to engage with these considerations in the face of that absence.” Given the current pandemic situation, this year’s Challenge is meant to bring the law school community together with a shared learning goal. “If this is one way that students can to talk about, then that’s great,” says Amanda Carling, Manager of the IIO. teams for the Challenge: 1Ls, 2Ls, 3Ls/4Ls, Each team has a set of co-captains to cheer members along. These are the co-captains:

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1Ls: Saskia De Vries, Hira Javaid, and Jane Fallis Cooper (1Ls)

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2Ls: Greta Hoaken and Maddie AndrewGee (2Ls)

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3Ls and 4Ls: Ryan Deshpande (3L) and Rachel Bryce (4L JD/MGA)

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Grad students (SJD, LLM, GPLLM and MSL students): Sarah Mason-Case and Julian Huertas (SJD candidates)

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cent Chiao and Brittany Twiss (National Director of Pro Bono Students Canada)

The group with the highest completion rate will be invited to a socially distanced post-Challenge celebration with food and a performance, pandemic permitting. “Feasting people is part of our culture,” says Carling. At time of writing, the 1Ls are in the lead with over 25 students signing up within a week of the launch. Carling anticipates a close contest between the 1Ls and “Between trying to engage with and support the IIO and thinking about the role the SLS plays in responding to the Truth and Reconciliation Commission, supporting Amanda with some creative assistance for the Challenge was a great opportunity for the SLS,” says Willem Crispin-Frei (2L), VP StAG. “We thought having a competition would use our competitive instincts for good, and also build camaraderie among each year cohort when we are all apart.” “It’s nice to take some time at the end of the week to engage with topics and issues which are fundamental to the place I am fortunate to live,” writes Hoaken. She notes that while the course is accessible for those without a background on the subject, it still provides value to students like her, who have taken undergraduate courses in Aboriginal law and policymaking around Indigenous issues. The 1L co-captains are hosting weekly drop-

in hours on Zoom for the 1Ls to discuss the MOOC content, share perspectives and recredit to Cooper for the idea. “We hope that our informal Zoom discussion sessions are a nice supplement to the course itself, and also give 1Ls the opportunity to interact with their peers outside of the classroom setting!” writes Javaid. “Obviously, it would be wonderful if this education was woven into Canadian elementary and secondary school curricula as well, but I think that lawyers have a heightened obligation, as Canadian law has consistently and disproportionately impacted Indigenous people in a negative really encourage everyone to take initiative themselves with this challenge,” writes Cooper. Bryce emphasizes that while law students have a baseline understanding of the issues surrounding discrimination, inequality, and systemic racism in the legal profession, “deepening that knowledge through this free online course should be seen as a requirement to conscientious lawyering going forward.” “Ryan and I are both proud to captain the 3L and 4L students through this meaningful challenge. We sincerely believe that this is an essential step for our friends and colleagues to take before graduating.” Carling says that there will undoubtedly be students who are not interested in Indigenous topics and perspectives in law, but that their First Nations pursue further economic development and as environmental issues become more important. The 1L co-captains voiced support for a mandatory 1L Indigenous law course, citing the Truth and Reconciliation Commission’s Call to

Action 28, which urges law schools to implement a course in “Aboriginal people and the law” that examines the legacy of residential schools and Aboriginal-Crown relations. Indigenous programming at the law school has grown since Carling joined the Faculty, with the addition of some mandatory activities. This year, pandemic restrictions necessitated the postponement of orientation week’s mandatory Blanket Exercise. Instead, students participated in a series of reading circles with Elder Constance Simmonds, the law school’s Elder in Residence. Carling notes the impact of engaging students in Indigenous programming early on in law school, observing that students are more likely to further participate in non-mandatory learning such as the Reconciliation Resolution Challenge. For those who are looking to engage in further learning, Carling recommends Myrna McCallum’s podcast, “The Trauma-Informed Lawyer.” The IIO also has its own online content: there are recordings from the IIO Speaker Series, the Indigenous Law and Legal Ethics teaching series, and an upcoming podcast called “28: A Call to Action.” Students are also invited to join Elder Constance’s Teachings on the Bundle sessions at the law school. Carling notes that there are a plethora of events and resources in communities across the country, and that it is relatively easy to seek them out. “Even for the most ‘woke’ student, it is vital to learn, re-learn, and continuously engage with Canada’s troubled history with the Indigenous peoples on this land — especially because we are about to start our privileged careers in positions of relative power,” says Bryce, “We have an obligation to step up, actually invest our Editor’s Note: Angela Gu is participating in the 2021 Reconciliation Resolution Challenge.

Got ideas? Submit pieces to editor@ultravires.ca *This is not legal advice. It’s life advice.

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The Top Ten SCC Cases of 2020 Lawyers discuss the most impactful cases of 2020 ALISHA LI (2L) On November 24, 2020, the Toronto Law Association held its seventh annual roundup of decisions from the Supreme Court of Canada (SCC). Presenting the cases were a panel of “veteran lawyers and scholars,” Frank Addario, Principal at Addario Law Group, Eric Gertner, former Director of Research at McCarthy Tétrault LLP, and Allan Hutchinson, Professor and Associate Dean at Osgoode Hall Law School. Mark Gannage, deputy judge, certif ied adjudicator, and mediator was the moderator. The evening kicked of f with some icebreakers and a slideshow presentation of pictures from inside the Supreme Court of Canada, including images of the Supreme Court justices kicking back, breaking out into discussion groups, and posing in their iconic “Santa Claus outf its.” The evening then moved onto its main event: recounting ten of the most noteworthy cases that came out of the SCC in 2020: R v Friesen R v Zora R v Chouhan Ontario (Attorney General) v G Quebec (Attorney General) v 9147- 0732 Québec Inc British Columbia (Attorney General) v Provincial Court Judges’ Association of British Columbia (“Judges’ Association”) 1688782 Ontario Inc v Maple Leaf Foods Inc Uber Technologies Inc v Heller Atlantic Lottery Inc v Babstock Nevsun Resources Ltd v A raya

Criminal law: Sentencing for Crimes of Sexual Assault, Additions to Bail Law, the Challenges of Eliminating Peremptory Challenges, and Discrimination and Sex Of fender Registries Frank Addario presented four criminal law cases. Addario is the leader of Addario Law Group, a f irm that specializes in criminal, regulatory, and constitutional law. Addario has appeared before the SCC over forty times and is currently a Director at the Canadian Civil Liberties Association. He previously served as President of the Criminal Lawyers’ Association.

R v Friesen (2020 SCC 9) Friesen pled guilty to sexually assaulting a four-year-old. His sentencing judge imposed a six-year prison sentence. The Court of Appeal reduced that time to four and a half years. The SCC unanimously held that Friesen’s original six-year sentence should be restored. In doing so, the SCC established guidelines on sentencing for sexual crimes against children. They began by stating that courts should begin imposing higher sentences for sexual crimes against children: mid-single-digit sentences should be normal, and double-digit sentences should not be unusual, nor reserved for exceptional circumstances. The SCC also suggested that judges should impose maximum sentences whenever the situation warrants it, and not just for the worst crimes. Addario notes that for all the SCC’s directions on sentencing terms, they remain silent on the fact that much of the violence committed against children is committed by victims of intergenerational violence themselves. Addario notes that judges can impose all the penalties they want, but the cycle will continue until the circuit is broken. R v Zora (2020 SCC 14) Zora was charged with drug-related offences and released on bail. As a condition of bail, Zora had to present himself at his door within f ive minutes of an of f icer attending his home. The police attended his home on Thanksgiving weekend. Zora was in bed and did not hear them knock. He was charged and convicted of two counts of breach of bail under s. 145(3) of the Criminal Code. The SCC quashed Zora’s convictions and ordered a new trial, holding that nothing less than subjective mens rea would suff ice for conviction under s. 145(3). The SCC addressed the issue of the rising number of convictions for breaching bail conditions, and its disproportionate impact on marginalized communities. The SCC also stated that bail judges should rigorously review the “catch-all” condition that requires the accused to “keep the peace and be of good behaviour” before making it a condition of bail. Addario sees Zora as a welcome addition to bail law, which is often used as a tool to control and criminalize those most vulnerable in the criminal justice system.

R v Chouhan (2020 CarswellOnt 14612, 2020 CarswellOnt 14613) Background: Bill C-75 is a reform to the Criminal Code that received Royal Assent on June 21, 2019. One of its reforms aimed to eliminate peremptory challenges, which allow a party to remove a potential juror without giving reasons for doing so. The Attorney General of Ontario allowed prosecutors to argue that the ban should apply to cases already in the system. Addario noted that peremptory challenges are necessary to balance juries and, frankly, make them less racist. Chouhan was a racialized defendant, tried days after Bill C-75 came into force. He sought peremptory challenges as he faced an all-white jury. The trial judge denied his request, and Chouhan was convicted. The Ontario Court of Appeal reversed the decision. The SCC allowed the appeal and restored the conviction. They held that the ban against peremptory challenges was constitutional and purely procedural, and therefore could apply retroactively. The appeal was dismissed from the bench, and no written reasons have been given yet. Ontario (Attorney General) v G (2020 SCC 38) G was charged with two counts of sexual assault. He was found “not criminally responsible on account of mental disorder” ( NCR MD). G received an “absolute discharge” from the Ontario Review Board after they determined that he was not a signif icant risk to public safety. However, individuals such as G who are found NCR MD of sexual of fences must register as sex offenders and report to police at least once a year. On the contrary, individuals found guilty of sexual of fences have opportunities to not register or report—opportunities not available to individuals like G. The Court of Appeal allowed G’s appeal. Dismissing the Crown’s appeal, the SCC found that denying exit routes for persons found NCR MD violated s. 15 of the Canadian Charter Charter of Rights and Freedoms (the right to equal treatment under the law, without discrimination based on characteristics such as mental disability). The SCC noted the stereotypes individuals with mental disabilities face as being inherently and perpetually dangerous. This notion perpetuates the disadvantages individuals with mental disabilities face, and Ontario’s sex of fender registry system places individ-

uals found NCR MD in a worse position than individuals found guilty. The SCC upheld the Court of Appeal’s decision allowing Ontario one year to f ix their law, and ordered that G be deleted from the registry immediately.

Constitutional Law and Tort Law: s. 12 and Corporations, the Constitutionalization of Judicial Salaries, and Establishing Suff icient Proximity for Cases of Pure Economic Loss A llan Hutchinson is a professor and Associate Dean at Osgoode Hall Law School. He was elected to the Royal Society of Canada in 2004. He has been published in many of the common law world’s leading law journals. He is the author of Evolution and the Common Law and T he Companies We Keep: Corporate Governance for a Democratic Society. Professor Hutchinson presented three constitutional law and tort law cases. Quebec (Attorney General) v 91470732 Québec Inc (2020 SCC 32) Quebec’s Building Act imposes a minimum f ine of $30,000 for doing construction work without a permit. A corporation charged with the f ine challenged the Act on the basis that it violated s. 12 of the Charter, which forbids cruel and unusual punishment. The SCC held that corporations, as legal entities,are not entitled to rights against cruel and unusual punishment. Section 12 is based on human dignity, and the idea that humans deserve respect, regardless of who they are or what they’ve done. To Professor Hutchinson, the very existence of extended litigation on whether corporations were protected by s. 12, forty years after the birth of the Charter, was “slightly depressing.” British Columbia (Attorney General) v Provincial Court Judges’ Association of British Columbia (“Judges’ Association”) (2020 SCC 20) This case considered how judicial salaries are set. In order for courts to maintain “ judicial independence” from the other branches of the state, judges cannot negotiate their own salary raises with the government. Instead, independent commissions make salary increase recommendations and have the f inal say. Their decision is re-

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viewable by courts under the Constitution. The Judges’ Association launched court proceedings after the government reduced their salary increases from the 8.2 per cent suggested by the commission to 3.8 per cent. They sought to access the Cabinet documents used to make the decisions. The SCC denied the Judges’ Association access to the Cabinet documents. Professor Hutchinson felt this case represented another example of the constitutionalization of salary negotiations by judges. The idea that some of the most highly paid public of f icials could attempt to constitutionalize their salaries sets the interests of judges aside and above those of any other group in society. Judicial independence is also questionable, because the Judges’ Association’s complaints are heard by fellow judges. Third-party onlookers, Professor Hutchinson says, can be forgiven for noting whif fs of self-dealing. 1688782 Ontario Inc v Maple Leaf Foods Inc (2020 SCC 35) A Mr. Sub franchisee brought a class action on behalf of various franchisees against Maple Leaf Foods after some of their products were contaminated with bacteria. The franchisees were contractually required to purchase ingredients from Maple Leaf Foods, but had no direct contract with them. The franchisees sought recovery from their reduced prof its. A narrow majority (5-4) of the SCC dismissed the claim, holding that there was

no general right to recovery from pure economic loss. Nonetheless, the SCC noted that there are circumstances where economic losses can be recovered. Economic losses can be recovered where they were consequential upon property damage or personal injury, or when expenses were incurred to prevent personal injury. A claim for pure economic loss may succeed in issues involving performance of a service. The issue to be determined is whether the claimant can establish suf f icient proximity to the service provider or supplier — in this case between Maple Leaf Foods and the Mr. Sub franchisees. The majority found that while there was proximity between Maple Leaf Foods and the end consumers, there was no proximity between Maple Leaf Foods and the franchisees. The franchisees’ interest was purely commercial.

Class Actions: Striking Down Arbitration Clauses, Rejecting the Waiver of Tort, and Recognizing Customary International Law Eric Gertner was the former Director of Research at McCarthy Tétrault LLP in Toronto. He was one of the founding coeditors of T he Supreme Court Law Review, now in its 40th year of publication, and coauthored Debtor-Creditor Law, the leading Canadian casebook on debtor-creditor law. Gertner presented the last three cases of the roundup.

Uber Technologies Inc v Heller (2020 SCC 16) Heller brought a class action in Ontario on behalf of Uber drivers. Uber moved to stay the class action on the basis that their contract with the drivers had an arbitration clause which required disputes to be resolved by arbitration in the Netherlands, and required Heller to put security of 14,500 USD before they proceeded with arbitration. The majority of the SCC held that the arbitration clause was unconscionable and therefore invalid. Two questions were asked: was there inequality of bargaining power, and if so, was the contract unfair to Heller? The Court held that there was clearly unequal bargaining power, especially considering the fact that the parties’ contract was a standard form contract, and that it resulted in unfair terms as the mandatory deposit likely prohibited Heller from bringing his claim in the f irst place. Atlantic Lottery Inc v Babstock (2020 SCC 19) Babstock proposed a class action against the Atlantic Lottery Corporation for profiting from dangerous and deceptive video lottery terminals. One of Babstock’s grounds for his action was “waiver of tort,” a doctrine that allows a claimant to seek disgorgement of the defendant’s prof its when their tort claim may not provide adequate compensation. The issue of waiver of tort has been hotly disputed by lower

January 27, 2021 | 5

courts in the past. It is a common issue faced by defendants in class actions, but has never before been directly addressed by the SCC. T he SCC held t hat wa iver of tor t was not a separate and d iscrete remedy ava i lable to cla imants. T he SCC d ism issed Babstock’s cla ims on t he g rounds t hat t hey d isclosed no reasonable cause of act ion. Nevsun Resources Ltd v A raya (2020 SCC 5) Citizens of Eritrea, an East African country, sought to bring a class action in British Columbia, claiming that Nevsun violated their human rights by hiring them through the government of Eritrea’s mandatory “National Service Program.” They sought to bring the suit in British Columbia as it was unlikely an Eritrean court would rule against their own government. In allowing the class action to proceed in Canada, Abella J, writing for the majority, clarif ied two points of law. First, she held that Canada does not recognize the “act of state” doctrine, which grants foreign states immunity from prosecution in Canadian courts. Second, Abella J held that customary international law was part of Canadian law, and therefore courts are able to hold Canadian companies liable for violations of customary international law.

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In Memory of Jamal Howlader: The Jamal Howlader Bursary at U of T Law New bursary established in memory of exceptional student and friend SAFA BAJWA (2L) Jamal A kim Howlader, a 2020 graduate from the University of Toronto Faculty of Law, passed away suddenly on November 5, 2020. Students and staf f of U of T Law, family, and friends are all deeply saddened by his passing. To commemorate him, the Jamal Howlader Bursary was established. Jamal was an exceptional student. In high school, Jamal succeeded in the gifted program. He later graduated from the University of Western Ontario in the Medical Sciences program with top marks and was admitted to U of T Law. At the law school, he was involved with Downtown Legal Services, primarily work-

ing on employment law matters and providing legal advice to low-income community members. Jamal also served as a senior editor for the Faculty of Law Review and a peer mentor in the Law in Action Within Schools ( L AWS) program. Upon graduating, he began articling with Rotf leisch and Samulovitch P.C. Denna Pourmonazah Jalili (4L JD/ MBA), a friend and classmate of Jamal, described him as “comforting,” “calm,” and “easy-going.” Jamal left a lasting impression on his peers and will be remembered for his hard work and kindness. Shortly after his passing, Jalili organized

a fundraiser on GoFundMe.com to create a Faculty of Law bursary in Jamal’s name. He decided to start the fund after many individuals, including those who had never known Jamal personally, asked to donate money to pay their respects. Jalili points out that Jamal “was a big community guy,” emphasizing Jamal’s commitment to helping others and mentorship. The bursar y is an opportunity to honour Jamal’s legacy of promoting community support, by providing f inancial aid to low-income law students. In order to establish a named bursary at the University of Toronto, at least twenty-

f ive thousand dollars must be raised. As of January 2021, $27,415 was raised. The excess money will be invested in U of T’s endowment to collect interest. The interest amount is to be matched every year by U of T and will be added to the fundraiser amount to form the bursar y. The bursar y is intended to exist in perpetuity and to support U of T Law students with demonstrated f inancial need and academic excellence. Jamal is deeply missed and fondly remembered. As Jalili stated, “If you take yourself out of your blinders […] you will leave yourself a beautiful legacy, and that will outlast your time here.”

Comment by Assistant Dean Faherty Prompts Questions About Systemic Racism Students demand increased faculty commitment to anti-racism and accountability ANNECY PANG (2L) On Januar y 20, 1L students attended a mandator y joint professionalism training ( J P T ) session on Zoom led by Jodie GleanM itchell on cr itical race theor y and racism w ithin the justice sector. Dur ing the session, Glean-M itchell asked for examples of intersectionalit y w ithin the Black L ives Matter movement to which A ssistant Dean Sara Fahert y replied in the chat, “ how about afr ican amer ican cops’ roles? (sic)” Within the chat, a student asked for her to clar ify, but the question was allegedly ignored, despite multiple students t y ping their support for clar if ication. Near the end of the session, A ssistant Dean Fahert y

wrote once more in the chat w ith a comment seemingly unrelated to the students’ requests for further elaboration (“you w ill be out before then!” assur ing students that the session w ill end before their 2 p.m. classes beg in). Ultra Vires reached out to A ssistant Dean Fahert y for comment. She replied: “I don’t usually stay in the chat, preferring to focus on the speaker, so I didn’t see the subsequent questions from students. I’m sorr y if that conveyed the impression that I was intentionally refusing to answer questions.” In response to the incident, the Students’ Law Societ y’s Equit y Of f icers Ryan

Deshpande (3L) and Sherr y Ghaly (3L) stressed the importance of sensitiv it y and building understanding when discussing anti-Black racism and police v iolence, especially in predominant ly non-Black settings. The existence of Black police off icers is often used to deny the existence of systemic racism and anti-Black racism in policing, where the identity of “cop” is treated as an immutable characteristic. A group of 1L students have written an open letter petitioning for faculty dedication to anti-racism and accountability: “This incident speaks to a larger problem in the Faculty

of Law where some faculty members contribute to systemic racism by inadequately addressing the law’s role in oppression, suppressing conversations critical of oppressive legal doctrine, neutrally presenting the white-supremacist history of the common law, and continuing to use out-dated language like ‘[A]frican-[A]merican’.” The J P T is a ser ies of training sessions for f irst-year students centred around anti-bias work. Prev ious facilitators include Justice Shaun Nakatsuru, Yamikami Mso sa, and Samantha Peters. A fter the lunchtime sessions, students are asked to ref lect on the exper iences through short essays.

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Into the World of #LawTwitter Why you should make a Twitter account right now SABRINA MACKLAI (1L JD/MI) Did you know the legal community has a strong Twitter presence? Law Twitter is exactly what it sounds like — lawyers, law students, and other members of the legal community connecting with one another over Twitter. They discuss recent advances in the law, advocate for important issues, and even share networking tips and job opportunities. But it’s not all serious. I’ve seen memes, jokes, words of support, celebrations, and lots of discussion on non-law related topics. I joined Law Twitter recently, following the suggestion of a lawyer I met during a networking event. To get a better understanding of the community and collect some tips for students new to this world, I polled #LawTwitter for their thoughts. Around 50 replies and DMs later, this is what they had to say: Staying Informed One of the community’s most cited reasons for using Twitter was to keep up-to-date on court announcements and major developments in their practice and interest areas. For the latter, users recommend following lawyers active in those practice areas who tweet regularly about new and developing case law. How do you f ind them? Firms often have their own Twitter accounts. It’s a good idea to not only follow the f irms you’re interested in, but their lawyers too. Firms post pertinent information on news and opportunities and follow their own lawyers. You can also always ask for suggestions. Members of the community are more than willing to send you relevant accounts to follow, including lawyers, judges, academics, public organizations, and other legal commenters.

With so many accounts to follow and a daily barrage of new tweets, missing interesting or important information is inevitable. To help combat this, some members recommend setting notif ication alerts for lawyers you particularly admire and using the “list” feature on Twitter to curate accounts that you’d like to engage with for specif ic purposes. Keeping Grounded Many members of Law Twitter use their accounts to share tidbits of their daily lives, whether that be lawyers writing about their work or students writing about their studies. What I found to be the most compelling reason to join this community is that the members do not shy away from discussing their personal struggles, pitfalls, and rejections. Whether it’s a lawyer working from home discussing the diff iculty balancing childcare and work or a 3L student discussing her struggles securing an articling position, I f ind that Law Twitter really humanizes the profession. The community is extremely supportive and will often respond with advice, leads, or photos of cute pets. There are even accounts that share mental health initiatives targeted towards the legal community. Networking and Jobs Reach out! Law Twitter is a great place for networking, especially during an age where almost everything is online. Many members commented that they’ve formed genuine connections over Twitter that have continued as friendships off the screen. Additionally, Law Twitter has no real jurisdictional bounds. You can meet people not only from across the

country but from around the globe. One user referred to the community as a “massive virtual courthouse.” Even when tweeting for advice from my home in Toronto, I received responses from individuals in different provinces, in the United States, and outside of North America. Law Twitter is truly a great space to network with individuals who otherwise may be too far to connect with in person. Some individuals have even found employment or come across other opportunities like clinic work through Law Twitter. The community recommends building name recognition via Twitter by starting conversations, sharing opinions or thoughts, and writing a meaningful bio or pinned tweet that includes your legal or research interests. Things to Keep in Mind Joining Law Twitter def initely has its advantages, but there are considerations students should keep in mind when using their account. One prosecutor warned that students should note that any content published to the Internet follows them for the rest of their career and is available to any potential employers. Most members of the legal community are good friends with one another, so being unkind can have very real consequences. Just as you would on any other social media platform, students should exercise a degree of caution when posting or liking comments and should conduct themselves in a reasonable and respectful manner. The community also cautioned that students should be critical of what they read, as tweets may be dependent on the situation or jurisdiction. For example, news that impacts

one province may not impact another to the same extent. Students should also be careful not to give legal advice and should be wary of taking any substantive legal position on Twitter in the case they are retained by a future client who needs them to argue the alternative position. That being said, many stated that it’s alright to be critical and take a stand for things that matter to you. Even if mistakes are made, they can be learned from. Finally, the Law Twitter community emphasized the importance of creating and maintaining healthy boundaries. To that end, some may #LawTwitter or to limit their Twitter use to set hours of the day. Others enjoy striking a balance between tweeting law-related takes and their hobbies. It really depends on what works for you. Take the Plunge I admit that joining Law Twitter can seem a bit intimidating at f irst. As a 1L student, I’m still hesitant to share my thoughts and opinions in a community made up of well-established lawyers and accomplished students. But everyone I’ve encountered thus far has been so welcoming of any and all new voices. They assure that all students' opinions are valuable and add to the conversation. I strongly encourage all law students to make an account and join #LawTwitter! At the very least, you can get a better understanding of the legal profession and its diverse makeup. Or if you want, you can get advice and referrals, foster new connections, and build your online presence. As one attorney put it, Law Twitter is “all about what you make it.”

An Interview with Brett Hughes, 2015 Ultra Vires Editor-in-Chief UV Alumni Spotlight ANNECY PANG (2L) Welcome to the inaugural article in Ultra Vires’ ( U V ) A lumni Spotlight series, where Ultra Vires reconnects with its alumni to discuss what they’ve been up to since graduation. On Januar y 18, we sat down with Brett Hughes to discuss the role of student journalism at the Faculty. Hughes was co-valedictorian of the graduating class of 2016 and the 2015-2016 Editor-in-Chief of U V. W hat has the trajectory of your legal career been so far? When I was in law school, I didn’t do a Bay Street summer. I was a research assistant for Professor Ariel Katz in f irst year and I worked at the Advocates for Injured Workers legal clinic in second year. I knew that I wanted to work in something related to workers’ rights, so I managed to get a

clerkship at the Ontario Superior Court for articling. If you’re interested in being a litigator, being at a trial court is much more directly relevant because you can be in court watching cross-examinations, opening and closing arguments, and the aspects of day-to-day litigation that take up most practices. I ended up at a boutique called Dewart Gleason LLP. We have a union-side labour law practice, a civil litigation practice, and a bit of a niche police accountability practice. Your writings at UV shed light on Faculty Council meetings and f inancial changes occurring at the school. Do you rely on your experience in law school in your current practice? Certainly. At the level of principles, it’s easy to draw links between the work at Ultra

Vires and working in a f ield like labour and employment law. In the law school context, you have university administrators who wield a great deal of power over both the day-to-day operations of the law school, but also who gets into law school in the f irst place and by extension the legal profession. By simply showing up to Faculty Council meetings, asking questions, and writing stories about them, you bring attention to these issues and hopefully bring about some degree of change. It’s the same thing in the workplace. The vast majority of employees don’t wield a great deal of power individually. Workplace unions are one way of helping them do that. Working with union clients to help challenge employers’ decisions shares similar principles with the work at UV.

It is also practically useful in a day-to-day sense. With Ultra Vires, a lot of the interesting interviews that we’ve had involve asking dif f icult questions to authority f igures like the Dean and Assistant Deans. That is not something that necessarily comes naturally to people. Putting your hand up at Faculty Council or sending emails to law professors to get their comments was good training for conducting cross-examinations or an examination for discovery. The question-asking skills and following up on non-responsive answers have proven quite helpful on a more practical level to being a litigator. Law yers should be comfortable asking tough questions. Your writing also focuses on lack of f inancial accessibility and diversity at the law school. Years

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later we’re still writing about the same issues. W hat do you think the role of a school newspaper like UV is for the law school community? One thing unique about a law school newspaper is that you have a relatively small but engaged readership in the law school and legal communities. If you don’t have something like U V pulling together statistics on how tuition is increasing far faster than f inancial aid, then it’s going to be diff icult for students to engage in advocacy, or even develop informed opinions on the issue. The community of student editors and journalists who take the time to dig through a variety of information sources to compile it and present it to the students prompts discussions about these issues. These conversations might not happen if all we had were the of f icial channels of communication from university leadership. One of the other important things that U V does is it gives people a platform to share their experiences about things like mental health and their interactions with

the accommodation system. When you’re one of several hundred law students just starting law school, it’s easy to feel as if your experience is an outlier to everyone else’s. Bringing individual experiences to the forefront helps people realize they’re not alone. Depending on how common the experiences are, it may lead organically to advocacy. Ultra Vires’ contributors are law students who have to balance the paper, schoolwork , and other extracurricular activities. W hat are your thoughts on the nature of student journalism? It is unfortunate that a lot of the work that student journalists, the student government, and other student activists do is work that shouldn’t be theirs in the f irst place. The school’s leadership should be concerned with things like af fordability, mental health, and creating a diverse law school. It’s not something that should fall on the shoulders of students — especially when they have in some cases over $100,000 in debt and have extremely high workloads (i.e. keeping up with readings, writing exams, and prepar-

ing for job interviews). It can be a burden to use whatever free time you have left to engage in accountability journalism. The decline of traditional news media has af fected U V as well because we rely heavily on print ad revenue to sustain operations. This year many of our issues will be virtual due to the pandemic. What should U V do to stay relevant and engaging, especially for its alumni community? There was something nice about picking up a physical copy of the paper, eating a doughnut, and reading and talking about the articles together. I do hope you’d be able to f ind a way to maintain the print edition after the pandemic, because U V is a valuable piece of community-building, and those in-person discussions are not quite the same as Twitter. I know the f irms that pay for advertising do it because it is helpful to build brand awareness, but I like to think they also do it because they recognize the value of student newspapers. Do you have any advice for current law students

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involved with Ultra Vires? When you’re involved with the student newspaper you gain a certain type of knowledge about the legal world that is not easily accessible to students. You’re pouring through the OCI numbers so you have a good sense of the mechanics of the recruitment process. You’re talking to alumni and learning about their career paths in a much more extensive way potentially than just talking to the mentor who’s been assigned to you. You’re talking to law professors by attending Faculty Council meetings so you become a lot more knowledgeable about the legal world in a way that is valuable on a social and cultural level. I was scrolling through some of the old U V pieces and a lot of the advice that gets trotted out year after year is quite true in that there are dozens and hundreds of different paths to success in the legal world. I wouldn’t want to be ver y prescriptive about what law students should do because there’s not one right way of doing it.

Fashion in the Age of Zoom Bold monochrome, dainty gold, and shopping local TIASHA BHUIYAN (1L) We are current ly liv ing in a waist-up world. The pandemic has no doubt changed var ious aspects of our ever yday lives, including our wardrobes. Clothes have always been a way to express our identit y and our intentions, so how do we convey that when people could only see the top quarter of our bodies? Well, here are some tips to help you make your best f irst impression even if it’s only through your web cam. Brighter is better. A downside of v irtual meetings is the camera can often wash you out when you obv iously want to stand out. To avoid this, don’t be afraid to make more bold outf it choices. Instead of a traditional white button up, tr y f inding a shirt w ith a br ighter colour. L ight blue, dark green, mustard, and burg undy are all more unique options that are still considered to be professional. If you prefer to just have a small pop of co lour to pair w ith a neutral shirt and blazer, you can wear a br ighter coloured tie or wear a bold red lip. Trend tip: A s shown at Joe Biden’s inaug uration, monochrome outf its are timelessly trendy. Layer a sweater or shirt w ith a blazer of the same colour to immediately look put together. If you’re brave enough to stray from the colours listed above, a big trend for this year has been soft pastels (maybe to soothe us from the turmoil of the world). Sage green, lilac, sky blue, and pale yellow are nice options. More is more Ty pically, for an inter v iew, you should keep things simple but simple doesn’t mean plain. Don’t be afraid to wear some delicate jewelr y or, if your outf it is most ly neutral, you can opt for a statement neck lace. Watches are also a subt le accessor y that can say a lot about your personalit y ( just, please don’t wear a calculator watch). Layer ing is also a great way to add depth to your outf its. Wear ing a coloured button up under a sweater, adding a vest over a

shirt, adding a blazer over a dress, or a combination of these can make you look like you really put an ef fort into your look, which can translate to you’ll really put effort into a job. Trend tip: It seems that gold jewelr y is back in this year, specif ically daint y gold jewelr y (tr y raiding your mother’s or grandmother’s collection). If you prefer silver, that’s per fect ly f ine too - just avoid rose gold (ver y f ive years ago). More eclectic jewelr y has also become trendy - roughcut gemstones in unique shapes make interesting pieces. These are abundant among independent designers and the best part is, the piece you buy w ill be unique and extra memorable. Tr y not-amazon.co for some Toronto designers — the site just came up last holiday season and prov ides huge lists of local small businesses. The top layer ing trend this year has been sweater vests wear ing a patterned one over a plain shirt can elevate your look. Background is key Basic rule is to have balance so you don’t blend into your background. If your background is busy, wear solid colours. If your background is just a plain wall, wear something patterned. If your background is co lour ful, wear neutral colours. Since the person you are conferencing w ith can only see so litt le of you, your background can say a lot about you. Make sure you don’t have any A mazon deliver y boxes or an unmade bed or a poster from your frat boy days is behind you. A bookshelf is a great background if you have one but make sure it’s organized. If you’re f ilming in front of a blank wall, which is a good safe choice, don’t be afraid to stage it drag a houseplant behind you or hang up a tasteful art pr int. Trend tip: Being stuck indoors has led people to hoard houseplants - they can easily make your living space more lively. If you’re looking for an art print, I suggest trying shopping local like on not-amazon.co or on Etsy. This year has increased people’s inter-

est in ethical consumership as well as supporting BIPOC businesses. If this is something you’re passionate about, having a product by a small business you admire could be a great conversation starter. Wear what makes you feel good! It’s hard being positive these days and planning outf its may not be your pr ior it y.

However, there is a link between dressing up and your overall mental state. Professor Francis T. McA ndrew, who teaches at K nox College said, “If you look at how you are dressed, that signals something about what you are prepared to do. If you are dressed professionally and you’re dressed up, in some ways that raises your own opinion of yourself, and you want your behav ior and demeanor to match the clothes.”

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An Overview of Former Dean Iacobucci’s Tenure Campaigning for excellence and more ANGELA GU (2L JD/MBA)

Professor Edward Iacobucci’s f ive-year term as Dean came to a close on December 31, 2020. Ultra Vires ( U V ) took this opportunity to look back on Iacobucci’s tenure as Dean, ref lecting on our inaugural interview with him following his appointment in 2014, as well as the follow-up after his f irst year. ( The Dean’s Of f ice declined Ultra Vires’ request for an interview last semester.) Campaign for Excellence Without Barriers In his inaugural interview with U V, former Dean Iacobucci said, “Financial aid is going to be a priority [...] I don’t think we can continue to be the place we are without the quality of students that we have.” During the 2016 follow-up interview, U V inquired about f inancial aid again, and former Dean Iacobucci said,

“We are in a position to commit to making sure that the f inancial aid pot grows at the 5 per cent rate that tuition is growing at. [...] I would love to improve that, either through prudent management of our costs, alternative sources of revenue, or fundraising. Again, it’s a priority for me. That’s the number that I gave then, and that to me is a commitment. What we can do beyond that, I’m hopeful, but I’m just not in a position to make any kind of commitment.” On September 27, 2018, the law school launched the Campaign for Excellence Without Barriers, the largest bursary-focused campaign at any Canadian law school. The campaign has since surpassed its $30 million goal. It has raised nearly $53 million for student support, with nearly $40 million going towards f inancial aid and

JD TUITION AND FINANCIAL AID

PHOTO CREDIT: JACQUELINE HUANG

$12.8 million for the student experience. The law school also launched two new initiatives in 2020, the Investor Protection Clinic and the Future of Law Lab, both made possible by the $6 million landmark gift from the Honourable Henry N. R. “Hal” Jackman ( JD 1965) through the Campaign. At the most recent Faculty Council meeting on budget and tuition (and Iacobucci’s last Faculty Council as Dean), he presented the following numbers for the law school’s tuition growth and corresponding f inancial aid increases, as well as their respective cumulative annual growth rates (CAGR). Former Dean Iacobucci also highlighted the lower average net tuition, as seen below. “This, I hope, gives you a sense of how the change in macro numbers play out at the individual level,” he said. “Our neediest students are better of f today than six years ago.” He deferred further discussion about tuition increases to the next Dean. t Iacobucci also reminded Faculty Council attendees that his annual report of the law school’s budget was a courtesy on his part, and that it would be up to the next Dean to decide whether to continue these presentations. Faculty Hires

*NUMBERS FROM THE FACULTY OF LAW YEAR IN REVIEW 2020 **LARGEST BURSARY AND SMALLEST NET TUITION NUMBERS ARE FOR 2019-2020.

During his inaugural interview with U V, Former Dean Iacobucci listed the law school’s priorities in shaping the Faculty body: “What we have looked for, I will continue to look for. So people who are creative, imaginative, scholarly, legal scholars who we have a sense would be great in the classroom and would be great researchers and great citizens around the school. Those are the criteria that we always have looked for and I wouldn’t feel myself wanting to change those priorities.” The following faculty members were appointed during Former Dean Iacobucci’s tenure: Professor Adriana Robertson (2017), Professor (and now Associate Dean) Christopher Essert (2018), and Professor Gillian Hadf ield (rejoining the Faculty in 2018). Professor Anna Su joined during the interim period in 2014.

At Iacobucci’s last Faculty Council meeting on budget and tuition, he highlighted the fact that the law school has been careful with appointments and the Faculty had recently seen more retirements than appointments. This was presented as evidence of the law school’s attempt to mitigate structural budget challenges. He went on to say that maintaining the excellence of the faculty is a priority, and that further appointments would of course be up to the next Dean. There has also been signif icant controversy surrounding the hiring of a new IHRP Director. Former Dean Iacobucci faced accusations of allowing donor inf luence to affect the candidate selection process, and denied all claims. The Honourable Thomas A lbert Cromwell, former Justice of the Supreme Court of Canada, has been appointed to conduct an independent and impartial review. A nd More After much back and forth, the law school established the January Intersession, where intensive courses for upper-year students are condensed in the f irst week after winter break. Former Dean Iacobucci f irst raised the possibility of Intersessions in 2015, and discussed them at many later Faculty Council meetings before implementing them in 2020. During Iacobucci’s tenure, the law school initiated a Mental Health and Wellness Committee, and hired an in-house counsellor in 2016. The law school terminated the in-house counsellor position in early 2020, and transitioned students to U of T’s Health & Wellness counsellors. Under Former Dean Iacobucci, the Dean’s monthly informal chat with students (over snacks in the atrium) was named Yak’s Snacks, much to students’ disappointment. (“Iacobucci’s Fiduciary Snack Duty” was the winner in a 2015 student-led vote.) Newly appointed Dean Jutta Brunnée will have ample time to come up with a new name for the event, since pandemic restrictions will likely prohibit gatherings for at least a few more months.

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Ultra Vires Interviews Newly Appointed Dean Jutta Brunnée Brunnée talks about her vision for the Faculty, her thoughts on accessibility to the legal profession, and her monthly morning breakfast event ANNECY PANG (2L) For us as an institution, this also brings us opportunities. I hope that as we come out of the pandemic, the Faculty will be ready to position itself as a hub for cross-category thinking about current issues. I think we are well-placed to do this. Besides having such broad-based expertise in the faculty, we are located in a diverse and vibrant city within a country that still has relatively healthy institutions. If I had to give you bullet points of what I want hard to build community in this strange world, to engage in community-building and communipeople. I have started talking to all of my colleagues and I will start conversations shortly tion, including the equity-facing groups, other clubs, and graduate students. The idea is to listen to people’s concerns and what suggestions they might have. My second focus will be on inclusive excellence. I aim to continue the current work in enhancing the diversity of our student body. Increasing the diversity among the faculty ranks is a longer-term proposition, but it is certainly on my radar. I also plan on continuing the work on our curriculum that addresses reconciliation and anti-racism. This is what I envisage under the banner of inclusive excellence, but I am certainly interested in having conversations about the bigger, more systemic issues at the law school. For help the Faculty push forward in terms of intellectual leadership and engagement. DEAN JUTTA BRUNNÉE , PHOTO COURTESY OF THE FACULTY OF LAW.

On Thursday January 21, Dean Brunnée sat down with Ultra Vires to discuss her thoughts on community-building, accessibility, and inclusion. While the new name of the Dean-hosted monthly morning refreshment session remains uncertain, we gained some insight into Dean Brunnée’s vision for the law school. This interview has been edited for brevity and clarity. First and foremost, congratulations on the appointment! T his is a pivotal time for our law school. T his is not your f irst time in the Dean’s seat as you were Interim Dean in 2014. How is this role different? The fact that I was interim Dean made the transition on January 1 easier because I wasn't going into the complete unknown. I had a sense of what the Dean’s role entails and how the role person who makes sure the institution carries on well. You are not someone who comes in with any

vision of your own because you want the next Dean to make those kinds of choices. I’ve been at the law school for 20 years, since 2000, and it has been the most amazing, rewarding, and energizing time in my professional life so far. It is a privilege to work in a place where you are surrounded by people who do such a diverse

T he cost of excellence seems to exist in tension with accessibility. Despite the Campaign for Excellence Without Barriers, a criticism of our f inancial aid program is that it is a band-aid solution to a structural issue. W hile tuition is a complicated discussion with constraints from the University and the Province, what is your stance on f inancial aid and tuition, considering the 10% tuition freeze is expected to lift later this year?

T he main difference between an Interim Dean and the “real deal” is that you come in with ideas about what you want to do for the Faculty. Can you talk about your vision for the Faculty?

You are absolutely right, the issue is complex and what the Faculty can actually do is embedded in a much larger context. The main thing I cial aid will remain priorities for the Faculty. Beyond that, I cannot say much because we do not know where the government is going. At the moment, we just don’t know. I understand these are key issues that are obvious concerns to students and other community members, and I am very serious about thinking about how to best tackle them.

We are living in a time when crises are converging: climate change, health, and inequality.

Law school is a barrier to enter the legal profession. W hat do you think the role of law schools is

course, there are the students, who are not only eager to learn but actually push your thinking forward — that has happened to me a lot at U of T. The bottom line is that I care about the Faculty and I think it was a natural progression for me from scholar and teacher to see what I can do for everybody to make us even better.

in improving access to the practice of law for those from historically disadvantaged backgrounds? Financial aid is not the whole picture; what role do you think the Faculty has in not only recruiting students from diverse backgrounds, but also ensuring their success here in law school and beyond? The Faculty does have an important part to initiatives that the Faculty has engaged in. Law in Action Within Schools (LAWS), for example, creates opportunities for young people to imagine pursuing a career in law. Once students are here, there needs to be support for them. Onwards, I think that’s where mentoring by alumni comes in. The most recent example at the Faculty is Black Future Lawyers, which is a great program that we can consider expanding. The Faculty cannot single-handedly solve the issue, but

Going back to your point about supporting students while they are here, last year ILSA and SLS wrote a letter to call on the Faculty to respond to the TRC Call to Action #28: implementing a course in Aboriginal people and the law. T here was a letter by a few equity-facing groups that called, in part, for a modif ied curriculum to ref lect the legacy of colonialism and racism within the common law. W hat are your thoughts on these issues? Those are both very important issues raised, and they are interrelated. I have already started conversations about these issues with colleagues and I am going to have them with the student thing on my radar. We cannot just say “presto, we have a solution.” We want to be sure that what we do is actually the right thing and that it really works. Doing something that is not the right thing could be worse than doing something that takes a bit more time. To give you a more am not only aware of, but that I am committed to working on. I have begun to have these conversathe right processes for putting all the pieces together. In a post-pandemic world, we will be able to gather for breakfast together in the atrium again. Have you given any thought to what you will call your morning session? [Laughs] I should have prepared a witty answer to this. I don’t yet, but when I do, I’ll let you know. Last time around, it was Brunnée’s crème brûlée melee or something, which frankly made no sense because nobody could pronounce it. I am open to suggestions, so bring them on. Luckily, I have a bit more time to think about it since we unfortunately cannot host them at the moment.

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Ottawa Intellectual Property 1L & 2L Summer 2021 Recruit Results Are In successful students in the 1L stream (and last in the 2L stream) HUSSEIN FAWZY (1L) The Ottawa Intellectual Property ( IP) recruit concluded with Of fer Day on November 13, 2020. A ll six participating f irms have reported their results to Ultra Vires. Overview of the Results A total of 30 students were selected, 15 from 1L and 15 from 2L . For 1Ls, U of T Law ranked highest in the number of students selected (5), followed by Ot-

tawa Law (4) and McGill Law (2), respectively. For 2Ls, Ottawa Law had the highest number of students selected (4), followed by Queenâ&#x20AC;&#x2122;s Law (3), and Osgoode Hall (2) and Western Law (2), respectively. Gowling WLG Canada LLP hired the most students from both 1L and 2L streams, with f ive students from each respective year. Smart & Biggar LLP followed Gowling, hiring four students from each respective year.

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STEPH LANZ (2L UNIVERSITY OF OTTAWA, COMMON LAW PROGRAM) Originally published on the Law School & Beyond blog. Last year I participated in the 1L Toronto recruitment, which is a very small round of recruiting for just a few Toronto f irms. Since there are only a few f irms that participate, only a few 1L students get hired. A lthough I did not end up landing a job or truly expect to for that matter, it was handsdown the best experience I had in my 1L year because of the invaluable lessons I learned. I was lucky to have interviewed with one f irm that I was very excited about, and I was fortunate to get far enough in the process to learn a few things. With that being said, everyone’s experience recruiting and interviewing can vary drastically, so take this all with a grain of salt. Here are the top f ive lessons I learned during the 1L recruit. 1. The power of networking It is well known that getting an interview at a law f irm is heavily based on your academic success. A lot of f irms only want the cream of the crop — which is totally fair! However, there are many f irms that take a more holistic approach to recruiting and consider factors other than your grades. I will admit, I am not a straight-A student, but I know that my communication skills are my strength, so I leaned into that. After touring the f irm I was interested in, I took it upon myself to connect with multiple students from that f irm. Networking is pivotal for securing an interview for three main reasons. a) It will make the f irm familiar with your name. When students reach out and make connections with people from a f irm, it is usually reported to whoever is in charge of hiring. Now the f irm is aware that you are interested and made a real ef fort to get to know more about them. Don’t underestimate the power of these connections — especially if you had a meaningful and memorable conversation. b) It will help you create a strong and tailored application. To my surprise, I ended up having very long conversations with all the students and learned a lot about the f irm culture and the role of a student. This gave me great insight into what an ideal candidate and cover letter looked

like for that f irm. Because of all the time I spent learning about the f irm directly from the source, I had a stronger application to submit that was perfectly tailored to them. This ultimately strengthens your chances of getting an interview. c) The connections you make while in law school have longevity. If you are able to make a genuine connection with anyone in the legal f ield, this can help you later down the road. The legal community is smaller than you may think, and maybe the person you reached out to knows somebody who knows somebody. A lthough I did not land the job, the connections I made from the 1L recruit are still alive today and are people I can now go to for advice or help in the future. 2. Your cover letter will never be perfect I know I just said that I was able to tailor my application, but that doesn’t mean it was perfect. This took me a long time to come to terms with, but the truth is your cover letter could always be improved or changed. It is important to set aside a lot of time to prepare your applications. Your cover letter should go through multiple rewrites and revisions before its f inal draft. However, I remember getting obsessed and caught up in the little details and wasting so much time trying to make it f lawless. At some point, I had to give up. Like me, you will likely get burned out by over-editing and accidentally make your cover letter worse. Sometimes you have to just trust your gut that you did your best, and not worry about making it perfect! Perfect doesn’t exist; we are all unique and the purpose of the application is to let that uniqueness shine through. 3. Take time to ref lect. Every experience has transferable skills. This tip may be obvious, but it is important to strategically frame your experiences. Before you present yourself to a f irm, ref lect on all the experiences you have had thus far. Look at your resume and think about one to two specif ic moments from each experience and what you learned. There are important skills to be drawn from each job, extra-curricular experience, or academic achievement. Think about:

• What made you succeed in those experiences? • Even if you didn’t enjoy one of your old jobs, how would you persuade a stranger that it was still a valuable experience? • What were the most challenging parts of the experience and how did you overcome them? • Who was the best boss or mentor you ever had and why? What did you learn from them? After answering these questions, you will certainly be able to write and speak about your experiences and skills in a thoughtful and meaningful way. If you know a f irm values a certain skill, emphasize and frame your past experiences in a way that shows the f irm you have that skill. 4. Evaluate and ref lect on what you truly want in a career If you are like me, you probably watched Suits and decided you want to be the next Harvey Specter or Jessica Pearson. I’m not saying that’s not possible, but watching f ictional T V and glamorizing Bay Street can be detrimental to one’s self-image and can blur the lines between lust and true desire. When I began networking and touring f irms on Bay Street, I def initely fell in love with the idea of working among the greatest law yers at the top-tier f irms (or maybe it was the aesthetically pleasing of f ices — it all got ver y confusing to me). Now don’t get me wrong, I still hope to work on Bay Street one day, but the constant glamorization of ‘big law’ is emotionally draining and took me away from truly understanding what I wanted for my future. Many of you reading are probably still young, in your 20s, and very career focussed. A lthough now is the time to focus on your career, I believe it is important to keep in mind what else you want to accomplish in the next 10 years. Do you want to maintain friendships, f ind a signif icant other, have a family, travel? These are all things to keep in the back of your mind when recruiting. There is no doubt that all of these other objectives are def initely achievable while working on Bay Street. However, having an open mind and broader idea of what is important in your life will not only help you navigate what f irm best f its your desired fu-

ture, but more importantly, help put the entire recruitment process into perspective. Life is more than just your career! 5. Don’t take it personally Rejection sucks. There's no way to put it lightly. When I got rejected after working for months to secure an interview, I was crushed. It felt like a very personal decision and def initely bruised my ego. I mistakenly put so much value in getting a job of fer from this f irm and thought that my entire legal career was over. Hindsight (and a global pandemic) has now made the whole situation clearer. Rejection from a f irm is not saying “we hate you”. Rejection is telling you “there is a better opportunity out there waiting for you.” Looking back, I realized that this f irm I idealized and obsessed over was probably not even the best f it for me. The silver lining: I get to participate in the 2L recruit, with more experience and knowledge under my belt. Rejection is always a tough pill to swallow at f irst, and you are allowed to be upset — that is normal! But, if you happen to f ind yourself rejected in 2021, let it help you come to the realization that it just means you are free to explore new opportunities that you didn’t turn your mind to before. The fact of the matter is that the odds are against students securing a job through the 2L Toronto Recruit. Leaving the recruitment unemployed is NOT determinative of your future success as a law yer. There are SO many f irms in Toronto, and you will f ind a f irm that wants you just as much as you want them. Best of luck! --L a w S c h o o l L i f e & B e y o n d a i m s t o d e m yst i f y t h e l a w s c h o o l e x p e r i e n c e t h r o u g h f i r s tperson commentar y on Canadian law school l i f e . E v e r y w e e k , o u r w i d e ra n g e a n d e v e rgrowing team of student wr iters f rom law s c h o o l s a c r os s C a n a d a p r o v i d e t h e i r o w n i nd i v i d u a l a n d re a l-l i f e e x p e r i e n c e s , s t o r i e s , a d v i c e a n d t i ps o n a v a r i e t y o f l a w s c h o o lre l a t e d t o p i c s . R e a d m o re o n l i n e a t : m e d i u m . c o m / l a w -s c h o o l-l i f e - a n d- b e y o n d ---

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January 27, 2021 | 15

HAILEY LONSDALE (2L, THOMPSON RIVERS UNIVERSITY) Originally published on the Law School & Beyond blog.

achievement on its own.

Much like my preparation for the LSAT, my work to ready myself for OCIs has included a signif icant amount of self-care and mental work. Here are four ways I’ve been mentally preparing for OCIs and ensuring that I enter into the process with positivity and conf idence. Even if my resume is polished and my cover letters are f lawless, my mind and spirit must be tended to and nurtured if I am to perform at my very best. I hope to bring the mentality that even if my ef forts fall fruitless at the end of the process, I will have learned and grown because of it.

When online learning f irst started, I ensconced myself into my study. Quickly, I realized I spoke to myself aloud more than I ever had before, likely because there was simply no one around to hear me! In the fall, I started a new habit. Whenever something felt dif f icult, confusing, or stressful, I would say aloud to myself, “I can do this,” That habit started to spread to the g ym, and during a particularly dif f icult workout I would sometimes (quietly) say, “I can do this.” During a tough serving shift, when I simply could not remember what one table’s drink order was, I would pause and say to myself, “I can do this.” Recently, I have started to add more aff irmations. Every morning when I turn of f my alarm, the f irst thing I see is my phone background. Three simple phrases appear.

1. Celebrate the bravery After I submit all of my applications, I plan to celebrate. Much like my celebration after I f irst wrote the LSAT, it will be a celebration of braver y and strength. It takes guts to put yourself out into the world, especially in a way that leaves you open to criticism and rejection. I encourage you to celebrate the work you put into your resume and the tireless ef fort to perfect every cover letter. Everyone who applies to the OCI process should be commended. Take a moment ( brief if you wish!), and acknowledge your path to this point. Through all of the law school applications, the LSAT, 1L , and now 2L in a global pandemic, you have persisted. There have been countless waves of uncertainty and struggle, and yet, you have once again proven your determination. I hope to not only use this celebration as a congratulatory tool but to remind myself that even if I am not successful in this process, I have demonstrated the resolve to once again, weather the storm. That is an

2. Introduce positive af f irmations

“I am smart” “I am kind” “I am brave” I’d encourage you to do the same with an af f irmation that you feel suits your intended mindset. It may be a few sentences that aff irm your preparedness for the challenge or your ability to present articulately and conf idently. Try to say these phrases aloud at least once a day. If you’d rather, write them out onto Post-Its and place them on your bathroom mirror. It may feel silly at f irst. You might even feel yourself initially disagree with the phrases in your mind ( I know I did). Push through those blocks. Speak with intention, and your mind will follow.

3. Have non-job-related goals for the process In my opinion, the most common goal of the OCI process is a job. Therefore, if someone is not successful in obtaining a job from the OCI process, they have not succeeded. This binar y philosophy is unnecessar y and damaging to mental health. I would rather like to frame OCIs here as a process that has the opportunity of providing many other benef its, besides a job. For example, much of my time spent networking with f irm representatives, and other legal professionals who have taken the time to speak with me has been helpful in the preparation of my applications, but it has also been a sincere pleasure to learn more about them and their f ields. Moreover, it has been a fantastic opportunity to practice my conversational skills and has provided me with great insights into niche areas of law. In the summer, I set a goal for myself to speak on a personal basis with 10 f irms. I am happy to report I have achieved that goal. Secondly, the interview process itself is an invaluable experience. The chance to practice the “selling” of ourselves to someone else, especially in a high stakes environment, is a reason to participate in OCIs in itself. As law yers, we will be required to sell ourselves and our services to potential clients. Learning how to articulate one’s unique qualities and attributes is a worthwhile endeavor. 4. Take time to unplug from OCIs This year, the OCI season will span nearly the entire Winter 2021 semester. To spend three months in constant stress and anxiety would be an insufferable experience. I plan to section out weeks of my semester

that will be OCI-free periods. A few weeks between application and interview cycles, I will work to put my mind elsewhere and focus on classes and my own mental health. I hope to include extra self-care activities and will be taking up some new hobbies to help shift my focus during particularly dif f icult periods. Additionally, feel free to set boundaries with friends and loved ones. If you would prefer to not talk about OCIs during certain periods in an ef fort to reduce anxieties, say so. Open communication regarding these stress points can provide a tmore supportive environment. It will allow for the space and room to experience the stressful process in a manner that is most suitable to you. To all those entering this diff icult process (and even to those who are not), I hope my tips have encouraged you to be kinder, gentler, and more considerate to your mental health. The courage to open yourself up to rejection is commendable. As much as your inner critic may disagree,; you are smart, kind, and brave. Take time to disconnect from the world of legal recruiting, and reconnect with the outside world. FaceTime with a family member, or start a new hobby. And f inally, remember to take a moment in between calls to remind yourself, you CAN do this! --L a w S c h o o l L i f e & B e y o n d a i m s t o d e m yst i f y t h e l a w s c h o o l e x p e r i e n c e t h r o u g h f i r s tperson commentar y on Canadian law school l i f e . E v e r y w e e k , o u r w i d e ra n g e a n d e v e rgrowing team of student wr iters f rom law s c h o o l s a c r os s C a n a d a p r o v i d e t h e i r o w n i nd i v i d u a l a n d re a l-l i f e e x p e r i e n c e s , s t o r i e s , a d v i c e a n d t i ps o n a v a r i e t y o f l a w s c h o o lre l a t e d t o p i c s . R e a d m o re o n l i n e a t : m e d i u m . c o m / l a w -s c h o o l-l i f e - a n d- b e y o n d ---

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CLSA Blog in Print: The Road Less Travelled A Journey into Criminal Law from Bay Street: Tips for students interested in criminal law ANNA ZHANG (2L)

First, go for it now. from Bay Street, they all recommended that if a student knows they are passionate about criminal law, they should pursue it from the beginning. In Scott Bergman’s opinion, “it’s a lot easier to take risks earlier in your career than later. So, if you know [criminal law] is where your passion lies, you shouldn't divert from that.” Second, mentorship and training is vital. Mentorship is important to any profession, but according to Mark Polley, “it is much more important [for criminal lawyers] because there is so much training — speaking with criminal lawyers or

CLOCKWISE FROM LEFT: SHERRIFF FODA, FODA LAW; MEGAN SCHWARTZENTRUBER, COOPER SANDLER LLP; DANIEL GOLDBLOOM, GOLDBLOOM LAW; SCOTT BERGMAN, COOPER SANDLER LLP; MARK POLLEY, POLLEY FAITH LLP. PHOTOS COMPILED BY ANNA ZHANG.

There is a well-known joke amongst students at the Faculty of Law that everyone goes into law school wanting to become the next Amal Clooney, but everyone comes out of law school headed for Bay Street. All over the country, young law students fantasize over what a career on Bay Street promises: As a student facing substantial tuition debt and skybehind? school, earned a position on Bay Street, and later abandoned the heart of the Financial District to practice criminal law. Each had their own reason for making the change. Some were always interested in criminal law; others wanted more opportunities to get on their feet. One lawyer made the switch after a Crown Attorney called him and said, “you have to try this, it’s the most fun you’ll ever have at a job!” Nevertheless, every lawyer’s reasons to enter criminal law seemed to center around two factors: greater litigation experience and a desire to help people. Switching from a Bay Street Practice careers at McCarthy Tétrault LLP (McCarthy’s). renowned quasi-criminal practice in white collar crimes that until recently, was led by David Porter, pointed as a Judge at the Ontario Court of Justice. For Sherif Foda, his interest in criminal law was sparked during his clerkship at the Supreme Court lawyers like Frank Addario and Marie Henein advocate before the court. He also watched the SCC tackle a variety of groundbreaking decisions that year, including R v Hart, a case regarding the admissibility of “Mr. Big” confessions. However, most of the lawyers I interviewed had

no prior experience with criminal law during their careers in corporate practice. Scott Bergman, partner at Cooper, Sandler, Shime & Bergman LLP, said that prior to becoming a defence lawyer, he had never been involved in a criminal intensive or clinic, had never participated in a criminal law moot, and had taken very few criminal law courses in law school. This appears to show that the practice of criminal law can be learned, regardless of when and where you start. In fact, many echoed that the biggest challenge in switching from corporate to criminal was not learning the law itself but learning about criminal procedure. Thanks to the Martha

arguments in front of a judge or a jury in a courtroom. There are admittedly some downsides to the practice. When Daniel Goldbloom left his corporate practice as a second-year associate to become a criminal defence lawyer, someone asked him, “what is it about money and respect do you not like?” Goldbloom laughed as he told this story, but the question isn’t entirely surprising. The promise of a

we know that as students, we are well-positioned to acquire this knowledge early on.

The job of a criminal lawyer can also be taxing and stressful — and the knowledge that someone’s liberty is at stake creates immense pressures for both the defence and the Crown attorneys. That said, being a criminal lawyer is an extremely admirable calling and for a lawyer like Sherif Foda, “the stress is a meager cost to the privilege the profession gives.” Foda, who left Bay Street to work at Henein Hutchison and then opened his own practice, also noted that his corporate training was very helpful to him as a criminal defence lawyer.

Why Criminal Law? The lawyers I spoke with recounted how rewarding the practice of criminal law is. Whether you are representing the defence or the Crown, criminal law allows you to serve your community, protect people in vulnerable situations, and prevent and rectify injustice. According to Megan Schwartzentruber, “Most people go into [criminal law] because they want to help others, they like to be involved in solving social problems, and they have a true passion for it.” A passion for the subject matter, and for the people son why Schwartzentruber and many others have switched paths. courtroom experience, according to litigator Mark Polley. Polley is a former Assistant Crown Attorney and is currently a partner at Polley Faith, a litigation boutique that also takes criminal cases. According to Polley, you get court experience from the beginning of your practice. You’re not sitting at a your feet, you’re going to trial, and you’re making

the way it does on Bay Street. Many criminal law practitioners face legal aid cuts, administrative tasks, or limits on resources that a lawyer at a full-

very meticulous and detail-oriented. They train be diligent, and how to manage high expectations from demanding clients who are investing heavily day, Scott Bergman sees this type of training as a huge asset. Advice for Students Interested in Criminal Law As an aspiring defence attorney, I asked each lawyer what advice they would give to students who

This sentiment was shared by Megan Schwartzentruber, who recommended that students gain as much exposure as they can during law school. “The more practical experience you can get, the better. Volunteering, clinic work, and making connections with as many people as possible are all helpful.” However, good training can come in a variety of forms and does not necessarily need to focus on criminal law. According to Sherif Foda, it’s also important to learn and study the law broadly because understanding of the law — one that involves understanding procedure, the constitution, [and] the law of evidence.” Finally, know your “whys” Criminal law is a profession that requires a considerable amount of persistence, strength, and resilience. For law students wanting to enter the profession, it’s important to know both why you want to become a criminal lawyer, and why you might not. one, Daniel Goldbloom advises from his own experience, “Don’t do it if you can bring yourself to practice any other type of law. Don’t do it if you don’t like disagreeing with people. And don’t do it if one of your goals is earning the respect of society. Do it if it’s the most exciting work you’ve ever tried. And do it if you want your career to be an important part of what you do in the world.” Thank you to all the lawyers involved in this article: Megan Schwartzentruber (Cooper Sandler LLP), Mark Polley (Polley Faith LLP), Scott Bergman (Cooper Sandler LLP), Sherif Foda (Sherrif Foda Law), and Daniel Goldbloom (Goldbloom Law). The transcript from each lawyer’s full interview can be found on the CLSA’s website. This series by the Criminal Law Students’ Association introduces the law student body to the wild, wild world of criminal law and criminal justice. Articles will be published in print in Ultra Vires as well as on the CLSA’s website, uoftlawclsa.weebly.com/blog. To pitch an article to the CLSA blog series, please contact the CLSA Blog Editor, Teodora Pasca, at teodora.pasca@mail.utoronto.ca.

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What To Expect in a Virtual Summer Upper-years talk about their virtual summer experience JACQUELINE HUANG (1L) The pandemic has profoundly reshaped our lives. As the vaccine rolls out, there is hope that life may f inally get back to normal later this year, but we are not there just yet — the law library is closed, classes are fully online, and it seems likely that many students will spend their 2021 summers working from home. Ultra Vires reached out to some upper-years who worked virtually last summer to f ind out what it was like.

small questions in writing can be intimidating for students as replies take up more of their supervisors’ time when compared to having a quick word at the off ice. A Typical Workday From Home For research and writing-focused jobs, the substantive work and the workload stayed the same. However, some areas of law were impacted more due to their in-person nature. According to Kristy Wong (3L), a virtual

Anna Zhang (2L)

McCarthy Tétrault (McCarthy’s), Calgary o ce

Alexa Cheung (2L)

Downtown Legal Services

Bryan Hsu (2L)

U of T Law Youth Summer Program

Kristy Wong (3L)

A criminal defense boutique

Rebecca Xie (2L)

Debwewin Summer Law Program

Ema Ibrakovic (2L)

Blake, Cassels & Graydon LLP (Blakes), Toronto o ce

Ste

An Intellectual Property boutique

Tran (3L)

Vernon Lin (3L)

A New York full-service rm EDITOR’S NOTE: ALEXA CHEUNG IS THE SENIOR NEWS EDITOR AT ULTRA VIRES.

The Transition to the Online Workspace Last year, the unexpected shift to a virtual workplace forced employers to make many adjustments in workplace technologies. Despite the unprecedented situation, the students we talked to were overall satisf ied with the transition. Anna Zhang (2L), who summered at McCarthy Tétrault’s Calgary off ice last year, commented that the transition was “seamless and extremely well done” and the f irm provided comprehensive technical training and assistance, including tips on how to build relationships virtually. Alexa Cheung (2L) was a caseworker at Downtown Legal Services. She said that the DLS staff were very aware of “Zoom fatigue” and made sure to give breaks during long periods of virtual training. Some students reported that their programs encountered technical diff iculties, but problems were resolved in a timely manner. For example, Bryan Hsu (2L), an instructor for U of T Law’s Youth Summer Program ( YSP) last year, had to learn how to optimize breakout room movement on Zoom in his f irst week. But soon afterwards, the virtual classrooms ran smoothly, and he had a fun and rewarding time teaching law to high school students. Emails, phone calls, video conferences, and Microsoft Teams made up the online workspace. For the most part, they were good substitutes for an off ice environment, but some students pointed out that they were missing opportunities for informal learning, such as observing other lawyers working and having informal chats in the hallway. Asking

summer in criminal law was different last year because there were fewer opportunities in observing trials in court and attending client meetings. Rebecca Xie (2L) did the Debwewin Summer Law Program, and while it ordinarily involves relocating to an Indigenous community, this was rendered impossible during the pandemic. In terms of working hours, students mostly worked from 9 to 5, around 7.5 to 8 hours per day. Working at home offers a f lexibility advantage, as students could make the most of their time on days with lighter workloads. However, Kristy mentioned the potential blur between work and life and the diff iculty to stop working at home, as there is always more to be done. Despite a lack of physical presence, collaborating via Zoom can still offer a sense of collegiality. Ema Ibrakovic (2L) stayed connected with other Blakes summer students through group chats and video calls. Even though students were far apart, Ema noted, "it still felt like we were part of something together." Steff i Tran (3L) worked at an intellectual property boutique and commented that seeing faces on the weekly video meeting made her feel like she was a part of the f irm. Flexibility and comfort aside, it was still important to work simultaneously alongside your colleagues for effective collaboration. For Vernon Lin (3L), who worked for a New York full-service f irm while physically in Taiwan, this meant starting his workday at 9 p.m. local time. Fortunately, the f irm tried its best to account for the 12-hour time difference and scheduled meetings at a reasonable time for him. Once off the calls, Vernon could work at his own pace for the rest of the

night, as long as he handed in assignments on time. He still had a great experience despite it being “pretty surreal.” Making Connections “Social distancing” is often criticised for being an inappropriate phrase to instruct people to physically distance from each other, but the quality of social life is indeed negatively affected during the pandemic. Our conversations with students show that employers tried to amend this situation with virtual social events, workplace collaborations, and frequent check-ins. Ema mentioned the fun virtual social events she attended, such as virtual happy hours (bring your own drinks, of course) and virtual cook-alongs. According to Anna, McCarthy’s encouraged students to form meaningful connections and offered opportunities for students to work alongside each other, albeit virtually. Bryan made great friendships with the other YSP instructors while designing and delivering the program together. Kristy said that the lawyers she worked with made efforts to know her better and really cared about her well-being. For students of the Debwewin program like Rebecca, they connected with each other via a forum set up by program organizers, where they made weekly posts on how their placements were going and what projects they were working on. Besides these efforts, students in the same location could organize their own physically distanced meetups to build rapport. Overall Comments and Thoughts on Working From Home Although missing in-person elements is a common sentiment, students we talked to

generally had a fulf illing experience last summer. An in-person experience is doubtlessly better, but a virtual summer still offers many learning opportunities, especially for work focusing on research and writing. Steff i noted that her work was mostly doable at home and that it would be nice to have the option to work from home once in a while after the pandemic. Anna would love to work in-person with the option of being able to work virtually whenever needed, referring to the perks of saving commute time and not being restricted by location. Still, the experience varied depending on the areas of law students worked in. Kristy thinks that the in-person elements are important for criminal law, but having saved a lot of commute time in her virtual summer, she was also able to put the time saved from commuting into researching for a big case. Her supervisors knew that researching alone could be diff icult, and their support made a big difference for her. Some students who saw signif icant changes to their summer experience would still recommend the programs they participated in. Although Rebecca missed out on the opportunities to connect directly with Indigenous communities herself, she would highly encourage students who are interested in Indigenous law and Indigenous self-government issues to apply for the Debwewin Summer Law program. Similarly, Bryan would recommend the YSP program to those who would like to have a fun summer teaching and working with students. After all, making meaningful connections has always been an essential part of a fruitful summer experience, and it’s achievable even through a computer screen.

EMPLOYERS AND STUDENTS PREPARE FOR ANOTHER VIRTUAL SUMMER, AND OFFICE BUILDINGS REMAIN EMPTY. PHOTO CREDIT: ANGELA GU.

18 | January 27, 2021

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Keeping Busy During Lockdown Law students discuss their COVID-19 hobbies ANGELA FENG (1L) The global pandemic has unleashed countless lockdowns and a seemingly endless stream of bad news. There is no doubt all of this has taken a toll on our mental health. To cope, experts suggest focusing on things within our control and setting routines. Hobbies are perfect for this. They are a great way of restoring a glimpse of normalcy during these uncertain times and facilitating structure and growth. The silver lining of summer quarantine, if you look ver y closely, is that it granted many of us an abundance of time. Using that time to binge watch Netf lix, try new recipes, or rearrange our bedrooms are all valid ways to help manage stress and anxiety in the age of COV ID. Many students from the law school community dedicated their quarantine time to reconnecting with their old hobbies or picking up new ones.

Creative outlets PHOTO CREDIT: HUNTER CARLSON

Hunter Carlson (2L)

Hunter dedicated her lockdown time to another art form — beading. Hunter learned beading from her sister, an advanced beader and fellow law student. “I learned ever ything I know from her, beading-wise,” she clarif ied. As beading can be time consuming, Hunter does not always have the opportunity to bead when school is in full swing. “For the wolf, I think I spent a couple of hours a day for about a week. To give some context, my sister has spent the better part of a year beading graduation regalia,” she said. For Hunter, beading was a nice balance to her other more active hobbies during quarantine.

Hands-on Innovation Sabina Haque (1L)

PHOTO CREDIT: MADISON FREHLICK

Madison Frehlick (1L) When Madison came across the technique of sewing on canvas on social media, she coupled acrylic paint with needle and thread to create unique pieces with texture and contrast. “It started as a fun project and turned into my quarantine hobby,” said Madison. She began by making pieces for her friends, who chose the colours and designs they preferred. “Eventually, I started taking liberties when it came to style and design choices,” she said. Drawing inspiration from Pinterest, she layered colours and threads to line drawings to bring pieces to life. “I’ve always painted and loved doing that, so incorporating acrylic paint into these sewn pieces is my way of making them my own.” Madison was grateful for the opportunity to focus on her art during the pandemic. “I have only been able to dedicate time to art sporadically and minimally over the years due to school and work, but I was appreciative that I was able to focus on it in a time that had so much chaos,” she said. Painting and sewing of fered her peace and calm during these diff icult times. “It was also a nice way to make a little bit of pocket change and also f ill my own apartment walls with customized art,” she added.

PHOTO CREDIT: SABINA HAQUE

During lockdown, Sabina spent her time making Rube Goldberg machines. Designed to perform simple tasks, these systems complete their jobs through a complicated series of actions, each triggering the initiation of the next. “I have always been a fairly restless person. When the f irst lockdown hit, I could not sit still,” Sabina said. She decided to reconnect with Rube Goldberg machines, which she f irst started making when she was nine years old. Her machines are created with ordinary household materials including dominoes, cards, toilet paper, cardboard, chairs, a Justin Bieber puzzle box, ping pong balls, and more. “I just walk around my house and look at different items, trying to reimagine how they could be used,” she said. Unlike the tasks they are designed to achieve, the process of building a Rube Goldberg machine is far from quick and simple. “The most enjoyable thing about building the machines was the satisfaction I felt after one actually worked. Building Rube Goldberg machines is just a constant cycle of trial and error,” Sabina explained. Although the process can be frustrating, she looks forward to what she describes as the “short-lived bliss” when her ideas come to life. Sabina also enjoys the challenge of f inding new creative uses for ordinary items. “I def initely want to build intricate [machines] when I have the time and energy.”

As Seen on TV Rebecca Rosenberg (1L) Inspired by the genius of Beth Harmon, Rebecca began playing chess after watching the Netf lix sensation, T he Queen’s Gambit. She and her father are both novice players learning together. “I like having to anticipate what the other player is going to do,” she said. It is a good distraction for Rebecca, especially when she needs to dive into something other than case brief ing. “I f ind [chess] very calming. It helps you take a step back and focus on one thing for a bit, which can be especially helpful as a student who has to constantly think about readings or stare at a Zoom screen all day.”

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January 27, 2021 | 19

Staying Active

A Steady Beat

Yiwei Jin (1L) Yiwei brushed up on his juggling, which he f irst learned in a club at Queen’s University. “There was something very satisfying about being able to keep three or four balls f lying in the air. It’s a physical exercise that keeps your mind occupied, so it’s also good for de-stressing,” Yiwei said. “Plus, it looks cool.” This unique hobby takes more than just coordination and concentration. “A good juggling routine is ver y creative and aesthetically pleasing,” Yiwei said. Juggling was especially helpful for Yiwei during lockdown because it could be done anywhere. “It keeps me active, and unlike some other exercises, you always feel like you’re developing new skills, so there is a sense of progress. You also get better at remaining graceful after dropping the ball, which is a skill that comes in handy during law school.”

Gina Kwon (1L)

PHOTO CREDIT: GINA KWON

Gina took time during quarantine to pick up drumming again. She f irst learned from a drummer who is now in an indie band called Featurette and played in her middle school music programme. Her preferred pieces have evolved from marching snare solos to disco beats. In particular, she enjoys playing covers of Boney M, a vocal group prominent during the groov y 70’s. She also likes playing pop covers as if she is “playing her life’s own soundtrack,” she joked. Drumming has been fun and grounding for Gina during the pandemic. “I’ve been away from home a lot these past three years and can’t bring my kit with me while travelling, so it’s been nice to be settled and have the kit lying in the basement to use, practice, and decompress during quarantine.”

Pet Training Sophie Zhao (3L) Sophie began training her betta f ish, Sapphire, during the pandemic. The idea of training her pet f ish sparked from Sophie’s background in psycholog y, where she was intrigued by the principles of conditioning and wanted to put them into practice. Sophie described Sapphire’s personality as “very lively” and “exuberant.” The little f ish is reactive and takes notice when Sophie walks up to her tank and follows Sophie’s f inger when she puts it by the tank. “I’ve been able to put my f inger above the water and get her to jump out quite a bit. After each time she jumps, I feed her a food pellet. So over time, she learned to consistently do this,” Sophie explained. For Sophie, interacting with another living creature and working to have it respond to her kept lockdown interesting. “You’re encountering another consciousness and you don’t know what it’s thinking, which is kind of mysterious,” she said.

Reading for Pleasure Teodora Pasca (3L JD/MA Criminology) In the absence of heav y law school readings, Teodora seized the opportunity to read for pleasure during the summer lockdown. She started a book club that gathered over Zoom to discuss a book each month. They voted on their books through a poll that included ever yone’s book recommendations. Teodora enjoyed the insights she gained from their discussions. “It seemed to me like ever yone had a dif ferent perspective and take on the material,” she said. “I personally like reading f iction especially because it feels like a good escape and gives me a break from the screen time. Plus, it’s such a wrongful feeling when you f inish a book and now have one more stor y in your head.” A lthough the club has been less active since the start of the school year, Teodora’s book club is a shining example of the community spirit that emerges from COV ID. Teodora has been trying to read more during quarantine and the Toronto Public Library as well as audiobooks have helped. “I tend to read before bed and it really helps me sleep, especially during such a stressful period,” she added. Teodora recommends T he Goldf inch by Donna Tartt and Sharp Objects by Gillian Flynn for anyone looking to establish a habit of reading for pleasure.

THE VIEW FROM THE BOARD AT ONTARIO PLACE. PHOTO CREDIT: RACHEL BRYCE

Rachel Bryce (4L JD/ MGA) movement from the wonderful world of YouTube. “After that, learning was all about practice, per usual,” she said. She practiced in neighbourhood schools yards and eventually graduated to the ter picking up my board in the Beaches, we thought it would be a good idea to make use of that gorgeous boardwalk to practice. A busy boardwalk, a small hill, and zero skills turned into a pretty messy fall. Lessons were learned that day.” Despite a couple of bumps in the road, Rachel found that longboarding was a great way to explore the city and stay social throughout the summer. “Longboarding is so freeing. I absolutely loved the feeling of coasting down the bike lines and breathing in the fresh summer air,” she said. “I highly recommend hitting up Ontario Place; such beautiful waterfront paths with plenty of space to avoid pedestrians. Or more likely, have them avoid me,” she joked. Teaching herself how me a much needed escape, and allowed me to see our city in a new light,” she said. Rachel hopes to glide through the city again once the weather gets warmer.

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20 | January 27, 2021

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FRESHLY BAKED SOURDOUGH LOAF, WITH 50% WHOLE GRAIN. PHOTO CREDIT: JACQUELINE HUANG.

Bread, Starter and I

The stories of a hobby baker JACQUELINE HUANG (1L) No-K nead Bread, the New Baker’s Saviour My quest for rustic homemade bread started when I was a teenager. I came across some hearty country loafs with a caramelized chew y crust and fell in love. But I lived in a place where bread was synonymous with soft and sweet buns reserved for afternoon tea ( pineapple buns, anyone?). I started experimenting with f lour and yeast, but was soon intimidated by the diff iculty of kneading dough by hand. Maybe I just didn’t have the muscles to pound the gluten out of the dough. So I got a bread machine, which handled the kneading job pretty well. Yet, my bread turned out to be dry, bland sandwich loaves at their best. To my disappointment, my parents would not help me f inish them — they much preferred the sweet f luf fy buns from the bakery around the corner. Eventually I gave up, thinking that the baking gods just did not like me. The bread machine became a dumpling dough machine. Years later, when the pandemic just started, my housemate introduced me to the idea of “no-knead bread.” It promised to be the bread of my dreams without the mess of kneading dough, if I let it ferment in the fridge for a longer period. The photos in the recipe looked gorgeous: the bread has a golden crust, a soft centre, and many air bubbles. Meanwhile, I noticed bread was disappearing from supermarket shelves, along with f lour, yeast, sugar, pasta, meat pies, canned tomatoes, and toilet paper. After searching around three dif ferent supermarkets, I f inally found some f lour and sachets of yeast. I merrily drove home and jumped into my next big project. It was, of course, not as easy as I thought. The f irst challenge I ran into was shaping a dough with 76 percent hydration. I had no idea how to do this. The dough was a sticky, liquidy mess. I tried to roll the dough into balls, but they f lattened out in minutes. Besides, our oven was a bit old (it was heated by f lames at the back) and could only bake the bread at 210°C. So my bread came out with a dense centre and a soft crust in ver y odd shapes

— they never expanded along the slits I made in them. However, they did smell and taste like proper bread this time, and that wheat-y fragrance turned the shabby kitchen into a happy little place. Smothering freshly baked bread with butter and Vegemite just brightened up my day. I kept making bread with the no-knead recipe for a few months. A two-day long cold fermentation seems to be the best practice for maximum f lavour and gluten formation. Cutting down the hydration to 65 percent does not seem to have a discernible ef fect on the f inal product; if anything, this only saves me the hassle of scrubbing sticky dough out of my hands. More importantly, a good oven really changes everything — when I moved to a place with an oven that can maintain a high temperature (240°C), the structure and taste of the bread drastically improved. My bread still had funny shapes, but the inside started to look evenly “airy.” When my product became increasingly predictable, I started to look for the next thing to tinker with — a sourdough starter and naturally leavened bread. From Starter to Bread It seems that people have never been so interested in sourdough as they have since this pandemic. Many blog posts say that you can cultivate a sourdough starter in seven to ten days — most commonly seven. I suppose that’s because a week’s work does not look so daunting to beginners. But from my experience, seven days is really a stretch — you’ll need to do everything right in a suitable environment to get a functional starter in a week. And you’ll be extremely lucky (or grow your starter in too small a jar) to get that shot of a bubbly starter f lowing out from the jar in a few days' time. A very energetic and overf lowing starter is the starter’s equivalent of the Instagram-perfect body; so don’t be discouraged if your starter doesn’t have it. It took me two attempts to successfully grow a starter. The f irst time around, I followed a seven-day starter recipe and used whole-wheat f lour and bread f lour as directed. For some reason I thought tap water

would do just f ine, and that was probably a fatal mistake. My starter had some bubbles for the f irst week, but it never rose and the bubbles declined over time. Two weeks later, the bubbles disappeared and the starter began to take on a strong, foul smell, like nail polish remover. There could be many reasons for this, but the common wisdom is that the starter failed to form well. It turns out that tap water in Toronto is treated with chlorine, which inhibits yeast growth. As a result, only harmful bacteria thrived in the jar. So I poured out the spoiled starter, consulted a few more recipes, and started over. Many recipes call for a big glass jar and about 100g of f lour per feeding. But that also means that you will need around 2kg of f lour just for cultivation and will have to discard most of it before the starter stabilizes. If you want to reduce waste, the practice of using a smaller jar and less f lour may be worth a tr y, especially when you are just starting out. With distilled water and a mix of 10 percent rye f lour and 90 percent white bread f lour, my second try went pretty well, and it took about two weeks to stabilize in a kitchen that consistently measures around 21–23 degrees. My starter seemed to only be able to digest two times the f lour in a 12 hour window, instead of three or four times as some bloggers wrote. Nevertheless, it picked up its own biological clock and rose and fell at the same time everyday. At this stage, my starter was ready to go and the discard could be saved for scones and pancakes. Unlike most advice to refrigerate starters and refresh it ever y week, I keep my starter on the counter. The main reason is that it takes one to two days of room temperature feeding to bring a refrigerated starter to usable vitality, and I bake quite often. If you maintain a ver y small starter at room temperature, the amount of f lour you need is no more than what’s needed for refrigerating a larger starter and refreshing it every week. Room temperature also allows the starter to grow stronger over time. I feed my starter once everyday: I discard all but three to f ive grams of starter and add three to four times the amount of f lour and distilled wa-

ter. A 200ml jam jar will be the perfect home for the starter. A lso, the discard saved from feeding the starter keeps very well in the fridge; I make a batch of sourdough pancakes out of them every two weeks and freeze the rest for easy breakfasts. When I need to make bread, I keep all the starter and ramp up the f lour at feeding, and some hours later I’ll end up with a bigger batch (~170g) of mature starter, enough to bake two big loaves plus a bit to maintain it. Adding other types of f lour, particularly rye f lour, may speed up the maturing process and add a hint of sweetness. Around 30 minutes before using the starter, I mix all the f lour and most of the water for the bread, and set the mixture aside. Once the starter is mature, I fold most of it into the f lour-water mixture, leaving the rest behind to keep it going. Then, I incorporate some salt with the remaining water, and proceed the same way as making bread with commercial yeast. The simplest recipe doesn’t require kneading: stretching and folding the dough in the bulk fermentation phrase followed by a long, cold second fermentation will do the trick. Using a dutch oven or combo cooker to bake the loaf increases its volume and creates a chew y crust. There are many variables in the baking process, but homemade bread is not rocket science. Slight recipe modif ications won’t ruin the f inal product, but they will yield dif ferent results in nuanced ways. A starter freshly matured imparts a dif ferent f lavour on the bread than a starter past mature for two hours. I’ll never know exactly what I’ll get in the next batch, and I guess that’s the fascinating thing about home baking.

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January 27, 2021 | 21

Ontario Wine — More Than Just Fine

In Vino Veritas SAWYER PELOSO (1L)

If you are looking for a wine to celebrate the recent release of grades or to provide some relief from the stress of securing summer employment, this feature is for you! This month we have chosen to review Ontario wines. Given the current lockdown, now is a great time to showcase some Ontario wines that can be found at your local LCBO or Wine Rack. Ontario isn't necessarily known worldwide for its wineries; however, to ignore some of the excellent wines that Ontario has to offer would be a major mistake! Prince Edward County is a fairly new wine producing region and is known for its innovation.The region has an impressive array of wineries which produce well known white wines, as well as sparkling varieties. Meanwhile, the Niagara region is home to some of Canada's most popular wineries. Whether it’s red, white, rose or ice wines, Niagara has a lot to offer. The reviews this month attempt to highlight a diverse range of wines from the regions mentioned above. For those looking to cut down on sugar, Tom reviews a unique red wine with zero sugar. If you are looking for a palatable red wine, Angela and Reya review two different Niagara region picks. Finally, if you are in search of some celebration for the end of the f irst semester, Sawyer discusses a sparkling white wine from the Niagara region that is perfect for such an occasion.

Tom Russell

Angela Gu

Reya Manerikar

Sawyer Peloso

BASK Pinot Noir

Malivoire Farmstead Gamay 2019

Available at the LCBO for $12.95

Available at the LCBO for $19.95

Family Tree ‘The Bootlegger’ Baco Noir

Henry of Pelham Cuvee Catharine Brut

Pinot Noir is a red w ine grape var iet y grown around the world in cooler climates. In Canada, Pinot Noir is mainly grown in Okanagan Valley, Br itish Columbia. However, Ontar io is the proud producer of BA SK Pinot Noir. This w ine has beautiful pale garnet colour and aromas of dark cherr y. I noted delicious f lavours of dark berr y and subt le citrus. To top it of f, the Bask Pinot Noir contains a whopping 0 grams of sugar. Pair this w ine w ith f ish, roasted vegetables, or cheese.

This pale ruby w ine from the Niagara Peninsula is k ind of like springtime. It’s light ly f loral on the nose (“F lorals? For spring? Groundbreak ing”). A f irst sip reveals some br ight acidit y, w ith a bit of raspberr y, a tad of fresh earthiness, and light pepper y notes to f inish. This Gamay is light-bodied, as expected; its f lavours are less forthcoming, more hesitant, and as ephemeral as spr ing itself. It pairs well w ith black olive tapenade on f luf fy naan, and dr ied f igs. Keep this one in mind for when picnic weather rolls around.

Available at the LCBO for $17.95

Available at the LCBO for $32.95

Baco Noir is a hybr id grape w ith FrenchA mer ican roots. W hile not super wellknown, Baco Noir is a w idely planted var ietal in Ontar io. These w ines tend to be smooth and medium-bodied and The Boot legger is no exception. Lack ing the tannins you would f ind in a Cab Sauv or a Zinfandel, The Boot legger prov ides a silky-soft mouthfeel. Plum and juicy blackberr ies are the predominant f lavours, meaning that it pairs per fect ly w ith dark chocolate or blue cheese.

This spark ling white w ine from the Niagara reg ion is a f lavour ful w ine. Visually, it is light golden and air y. On the palate, it prov ides a bold initial taste, w ith hints of sour apple and strawberr ies. The f inish is slight ly dr y, and the taste of sour apple lingers, which is quite enjoyable. It is not as acidic as many other spark ling whites, and therefore w ill pair well w ith a var iet y of dif ferent foods. The low acidit y and fruit y f lavours ultimately make it a great and palatable w ine, per fect for a celebration!

OPINIONS

Out with Yak’s Snacks, in with Brunnée’s Canapés? Editors’ Corner VIVIAN CHENG (2L), ALEXA CHEUNG (2L), ANGELA GU (2L JD/MBA), ALISHA LI (2L), ANNECY PANG (2L), AND ADRIENNE RALPH (2L) Welcome back to another issue of Editor’s Corner, where members of U V’s Senior Editor ial Team espouse their opinions on something arbitrar y and div isive. Today, we discuss what Dean Brunnée’s monthly break fast hour should be called. A lexa Cheung: Brunnée’s Canapés Canapés and the art of eating them are an integral part of ever y f irm tour and network ing event. If U of T really promises to of fer the best legal education in the countr y, I think that it should include soft sk ills such as how to nibble on a prosciuttowrapped melon slice while positioning yourself as an ideal future colleag ue to a

senior partner. Personally, I also think that there needs to be more savour y foods available dur ing the break fast hour, so canapés are a great option. A ngela Gu: Brunnée’s Brunnée’s Brunnée’s Brunnée’s Brunnée’s Brunnée’s

Bag uettes Break fast Sandw iches Bagels Biscottis Br ioches Beaver Tails

I’m a big fan of alliteration, so bring on the carbs! Apparently it was called “Brunnée’s Bakery” when Brunnée served as Interim Dean, but some students preferred “Brunnée’s crème brûlée mêlée” - quelle assonance!

Adrienne Ra lph: Brunnée’s Weekday Soirée According to Google, a soiree is “an evening part y or gather ing, t y pically in a pr ivate house, for conversation or music.” Apart from the evening element ( hence “weekday”), what is this event, if not that? Students gather and converse, and Jackman is basically our house, and it’s certainly pr ivate these days. A nnecy Pang: Jutta’s Yogurt I like yog urt, especially yog urt w ith fruit bottoms ser ved in litt le glass jars. We should have those at the Dean’s break fast

hour. Maybe we do, but I only ever arr ive in time to glug some cof fee into my heatinsulated mug two minutes before the start of my class. My suggestion would also indicate how to correct ly pronounce ‘Jutta’. Viv ian Cheng: Brunnée’s Breakfast Getaway Sounds like a great time to get refreshments! A lisha L i: Jutta’s G utta Fruitas Dean Brunnée w ill have to ser ve fruits at the break fasts for this to work.

22 | January 27, 2021

OPINIONS

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A Space to Have Tough Conversations or Another Cog in the Machine? Thoughts on Joint Professionalism Training and anti-racism in the legal profession MEAZA DAMTE (1L) law schools, the University of Toronto was not on my radar. In fact, none of the people that I knew applying in the same application cycle were interested in U of T. While U of T Law is considered the best law school in Canada by many, it also has a reputation for being less diverse than other schools. When choosing a law school, it was important for me to feel welcome and comfortable in the space that I would be immersed in for the next three years. To put it bluntly, I did not want to be the only Black person in my classes. Obviously, I had a change of heart and do not regret my decision to join the class of 2023. I am grateful to my father, who would not take no for an answer when he discovered that I was not going to apply. He gave me advice that I carry with me every day, “If you want to make change in the world, put yourself in the best position to do so. Work from inside, learn the skills and expertise you need, and then do with that what you will.” more diverse student body than I had anticipated. Furthermore, the most passionate allies I have ever met are those I have encountered during my short time as a 1L. The substantive con-

tent of my classes has been lacking in addressing the way race, gender, sexuality, and gender identity interact with the legal system, but I started this new semester with more hope than disappointment in my heart. That changed after the most recent Joint Professionalism Training ( JPT) session on January 20. JPT is not all bad, but to say that it is enough is a gross misrepresentation of the obstacles the legal system continues to face in eradicating the disproportionate oppression of marginalized groups in society. During the most recent JPT session titled Critical Race Theory: Racism in Society and the Justice Sector, Assistant Dean Sara Faherty made a comment that I, and many others, found incredibly unnerving, especially given her position of power in the law school’s administrative structure. Jodie Glean-Mitchell, the session’s facilitator and Director of Anti-Racism and Cultural Diversity at U of T, asked participants for examples of intersectionality in the Black Lives Matter movement. Faherty responded with “how about African American cops’ roles?” The comment itself is that are part of the BLM movement? What

lice brutality? What about Black people who perpetuate violence against other Black peowas an identity. Naturally, several students participating in the session hoped for an explanation, going so Unfortunately, Assistant Dean Faherty failed to respond. After the session I went straight to class, and even though I should have been thinking about criminal law, my mind was elsewith my peers, I realized I was most concerned with the Assistant Dean’s refusal to engage in any dialogue whatsoever. What could have been a teachable moment took a turn for the worse, but it did not have to. What should have been a safe space for discussion, learning, unlearning, and growth quickly became one of outrage and resentment. No one wants to be in a space that does not someone who was worried about deeply entrenched institutional bias at U of T, I have found the student body to be full of allies, activists, and

most importantly friends. But, as one of the top law schools in the country, the University of Toronto Faculty of Law has a duty to ensure that its faculty consists of more than just academic powerhouses. JPT is a start, but as a woman of colour that is part of the JD program, I demand more. Mandatory lunch time JPT sessions reinforce the sentiment that working towards anti-racism in the legal profession is an afterthought to the administration. Dedicating a separate space for these discussions implies that it is merely a professional obligation and not an inherent duty when educating future agents in the legal system. Working towards dismantling systemic racism and oppression in law should be more than just a concern in the context of professionalism; it should be addressed in every course, by every professor. All faculty members should be learning, unlearning, and growing alongside students. I in no way want to discredit members of the Facanti-racist and anti-colonial practices in their courses, but they should be the norm at U of T, not outliers. I am ready to see meaningful and substantive change, and I am certain I am not the only one.

The Faculty should reconsider their decision to shorten small groups to one semester SABRINA MACKLAI (1L JD/MI) and fellow students in a convivial learning environment.” While my small group professor cersemester also wrapped up their small group classes for the year. Prior to the Faculty’s restructuring of the 1L curriculum for the 2020-2021 academic year, small groups spanned both terms. As a 1L am disappointed by the Faculty’s decision. I came from a relatively small undergraduate program where the instructors knew all their students by name. This was a great opportunity to not only get to know my instructors well but also to forge genuine friendships with my classmates. I was excited to replicate this experience with my small group class, especially during the pandemic, While I was able to form connections with my professor and peers, they would undoubtedly be stronger and more meaningful if we had more than one semester together. Additionally, reducing small groups to one semester removed approximately 13 hours of class instruction time. My small group had to skip over not only individual cases but entire topics as a result. Though I enjoyed the class, I fear that we skipped over important content that may become relevant in upper year classes. According to the Faculty’s JD program website, the purpose of small groups is to provide students with a “seminar-style learning experience in which students interact closely with a law professor

and debate, this came at the expense of covering more material due to the reduction in class hours. I am not suggesting that small group professors choose a greater breadth of content over engaged analysis — indeed, intimate class discussions are what make the small groups so valuable — but rather that they return to their original full-year strucseminar-style delivery of content and the ability to cover all the necessary material of a general substantive course, as was historically the intent. Logistically speaking, the restructuring of the 1L curriculum made it so that nearly all of my 1L written assignments (assigned by both my small group and legal research and writing class) were lapping deadlines, having almost all my written my LRW class, and demonstrate improvement in my writing. While acknowledging that I have not undergone the alternative to fully compare the small group structures, I strongly believe that my classyear of small groups the 1Ls before us experienced. Through discussions with my friends, both within

my cohort and in upper years, the general consensus is that we feel the decision to shorten small groups to one semester was made in haste and based on largely unfounded claims. These concerns echo those made by students during last year’s 1L Curriculum Change Student Consultation Townhall. Students expressed concerns about the lack of student consultation and change. Many students even signed a petition urging the Faculty Council to reject any curriculum changes until these concerns could be addressed. During the March 2020 Faculty Council meeting, many professors observed the lack of frank faculty consultation for the change and emphasized the value of keeping the small group classes full-year, a very deliberate decision made by the Faculty Council in 2010 when proposing to semesterize 1L classes. As my small group professor, Professor Alan Brudner, put it, there is a “general consensus that small group was the jewel of our program at U of T Law.” According to a statement by Associate Dean Essert, the changes to the 1L curriculum this year were due to constraints imposed by COVID-19 the ideal structure of small groups.” Nonetheless, as stated by the Students’ Law Society, the Faculty chose to implement the controversial changes without adequate student input and without going through the typical process of passing multiple

rounds of Faculty Council. The SLS were only made aware of these changes when course schedules were released mid-summer. As Professor Jim Philips discussed in his defense not have been rushed and there should have been cision to semesterize the 1L curriculum in 2014 was a result of a large amount of research and debate that took place over a number of years with extensive consultation and discussion, and an approving vote at the Faculty Council. Why should a not undergo the same rigorous process? 1L students are not guinea pigs for the Faculty to test curriculum changes that lack majority student (and even faculty) support, and are not grounded in evidence nor consultation. The pandemic has networking events, employment opportunities, socials, and many other things that drew us to pursue our studies at the University of Toronto. The change to the 1L curriculum has forced us to lose yet another opportunity to foster a deep relationship with our peers and a law professor, and has those before. The Faculty cannot undo our experience, but they ought to reconsider this decision moving forward.

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OPINIONS

January 27, 2021 | 23

Point/Counterpoint: “Normies” Outside Law School?

Two law students go head-tohead on the topic of law school friendships

Point: By Lara Zarum (1L , Osgoode) I f igured it would be easy to write about why it’s important to have friends outside of law school, considering I have no friends in law school. Friends? In this economy?! At the moment, my closest friend is my dog. We didn’t ask to start law school in the middle of a pandemic. We didn’t choose to attend classes over Zoom, where our potential besties are stuck in tiny boxes — f loating heads debating the separation of powers, the remoteness doctrine, and the necessity defense. Log of f, switch windows, read, eat, sleep, log on, repeat. If anyone has managed to make friends in this barren wasteland where human connection goes to die, good on you. Even if we were able to physically go to class, grab a cof fee or a drink with classmates, head the to library together, hold hands and braid f lowers into each other’s hair in a grassy meadow, I would still advocate for holding onto the friends you had before you came to law school, and — to the extent your time and energ y allows — making new friends outside of it. Law yers, and by extension law students, can be an arrogant bunch. We’re high achievers who are used to being at the top of the class. We’re type-As, eager to point out a typo or clarify a muddy instruction. We are, to put it in humble terms, the future masters of the universe, armed with the kind of knowledge that’s synonymous with power. This is precisely why it’s so important that we maintain real connections to people outside the profession. To be blunt, we are not so special, and “normie” friends help keep us honest. This is true whether or not you belong to the professional class. Workers in every industry form ties based on the kinds of things only their fellow journeymen can appreciate. If you ever held a job as a barista, bartender, or retail salesperson, you know what I’m talking about. The eyerolls at rude customers, frustration over malfunctioning equipment, aching feet from standing all day — these experiences function as social adhesives just as much as participating in a mock trial or collaborating on a factum does. Maintaining friendships outside of law school gives you a wider perspective on the kinds of challenges facing working people of all stripes. And as future law yers, we need a wide

perspective on the world. It’s easy to go down a rabbit hole tr ying to parse a dense paragraph in a Supreme Court decision or interpret a vague statute. It’s harder to balance this nuts-and-bolts expertise with the bigger picture of what law yers do — the point of our insightful analyses and eloquent arguments. No matter what area of the law you’re interested in, keeping close ties to people outside the world of law can remind us of this larger context. A friend lamenting her unpredictable earnings driving for Uber gives texture to scholastic debates about labour law in the gig economy. A conversation over drinks with a friend who works as an engineer might yield invaluable insight into the legal challenges of transitioning Canada’s economy from oil and gas to sustainable resources. On top of these contextual advantages, friends outside law school can help keep us sane at a time when I suspect many of us are drowning in boredom and despair. Life these days largely consists of reading cases and logging onto Zoom. Reading the news is probably not the escape you’re craving. A conversation with a friend who has no skin in the cutthroat game of law school can be a true relief, if only for a moment. Having said all that, I’m not sure I really accept the notion that we should think of law-school friends as belonging to a separate category than the rest. There’s no need to hold an us-versus-them mentality about our friendships — the legal profession is adversarial enough. To paraphrase a self-help book with an embarrassing title I once wept into during a lunch break at an of f ice job: we’re all just people. There’s no way we’re going to get through this year, let alone two more, without the people who boost us up when we’re down. My advice at this point is to do whatever it takes to keep yourself motivated and engaged. Friends — be they classmates, co-workers, or canines — are a crucial part of that equation.

Counterpoint: By Ivy Xu (1L , U of T Faculty of Law) Friendships are, almost by def inition, valuable. In an ideal world, we would keep all of them. But law school does not af ford the luxury of time for attending every virtual gathering or responding to ever y latenight rant. The question of whether we should maintain non-law friends must therefore be framed in a comparative lens: with a given amount of time and energ y, should you invest in maintaining non-law connections or enhancing your law school friendships? We rely on our classmates for a lot: notes, outlines, counseling service, and relatable memes. It is a cliché, but, professional connections and life-long friendships start at law school. The pandemic makes this harder, but this dif f iculty is easily overcome by the mutual recognition that we need each other. My classmates and I have gone on socially-distant walks, held Netf lix Parties, and gossiped during Zoom classes (and researched if private messages are visible to hosts). There is a perception that law school is full of Type A personalities, and your only breathing space is non-law friendships. Even if this were true — and I believe it isn’t — complaining to non-law friends is not a sustainable coping strateg y. I may burn them out before they fully understand why I need to outline every case before an exam. In comparison, I actually f ind people in the law school more likely to relate to how much I care about grades, for example. Ultimately, we are in the same program and same profession for the long haul, and there is an incentive for even competitive people to build mutual support — even if it’s just for their own benef its. I also doubt how much ef fort is required to maintain non-law connections. We enjoy catching up with old friends, but this does not require substantial time commitment on a regular basis. Fortunately, COV ID-19 has to some extent normalized out-of-theblue catchups: I reached out to my travel buddies from exchange, and a high school friend asked how I was doing. Friends don’t disappear when you start law school. On the contrary, friends who slip away merely because you get caught up with school may not be worth maintaining anyway. The belief that we must be intentional with our friend circle perhaps ref lects a contemporary sense of anxiety common to

our age group: what if we are going through a quarter-life crisis starting with the attrition of friends? This is perhaps more of a problem for millennials in full-time jobs; in law school, most of us are interacting with a lot more people of our own age. Law school is also arguably more diverse in experiences and interests than a team or department in an average workplace. We might have lost some non-law friends, but we could easily make new friends in law school. A lthough non-law friends can provide perspectives from outside the profession, I wonder if those tend to dif fer signif icantly from our own. In law school, we are a selfselected group with a set of shared traits: we enjoy arguing or advocating for social justice (or making money). Your current friend group is just as likely to be self-selective with similar backgrounds and interests. In other words, constructing a “diverse” circle of friends does not automatically save you from an insulated mentality or help you retain the sense of humility important for the profession. Some people in law school have to balance part-time jobs to pay tuition, and the fact that such struggles are not yet openly discussed in law school does not preclude introducing such perspectives in classrooms or private conversations. What we learn from friends — within or outside law school — is still up to us. In fact, I disagree that there is anything intrinsically unique about being in law school that requires a dif ferent approach to friendships. When I f irst received this Point/CounterPoint topic, I wondered if it implied an unjustif iable amount of self-regard. If I pursued a Master of Arts degree, would I be forced to make a decision about friends outside my new program? Probably not. And law school friends are not objectively more important than non-law ones somehow. But you naturally gain and lose friends over time. We prioritize law-school friends because we can relate better, and we frankly need each other to survive another weird semester online.

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RIGHTS REVIEW The International Human Rights Program at the University of Toronto Faculty of Law An independent student-led publication Editors-in-Chief: Rachel Bryce (4L JD/MGA) and Abdullah Jamshed Khan (2L) Senior Editors: Taskeen Nawab (2L) and Sabrina Sukhdeo (2L) Junior editors: Martha Côte (1L) and Sterling Mancuso (1L) Graphics Editor: Yuxuan Wu (2L) Social Media Editor: Ellen An (2L)

AN INTERVIEW WITH NATHALIE DES ROSIER ON THE “PANDEMICS AND THE LAW” INTENSIVE CLASS COEDITORINCHIEF, ABDULLAH KHAN, SITS DOWN WITH DES ROSIER TO DISCUSS THE HUMAN RIGHTS By Abdullah Khan (2L) On January 20, I had the opportunity to interview Nathalie des Rosier via Zoom. She is the current Principal of Massey College and served as the former MPP for Ottawa-Vanier and former Ontario Minister of Natural Resources and Forestry. des Rosier recently taught the January Intensive class “Pandemics and the Law” for the Faculty of Law. AK: Could you speak about the course “The Law of Pandemics” and how it touches upon the subject of human rights law? NR: It was a pleasure to build a course on pandemics and law. I am grateful to the students and the guests I had for contributing to this of pandemics and our human rights framework. The course was built with two objectives: understanding the legal consequences of a pandemic and understanding how pandemics afthe legal system. How do we create a human rights framework for the management of pandemics? We looked cratic oversight, the role of emergency powers, the role of the courts in oversight, and the limits of emergency powers in Canada. We looked at what international law says about pandemics asking, “what are Canada’s international obligations?” Then we went into race and pandemics. It is clear that the pandemic has emphasized racial

equity data that would not only help us understand the pandemic’s impact but to guide pandemic management in the future. The course then moved on to look at law and disability, and the way in which people with dissumptions made in a pandemic, for example, in the triage of scarce resources such as ventilators. We looked at the impact of the pandemic on homelessness and on the traditional civil liberties framework — looking at the case of travel bans and the case of irrationality in regulations, or distinctions that might have been made beThe course looked at the impact on temporary foreign workers and essential workers, and their heightened exposure to the virus. Worker protections are essential.

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Lastly, taking a law reform angle, we asked ing a human rights framework in mind. AK: You mentioned that the pandemic has had a disproportionate impact on racialized communities. How can we address this?

2. Sick days (leave) 3. Bans on evictions 4. Greater mental health support

AK: You talked about the law reform proposals. Could you give us some insights into what you are working on? NR: Creating a human rights framework for pandemic management is one.

NR: We need to diminish discrepancies [be-

The Premier, Solicitor General, and Minister for ister of Social Services has to be part of the

Another issue is whether we should have a no-

wages, and ensuring appropriate housing is distributed fairly will go a long way. The pandemic highlighted existing inequalities but also re-emphasized them.

We saw that it was possible to house homeless populations, for example using hotels. But we have to think about solutions in the longer term.

It’s not a windfall but the compensation takes

Some presumptions in pandemic decisionmaking were rooted in the middle class [as a

AK: human rights framework?

home, a safe home, a home comfortable for all family members to work, play, and study at the same time, a home without violence or threats. A safe home can be a scarce resource.

NR: A human rights framework demands that all decisions are made under that framework. Whether they are re-emphasizing discrepancies or minimizing discrepancies. There must be accountability for the decisions. It is complicated to distribute vaccines; everyone wants it yesterday. There will be mistakes. The premise of this course is that pandemics will happen again. They will not be exactly the same, but the legal infrastructure, thinking, and action.

The Ontario government has instituted a statute that prevents people from suing a store if they got COVID at the store if the store followed public health guidelines. So, immunity has already been granted in some contexts. Can a no-fault system accompany that immunity?

Second, pandemic management must not only look at the necessity of the restrictions. There must be restrictions and support enacted to help alleviate restriction impacts. That would require: 1. Financial support. We will want to see if

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penses, etc.

Another angle for a no-fault system could be There was a no-fault system in place for family members after 9/11, and I am still working on seeing whether such a system can be put in place in this context.

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REFLECTION ON EMPIRICAL RESEARCH ON THE LEGAL PROFESSION A 2L STUDENT’S PERSPECTIVE ON THE HUMAN RIGHTS COMPONENTS OF THE EMPIRICAL RESEARCH INTENSIVE By Ellen An (2L)

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We all know that the practice of law is highly selective and competitive. Even years before we became law students, many of us worked hard to maintain a stellar academic record, practiced for the LSAT, and crafted impressive personal statements. However, until I took Professor Ronit Dinovitzer’s intensive course, “Empirical Research on the Legal Profession,” the prestigious and exclusive nature of the legal profession remained, to me, a somewhat nebulous narrative rather than a social reality grounded in historical fact . Without diving too deep into the fascinating sociological literature and empirical studies discussed in class, I will lay out my thoughts on the implications of professionalism for diversity in the legal field. Members of any occupation may decide to establish a professional system of selfregulation to maximize their income, reputation, and practical autonomy. As appren-

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ticeships declined in popularity throughout the twentieth century, bar associations across North America controlled the supply of lawyers by establishing standardized entrance examinations and encouraging law schools to elevate their admission requirements. According to John Sutton, despite traditionally explicit entry barriers based on ethnicity, family ties, gender, and citizenship,, legal education became increasingly available to women and minorities by the 1960s. Nevertheless, in a study following American law students who graduated in 2000, after 12years of practice, about half of African American women experienced some form of discrimination or harassment in the workplace whether it was in government or private firms.

dominance of traditional elites despite increasing numbers of women and minorities being called to the bar. Top-tier law firms traditionally hired individuals who excelled in technical competence, exhibited authoritative leadership, and valued work devotion over family commitments. Contrastingly, female lawyers are often presumed to carry the “risks” of motherhood and suffer from a mismatch between their contribution and the type of productivity valued at workplaces that historically idealized the male ethos. Being a “good fit” may be even more challenging for marginalized lawyers, who often alter their lifestyles, change their first names, or ignore discriminatory behaviors simply to appear more likable to the predominantly Caucasian partners at their firms.

On average, stratification within the legal industry has successfully preserved the

In the wake of #BlackLivesMatter and #MeToo, it is sobering, yet hardly surpris-

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ing, that racialized women are seven times less likely to become an equity partner than white men. As law students, we are told that sustainable change in the law must be done incrementally. As a future lawyer, I wrote down some notes to help myself become part of the social change I wish to see. First, acknowledge that business law and bigger firms are prestigious, but the practice of law is not just a business; it serves and promotes justice. Second, if you manage to “make it” one day as a mentor and advocate for younger lawyers, remember that the only rational purpose for professional exclusivity is quality control, and a person’s work ethic is as unrelated to how much they may look like you as whether they share your preference of tea over coffee. Third, take care of yourself - according to the World Health Organization, COVID-19 will not be the last pandemic.

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PUNISHING GENOCIDE: AN INTERVIEW WITH PROFESSOR PAYAM AKHAVAN REVIEWING THE THEMES AND ISSUES FROM THE INTENSIVE SEMINAR ON INTERNATIONAL CRIMINAL LAW By Rachel Bryce (4L JD/MGA)

PHOTO CREDIT: HUMAN RIGHTS WATCH: HTTPS://WWW.HRW.ORG/NEWS/2020/09/02/QA-INTERNATIONAL-CRIMINAL-COURT-AND-UNITED-STATES

This interview has been edited for clarity and concision. Professor Payam Akhavan is a Senior Fellow at Massey College, Member of the Permanent Court of Arbitration at The Hague, and Distinguished Visiting Professor at the University of Toronto Faculty of Law. He was formerly the Legal Advisor to the Office of the Prosecutor of the International Criminal Tribunal for former Yugoslavia at The Hague and appeared as counsel before several international courts. This January at the Faculty of Law, Professor Akhavan led the intensive course entitled “Punishing Genocide: An Introduction to International Criminal Law.” RB: Thank you so much for joining me to provide an overview of the important and challenging questions raised in our intensive. In our intensive, you expertly wove the themes of peace versus justice and victim-centeredness throughout our discussions of international criminal law’s history, structure, and jurisprudence. Let me ask you, in your view, what tension exists between peace and justice? Do you see one as more important than the other? PA: Thank you very much. I'm very pleased to be doing this interview and sharing some thoughts on what we covered in the intensive course.

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The so-called peace versus justice debate emerged in the context of the United Nations (UN) for the first time with the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, because prior to that, the UN had never established such an accountability mechanism. The prior precedent was the International Military Tribunal at Nuremberg, where there probably wasn't much of a peace versus justice issue, because Germany had been vanquished in war. That was more an instance of victor's justice. In the context of the former Yugoslavia, there was a tribunal established while there was an ongoing armed conflict. So, there were two imperatives — some would say complimentary, others would say competing. One imperative was to bring to justice the perpetrators of ethnic cleansing and genocide, whereas the other was the obvious imperative of achieving a ceasefire and lasting peace, in order to put an end to the violence. Some were of the view that issuing arrest warrants against political and military leaders who were required, by virtue of their position of authority, whether we like it or not, to agree to any ceasefire or peace settlement, would be a disincentive for them to stop the fighting. Why would you stop the

fighting, if at the end, you would end up being prosecuted? A few call this a so-called realist argument — political realism at its best. We may not like the butcher of Bosnia,

they're in positions of power, and we need to negotiate with them to conclude a peace agreement. Others were saying that given that the same leaders were the pyromaniacs, in effect instrumentalized ethnic hatred and violence as an instrument of power. What kind of peace would we have if there was no accountability for the crimes that had been committed? Others took, perhaps, to use a term from Johan Galtung, the idea of positive rather than negative peace — that a peace isn't just about ceasefire, but also about creating conditions for sustainable peace and reconciliation and development. This debate would be revisited in many different contexts in the context of Sierra Leone, in the context of Darfur, and even today in the context of Myanmar, where the realists say that we need to not be naively idealistic, and should understand that, in certain instances, it may be better to have imposed amnesia to sweep things under the carpet rather than to insist on justice. I would add that in addition to armed con-

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flict, the same applied prior to the establishment of the ICTY, in a domestic context, to democratic transitions. In the so-called Southern Cone countries of Latin America, such as Chile, Argentina, and Uruguay, the price for the surrender of power by military rulers was self-imposed amnesty, or in the case of Paraguay, an amnesty that was approved by referendum. I think that this, in summary, is what the peace versus justice debate is about. It continues to be an issue with the International Criminal Court (ICC). The question we have to ask ourselves is, do we want just a short term peace, or a long-term sustainable peace, and is there an imperative beyond the specific context of a given conflict or country to create systemic change — to transform the culture of impunity in international relations that, in fact, incentivizes and rewards violence? RB: It comes back to this idea of contextuality, which ties into the second theme of victimHowever, these themes are distinct, and I wondered whether we could move to your perspective on the role of victim-centeredness in the international criminal law processes. How might victims be better centered in these pro-

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cesses, if at all? Does this process appropriately meet the victims’ calls for justice? PA: Well, when we talk about justice, one intuitively turns to the reality of victims and survivors and perhaps at a very fundamental—one concedes primordial—level of human nature, it is the suffering of victims that compels us to seek justice. There is a lot of talk about victims, whether in political, scholarly, or activist circles. But, who is this person called, “the victim”? What is the proper role of survivors in reckoning with the past in situations of collective trauma and systemic violence? Obviously, it is desirable to ensure that those who are first and foremost affected by this form of violence are given some form of redress. This is an intuitive idea that we have about justice. On the other hand, when we look at criminal justice, punitive justice, as opposed to restorative justice, as opposed to truth, reconciliation, healing, and all these other ideas, we realize that the protagonist in a criminal trial is not the victim. It's the defendant. The process is about the guilt or innocence of the person who is accused. In that context, while one can encourage victim participation and access to justice in the sense that victims should be able to see such a trial and have some satisfaction that a perpetrator has been held to account, the relevance of victims is largely as witnesses. We know that witness testimony is really a very narrow slice of the truth, if you like, of a survivor. First and foremost, witness testimony has to be directed at the specific defendant in a trial. If someone (other than the defendant) is responsible for your victimization, the testimony, at best, would be relevant to establish a pattern of conduct, but it can by no means result in the conviction of the accused. What you see sometimes is a victim who could testify against what a senior military commander did, by way of pattern evidence, but that victim may be more interested in bringing to justice her next door neighbor who betrayed her trust. Even where a victim is a direct witness against the accused, the testimony is presented within the structures of examination and cross-examination. In that sense, it is adversarial. It is not about healing or reconciliation. It is a situation where the prosecution tries to get the best possible testimony from the witness and the defense tries to impugn the credibility of the same witness. That is a far cry from a truth commission, where a survivor can speak about how it felt to have lost her child. Her feelings about having lost her child may be largely irrelevant in a criminal trial. But from the point of view of the healing of that survivor, or the wider survivor community, and from the point of view of achieving reconciliation and transforming the culture of hatred and violence, which invariably characterizes such a context, perhaps the truth commission is more susceptible to being victim-centered, so to say, than the criminal justice process. All this to say, it may be very easy to pay lip service to the idea of victim-centered justice — it's very fashionable, it's very progressive — but in practice, it's a very difficult question. It depends on a multitude of variables. RB: It is quite complex to imagine justice for the victims when it is within the construct and the constraints of a clear legal process. But turning to Truth and Reconciliation Commissions or other forms of customary accountability and customary justice, and connecting that to the concept of admissibility to the International Criminal Court - How do you see these customary forms of justice perhaps being considered as the complimentary form of justice that is required to be demonstrated before ad-

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missibility to the ICC? PA: Well, as you are aware, the ICC statute sets forth a system of complementarity, whereby the ICC is complementary to national jurisdictions, which means that where the national judicial system is investigating or prosecuting the same person for the same conduct, primacy is given to the national judicial system. The ICC under such circumstances may only exercise jurisdiction, if notwithstanding that investigation or prosecution, the state is unwilling to genuinely impose accountability (i.e. sham proceedings) or where the domestic judicial system is unable to effectively achieve justice because of the collapse of the judicial system. Underlying the principle of complementarity is the premise that, in some respects, local justice may be preferable to global justice. For practical reasons, the forensic evidence, the witnesses, the victims, the survivors, the society that is directly affected is not in The Hague. It is in that particular location, which often is quite a distance away, both geographically and culturally, from the reality of The Hague. At the same time, there is an element here of local ownership, empowerment, and capacity building, so that a national judicial system is given the opportunity to reckon with the past and to strengthen the institutions which are invariably going to be very seriously compromised in the context of mass violence. No country emerging from crimes against humanity will have a model judicial system; it's very difficult to imagine that. Your question, though, raises a different issue. What if the model of justice being pursued is not punitive justice, or not punitive justice as we would understand it in the western liberal tradition of a criminal process. This really is a largely untested issue; it has never been the subject of an admissibility challenge in proceedings before the ICC. Perhaps it's a matter of time before it will be. In the first instance, there is an element of discretion that the ICC prosecutor can exercise in determining, for instance, whether she should initiate an investigation if there are domestic efforts, which falls short of the criminal justice process, but which still impose some form of accountability that's acceptable in that society. Rwanda is a very good example. Because at the end of the genocide in 1994, there were approximately 130,000 people who were put in the prisons of Rwanda. You can imagine that exterminating up to 1 million people in a three month period, in a relatively poor, underdeveloped African country, required hundreds of thousands of willing executioners. So you have hundreds of thousands of potential perpetrators to prosecute. It's simply impossible to prosecute all of them, and, bearing in mind that international trials are very costly and time-consuming, only a small fraction of those perpetrators could be prosecuted in The Hague. By necessity, domestic mechanisms have to play an important role. The question is, what if, in that particular culture, Rwanda, there are traditional forms of justice such as Gacaca courts, which means literally “justice in the grass?” These resemble in some respects Indigenous sentencing circles where you are called to account before your own community. It is the intimacy of local communal belonging that allows for a justice mechanism, which in our modern impersonal cities would be unthinkable because of the widely divergent context. The Gacaca is an interesting model, because it wasn't just traditional Rwandan justice, but there was actually legislation establishing these mechanisms and giving them a quasi-punitive dimension, which ac-

tually, was not consonant with the tradition as it existed historically. My own sense is that, by necessity, the ICC will sooner or later have to accommodate other forms of justice, so long as they fulfill the basic rationales of retribution or deterrence, or even wider goals of healing and reconciliation, which we would not ordinarily relate to domestic criminal justice but which, in the context of mass violence, may make more sense as one of the purposes of punishment. It's always a delicate balance between accommodating the local needs and realities without compromising the systemic needs of eradicating a culture of impunity at the global level. Once we start making exceptions in this or that country, that could incentivize tyrannical leaders in other countries to negotiate their way out of some form of accountability. A Truth and Reconciliation Commission, however, I think is the most problematic [in tion Commissions, for the most part, are victim-centered - to go back to your prior question - and they're really largely about the stories and lived experiences of survivors. It may be, as was the case in South Africa, that perpetrators are given the opportunity to gain immunity by testifying and confessing to their crimes, which could be seen as some form of accountability. Once again, one would have to really think about the underlying purposes of criminal justice to determine whether a modified version of a truth commission, which imposes some measure of accountability, should satisfy the complementarity principle. I will just end on one note, we know also from the jurisprudence of our own Supreme Court in Canada that the two distinguishing features of criminal justice are sentencing, basically a term of imprisonment, and stigma. Stigmatization itself is seen as a form of punishment, independent of imprisonment. In that context, it is not inconceivable that public shaming, not necessarily of individuals, but of forms of conduct could be seen as a form of criminal justice as well. RB: Thinking about the future of international criminal law and perhaps expanding our understanding of justice and justice-seeking processes, I would like to push further and think about changing areas and exciting or new directions that international criminal law will be taking in the next decade or two. What are you looking at? What do you see as a burgeoning or exciting area? PA: I would say that there are two levels at which the idea of eradicating a culture of impunity operates. One is the global, the other is the local. The two, while existing on somewhat different planes, are very closely related. One can either reinforce or undermine the other. At the global level, we now have, since 1998, the ICC Statute. At long last, we've achieved what was dismissed for so long as a farfetched fantasy that would never come to pass. We shouldn't take for granted that we have an ICC in the Hague today. Nonetheless, the institution is still fledgling; it is weak; it is under-resourced. There are many challenges with competence — a bureaucratization of an institution that is often very distant from the reality of societies that have experienced these forms of collective violence. There's significant room to improve the ICC in its internal functioning by making it a more efficient, professional organization that is more connected to the realities of these sorts of sites of sorrow across the world, which are often out of sight, out of mind in a big bubble. This goes back to the problem of paying lip service to victims, but

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not really engaging with them in meaningful ways. But I think the most central aspect of the ICC is the support of the international community. The international community, in particular powerful states — the United States, Russia, China, India — these countries have to ultimately lend their support to the ICC in order to make it effective, even if they're not State Parties to the ICC Statute. There has to be buy-in by powerful actors so that the ICC can slowly be mainstreamed. In the culture of international politics, we need to shift our politics away from these sorts of myopic Machiavellian calculations towards what we call, perhaps in an antiseptic fashion, a rule-oriented international order. Rule-oriented international order sounds very functional and very manageriain the discourse of global governance. But when we're dealing with these fundamental principles of international law, it is really about bringing to the surface a core global ethos, rather than simply adopting a managerial model as we would in respect of trade and finance, and other forms of transnational relations. I would say that popular movements are going to be very important. We've now seen, in the era of populist hatred and xenophobia, the dangers of apathy — when people are indifferent and ignorant of what is going on around them. Just as a culture of accountability is contagious — to borrow a term in the midst of the pandemic — impunity is also something that spreads like a virulent disease. We may have thought that we in the Western, liberal world are somehow immune from what happens in all those “other countries” that experience populist hatred and demagogic leaders in times of turbulence, but we've now had a wake-up call. Perhaps it's good that we've had a wake-up call. In a sense, our foreign policy and our domestic political culture are connected to one another. When we hold our own leaders accountable, by extension, our foreign policy should also be supporting global institutions that aim to achieve the same accountability of global leaders. Another dimension is to realize that, beyond feel-good activism, justice is actually essential for peace and security. We need to redefine political realism. Is it realistic to say that we will allow people to commit genocide with impunity and at the same time to say that we will achieve peace and stability, that we will be able to prevent mass migration, organized crime, environmental destruction, the spread of terrorism, and a whole range of other issues which are intimately connected with failed and fragile states? Once we begin to understand the sort of inextricable interdependence of humankind — not as a distant poetic dream, but as an inescapable reality, which only the foolish can ignore to their detriment — then I think the viability of the project of justice, whether at the local or global level, will begin to be perceived in a very different light. This is a very long answer to your question. What I see happening in the coming years is not so much that there will be some new mechanism or new concept or theory, but that we will hopefully be able to create a global constituency, both at the grassroots and elite level, that begins to take accountability seriously. RB: Thank you, that's an excellent summary of an excellent seminar and a bright point of hope to end on. Is there anything else you would like to add? PA: Just that I am just very sorry it wasn't possible to teach the seminar in person and to get to know all the outstanding students who I could only see as an image on my screen. Hopefully another time.

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28 | January 27, 2021

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Diversions Presents: 2021 New Year’s Resolutions A series of New Year’s Resolutions that are perfect for the “unique” world we’re living in HARRY MYLES (1L) We made it! We survived one of the worst years in can only go up from here (right?). I will admit, 2021 insurrection incited by a sitting president, and then the second impeachment of said president. Meanwhile, COVID-19 proved it has no plans of quitting anytime soon with record high case numbers in Ontario and more contagious variants popping up in South Africa and the United Kingdom. All of this culminated in a second provincial emergency with a ary. That being said, it is the start of a new year which means setting New Year’s resolutions! Yes, the ageold tradition of people committing themselves to selfimprovement at the start of each year, only to see these resolutions slowly evaporate after about a month. But you know what? We’ve been through a

harsh year and 2021 seems like it will also be quite tough. So this year, why not choose some easy resolutions that are perfectly attainable given the strenuatgling to live up to these commitments, that’s totally you. 1. Don’t get COVID: you may not be able to control this one given that no one chooses to get COVID, but if you manage to make it through the year without a positive test, I think that deserves a pat on the back. 2. Get vaccinated: once again, this is not really something you can control, which makes it the best resolution! All you have to do is sit back, abide by the public health guidelines, and wait until your time comes. Easy-peasy. 3.

stay-at-home order, you probably won’t need your masks quite so often right now. It’s the permonths-old fabric face coverings, we know you’ve been meaning to do it for ages but just never got around to it. 4. Go outside: we’ve all been there. You wake up, log-on to Zoom School, and remain in front of your computer for the next eight hours, sitting through countless classes, meetings, and TikToks. Next thing you know, the sun has set and it’s time for bed and you never even left the house! This year, I think we can all commit to stepping outside for a quick jaunt around the block at least once during 2021. Soak up some of fresh air. Alternatively, in the era of Zoom School, I’d say it’s a win if you just leave your room for more than bathroom breaks and food.

5. Don’t kill your plant: in the era of COVID, it seems like people have taken to plant ownership as a way to occupy the time and spruce up their living space. Speaking from experience, for some people plantcare is a huge undertaking and perhaps the hardest resolution on this list. But, I believe in you! Try to go through the whole year without killing that succulent on your desk. If you won 2021. 6. Keep on keeping on: New Year’s Resolutions can be a stressful pressure to stay “productive” and “improve yourself.” But we're still in a pandemic, and waking up every day ready to take on life is enough of an accomplishment given the circumstances. We have all done remarkably well and the end is (hopefully) in sight. Hang in there. I have the utmost faith that we will all make it through to the end.

Things I Didn’t Have On My 2020 Bingo Card: Law Student Edition 2020 was a wild year. Here are the things we never expected to happen HARRY MYLES (1L) (WITH CONTRIBUTIONS FROM ERICA BERRY (1L), NICKY YOUNG (1L), AND SHAE ROTHERY (1L))

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DIVERSIONS

January 27, 2021 | 29

The Most Popular Google Searches by Law Students in 2020 When you’re lost and confused, Google always has an answer HARRY MYLES (1L) 2020 was a pretty rough year and we all experienced some moments of utter confusion and aimlessness. Thankfully, Google was always there to save the day! Here are the most popular Google searches by law students in 2020, or at least what they probably were. 1. Why did I go to law school in a pandemic? 2. Can you defer law school in a pandemic? 3. How to: download Zoom, raise your hand on Zoom, mute yourself on Zoom, share your screen on Zoom (let’s face it, Zoom was pretty 4. Can professors force you to turn on your camera? • Follow up: Do Zoom students have any rights? 5. Can professors read your private Zoom messages? • Follow up: How do you delete your private Zoom messages? 6. How do you delete a private message sent to Everyone on Zoom? 7. Is coughing on someone a tort? 8. Is law school worth it? (this one probably comes up every year, let’s be honest) 9. How do you network in a pandemic? 10. How do you make friends over Zoom? 11. Do Juris Doctors get vaccine priority? (after all, we are doctors) • Follow up: Juris Doctors should get vaccine priority: prove me wrong 12. What do prima facie, inter alia, contra, and supra mean? 13. How long is too long to sit in front of your computer? 14. Can I put “survived Zoom School” on my resume?

BY JENNIFER SUN (1L)