Ultra Vires - Vol 20 Iss 2, Oct 2018 by Ultra Vires

ULTRAVIRES.CA

OCTOBER 31, 2018

VOL. 20, ISS. 2

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

Professionalism Training Proves Controversial 1Ls react to speaker’s comments on #MeToo HONGHU WANG (2L)

GRAND MOOT PARTICIPANTS AND JUDGES. FROM LEFT TO RIGHT: DEAN IACOBUCCI (LLB ‘96), CHRISTOPHER PUSKAS (3L), DEVYN NOONAN (3L), JUSTICE ABELLA OF THE SUPREME COURT OF CANADA (LLB ‘70), JULIA KIRBY (3L), MEENA SUNDARARAJ (3L), JUSTICE FELDMAN OF THE COURT OF APPEAL FOR ONTARIO (LLB ‘73), NIC MARTIN (3L), HOLLY KALLMEYER (3L), AND JUSTICE MORGAN OF THE ONTARIO SUPERIOR COURT OF JUSTICE (LLB ‘84).

2018 Grand Moot Recap LIAM THOMPSON (2L)

Exemplary advocacy on display This year’s Grand Moot was a legal tour de force on one of the most pressing legal issues of the day. The Moot took place before an esteemed panel consisting of Justice Edward M. Morgan of the Ontario Superior Court of Justice (LLB ‘84), Justice Kathryn N. Feldman of the Court of Appeal for Ontario (LLB ‘73), and Justice Rosalie Abella of the Supreme Court of Canada (LLB ‘70). The problem was a thorny one: was the government’s current jury empanelment procedure constitutional? In R v Carol, the accused, Gladys Carol, an Indigenous woman living on-reserve in the northern reaches of Flavelle, was charged with second-degree murder. She claimed self-defence. Before the case could be decided on its merits, an application was made to f ind the Government of Flavelle’s jury empanelment procedures in violation of Carol’s ss. 11(d), 11(f ), and 15(1) rights due to the underrepresentation of Indigenous people on Flavellian juries. Via public interest standing, Carol also advanced an argument that the s. 15(1) rights of potential Indigenous jurors were infringed by their underrepresentation. The appellant Carol was represented by

Nic Martin (3L) and Holly Kallmeyer (3L). They advanced the argument that the government’s failure to increase jury representation led to a failure to include Indigenous perspectives on the jury. It was advanced that this failure led to an appearance of institutional partiality and a corresponding breach of Carol’s s. 11(d) and 11(f ) rights. Additionally, the benef it of a jury that properly represents its judicial district (provided by the provincial Juries Act) was denied to Carol, thus violating her s. 15(1) rights. Correspondingly, the s. 15(1) rights of the potential jurors were abrogated by their exclusion from the jury roll. None of these alleged breaches were justif ied under s. 1. The respondent government was represented by Julia Kirby (3L) and Meena Sundararaj (3L). They contended that the efforts made to compile a representative jury roll were suff icient, and pointed out that the appellant conceded that the petit jury would be independent and impartial. Carol’s s. 11(d) and 11(f ) rights were thus not infringed. In terms of s. 15(1), it was stated plainly that the Court cannot order the creation of an ameliorative scheme under s. 15,

and further that the government’s efforts did not create a distinction on an enumerated or analogous ground that either denied a benef it or imposed a burden on those living on reserve. The moot was hard fought. There was brevity: MS KIRBY: I would like to begin by noting that if this Court does not agree with the Crown in this matter, we intend to invoke s. 33. There were hard questions: ABELLA J: Which case is that? MS SUNDAR AR AJ: Law v Minister of Employment and Immigration. ABELLA J: Oh, the one we overturned in Kapp? Okay. Just saying. There were sparkly sneakers on Justice Abella’s feet. While the justices reserved judgement, we would be hard pressed to come up with any result where the mooters were anything other than exceptional future lawyers. We extend our admiration and congratulations to the mooters who put in so much effort in providing an exemplary demonstration of what true advocacy looks like.

The sexual assault allegations against movie producer Harvey Weinstein were f irst reported in October 2017. This month marks the one-year, post-Weinstein anniversary of #MeToo, a collective reckoning of the extent that men in professional positions abuse their power. On October 12, Andrew M. Shaughnessy, a Partner at Torys LLP and an Adjunct Moot Advisor at the University of Toronto Faculty of Law, gave a presentation to the 1L class at their mandatory professionalism session; the portion on the #MeToo movement has proved controversial. At least one slide, where #MeToo was misspelled #MeeToo, was removed by Assistant Dean Sara Faherty before she posted the presentation online. Shaughnessy cautioned at the beginning that he was not the best person to speak to the #MeToo movement, but that he included the slides because it was topical. “In the age of #MeToo, we need better standards, not just to avoid being called out later… You can’t be called out if you live your life to a high standard of behaviour,” he said. Shaughnessy mentioned, by way of example, that a female colleague of his retired at 9 PM while on business trips “because nothing good happens after 9 PM.” He continued, “To change our behaviour so that f ifty percent of our colleagues don’t have to live in fear of unwanted advances, #MeToo does not have to mean it happened to me too. I want #MeToo to mean, ‘I went out and got clients.’ ‘#MeToo.’ I’m saying that we need to treat women with respect… In an age where #MeToo is happening, if we lived our life to a higher standard, hopefully this behaviour can be eradicated.” In a vivid illustration of the problem #MeToo attempts to address, he provided the 1Ls with a cautionary tale of the “Class of DDS 2015 Gentleman’s Facebook Group”, the controversy of dental students at Dalhousie University in 2011–12. He apologized that some of the bullet points on the slide were of fensive. He emphasized that students should be very mindful of their conduct, even during their early days. “I’m sure that some of these guys thought it was okay to have a Facebook group, but obviously look what happened as their behaviour devolved”, he warned. Continued on Page 3

ALSO IN THIS ISSUE REFLECTIONS ON KAVANAUGH

RIGHTS REVIEW

CANNABIS SPECIAL

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2 | October 31, 2018

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In This Issue Ultra Vires is the independent student newspaper of the University of Toronto Faculty of Law. We provide a forum for diverse viewpoints on topics of interest to our readers. We aim to foster dialogue on academic and social issues between students, the faculty, and the broader legal community in Toronto, Ontario, and Canada. Our content does not necessarily ref lect the views of the Editorial Board. Ultra Vires is printed by Master Web Inc.

EDITORS-IN-CHIEF Chloe Magee & Honghu Wang

CHLOE MAGEE (2L) AND HONGHU WANG (3L) Aut umn is i n fu l l sw i ng. Classes a re ra mpi ng up a nd procrast i nat ion ca n now t a ke t he for m of frol ick i ng t hrough a colour fu l ca mpus a nd sippi ng wa r m d r i n k s, un less you’re doi ng t he recr u it, i n wh ich case “P SL” is not t he t hreelet ter acrony m most t a l ked about. I n t h is issue, we ref lect on event s t hat have shaped t he d ia log ue at t he law school: t he recent K ava naugh appoi nt ment ( page 8), t he ever-i ncreasi ng t u it ion ( page 5), a nd t he cu lt ure of t he law school a nd t he lega l com mun it y ( page 11). T h is mont h a lso ma rk s t he lega l i zat ion of ca nnabis ( page 13). I f you’re t ired of read i ng about cur rent issues, joi n us i n t a k i ng a look back t hrough our a rch ives w it h a piece from 1999 det a i l i ng t he h istor y of some of t he physica l spaces at t he law school ( page 9).

T h is issue a lso i ncludes a nony mous quotes a nd a n a nony mously penned piece. Our pol ic y is, a nd a lways has been, t hat sources a nd w r iter s shou ld be na med. However, we recog n i ze t hat somet i mes our sources a nd cont r ibutor s face a rea l r isk to da mag i ng t heir ca reer prospect s before t hey have even st a r ted t heir f ir st lega l job. I n ot her i nst a nces, t hey may be sha r i ng ref lect ions of a deeply per sona l nat ure t hat t hey may not ot her w ise feel sa fe to sha re. U ltra V ires ma kes except ions for t hese k i nds of circumst a nces to a l low t hese voices to be hea rd. We t r y as much as possible to l i m it rely i ng on a nony mous sources or cont r ibutor s a nd on ly do so when it is newswor t hy a nd cred ible.

NEWS EDITOR Shari Nathan ASSOCIATE NEWS EDITORS James Flynn and Melody Chan FEATURES EDITOR Daryna Kutsyna ASSOCIATE FEATURES EDITOR Michelle Huang OPINIONS EDITOR SuJung Lee ASSOCIATE OPINIONS EDITOR Alina Yu

Where excellence, advocacy, and the unconventional align

DIVERSIONS EDITOR Rory Smith ASSOCIATE DIVERSIONS EDITOR Ariane Carmona EDITORS-AT-LARGE Tom Collins and Matthew Prior SUPERNUMERARY EDITORS Rachel Chan, Lily Chapnik Rosenthal, Robert Nanni, and Norm Yallen COPY EDITOR Ioana Dragalin LAYOUT EDITOR Alexandra Fox ARTIST Andrew Luba

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NEWS

October 31, 2018 | 3

Goodman Lecture: “A New Freedom” Dr Menaka Guruswamy discusses litigation to legalize gay sex at the Supreme Court of India ROBERT NANNI (2L JD/MBA) mately 2000 spots. She emphasized how much these students had to lose by coming forward for this case—in effect outing themselves as felons for the sake of justice—and used their student status as a litigation strategy. “How would these expected builders of modern India—its scientists, its teachers, its researchers, its inventors—discover and invent when they themselves were fearful of being discovered for who they were and how they loved?”

DR MENAKA GURUSWAMY BEGINNING THE GOODMAN LECTURE, ENTITLED THE JURISPRUDENCE OF FREEDOM: THE RISE OF INDIA’S WORLD COURT. PHOTO BY ROBERT NANNI (2L JD/MBA)

On October 23, 2018, the University of Toronto Faculty of Law hosted Dr Menaka Guruswamy to deliver the annual Goodman lecture. This lecture was founded in memory of David B. Goodman to allow a distinguished member of legal practice to speak at the law school. The founding of the Goodman lecture has served two purposes. First, Goodman fellows benef it faculty and students by sharing their experiences in the application of the law. Second, the lectures serve as a refresher for visiting fellows by returning them to an academic environment. It is unsurprising that Dr Guruswamy brought great insight to our school, as she is hardly a stranger to academia. Dr Guruswamy is a renowned author and holds the position of BR Ambedkar Research Scholar and Lecturer at Columbia Law School. She is presently teaching the intensive course “Constitutional Design in Post Conf lict Democracies” at our law school. Outside of her scholastic achievements, Dr Guruswamy is a litigator whose practice involves large constitutional claims in India, with a focus on bureaucratic reform. Her

lecture provided insight into her most recent case, the decriminalization of consensual gay sex in India. On September 6, 2018, a unanimous panel of f ive judges on the Supreme Court of India struck down Section 377 of the Indian Penal Code. Introduced in 1860, this Victorian era law banned sex “against the order of nature”, which has primarily targeted LGBTQ2S+ individuals over the past 158 years. Dr Guruswamy, acting as lead counsel in this case, said that the outcome “aff irmed values of constitutional morality over social morality.” This is a distinction that Dr Guruswamy made repeatedly throughout her lecture, commenting on the divide between the word of law and the people’s beliefs. Although the highest court in India proclaimed that LGBTQ2S+ Indians are deserving of the full range of fundamental rights that their Constitution secures, this does not guarantee change in society’s view of LGBTQ2S+ Indians or their practices. However, what this judgment does guarantee is a newly achieved freedom. Rhetorically, Dr Guruswamy asked the audience how this newly achieved freedom

might materialize; she asked how life might feel different as a result of the judgement. “A new freedom,” she began, “is the conf idence of being recognized as a citizen worthy of protection by a Supreme Court, a Constitution, and a country.” While this is not the f irst time that s 377 has been ruled unconstitutional, it is the f irst time that the Supreme Court of India has recognized it as such. In 2009, the High Court of Delhi in Naz Foundation v Govt of NCT of Delhi held that s 377 was unconstitutional. On appeal to the Supreme Court of India in 2013, the Court held in Koushal v Naz Foundation that this declaration was legally unsustainable and reinstated s 377. Following several petitions, the Supreme Court of India heard Johar v Union of India, led by Dr Guruswamy, and off icially decriminalized consensual gay sex. The difference in this case, in Dr Guruswamy’s opinion, were the petitioners. The petitioners were f ive students attending the Indian Institute of Technology (IIT), a prestigious higher education institution in India. Dr Guruswamy explained that over 1 million Indians apply every year for approxi-

“How would these expected builders of modern India—its scientists, its teachers, its researchers, its inventors— discover and invent when they themselves were fearful of being discovered for who they were and how they loved?” — Dr Guruswamy Dr Guruswamy allowed these brave students to be the protagonists in her story of a law that offends the Indian Constitution’s section 15 non-discrimination clause. But this was hardly an easy story to tell. The political climate in India is one that polices differences. Anything that deviates from the norm—be it clothing, faith, or eating habits—is seen as dissent that must be corrected by law. Consequently, the Supreme Court of India’s declaration that the policing of this particular dissent is unconstitutional is even more meaningful. Although the divide between constitutional and majoritarian morality in India may continue to exist beyond this judgment, it is certainly a step toward a more inclusive and respectful society. Dr Guruswamy hopes that, moving forward, this judgment will have resonance and inspire introspection in commonwealth countries whose laws are founded upon Victorian era morality, such as Sri Lanka, Trinidad, Belize, Pakistan, and Malaysia.

Professionalism Training Proves Controversial From Page 1 Shaughnessy concluded, “Ever y thing is hard: hard in the sense of str iv ing to obtain a standard that you might think is unattainable but actual ly isn’t if you work at it.” Student react ions to Shaughnessy's presentat ion were pointed. “It was v isceral ly painful to sit through that session as a [sexua l assault] sur v ivor. I shouldn’t have to be in tears after a mandator y training session, supposed ly on ethics, that is required for me to become a law yer,” commented A nne*, a female 1L . “Shaughnessy gave many t ips on how to essent ia l ly get away w ith rape: don’t talk about it online, don’t post problemat ic pictures. W hat about women that are v ict imized and assaulted in the

“The actua l problem is systemic op legal profession?” “I see the school as complicit in feed ing pression—women have not been g iven a rape culture at the law school and the le- safe space to express their trauma and w ithout even addressga l profession,” cont ining this, he then goes ued A nne. on to paint a picture“I found him prett y “#MeToo does not have per fect world where funny dur ing that talk to mean it happened to #MeToo is used in an and I was sur pr isingly me too. I want #MeToo idyl lic, business-or ientengaged, unt il he ta lked ed manner, which was about [#MeToo]... to mean, ‘I went out and extremely problematW hen he was like "I got clients.’ ‘#MeToo.’” ic… A lso, what hapw ish we had a new t y pe pens after 9 PM? Mayof #MeToo, and he was — Andrew M. be we should talk about like “‘I got a new client’ Shaughnessy that. But I’m most fr us‘me too’”... It's unfortutrated w ith the adminnate because I think he d id tr y hard to approach a subject in a istrat ion. The slides posted on the session respectful way but he just completely are missing the #MeeToo slide. Without missed the point ent irely,” said Chr isto - ack nowledgement, they swept the issue pher *, a ma le 1L .

under the r ug and the glar ing omission speaks volumes on their own ethics,” said M ichel le Huang (1L). In a statement to Ultra V ires, Shaughnessy said that he was pleased that people are think ing about his comments. However, he worr ies that some of his comments might have been misconstr ued. At the outset, he was tr y ing to encourage ever ybody to think about professionalism and ethics, part icularly in the context of some societa l issues that we’re facing. A ssistant Dean Sara Fahert y could not be reached for comment before Ultra V ires went to press. *Names have been changed at the request of the people named. Michelle Huang (1L) contributed reporting to this piece.

4 | October 31, 2018

NEWS

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First Faculty Council Reviews LSO Accreditation Changes Council also highlights admissions, Asper Centre anniversary ERNEST TAM (1L) On October 3, the law school held its f irst Faculty Council meeting of the academic year. The Council determines law school policy, usually based on recommendations from special and standing committees comprised of students, faculty and staff. The majority of the meeting was spent discussing the Law Society of Ontario’s (LSO) accreditation changes and the JD Admissions Report. The Council also discussed the Asper Centre’s tenth anniversary. LSO accreditation changes The LSO is currently undergoing a review of its licensing process and has set out four possible options:

Option 1: No Change Option 2: Enhanced protections for articling and the LPP Option 3: Elimination of articling and the LPP, replaced by an exam only format Option 4: Elimination of articling and mandatory completion of LPP for all law graduates At the meeting, Students’ Law Society (SLS) President Solomon McKenzie presented survey results from an SLS consultation with law students. The results showed that Options 1 and 3 were the most popular and roughly equal in preference. Option 4 had the least supporters. Dean Edward Iacobucci expressed his reservations regarding Option 4, citing

problems with the institution of a mandatory, province-wide LPP. He also discussed the possibility of submitting a joint SLSFaculty Council letter to the LSO. According to Iacobucci, law deans in Ontario plan on submitting a joint letter to the LSO inviting further consultation with the deans, particularly in regards to the imposition of requirements on experiential learning. Financial aid Dean Iacobucci also announced that the Campaign for Excellence without Barriers, which launched last year, has raised $25 million of its $30 million goal. $20 million of the total will go to f inancial aid.

Admissions Assistant Dean Alexis Archbold concluded the meeting with a discussion of this year’s JD Admissions Report. Compared to previous years, there was a sizable increase in applications received, from 2,199 in 2017-2018 to 2,388 in 2018-2019. Despite this increase, offers decreased from 354 to 333, with 213 students registered. While the LSAT median remained the same at 166, the median B3 GPA for this year’s 1L class was 0.06 points higher at 3.87/4.00. Indigenous student applications decreased significantly from last year, from 38 to 25. However, the number of offers made to Indigenous students has remained relatively steady.

Second Faculty Council Tackles Intersession, Budget Tuition to grow 5% without end in sight ERNEST TAM (1L) The Faculty Council meeting on October 24 focused on the proposed intersession, the faculty budget, and tuition. It was well-attended by students, but less so by faculty.

days. For current 2Ls, this intersession will be fully optional. Only current 1Ls and subsequent classes would be impacted.

Budget and tuition Dean Edward Iacobucci prefaced the budget preIntersession sentation by stating that the Faculty Council has no Professor and Assistant Dean Albert Yoon presented direct authority over the budget and can only make the Faculty’s revised plan for an intersession term. recommendations. Ultimately, it is the Provost who The intersession was proposed last year as a way to has the authority to decide on recommendations. If allow upper-year students to take a one- or two-week approved, recommendations are taken to the Govintensive course in January with a visiting academic erning Council for approval. or practitioner. Dean Iacobucci started the budget presentation After much backlash last year from students, the with slides to provide context on the Faculty’s own Curriculum Committee made significant changes. budget and tuition. 1L StAG Representative RaThe University’s $2.7-bilchael Girolametto-Prosen, a “Quality of faculty is the lion budget is currently supmember of the Curriculum Committee, gave her support best in Canada by a mile” ported by two main sources of revenue: student fees (62%) for the proposed intersession, —Dean Iacobucci and government operating saying that it was a result of a grants (25%). The largest op“successful collaboration proerating expense for the Unicess” between the faculty and versity is attributed to staff and faculty compensastudents. tion, totaling 62% of expenses. The start date for the proposed intersession would Historically, the operating grant has been the be in January 2020, taking place as a week-long, largest source of revenue. But in the past 25 years, it one-credit seminar course with four 3-hour long has decreased significantly and is now one of the classes. The idea behind the intersession term is to smallest revenue streams for the University. bring a diverse range of legal practitioners and acaIn 2006, 44% of the budget came from the operdemics from across Canada and the United States to ating grant, as compared to this year’s 25%. In involve students in the intellectual discourse occur2022—2023, it is projected at 21%. ring within legal academia. The continuing decrease in government funding Although the intersession will push out both the means that the University has been increasingly restart and end date of winter term, it would still fall lying on other revenue streams, such as student fees within the framework of the semester as dictated by and philanthropy. the University and would not rely on any deemed

Since domestic tuition is regulated and capped at a 3% increase (5% for professional faculties), while international tuition is not, Dean Iacobucci noted that it is international students that are “keeping the university afloat at the moment.” Currently, international tuition makes up roughly 30% of the University’s revenue, compared to domestic tuition and operating grants at 50% combined. Part of the University’s budget model is that every faculty, including Law, pays 10% of tution fees to the University. Most of this money is ultimately redistributed back to programs across the university, similar to equalization payments. The Faculty of Law is actually a net recipient of these funds, as the university fund makes up roughly 10% of the faculty’s revenue while being 7% of its expenses. As to the Faculty’s other sources of revenue, they were: tuition (58%); operating grants (13%); recoveries (6%); endowments (7%); and other (6%). Meanwhile, the Faculty’s remaining operating expenses were: compensation (51%); university-wide costs (19%) and financial aid (11%) and other (12%). The Dean emphasized that operating grants 25 to 30 years ago, as a percentage of revenue, were “in the 80s”. Lastly, the Dean highlighted that the financial aid pot grew 10% last year and was projected to grow more than that this year. To sum up why the Faculty’s tuition is so expensive, Dean Iacobucci displayed a temporal bar chart of the Faculty of Law’s budgetary challenge. While operating expenses have been increasing, operating grants and university fund allocation have stagnated. Dean Iacobucci explained that the aforementioned factors have resulted in a situation where the

faculty “can’t back away from the 5% increase.” Although U of T Law has taken cost-cutting measures in the past, such as ending the Internationally Trained Lawyers program, he was adamant in saying that “we are not going to cut costs if it cuts quality.” Afterwards, Students’ Law Society (SLS) President Solomon McKenzie (3L) presented a speech regarding the tuition rates paid by U of T Law students. In his speech, SLS President McKenzie discussed the comparative stagnation of wages in private practice, government, and beyond. SLS President McKenzie also commended the Excellence Without Barriers Campaign started by students and alumni, and noted the “inherently unstable” reliance on philanthropy to bolster the financial aid system. Concluding the meeting, Dean Iacobucci took questions from attendees. Asked to identify the factors that made U of T Law more expensive than other Canadian law schools, the Dean argued, the “quality of faculty is the best in Canada by a mile,” as is the faculty-student ratio. When asked what he thought would be too much for tuition, Dean Iacobucci did not provide a definitive answer, but stated that the law school has not seen a decline in the quality or quantity of applicants. When pressed on why tuition increased from the low two-thousand dollars, when the Dean was a student here, to over thirty-eight thousand dollars today, the Dean blamed the stagnating government grants and pointed out that every other law school in Ontario was also charging more than twenty-thousand dollars.

OPEN LETTER

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October 31, 2018 | 5

Open Letter from Barriers to Excellence October 26, 2018

Dean Edward Iacobucci University of Toronto Faculty of Law Jackman Law Building 78 Queens Park Toronto, ON M5S 2C5 Dear Dean Iacobucci, Re: Campaign for Excellence without Barriers Next year, the Faculty’s annual tuition and fees for JD students will be more than $40,000. This is a significant threshold that should give us pause to reflect on the future that we want for our law school. We are adding our names to this open letter because we believe students should be part of envisioning this future, and we want to ensure it is an accessible and diverse one. We applaud the Faculty’s current Excellence without Barriers campaign to bolster the financial aid program. However, without addressing tuition cost, we do not believe that we can begin to meaningfully address the Faculty’s accessibility crisis and its effects on access to justice and student well-being. We share your vision of a top-tier law school accessible to all qualifying students—regardless of socioeconomic background—from application to graduation. Unfortunately, the Faculty’s current trajectory does not align with this vision. As you know, excellence requires drawing from the widest and most diverse pool. Achievement, not debt tolerance, ought to be the sole criteria of admission. In order to achieve this excellence, accessibility must be a guarantee built into the system of the law school—not merely an aspiration contingent on the charity of alumni donors. Without a plan to address tuition and operating costs, donations will have a diminishing return on investment for alumni and our law school will become increasingly inaccessible for low and middle-income students. Given the racialized nature of poverty in Canada, this also has significant consequences for racial diversity at U of T Law. Fostering diversity in law schools tangibly furthers the Law Society of Ontario’s vision of a more equal and inclusive profession, as recently ensconced in the individual Statement of Principles required of all licensees. We want to build a more trusting and collaborative relationship on this issue, and we see improved transparency and accountability as vital to that relationship, especially given the history of broken promises made regarding accessibility and financial aid. To that end, we request that the Faculty of Law implement a moratorium on tuition increases past $40,000 per year until the following conditions are met: 1. The Faculty conducts a comprehensive financial review of the law school, with publicly accessible results in the form of a report. In this report, we request, among others, the following information: a. Projected detailed allocation of the donations from the Campaign for Excellence without Barriers, and projected impact on students (i.e. average increase per student in financial aid, increases in funding towards clinics and student experience, projected timeline of allocation, etc.) b. Current fair value of the financial aid pot, as well as sources and amounts of revenue to the fund over the past 5 years c. A detailed breakdown of current expenses related to student experience, including costs of teaching (adjunct vs. faculty), clinics, moots, externships, trainings, and extracurricular programs d. Average and median parental incomes of students receiving financial aid since 2015 e. Current fair value of the Faculty of Law’s endowment, and changes in fair value from the previous fiscal year by expense/revenue type (i.e. endowed donations, investment income, fees and expenses, and allocation for spending) f. The number of students expected to graduate with private debt over $100,000 in 2019 2. Based on the results of the review, the Faculty makes concrete commitments to control costs and protect financial aid allocation, in consultation with alumni and students. We request the following concrete commitments, among others: a. Guaranteed allocations of financial aid to low-income applicants upon offers of admission b. An automatic set-aside of a specific percentage of revenue generated from annual tuition increases, as per Dean Daniels’ promise of a 30% set-aside c. Monitoring of student accessibility on the basis of an annual independent review, as per Dean Daniels’ proposal in 2002 d. A long-term sustainable plan to ensure tuition remains affordable and consistent We hope that these measures will serve as a stepping stone to future constructive discussions about accessibility. As proud students and alumni of this institution, we truly believe in the capacity and desire of all students, staff, faculty and alumni to come up with effective and creative solutions to these issues. We look forward to working with you on this. Signed, Dana O’Shea (JD 2020)

Ioana Dragalin (JD 2020)

Benjamin Miller (JD/MPP 2020)

David Baker (JD 1975)

Madeline Torrie (JD 2020)

Bernard Fishbein (JD 1975)

Hesam Wafaei (JD 2020)

Sarah Rankin (JD 2014)

Brett Hughes (JD 2016)

Howard Feldman (JD 1975)

Sydney Edmonds (JD 2019)

Christina Roussakis (JD 2020)

India Annamanthadoo (JD 2020)

William Carter (JD 1975)

Alexandra Hergaarden Robertson (JD 2019)

On Behalf of the Campaign Against Barriers to Excellence CC: Meric Gertler, President of the University of Toronto; University of Toronto Governing Council; Former Deans Mayo Moran, Ron Daniels, and Robert J. Sharpe; U of T Law Faculty and Staff; Malcolm M. Mercer, LSO Treasurer; Lynne M. J. Vicker, President of the Ontario Bar Association General Signatories Alistair Pimlott (JD 2020)

Jordan Stone (JD 2016)

Michelle Hayman (JD 2017)

Sarah Bell-Etkin (JD 2017)

Amber Neumann (JD 2016)

Kamal Bakhazi (JD 2014)

Nargis Fazli (JD 2020)

Sukhmani Virdi (JD 2020)

Andrew Luba (JD 2021)

Karlota Borges (JD 2020)

Nicholas Adamson (JD 2001)

Tess Sheldon (JD 2004)

Brad Valley (JD 2016)

Liam Turnbull (JD 2021)

Nick Papageorge (JD 2018)

Tina Cody (JD 2019)

Dyna Tuytel (2012)

Lily Hassall (JD 2019)

Rabiya Mansoor (JD 2018)

Emily Hubling (JD 2012)

Mackenzie Claggett (JD 2022)

Renatta Austin (JD 2012)

6 | October 31, 2018

NEWS

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Toronto Police Pay an Inaugural Visit Two Toronto cops share thoughts on implicit bias training MELODY CHAN (1L) Wearing dark suits and joking about free sandwiches, Detective Sergeant Aly Virji and Sergeant Syed Ali Moosvi looked more like corporate lawyers than police off icers. They were hosted on October 18 by the Indigenous Initiatives Off ice and the Asper Centre to speak about implicit bias and police decision-making. The two men gave the audience of about 50 students an overview of the bias training they give to off icers city-wide. This is f irst time in recent memory that the Toronto Police Services (TPS) has given a talk at the Faculty of Law. It is also the f irst time that a presentation of this nature has been offered to any law school in the city. Det Sgt Virji opened the lunch session by acknowledging that he and his partner would be talking about “diff icult topics,” warmed up the room with an aside about Australian accents, and launched into the PowerPoint by asking an open-ended question about what bias in police-making looked like. “Carding,” was the f irst answer given. Det Sgt Virji, and the older, 15-yearmore-experienced Sgt Moosvi, spent three quarters of the lunch period presenting a bite-sized picture of a program called Fair & Impartial Policing. Developed by Dr Lorie Fridell at the University of South Flori-

da, it was brought to Toronto in 2013 after (2L), however, did not f ind the substantive the release of the landmark PACER report portion of the training particularly useful. that envisioned a path toward “bias-free” “I don’t think the point was to give law stupolicing for the city. It would take four dents bias training,” he said. “The presenyears after PACER’s release for the police tation condensed the longer training given service to disband its anto off icers into someti-violence intervention thing necessarily faster strategy taskforce, TAless detailed. It “It wasn’t about teaching and VIS, that was widely wasn’t about teaching us us content; it was to show content; it was to show known for carding racial minorities as a policing that they were teaching that they were teaching tool. their officers the content. It their off icers the conThe presentation tent. It was PR.” was PR.” highlighted the approach The f loor opened to behind the new TPS bias questions from students – Matthew Prior (2L) training. The program during the last 15 minaims to show off icers utes of the event. By this that bias is a normal human trait. During time, Michelle Huang (1L) who had been police work, which involves life or death looking forward to the talk, had become decisions, recognizing and mitigating for disappointed. “They talked like politithe inf luence of biases is crucial. Sgt Mooscians,” she said, “they skimmed the surface vi stressed in an interview later that the of so many topics without delving into anytraining recognized that biases cannot be thing of substance. They took up too much changed overnight but often can shift over time talking about what they wanted and a lifetime through an individual’s personal then didn’t leave a good amount of time for interactions. Some mitigation techniques a Q& A where we could discuss the actual involved taking more time and utilizing ‘diff icult’ topics they kept boasting they critical thinking to make a decision. were here to talk about.” Agreeing with Det Sgt Virji and Sgt Moosvi switched Prior, she said the event felt like a PR camoff during the presentation and kept the paign and criticized the presentation for tone jovial and humorous. Matthew Prior not delving deep into controversial topics

like police brutality. Sgt Moosvi understands how this event could be seen as PR but doesn’t necessarily take issue with that characterization. For him, the motivation behind this event was to have a candid conversation in an effort to break down barriers. “We may have biases about a community we serve, and a community may have biases about us and our role,” he said. “If we talk about PR as the brand of policing, we’re not selling a product but trying to overcome biases on both sides. It’s our responsibility to improve our brand.” The organizers at the Faculty of Law and the speakers from the TPS both expressed interest in continuing collaboration and events. Sgt Moosvi said that building connections between lawyers-tobe and police off icers now could have a positive impact in the future, when interactions might be more adversarial. He believes that off icers and law students could share insight, especially when classes and events at the school cover topics related to policing. From a student’s perspective, Prior is intrigued by the idea, in theory. “It would give a voice to TPS’s opinions and provide an opportunity for others to respond,” he said. “But I can’t be sure this exercise would actually be useful.”

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October 31, 2018 | 7

Ten Years of Advocacy, Research and Education David Asper Centre for Constitutional Rights celebrates tenth anniversary JAMES FLYNN (1L) From R v Conway to Barton v Her Majesty the Queen, the David Asper Centre for Constitutional Rights, more commonly known as the Asper Centre, has made its mark on Canadian law since its founding in 2008. The Centre celebrated its tenth anniversary on October 17, 2018 at the Jackman Law Building with a moderated conversation featuring former Supreme Court of Canada Justice Thomas Cromwell and two of the Centre’s former Constitutional Litigators-in-Residence, Mary Eberts and Joseph Arvay.

Centre, expressed her gratitude to Asper for his continued support for the Centre’s work. “He has been the ideal benefactor, with high expectations of the work of the Centre coupled with trust in our expertise and efforts,” said Milne. When the Asper Centre was created, no organization had yet taken up the CPP’s mantle of bringing constitutional challenges. Its planning, which took one year, involved decisions on topics like faculty and student involvement.Today, introducing students to constitutional advocacy remains a key focus of the Centre. Brittany Cohen (2L), who has worked with the group on Police Oversight, said that volunteering with the Asper Centre was one of the highlights of her law school experience. “I have had the opportunity to expand and strengthen my legal skills in a meaningful context and gained exposure to areas of law that fall outside the f irst-year curriculum. Currently, we are educating the public about police complaints processes by providing the necessary information and assistance to victims of police misconduct in an accessible manner,” said Cohen.

The Making of a Mission David Asper, a criminal defence lawyer turned businessman, conceived the idea for his eponymous centre in 2006, while completing his LLM at the University of Toronto Faculty of Law. The Canadian government had just cancelled the Court Challenges Program (CCP), but Asper saw a continuing need for the services that program had provided. The CCP had been created in 1978 to to provide funding for off icial minority language cases based on sections 93 and 133 of the Constitution Act, 1867. Its mandate was gradually expanded to include challenges to federal laws, policies or practices based A Legacy of Advocacy on sections 15 (equality), 27 (multiculturalSince its founding, the Centre has led twenism) or 28 (sex equality) of the Canadian ty interventions at the Supreme Court of Charter of Rights and Freedoms. Canada. Aside from its advocacy work, the Asper donated $7.5 million to the UniCentre has also organized forty-six constiversity to launch the tutional roundtables Centre and support the and ten conferences and construction of the Jacksymposia, while sup“The ideal of a rightsman Law Building—then porting twenty-one stuthe largest individual dobased society doesn’t just dent working groups nation in the history of and seven Constitutionhappen. History shows it the Faculty of Law. al Litigators-in-Resionly happens if you’re Professor Mayo Modence. prepared to fight for it, and ran, the current Trinity “The ideal of a rightsCollege Provost and based society doesn’t to continue to look for Dean of the Faculty of just happen,” said Asper evolving trends in the Law at the time of the on the occasion of the meaning of rights.” Centre’s founding, said tenth anniversary. “Histhe impetus for the Centory shows it only hap– David Asper tre’s creation was twopens if you’re prepared fold. to f ight for it, and to “[ W ]e wanted to elevate the constitucontinue to look for evolving trends in the tional conversation in this country by meaning of rights.” bringing the academy and its expertise in Asper, whose involvement with the Cenconstitutional matters directly into the tre remains arms-length, cites his favourite court. When we were doing the research to intervention as Henry v Her Majesty the Queen. create the centre, we looked at the best of For her part, Milne cited Canada v Bedwhat was happening elsewhere and wanted ford, which spoke to the role of stare decisis in to set a new standard for the world here in constitutional litigation, as the case that Canada,” Moran said. has made the biggest impact thus far. “The According to Moran, it was also imporCourt explicitly adopted our submissions tant to f ind ways to ensure that law stuin this case—a moment of particular pride dents would have an opportunity to work for me,” said Milne. on cases shaping the law. The Next Ten Years “The clinical aspect of the Centre was Going forward, Milne said that the Centre right at the heart of what we wanted to do,” will hold a strategic planning session to enshe added. gage stakeholders in decisions about the Cheryl Milne, Executive Director of the direction of the Centre over the next 10

years. “We wish to continue to play a role in the constitutional law landscape in Canada and will def initely be looking at how best to do that,” said Milne. She added that, aside from its current focus on the Supreme Court of Canada, the Centre will be looking at ways to engage other levels of court. “There are…other effective ways to both engage government and the public to educate and uphold constitutional rights. I would like to see us diversify our efforts,” added Milne. Moran echoed Milne’s sentiment. “I applaud the Centre’s role beyond litigation alone and its determination to have a voice in other forms of advocacy as well as the larger public role in convening timely discussions of pressing constitutional issues,” she said.

This work is likely to continue for years to come. At the tenth anniversary celebration, the Faculty of Law announced a further $2.5 million donation from Asper to continue supporting the work of the Centre and launch the David Asper Bursary. However, one question that remains is how the Asper Centre’s role might change once the CCP is fully revived. Since 2016, the federal government has been working to re-establish the Program; its mandate will be to “provide f inancial support to Canadians to access the courts for the litigation of test cases of national signif icance, to help clarify and assert certain constitutional and quasi-constitutional off icial language rights and human rights in Canada.” This mandate potentially overlaps with the Asper Centre. It will be interesting to see how these two organizations develop in response to each other.

FROM THEORETICAL TO PRACTICAL.

8 | October 31, 2018

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Confronting the Kavanaugh Hearings Women from U of T Law reflect on recent SCOTUS appointment TEODORA PASCA (1L) When Anita Hill testified on sexual harassment keep her story alive. I have compiled here perspectives on the Kavaallegations against Clarence Thomas in 1991, she told the Senate Judiciary Committee that “it naugh hearings from female U of T Law students, would have been more comfortable to remain si- professors, and alumni. While the conversation on the hearings is far from over, the collective power lent.” Nearly two decades later, Dr Christine Blasey of these statements speaks for itself. Ford brought credible claims of sexual assault to the same committee. She told them that nominee On the treatment of sexual violence Justice Brett Kavanaugh had tried to rape her survivors when they were both in high school. Dr Ford spent “As a female law student, and a survivor of sexual hours recounting it all in excruciating detail: how violence myself, the Kavanaugh testimony concerns me. I want to work in a she felt Justice Kavanaugh system that I trust and would put his hand over her mouth feel comfortable bringing my to stop her from screaming, It would indeed have claim forward in—whether how she heard his drunken been more comfortable that be in a criminal context laughter as she tried to cry or a complaint against a cofor help, how she feared he for Ford to remain Judge Kavanaugh’s would accidentally kill her. silent. The fact that she worker. testimony, like many recent After endless public disdid not remain silent is Canadian examples, is ansection of Dr Ford’s claims, a other strike against the jusan incredible act of superfluous four-day FBI “investigation”, and Presibravery, and those of us tice system and its actors as a means to adequately condent Donald Trump’s vorawho understand that demn and punish sexual viocious ridicule of Ford’s statehave a duty to keep her lence in either of these conments, Justice Kavanaugh texts.” was confirmed to the bench. story alive. —Shelby Rooney (1L) Like Clarence Thomas has been since 1991, Kava“If anyone was going to have a chance to pernaugh is now a permanent fixture of the Supreme Court bench. Many of us are just beginning to suade the panel that she was telling the truth it was process how we feel about his nomination to the Dr. Ford — a white, educated, professional, uppercourt, and we have the next few decades to do so, middle class, married mother. She was the ‘perfect’ at 53 years old and with no obligations to retire, he witness and was very credible. And still, the man in the room held all the power. While I hoped for a isn’t going anywhere anytime soon. It would indeed have been more comfortable different outcome, I knew deep down the confirfor Dr Ford to remain silent. The fact that she did mation would go through.” —Erin Cowling (Professor, Legal Renot remain silent is an incredible act of bravery, search and Writing) and those of us who understand that have a duty to

“Even with a perfect victim, people don't believe, and that is because they don't want to believe. Because sexism, toxic masculinity, and white supremacy is woven into the foundation of our society and to believe survivors (both men and women) is to accept that these structures themselves must be reevaluated.” —Tali Chernin (3L) “I do think that women should be believed in these situations. I don’t think they should be believed to the exclusion of the opportunity for men to defend themselves, but I think that innate belief should lead the process to be more humane and dignified for the women involved.” —Daryna Kutsyna (2L) On the legitimacy of the appointment process “The politicization of judicial appointments… [is a] real crisis for the rule of law and the confidence people need that there is a place to go outside the political maelstrom for fair, neutral decisions… If people don’t think the law is above politics, then our systems of politics, which depend on there being non-political, legal constraints on how politics is conducted, are under real threat.” —Professor Gillian Hadfield “I do not think that a prosecutor belonged in that hearing. Nor do I think that Kavanaugh should be treated as innocent until proven guilty. Both points would be expected if applied in a court setting, but a nomination hearing should involve senators’ questioning and a goal of determined the candidate’s character, temperament, and suitability for the position.” —Leah Krakowitz (1L)

“The reality is that [the Senate Judiciary Committee’s] process was never designed to address these kinds of issues. Unsurprisingly, it did not function very well… One of the things that is incredibly clear coming out of Kavanaugh, if nothing else, is that this is not the way to appoint judges.” —Professor Mayo Moran (SJD ‘99, f irst female Dean of U of T Law) On K avanaugh’s lifetime job “It’s a step that should make everybody, in particular, all lawyers, quake with fear… We now have a member of the Supreme Court of the United States who clearly does not care about truth for its own sake, and will abuse it when it suits his own private purpose.” —Professor Denise Réaume “To be that evasive, rude, and partisan should simply be against the hard selection criteria for a judge… I am disheartened that a developed judicial system would allow a candidate with that kind of behaviour to become a judge—even a lawyer.” —Rachael Girolametto-Prosen (1L) “Not only does he have a job for life; he’s got a job for life that gives him extraordinary power over the persons and bodies of all the women in that nation… To me, it’s an incredible disregard for women, the stories of women, the autonomies of women.” —Gillian Hnatiw (LLB ‘02, Partner at Adair Goldblatt Bieber LLP)

Women and the Law Statement on the Kavanaugh Appointment On October 6th, the US Senate voted to confirm Brett Kavanaugh's nomination to the Supreme Court. This came after allegations of sexual assault were made against Kavanaugh by three women, including Dr. Christine Blasey Ford, who testified before the Senate Judiciary Committee. In light of these events, we would like to echo the University of Windsor’s Women and the Law Chapter in re-confirming our mandate and beliefs. We would first like to thank Dr. Ford for her bravery in coming forward and sharing her story. Kavanaugh’s ultimate confirmation only highlights the importance of bringing these issues to light and attempting to abolish the gendered violence plaguing virtually all aspects of society. From the entertainment industry, to academia, to the judiciary and beyond, women must constant-

ly battle to assert their right to safety, autonomy, and respect. And these problems, already severe, are magnified for racialized women. It is our duty as law students and future lawyers to work to reform the system from within. Kavanaugh’s confirmation presents a threat to the sanctity of the judicial branch. We must be vigilant about cultivating a Canadian legal system that respects the rights of all people and helps build a more just society. We at Women & the Law are committed to doing our part to raise awareness about these issues, and to support and champion women in our field. Please do not hesitate to contact the Women & the Law Executive Team if you have any questions or concerns, or would just like to chat.

Thank you, University of Toronto Women & the Law Executive. Sahar Sayyad (2L) Daryna Kutsyna (2L) Rachel Bowick (2L) Elizabeth Chan (2L) Leah McGurn (2L) Catherine McIsaac (2L) Nicole Thompson (2L) Serena Ceco (1L) Melissa Montana (1L)

From the Archives EDITED BY: ANDREW ASHENHURST (JD ‘01) AND ILANA MANTELL (JD/MBA ‘02) PRODUCED AND DESIGNED BY: ADRIAN WILLSHER (JD ‘00)

Until recently, old editions of Ultra Vires were stored away in the basement of Falconer and in the library stacks. It seemed like a shame that so many recent students’ stories and opinions (many of which continue to be relevant) were simply collecting dust, inaccessible to current students. We are republishing pieces from our archives in an effort to shed new light on stories written by past students in the hope that current students may find them just as interesting and informative today. This excerpt was first published in September 1999, the inaugural edition of Ultra Vires, as part of a special feature titled “Orientation.”

t futu re of this insti tuIn orde r to cont ribu te to the grea its past . Here is a brie f histion , we shou ld have a sens e of spen d the next few year s. tory of the plac es in whic h you will

e tha t Po rk Bu iltthe J.W. an d the Ho us Wes ley Flav elle was one of

In his day, Sir Jose ph ng Wor ld War I, the mos t wea lthie st men in Can ada, and duri rbor ough in 1858 , to Pete in hate d man in the coun try. Born onif icati on of boot pers the was he stric t Met hod ist pare nts, mod est circ ums tanc es, he stra ps capi talis m. Star ting from t-pa ckin g indu stry. As his buil t a fort une in the pork and mea invo lved in bank ing with me pow er and wea lth grew he beca Sim pson’s. Dur ing Wor ld with iling Nati onal Tru st and in reta of the Imp eria l Mun ition s War I he was nam ed Dire ctor the “cza r” of the indu sBoa rd, whic h esse ntia lly mad e him loya l Brit ish subj ect, he A rt. trial aspe ct of Can ada’s war effo man ufac ture rs to forg o n adia Can used his posi tion to urge Brit ish Emp ire, fam ousl y fina ncia l gain for the sake of the HEL L whe re they belo ng”. decl arin g, “Sen d [you r] prof its to wha t he prea ched , as his tice Unfo rtun ately, he did not prac its selli ng baco n dom estiprof rd reco own com pany reco rded . He was also dogg ed by cally and to the Can adia n mili tary id baco n to the boys on rum ors that his com pany sent ranc him as a ster eoty piured pict the fron t. A cart oon of the day oun ded by barr els surr do tuxe a in man cal capi talis t ---- a fat ship” (Fla velle was actu ally of gold and nam ed him “ his Lard id baco n and prof itee ring a very thin man ). Alth ough the ranc ough he did mak e a tidy (alth ed char ges wer e larg ely unju stifi was perm anen tly suln tatio repu his , sum duri ng the war)

elega nce is one of the make over that Holw ood has suffer ed, its l. schoo law the best thing s about the from “A Cana [Note : most of the articl e has been distil led dian Millio naire” by Mich ael Bliss.]

Wym ilwo od/ Falc one r Hal l

1951) was built in Falco ner Hall (know n as Wymi lwood until Roger s Wood . Like 1903 to serve as the resid ence of Edwa rd who made good. boy Flave llege, Wood was a Peter borou gh stead ily up the d move he boy, Start ing out as a messe nger of the Dodent Presi ing becom ually event corpo rate ladde r, d after name was minio n Secu rities Corp oratio n. Wymi lwood fashio n same the In ed. Wood ’s two childr en, Willia m and Mildr Unithe from leased was house as Holw ood, the land for the ry count the in home a built Wood 1925, In versit y of Toron to. as used be to rsity and prese nted Wymi lwood to Victo ria Unive the 1951, in house the a wome n’s union . When U of T took over Robe rt Falco ner. unive rsity re-na med it Falco ner Hall after Sir the Unive rsity of dent Presi was ner Falco rt Sir Robe many challe nges, from 1908 to 1932. Durin g his term, he faced age of funds . short ant such as politi cal interf erenc e and a const io Prem ier Ontar and him en betwe One notab le battle occur red when he ged outra was son Fergu 1924. in Howa rd Fergu son copy of a ed allow disco vered that an econo mics profe ssor had s of a hand ent innoc the The Comm unist Mani festo to fall into the of s copie all that nded dema ninet een year- old woma n. He ge outra the for nsible respo ssor profe the book be burne d and an was lism Socia fired. In respo nse, Falco ner point ed out that s. other the all with t econo mic theor y, and shoul d be taugh in ce rman perfo ner’s Falco off, d Even tually, the Prem ier backe mic freed om, this episo de highl ights his comm itmen t to acade and is perha ps his most impo rtant legac y. schoo ls After hostin g a wide array of activ ities and rprope the e becom Hall ner Falco , (inclu ding York Unive rsity) rnume rgone unde has house The 1972. in l ty of the law schoo y beaut or interi the ous chang es and, as a result , lacks some of a – ium Solar the is room of Flave lle Hous e. Perha ps the nices t the g durin it with jiggy get or wond erful place to have class Hallo ween party.

lied. t of his time gett ing rid Afte r the war, Flav elle spen t mos re and phil anth ropi st. figu lic of his mon ey, as an acti ve pub itec ts of the Toro nto Gen He was one of the prin cipa l arch boar d of the Univ ersit y of eral Hosp ital. He serv ed on the the scho ol free of dang erToro nto, and wor ked hard to keep supp orte r of acad emic big a ous left- wing ers (he was not rous with his mon ey, gene was he s, free dom ). Nev erth eles in the end he gave mor e to and supp orte d man y caus es ---ived . He was knig hted in Toro nto and Can ada than he rece Can ada to rece ive a heof ent 1921 , beco min g the last resid . you) tell can k Blac redi tary title (as Mr. inall y nam ed) was orig was se hou elle Flav the Holw ood (as leas ed him the nto Toro y of com plet ed in 1902 . The Univ ersit ael Bliss , the Mich r esso prof ory land . Acc ordi ng to U of T hist n to be a pub lic pers on hou se repr esen ts Flav elle’s inte ntio com mun ity, whic h is why it and an acti ve part icipa nt in the t loca tion , inste ad of bein g was loca ted in such a prom inen appr ecia ted the disp lay yone hidd en in Fore st Hill. Not ever d and the hou se soon beof wea lth that Holw ood emb odie Alth ough larg e, the hou se cam e know n as “Por ker’s Pala ce.” the fron t are not mad e of is not extr avag ant. The pilla rs at of bric k and cove red with e mad cost ly Itali an mar ble, but are ly cost $75, 000 (stil l a rted repo se hou stuc co. All told , the men t was left larg ely unsubs tant ial sum in 1902 ). The base cella r (Fla velle belie ved in finis hed , and sadl y lack ed a wine s of sher ry). The larg est glas odd tem pera nce, apar t from the the first of its kind to be inextr avag ance was a pipe orga n, nto. In his will, he gave the stall ed in a priv ate hou se in Toro nto, and dire cted that it be hou se to the Univ ersit y of Toro , but this was igno red (alents used for fem ale staf f and stud year’s class was 60% fethou gh in an odd twis t of fate, last to the Facu lty of Law in male). The hou se was give n over floo r has been rest ored (one 1961 . Alth ough part of the first eati ng lunc h in the dini ng is of the few joys of first year ed. The mas ter bed room room ), mos t of the hou se was gutt ’s bath room . Reg ardl ess of is now occu pied part ly by the men

The Bor a Las kin Lib rary

of a histor y, beThe Laski n librar y has not accum ulate d much thing s about it le notab most The 1993. cause it was opene d in anyth ing, the If s. chair rtable comfo and staff ul are the helpf flood ed with es librar y is too nice – durin g exam s it becom of the brilsome that hope stude nts from other facult ies who . them on off rub will liance of law stude nts d after (and Far more notab le is the man the librar y is name n is the Laski Bora whos e head is a comm on meet ing place). had. He ever has l schoo law most distin guish ed gradu ate the and 1930 in ) mom his (with 17 of age came to Toron to at the accum uhad he 1937 By to. Toron of rsity Unive enter ed the a law degre e from lated a B.A., an M.A. , a L.L.B . from U of T, not suffic ient) was alone e Osgoo de Hall (since a U of T degre n had troub le Laski this, ite Desp rd. and a L.L.M . from Harva he was Jewis h and findin g work (prob ably due to the fact that anti-S emiti c). iously Toron to’s legal comm unity was notor T law schoo l of U the until Laski n did some mino r legal work move d on he 1945 In 1940. in him hired came to its sense s and In 1964, 1949. in T of U to ned retur but Hall, to Osgoo de and in al Appe of t Laski n was appoi nted to the Ontar io Cour Three da. Cana of t Cour me 1970, he was name d to the Supre an inleft has He e. Justic Chief d name years later (!) he was justic e sysda’s Cana and l schoo law the both on delibl e mark tem.

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2019â&#x20AC;&#x201C;20 Toronto Articling Recruitment

Numbers from the Toronto legal community MATTHEW PRIOR (2L) These numbers include returning summer students as applicable Firm

2019-20 Total

Addario Law Group LLP

Alan D. Gold Professional Corporation

Bales Beall LLP

Barbra Schlifer Commemorative Clinic

Beard Winter LLP

Bell Temple LLP

Black Sutherland LLP

Blouin Dunn LLP

Did not disclose

Borders Law Firm

Did not disclose

Bruder Springstead LLP

Caley Wray

Canadian Civil Liberties Association (CCLA)

Did not disclose

Canadian Environmental Law Association

Caramanna, Friedberg LLP

Did not disclose

Cavalluzzo Shilton McIntyre Cornish LLP

Did not disclose

Centre for Addiction and Mental Health (CAMH)

City of Toronto Legal Services

Clyde & Co LLP

Cooper, Sandler, Shime & Bergman LLP

Counter Tax Lawyers

U of T

Osgoode

Deeth Williams Wall LLP

2 1 1

1 1

2 2

1 1 1

Devry Smith Frank LLP

Dewart Gleason LLP

Dutton Brock LLP

Did not disclose

Ecojustice Canada

Epstein Cole LLP

1 3

1 1

1 2

Did not disclose

Flaherty McCarthy LLP

Genest Murray LLP

Glaholt LLP

Goldblatt Partners LLP

Green and Spiegel LLP

1 1 1

1 1

Did not disclose

Hicks Adams LLP

Hicks Morley Hamilton Stewart Storie LLP

Hydro One Networks Inc.

Iler Campbell LLP

1 1

Did not disclose 1

Did not disclose

Kim Spencer McPhee Barristers P.C.

Koskie Minsky LLP

KPMG LLP, Immigration Law Division

Derstine Penman

Kostyniuk & Greenside

Other/Not Disclosed

Keel Cottrelle LLP

Isaacs & Co.

Dalhousie

Intact Insurance Company

McGill

Innocence Canada

Windsor

Department of Justice (Toronto)

Heller, Rubel Barristers

Ottawa

Deloitte Tax Law

Greenspan Humphrey Weinstein

Queens

Did not disclose

Deacon, Spears, Fedson & Montizambert LLP

Filion Wakely Thorup Angeletti LLP

Western

1 2

Did not disclose 3

KPMG LLP, Tax Law Division

Did not disclose

Kramer Simaan Dhillon LLP

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Firm

Kronis, Rotsztain, Margles, Cappell LLP Lafontaine and Associates Law Works P.C.

2019-20 Total

U of T

Osgoode

Levitt LLP

1 1

MAG - Criminal Law Division (all branches)

MAG - Indigenous Justice Division

MAG - Policy, Agency and Tribunal Relations Division

MAG - Victims and Vulnerable Persons Division, Office the Children's LawyerPersons (OCL) Division, MAG - of Victims and Vulnerable

3 11

0 1

Mills & Mills LLP

Did not disclose

Nathens, Siegel LLP

Did not disclose

Office of the Ontario Ombudsman

Ontario Bar Association

Ontario Nurses’ Association (ONA)

Ontario Power Generation Inc.

Ontario Secondary School Teachers’ Federation

Rochon Genova LLP

Rogers Partners LLP

Rotfleisch & Samulovitch PC

1 2

1 1

1 1 1 2

2 1 1 1 2

Did not disclose 1

Did not disclose 0 2

Teplitsky, Colson LLP

Did not disclose

Thomas Gold Pettingill LLP

Did not disclose

Did not disclose 4

Toronto Police Service

Did not disclose

Toronto Transit Commission

Did not disclose 19

Did not disclose

United Steelworkers

Ursel Phillips Fellows Hopkinson LLP

Will Davidson LLP

Willms & Shier Environmental Lawyers LLP

Zarek Taylor Grossman Hanrahan LLP

4 1

Stikeman Elliott LLP

Unifor

Stevenson Whelton MacDonald & Swan LLP

Torys LLP

Did not disclose Did not disclose

Torkin Manes

Ridout & Maybee LLP

Thorsteinssons LLP

Thornton Grout Finnigan LLP

Did not disclose

Rachlin & Wolfson LLP

Thomson Rogers

Moodie Mair Walker LLP

Solmon Rothbart Goodman LLP

Did not disclose

Metrolinx

Smockum Zarnett LLP

McKinsey & Company

Smitiuch Injury Law

3 1

Royal Bank of Canada

MAG - Court Services Division

Samfiru Tumarkin LLP Shibley Righton LLP

Did not disclose

MAG - Civil Law Division (all branches)

Peacebuilders International (Canada)

Other/Not Disclosed

Ontario Securities Commission

Dalhousie

Loopstra Nixon LLP

Owens Wright LLP Parkdale Community Legal Services

McGill

Lerners LLP

Minden Gross LLP

Windsor

Legal Aid Ontario

Office of the Public Guardian and Trustee Mathews, Dinsdale & Clark LLP

Ottawa

Did not disclose 1

Loblaw Companies Ltd

Queens

Lawson LLP

Lloyd Burns McInnis LLP

Western

October 31, 2018 | 11

1 1 1 1

Did not disclose 320

Approximate Class Size Count of Articling OCI Employers

113

% Employers Responding

73%

210

290

175

200

310

245

180

170

OPINIONS

12 | October 31, 2018

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Giving a Crap or Taking a Crap? Reflections on the 2L OCI process from a WOC perspective ANGRY BROWN GIRL (2L)* On-Campus Interviews. Also known as OCIs. The term—and the way upper years describe it— conjure images akin to some type of ordeal out of a 90s preteen fantasy novel about knights and magic. Hearing the term “OCIs” is enough to send shivers down most 2Ls’ spines. For me, OCIs represented that very confusing moment where I would finally have to confront the question of who I am. I mean, I’m an old-ass bitch. I should know who I am by now. But, in reality, since having first stepped into the uncomfortably white space of the Jackman Law building in August 2017, I seemed to have lost a piece of my iden-

tity. No lie, I had never been around so many white people. Suddenly in law school, not only did I have to re-learn how to be a student, but I also had to re-learn acceptable performativity—of femininity, of intelligence, of competency. So when 3Ls, CDO staff, and lawyer mentors recommended that I not worry about OCIs (“Just be yourself and have fun with it!”), you can be assured that I did not know what the fuck they were talking about. I hadn’t been myself for over a year now. And I hadn’t had fun since I walked through Jackman’s doors. And not just because I was too busy reading my ass off all of 1L, but because be-

this shit-show-turned-full-blown-insecurity felt a lot like I was trying to contain within my frame a series of episodes of explosive diarrhea. Diarrhea at each booth. And worse of all, I had to repress my diarrhea with the squeeze of my glutes at every step, disguising my extreme discomfort (an understatement) with a shiny suit I couldn’t afford and shit-tons of makeup. The worst part? No one could tell I felt like I was drowning in shit. Because, by now, I have learned how to perform “U of T law student” so well. *The author’s name has been anonymized at her request.

yond Donoghue v Stevenson, R v Jordan, etc. etc., what I had actually learned about was how me and my ass, in all its brownness, weren’t totally acceptable at the law school or in law—at least not without some level of revision, filtering, or whatever. I was asked to write about my experiences with OCIs. Let me sum this up for you: OCIs were a shit show—before, during, and after. A shit-show of self-doubt that started at birth but really exploded into full-blown insecurity in 1L. And in today’s legal atmosphere where Diversity Statements are resisted and Canadian colonial racist remarks are recited in courtrooms, you can bet that at OCIs,

You Don’t Belong ENBAL SINGER (3L) You don’t belong here

You don’t belong because you need an extension when the anxiety hits, every damn semester

You don’t belong because your LSAT score was a fluke

You don’t belong because you can’t get out of bed

You don’t belong because you didn’t get accepted to the clinic

You don’t belong because no amount of medical documentation and advocacy by your accessibilities counselor will get you those lecture recordings that you desperately need

You don’t belong because you aren’t in a journal You don’t belong because you can’t figure out how to access the SLS wiki You don’t belong because you don’t know the difference between a summary and a map You don’t belong because you didn’t do the readings You don’t belong because you were late for class You don’t belong because you still don’t get what a trust is You don’t belong because you got all Ps You don’t belong because you got an LP You don’t belong because you’re afraid to use study drugs You don’t belong because you can’t do it without a study drug You don’t belong because you can’t get any study drugs You don’t belong because you don’t drink You don’t belong because you can’t get through a day of law school without a drink

You don’t belong because changing your medication is easier than providing you with an accommodation You don’t belong because this place makes you want to die, but that’s crazy—who would kill themselves over law school? You don’t belong because there’s no career guide for what you want to do You don’t belong because you don’t want to go to Bay Street You don’t belong because you didn’t get any callbacks You don’t belong because you couldn’t get a summer position You don’t belong because the job you want is just a “cool thing” that a lawyer would do You don’t belong because your clinic files weren’t enough to describe on your cover letters You don’t belong because you formatted your CV incorrectly You don’t belong because you’re the only one without an articling position

You don’t belong because you didn’t get invited to the pre

You don’t belong because the professor can differentiate between the four white Matts in your class but not between you and the other brown girl

You don’t belong because you never went to Call to the Bar

You don’t belong because you’re the only black student in your class

You don’t belong because you live in Scarborough and have to catch the train

You don’t belong because you’re Muslim and the most prestigious firms are in New York

You don’t belong because you’re a virgin

You don’t belong because you’re from Palestine and the equity commissioner is a Zionist You don’t belong because they say the professor that looks like you is too foreign

You don’t belong because you couldn’t get an appointment with Yukimi

You don’t belong because your feminist critique is “better suited for your feminist law class”

You don’t belong because somehow seeing Yukimi didn’t solve your problems You don’t belong because your mentor didn’t answer your text seeking help

But please don’t drop out; we don’t need any more people who “fit”.

“Health benefits of UV exposure include vitamin D production and improved mood.” Submit pieces to editor@ultravires.ca

– Dellavalle et al., 2009

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CANNABIS SPECIAL

October 31, 2018 | 13

Cannabis Special

IMAGE CREDIT: ARIANE CARMONA (1L)

IMAGES BY SHARI NATHAN (3L)

14 | October 31, 2018

CANNABIS SPECIAL

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Cannabis Legalization: What Has Changed? For marginalized communities, less than you think TOM COLLINS (2L) On October 17, 2018, t he Tr udeau gover nment lega l ized recreat iona l cannabis. I n doing so, it made Canada on ly t he second countr y in t he world, after Ur ug uay, to have sim i lar leg islat ion. A lt hough many Canad ians have ha i led t h is move as prog ressive, some obser vers caut ion t hat lega l izing cannabis w i l l not immed iately or completely a l lev iate t he marg ina l izat ion t hat racia l ized commun it ies face w it h regards to its consump t ion. On October 4, t he Facu lt y of L aw hosted “Perspect ives on t he L ega l izat ion of Cannabis”, in conjunct ion w it h t he Un iversit y of Toronto’s Cent re for Cr im-

inolog y and Sociolega l Stud ies, to inaug urate t he t h ird year of its Emerg ing Issues Work shop Ser ies. L i ke ot her insta l lments in t hat ser ies, t he work shop was led by a panel of ex per ts: Stephan ie DiGiuseppe, Par t ner at Ruby Sh i l ler Enenajor DiGiuseppe and Director of Fundra ising & Sponsorsh ip at Campa ig n for Cannabis A mnest y (CC A); Professor A kwasi Ow usu-Bempah, Depar t ment of So ciolog y at t he Un iversit y of Toronto ( M ississauga) and Director of Research at CC A ; and t he Facu lt y of L aw’s Professor Kent Roach. T he pur pose of t he panel was to ref lect on t he way t hat cannabis related of fences

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because one of t he tools [simple posseshave af fected racia l ized commun it ies, sion charges] has been erad icated.” and to unpack t he ef fects t hat lega l izaT he second problem t hat DiGiuseppe t ion may have. To t hat end, Professor ident if ies is t hat t he ef fect of a cr im ina l O w usu-Bempah opened t he d iscussion record on ind iv idua ls charged w it h canby tracing t he racist h istor y of Canada’s nabis-related of fences w i l l rema in t he dr ug enforcement pol icies. L i ke in t he same, for t he foreseeable future, as it was Un ited States, Canada began to cr im ibefore lega l izat ion. Specif ica l ly, t he na l ize cer ta in dr ugs, because of t heir asst ig ma of a cr im ina l record w i l l rema in, sociat ion w it h feared m inor it y g roups. and, more impor tant ly, t he road to a reFor example, Em i ly Mur phy, t he f irst fecord suspension w i l l rema in cha l leng ing ma le judge in t he Br it ish Empire, w rote for many marg ina l ized ind iv idua ls. T he under t he pseudony m Janey Canuck t hat Har per gover nment ra ised t he cost of ap Black s’ and A sians’ dr ug use wou ld lead ply ing for a pardon (and changed t he to t he dow nfa l l of t he W h ite race. name to a “record suspension”) from T he extent to wh ich t hose laws were $150 to $631 and t he ef fect has been pro enforced in racia l ly biased ways is not found. I n 20 0 8 –20 09, before t he change, ent irely clear, because, un l i ke t he U. S., t he Nat iona l Parole Board pardoned Stat ist ics Canada does not publ ish data about 4 0,0 0 0 ind iv iduon of fences charged by a ls. I n 2016 –2017, t hat race. A lt hough t here is mount ing pressure to “The fact of the matter is number had dropped to about 8,0 0 0. release t hat infor mathat there are also racist Professor Roach and t ion, t he RCM P cont inpolicing practices” t he ot her panel ists see ues to be t he biggest people’s desire to punroadblock. W hat is – Professor Owusuish cr im ina ls, rat her clear is t hat, since Bempah t han to rehabi l itate 1923, when cannabis t hem as one of t he funwas cr im ina l ized in damenta l cha l lenges to more substant ia l, Canada, it has become what Professor societa l change from lega l izat ion. I n t he O w usu-Bempah ca l ls a “gateway dr ug ” meant ime, racia l ized ind iv idua ls w i l l for racia l ized ind iv idua ls into t he cr im icont inue to be d ispropor t ionately st igna l just ice system. Even m inor of fences mat ized. lead to cr im ina l records, wh ich have T here are g roups work ing to of fset last ing repercussions. T hey can impede t hose d ispropor t ionate ef fects. T he Caman ind iv idua l’s abi l it y to access educapa ig n for Cannabis A mnest y, representt ion, to ga in employ ment, to secure ed on t he panel by DiGiuseppe and Pro housing, and to t ravel outside t he counfessor O w usu-Bempah, is cur rent ly t r y. circu lat ing a pet it ion ca l l ing on t he fedDiGiuseppe arg ues t hat t wo key prob era l gover nment to “act now and issue lems w i l l rema in after lega l izat ion. First, blan ket pardons to a l l ind iv idua ls for t he t he relevant leg islat ion w i l l not ta ke of fence of simple possession of cannaaway t he pol ice’s power to engage in rabis.” T he reason for blan ket pardons is in cia l prof i l ing. W hereas t rad it iona l ly, t he par t to remove t he f inancia l burden, and smel l of cannabis may have been used as in par t to help t hose ind iv idua ls avoid an excuse to engage w it h a person of co facing t he same biases from t he Nat iona l lour, often as a pretext for fur t her invesParole Board t hat t hey may have faced t igat ion, now, pol ice can stop a person when t hey were f irst charged w it h t heir on t he st reet to see whet her t hey are of fence. smok ing i l l icit cannabis, or in t heir car, T hese ef for ts, and ot hers, are pay ing to see if t he person has cor rect ly stored of f. T he Tr udeau gover nment recent ly t he cannabis in t heir t r un k. Professor announced on October 17 t hat Canad iO w usu-Bempah points to stud ies from ans w it h mar ijuana conv ict ions w i l l not Colorado, and ot her states t hat have lehave to pay or wa it for a pardon. ga l ized recreat iona l cannabis, wh ich Here, in Toronto, t he pol ice are a lso show t hat, fol low ing lega l izat ion, t here undergoing unconscious bias t ra in ing, has been an increase in t he number of rat hrough a prog ram ca l led Fa ir & I mparcia l ized ind iv idua ls enter ing t he cr im it ia l Pol icing. T he hope is t hat it w i l l imna l just ice system. prove t heir interact ions w it h marg ina lA s Professor O w usu-Bempah ob ized commun it ies. However, t he nature, ser ved, “T he fact of t he matter is t hat scope and ef fect of t hat tra in ing rema in t here are a lso racist pol icing pract ices… to deter m ined. and t hose aren’t simply going to go away,

CANNABIS SPECIAL

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October 31, 2018 | 15

In Cannabis Veritas 17/10 blaze it TOM COLLINS (2L) For the first time in living memory, smoking cannabis is legal in Canada. Right now, you can go to www.OCS.ca and buy weed from the Ontario government. And you should. If you are a law student, then you must already be intimately acquainted with the dizzied frenzy of preoccupation. Weed has this magical way of dissolving preoccupation. As comedian Katt Williams once observed, “[t] here is a chemical called weed that’s called ‘fuckit’, and if you can just get that in yo’ system, it can change yo’ life.” If you are ready to change your life, then keep reading. I have gathered recommendations from some of the most knowledgeable sources at the law school, to help you find a strain that’s right for you. [Editor’s Note: sources have been anonymized, because of the legal implications of their recommendations.]

Purple Kush’s high tetrahydrocannabinol (THC) content can do that for you. I have found that toking before bed quiets an unsettled mind and makes my sleep more solid. Raw Purple Kush has an intoxicating aroma. It is this pungent musk, an earthy dankness, offset by nutty mid-notes, and topped by an almost sickly sweetness. That sweetness vanishes as you smoke it, giving way to rich and rounded flavours of dark chocolate, leather, oak, and spices like cinnamon and ginger, not entirely unlike a Montecristo No. 1. Indeed, high quality Purple Kush is easily as flavourful and smooth as a premium cigar, but it has a less domineering aftertaste, and it gets you high. The Ontario Cannabis Store does not presently sell Purple Kush, but I am confident that it soon will. Expect it to sell for upward of $12 per gram.

Dankenstein If you, like me, grew up listening to rap, then you will probably have heard of Purple Kush. This pure indica strain apparently emerged from Oakland, California, where its heavy smoke dances to HBK Gang baselines. Purple Kush now enjoys broad popularity, because of its powerful, narcotic effects. If you want to slip slowly and giddily into the warm and velvety depths of corporeal numbness,

Kanna-Kween Now that cannabis is legal, it is time to normalize the discussion around recreational cannabis use. But even if you are ready to take the plunge (or the puff), where do you start? Well, get ready to learn, because the Kanna-Kween is coming in hot with a review sure to enlighten the senses. Preferences for strains are like preferences for wine. Where one person may prefer a sweeter wine

over a drier one, some people, such as myself, prefer low THC content and a higher cannabidiol (CBD) content over the inverse. The effects of a low THC percentage will be more physical, leaving you with a clearer mind and ready to sleep, and, honestly, ready AF to get your snack game on. With a good indica, you’ll be forgetting about the confusion of torts and fantasizing about tortes instead. Popcorn and grapes are also super good. Although it is not currently available through the OCS (@JustinTrudeau, can I put in a formal request!?), Bubba Kush is definitely “high up” on my list of favourite indicas (so many puns, so little time). If your neck is sore from being in a permanent ninety-degree angle, looking down at your textbook, or if your shoulders are tight from the law-student slouch, then this strain is “highly” recommended. But remember folks, everything in moderation. We need our brains to stay sharp and motivated in case we have to argue future constitutional cases on recreational cannabis regulation. Save this one for a lazy Sunday, or for before bed. Toast Factory Do you hate having to keep puffing to maintain

your high? Does the idea of vaping make you feel like hipster trash? Then do I have a solution for you: edibles! My most recent green goodie came in the form of chocolate chip cookies, made by yours truly. The special ingredient came from homemade cannabutter created from Blue Mystic, a potent indica strain combining the best parts of Blueberry and Northern Lights, to give you a relaxing, happy high. Unaltered, Blue Mystic has a musky, sweet scent. Baked into cookies, the scent virtually vanishes, especially with the addition of savoury or complex flavours such as salt flakes or toffee. Within forty minutes to an hour of imbibing, you can expect to feel giggly and gleeful. This eventually mellows out into an easily sustained, laidback high. Suggested pairings include: wavy potato chips and dip, chocolate, milky Korean popsicles, or pretty much anything in your pantry or fridge. With delivery services constantly expanding their offerings, you can rest assured that your cravings won’t go unsatisfied. The OCS does not yet include Blue Mystic in their offerings, but after reading this review, I’m sure they soon will. Expect it to fetch about $14.00 per gram, but close friends get cookies for free.

IMAGE CREDIT: ELLINOR LARSON, LICENSED UNDER CC BY-NC-ND 4.0

16 | October 31, 2018

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RIGHTS REVIEW The International Human Rights Program at the University of Toronto Faculty of Law An independent student-led publication Co-Editors-in-Chief: Anne-Rachelle Boulanger (4L JD/MGA) & Brenda Chang (3L) Senior Editors: Chelsey Legge (4L JD/MPP) & Emily Tsui (2L JD/MGA)

AUTHOR: ADIL MUNIM (2L)

ihrprightsreview

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rightsreview

RIGHTS REVIEW

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October 31, 2018 | 17

IN THE CITY THAT NEVER SLEEPS, HUMAN RIGHTS ACTIVISTS NEVER REST: MY SUMMER WITH HUMAN RIGHTS WATCH By Chelsey Legge (4L JD/MPP)

PANEL DISCUSSION FOLLOWING THE SCREENING OF THE SILENCE OF OTHERS, WITH FILMMAKERS ALMUDENA CARRACCEDO & ROBERT BAHAR, CHATO GALANTE, FILM SUBJECT, FERNANDO TRAVESI EXEC DIR, ICTJ AND PARAMPREET SINGH, ASSOCC DIR, INTL JUSTIC PROGRAM, HRW. MODERATED BY EMMA DALY, COMMS DIRECTOR, HRW. PHOTO CREDIT: CHELSEY LEGGE

If someone had tried to tell me seven years ago that I would spend the summer of 2018 working for my dream organization in an office on the 34th floor of the Empire State Building in New York City, I would have laughed. Sometimes, though, dreams really do come true. I spent May through July working as an IHRP fellow with the Women’s Rights Division at the Human Rights Watch (HRW) headquarters in New York. Working for HRW, particularly for the Women’s Rights Division, is something I’ve wanted to do since my first year of undergrad. In fact, my desire to work for HRW was a huge factor in my decision to apply to law school; most HRW researchers have a background in either law or journalism (and deadlines scared me off journalism a long time ago). HRW is a non-profit, non-governmental organization, known for its accurate fact-finding, impartial reporting, effective use of media, and targeted advocacy, often in partnership with local human rights groups. The Women’s Rights Division at HRW works towards the realization of women’s empowerment and gender equality, protecting the rights and improving the lives of

ihrprightsreview

women around the world. My main project this summer involved providing research assistance to Skye Wheeler, the emergencies researcher for the Women’s Rights Division, for an upcoming report on violations of the human rights of sex workers in South Africa. The report is based on Skye’s interviews with sex workers and other stakeholders in South Africa. Through this experience, I learned about the alarmingly high rates of intimate partner violence, rape and other forms of sexual assault. I discovered that South Africa has specialized sexual offences courts, and an innovative approach to post-rape care in the form of Thuthuzela Care Centres -- one-stop facilities where women can receive medical care and counselling, and file a police report if they wish. I learned, in disturbing detail, about the malicious treatment of sex workers by police officers, members of the public, and clients. Police abuses against sex workers are so well-documented, I compiled a separate annex of reports on these abuses published by South African NGOs over the past decade (the most recent report was published just last year by Sonke Gender Justice).

The work was often emotionally difficult, but I knew the end result -- the HRW report and its recommendations -- would be worth it. I’m confident that the report will have a positive influence on the ongoing debate concerning the future legal status of sex work in South Africa, and I’m so proud to have played a role in its creation. It’s almost impossible to choose my favourite memory from this summer – my conversations with Skye, the lunchtime speaker series at the office, the meals at delicious vegan restaurants all around the city. However, the HRW New York Film Festival really stands out. The festival ran for a week in June and included 15 films, 12 of which were directed or co-directed by women. I managed to see nine films the week of the festival, and two in particular have stuck with me. The first was the opening night, aptly-named film On Her Shoulders, which tells the story of Nadia Murad -- you might recognize her name as one of the recipients of this year’s Nobel Peace Prize. Nadia is a survivor of the 2014 atrocities against the Yazidi community in northern Iraq. The film follows Nadia and her supporters as she pursues justice for her community. The audience bears painful

ihrp.law.utoronto.ca/page/rights-review-magazine

witness to the intense toll it takes on Nadia to be a spokesperson and symbol of hope for her people. The second film I can’t stop thinking about was The Silence of Others. The documentary follows a group of victims and survivors of Spain’s 40-year dictatorship under General Franco. Their pursuit of justice is impeded by “the pact of forgetting,” a 1977 amnesty law prohibiting legal action related to the oppression, torture, and murder that took place during Franco’s regime. The film subjects implore the audience, and the powers that be, to realize that there can be no healing, no peace, without justice. The film festival stands out as my favourite memory not only because of the compelling, heartbreaking, and inspiring films, but also because of the energy around the office during that week and all the people I was able to connect with before and after the screenings. I felt like part of a community of brilliant and compassionate people who are dedicated to justice and human rights. This feeling persisted throughout my summer at HRW, and even now, months later, it lingers. I am grateful beyond measure for this experience.

rightsreview

18 | October 31, 2018

RIGHTS REVIEW

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THE HAGUE TO BEIRUT: WHAT IT’S LIKE TO WORK FOR THE SPECIAL TRIBUNAL FOR LEBANON By Madeline Torrie (2L)

BYBLOS, LEBANON PHOTO CREDIT: MADELINE TORRIE

Many have heard of the International Criminal Court, the International Court of Justice, or the International Criminal Tribunal for the former Yugoslavia, all of which are seated in the Hague. The Special Tribunal for Lebanon (STL) is less well known, but as the first international criminal tribunal to prosecute crimes of terrorism, it is an important player in the field of international criminal law. The Tribunal was created after the assassination of Lebanese Prime Minister, Rafik Hariri on February 14, 2005, when a car bomb killed him and 22 others. In addition to the prosecution of crimes of terrorism, the Special Tribunal for Lebanon has jurisdiction to prosecute related political assassinations from that time. As a legal intern in the Appeals Chamber of the STL, I worked closely with judges and

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the President of the Tribunal on research created in anticipation of an appeal after the trial’s conclusion. The internship definitely improved my legal research and drafting skills, which has its own unique challenges - anyone who has tried to ‘note-up’ an international criminal law case will understand. If someone told me in 1L that I would be asked to write a 30-page memo in a week I would have laughed, but that was reflective of the trust and expectation placed on the STL interns. While the STL applies substantive Lebanese criminal law, its procedural rules are based on international criminal law. This makes it close in character to hybrid tribunals, such as the Special Cour t for Sierra Leone and the Extraordinar y Chambers in the Cour ts of Cambodia. But un-

like these other hybrid tribunals, the STL is based in the Hague because of legitimate threats to the security of the tribunal. Even so, I was curious to know more about the countr y I had spent so much time learning about, so I took the opportunity to travel to Lebanon for a week. This was a wonderful experience, and definitely a highlight of my summer. Lebanon is a countr y with diverse religions, a fascinating histor y, and beautiful historic sights. Going there provided me with context to the arena in which the tribunal was operating.

However, it was an easy place to live as a Canadian. It was also a quick 40 minutes train away from Amsterdam, and centrally located near other par ts of Europe. One of the best aspects of working in the Hague at an international criminal tribunal was the social atmosphere. Like U of T Law’s ‘Call to the Bar,’ we had Thursday Night Drinks, which was open to all interns at all international criminal tribunals. This was a great oppor tunity to meet people working in other criminal tribunals and share experiences with other young people interested in the field of international law.

As for living in the Hague, there were some challenges, like navigating the Alber t Heijn (one of the few groceries stores open past 6pm) and learning the Dutch rules of the road on a well-used bicycle.

I would like to thank the IHRP for suppor ting this oppor tunity. If anyone is interested in interning with the STL or in the field of International Criminal Law, do not hesitate to reach out.

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RIGHTS REVIEW

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October 31, 2018 | 19

A SUMMER OF MIGRATION: LIVING, LEARNING AND TEACHING By Rachel Bryce (2L JD/MGA) On an early Monday af ternoon last April, my flight descended over Lac Léman, surrounded by the majestic Swiss Alps. I arrived in Geneva for four of the most meaningful and memorable months of my life. Thanks to the IHRP, I had the opportunity to work with the International Migration Law unit at the International Organization for Migration (IOM), the United Nations Migration Agency. I was a par t of a five-woman team with two other exceptional interns who have become lifelong friends. In this tight-knit team, I researched LGBTI migrant rights and discretionar y humanitarian protection. I authored and co-authored Information Notes on this research to update the IOM staf f on the current state of international law. I attended and repor ted on the Global Compact for Refugees consultations and Human Rights Council (HRC) events. Both of fered the chance to understand how international agreements are made, but the more personally significant interactions came from the HRC side events engaging members of the academic and non-profit worlds. Especially impactful was the HRC side event hosted by the Special Rappor teur on Internally Displaced Persons (IDP), which welcomed visiting IDPs to share their stories and experiences. A second event hosted by the Special Rappor teur on contemporar y forms of racism was similarly impactful through its passionate discussion on the intersections of migration, racism and xenophobia. Taking these experiences back into the of fice motivated day-to-day briefs and background research for the monthly training

missions to Member States, as well as the frequent editing of field of fice countr y repor ts. Beyond the professional, this summer was socially and personally fulfilling. The intern network in Geneva filled all nonwork hours with bright, motivated individuals who all shared my desire for adventure and travel. I formed friendships in these past four months that have forever changed my life. As expensive as life can be in Geneva, it is the hear t of Europe and travel to neighbouring countries is comparably cheap. At the risk of sounding like the stereotypical millennial globetrotter, I escaped almost ever y weekend and saw cities throughout France, Italy, Spain, England, and Switzerland. The wealth of culture, ar t and histor y in Europe is astounding and of ten felt surreal compared to our relatively young countr y. I remember distinctly walking through the Jewish Quar ter in Rome, passing yet another grand stone ruin and feeling as if I was on a film set, not actually passing by buildings that would have stood proudly in that ver y city millennia ago. Without hesitation, to any future IHRP fellows, I recommend taking full advantage of both the professional and personal oppor tunities that come from the internship experience. Ask for work you are passionate about, surround yourself with like-minded, adventurous individuals, and travel as much and as cheaply as possible. These memories will stay with you forever and will define how you see the world and yourself for the rest of your life.

INTERNATIONAL JUSTICE NEVER RESTS: OUR SUMMER IN THE HAGUE By Emily Tsui (2L JD/MGA) and Spence Colburn (2L) For three months this summer, we interned at the International Residual Mechanism for Criminal Tribunals (IRMCT ) in the Of fice of the Prosecutor’s Trial and Appeal Divisions. We had a fantastic summer learning about international criminal law in the beautiful Dutch city of The Hague - the international city of peace and justice. IRMCT works on ongoing cases relating to the 1990s Yugoslav conflict and the 1994 Rwandan genocide. The individuals that appear before the Tribunal are the principal architects of war crimes, genocide, and crimes against humanity during these conflicts. Working at the Tribunal was a great way to learn about these impor tant points of histor y, human rights, international criminal law and international humanitarian law. We were drawn to IRMCT because we wanted to learn more about these fields, liked the

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idea of working in ongoing litigation, and were excited to live in a place like the Netherlands for a summer. Our internship experience exceeded our expectations. As it was our first time working in international criminal law, we faced some challenges in our work. In the Trial division, Spence worked on ongoing litigation per taining to Prosecutor v Stanišić & Simatović. It was tough at times to manage the competing expectations of up to eight trial law yers, and there was a large amount of administrative assignments relative to substantive work. In the Appeals division, Emily worked on the preappeal phase of Prosecutor v Ratko Mladić, principally on the acquitted charge of genocide in the municipalities of Bosnia and Herzegovina. Navigating the voluminous case law and understanding the legal context was dif ficult, especially in the absence of a single database

to search through the jurisprudence. However, these challenges were far outweighed by the highlights of our internship. We both learned a lot by conducting legal and factual research, interacting with our highly-accomplished super vising attorneys, and receiving tours of the evidence archive. In par ticular, Spence was able to appear in cour t and attend witness proofing, which is an extraordinar y experience for a student that has just completed 1L. It was exciting for Emily to come up with arguments to rebut the defence and to conduct academic legal research. We both had the sobering oppor tunity to obser ve the accused in cour t, including watching former Bosnian Serb General Ratko Mladić spout political diatribe about the Tribunal’s unfair targeting of Serbs while wearing a “Down with NATO” t-shir t. Throughout these experiences, we had

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the for tune of being a par t of the remarkable intern community in The Hague, which included interns from Hong Kong, Australia, Ireland, Aruba, and Kyrgyzstan. We strongly encourage all students to consider completing an internship at IRMCT, and more broadly, in The Hague. The IHRP fellowship is a fantastic opportunity to travel and be funded for doing so. For most students, the 1L summer represents one of the last times they will have the freedom to go abroad before accepting a 2L position in Canada. We would advise students interested in internships in The Hague to apply early. Many of these positions begin accepting applications in October and are handed out on a rolling basis. Finally, if any student has questions about IRMCT, The Hague, or an IHRP fellowship generally, we are happy to share our experiences fur ther over Facebook or cof fee.

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20 | October 31, 2018

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RIGHTS REVIEW

EQUALITY EFFECT: WOMEN’S RIGHTS IN MERU, KENYA By Nicole Thompson (2L) This summer, I spent each work day reading the case files of young girls who had experienced sexual abuse, and followed their cases through the Kenyan judicial system. Then on the weekend, I would paint their nails or help them to colour pictures of barnyard animals at the Tumaini (Hope) Children’s Shelter. I applied to the IHRP Fellowship program because I knew that I wanted to take my classroom experiences and translate them into meaningful contributions abroad. This is exactly the kind of experience I got while working for the Equality Effect in Meru, Kenya. Despite the steps taken by the Kenyan legislature and judiciary, sexual violence against women

and girls is endemic throughout the country. Approximately 1 girl is raped every 30 minutes. In 2013, the High Court of Kenya heard a constitutional petition from Equality Effect representing 160 girls in the Meru region, who were all survivors of defilement and abuse. In attempting to access justice, many of these girls encountered significant obstructions by the police. In response, the High Court ruled that all police officers had an obligation to conduct ethical, thorough, and prompt investigations in all defilement cases. To ensure that this decision was about more than just a pro forma acknowledgement of responsibility, the Equality Effect has implemented public legal education, court

monitoring, and police training programs. Prior to arriving, I had built up expectations about what this type of legal work would look like: I would spend my summer conducting legal research and visiting court. Perhaps I would be able to assist in training seminars that battled the stigma attached to survivors of sexual violence. While I did all of these things and more, my fondest memories, and the experiences that will most shape my future as a lawyer, took place at the shelter. Run by Equality Effect’s local partner Ripples International, the Tumaini shelter provides security, basic care, and a community of support to girls

who are testifying in ongoing sexual violence cases, or escaping abusive situations. Law students analyzing cases in law school, even ones with troubling facts, are often insulated from the emotional and psychological effects that systems of justice can have on the parties involved. These personal connections allowed me to see how these institutions, in both their successes and failures, affected survivors in a way that would not have been possible from the classroom. These weren’t always legal skills that I was developing, but in connecting with these girls and their culture, I became a better advocate.

FOUND IN TRANSLATION: A SUMMER AT UNHCR BANGKOK By Kristen Kephalas (2L JD/MGA) I did my IHRP fellowship at the United Nations Refugee Agency (UNHCR) in Bangkok, Thailand. I came into law school committed to my passion for human rights. I knew the IHRP fellowship could help me transform my passion into a realistic career path. I decided to pursue a fellowship at the UNHCR because my interest in refugee law is what brought me to law school in the first place. Since the UNHCR is the refugee status-granting body in Thailand, I wanted to work there to familiarize myself with the decision-making process. At work, I was tasked with a variety of responsibilities including research, oneon-one counselling, analy tical writing, and investigative inter viewing. I learned about the political situations, cultural intricacies, and histories of numerous countries in Asia, the Middle East, and Africa. I worked with interpreters and picked up words and phrases from various languages. I also learned about the situation for refugees in Thailand’s unique socio-political context, which turned out to be the source of one of my biggest challenges. Thailand does not recognize refugee status, so the conditions that asylum seekers and refugees face in the countr y are abysmal. This context severely hinders ef for ts to improve the livelihood of the UNHCR’s Persons of Concern (PoCs) and it is hugely dishear tening. It made the work feel frustrating and sometimes futile. However, the compassion and drive of the team at UNHCR was inspiring even in the most dismal of cases. Inter viewing and counselling PoCs was the most challenging, but enriching aspect of my fellowship. With the aid of interpreters, I got to speak with PoCs individually and learn about their lives and their challenges back home and in Bangkok. I did community and protection counselling at the Bangkok Refugee Centre (BRC), a par tner of the UNHCR.

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ihrp.law.utoronto.ca/page/rights-review-magazine RECLINING BUDDHA IN WAT PHO. PHOTO CREDIT: KRISTEN KEPHALAS

The BRC is a community centre that offers counselling on issues such as getting children into school, navigating financial challenges, avoiding arrest, and staying on top of the administrative requirements of asylum applications. Sometimes people come to BRC with urgent and serious concerns like homelessness, acute mental illness, and fear of violence from domestic par tners. These issues in par ticular forced me to keep my cool and flex my problem-solving skills in order to work collaboratively with individuals to help them find immediate solutions like organizing home visits by UNHCR staf f or referring them to shelters and mental health suppor ts. I had never been to Asia before the IHRP, so arriving in Bangkok af ter a twenty-four hour journey completely alone and utterly disoriented was stressful. Once the jetlag subsided, I tried to find my rhy thm in a city that can turn on a dime. Bangkok is an endless trove of diverse experiences and people. Even af ter four months of thoroughly exploring the city, I barely scratched the surface. Yet, by the time that I had to pack up my apar tment and head back to Canada, Bangkok had become a home. While I loved my day job at UNHCR, my best memories of my fellowship happened outside of work hours with the friends I made from all over the world. I found a family in Bangkok that I had not expected I would. Af ter a grueling year of 1L where lonely late nights in Bora Laskin dominated, spending a summer surrounded by folks from all walks of life was reenergizing. My advice to anyone looking to do an IHRP fellowship is to challenge yourself. Find an organization that will give you meaningful and dif ficult work in a place that is unfamiliar to you. The IHRP fellowship is a unique oppor tunity to get out of your comfor t zone and grow as both a law student and an individual.

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OPINIONS

October 31, 2018 | 21

The Jackman Law Building Sucks MATTHEW MOHTADI (1L) Every year, thousands of tourists descend upon U of T to admire and capture its architectural beauty. There is, however, nothing to admire about the Jackman Law Building and nothing worth capturing about it either. On a campus f illed with some of the most stunning architecture in the city, the Jackman Law Building, in the most civil way I can put it, sucks. Let’s begin with the outside: the merciless and monotonous march of rectangular columns—which look anemic in comparison to the stunning columns that adorn Flavelle—is boring and unimaginative. If Robarts is a giant concrete peacock, then Jackman is a concrete rectangle lined with tank tread. And what’s with all the thin grey lines on the windows all over the building? Did the architects have a vendetta against unobstructed glass? Are they trying to prevent people from seeing inside the building? If it’s because of the latter, the building’s aesthetics are more than enough to deter onlookers from gazing at Jackman for more than a couple of seconds. To misquote a U of T professor with impeccable taste and an unparalleled knowledge of property, “the Jackman Law Building is an unsightly sight that dwarfs an elegant and historic mansion”. The Fontainebleau Hotel Corporation would be proud. Jackman isn’t just ugly on the outside: if it’s what’s on the inside that counts, then Jackman doesn’t count for much. At a time when promoting diversity in the legal profession is more important than ever, it’s remarkable that the interior of the Jackman Law Building manages to be so white. It’s aesthetically and substantively akin to Wonder Bread. Even Professor Phillips’s wardrobe is more colourful. Perhaps the architects, knowing the stress of law school, went in this direction to create an environment that evoked feelings of serenity and calmness similar to a stereotypical vision of heaven. Unfortunately, Jackman is overrun with grey chairs, grey f loors (which are riddled with stains and cracks), grey lockers, grey walls, grey carpets, and a giant grey rock climbing wall. Surprisingly absent in the library is the worst best selling novel that evidently inspired this aesthetic. The cumulative effect of the architect’s bizarre fascination with the colour grey compounds, rather than alleviates, the stress law students experience. Another reason for Jackman’s drab and dreary nature is the lack of art. Art in Jackman is rarer than f inding an inch of space in Jackman that hasn’t been sponsored by a law f irm (by the way: law f irms, if you’re reading this, there are a bunch of water fountains, bathrooms, staircases, and garbage cans that no one has claimed yet). The law school has recently taken steps to resolve the “oh art, where art thou” issue by acquiring two big and bold pieces of In-

digenous art. More importantly, the artwork celebrates and establishes the importance of Indigenous culture. The few steps that the school has taken to further these objectives suggests that the money for doing so has been allocated to more pressing needs, such as supplying students with a never-ending stream of “cardboardesque” tasting pizza. Perhaps law f irms could pick up the slack and donate art that they haven’t hung up. Jackman’s most egregious failure is the atrium. Walking into the atrium from the University Avenue entrance and seeing its soaring heights should be a sight to behold. Instead, the f irst thing you are several random pillars obscuring the view. Where is Sampson when you need him? The Philosopher’s Walk entrance is even more embarrassing; you’re literal ly wa lk ing into a wal l. I’ve already dealt w ith the rock climbing wa l l (why don’t we have a rock climbing club?), but not the f ireplace in it. It’s so pathet ic that I hesitate to ca l l it a f ireplace. Ser iously, what’s the point? It’s sma l ler than Stuart L itt le and r uns as often as I d id over the summer when I had pneumonia. It’s not even a lig ned correct ly! Word on the street is that students w ith OCD plan to f ile a class act ion lawsuit on the basis that the misalig nment v iolates their s. 12 Charter r ights against cr uel and unusual punishment—just don’t tel l them about McK inney v University of G uelph . The only sav ing g race is the Bora Lask in Law L ibrar y, part icularly Tor ys ( praise be) Hal l. The v iews of Philoso pher’s Wa lk and Tr init y Col lege, t wo of U of T’s most stunning features, prov ide a desperately needed respite from the rest of the build ing. It even has some nice art! Even so, the v iew is severely hindered by g iant columns ever y t wo feet; I suppose the architects rea l ly do have a vendetta against unobstr ucted glass. The only advantage is that they shield our eyes from the unbearable aura of WA SP iness emanat ing from Tr init y Col lege. In award ing the Jack man Law Build ing a 2013 Canad ian A rchitect Award of Excel lence —an award surely g iven out w ith the same frequency as part icipat ion meda ls—one juror, clearly under duress, suggested that the Jack man Law Build ing w il l be “…a landmark build ing on campus.” The build ing w il l undoubted ly ser ve as a landmark: a landmark example of poor architecture. Hav ing failed to “create a law school among the f inest in the world,” it is only appropr iate that the execut ive architect, B+H A rchitects rename themselves to B+L P A rchitects. Because the Honourable Ha l Jack man doesn’t deser ve to be associated w ith such an utter d isappointment, I propose that the build ing be renamed to the Diamond & Diamond Law Build ing. If that’s not possible, Diamond & Diamond should sponsor a toilet.

THE WHITE COLUMNS OF THE JACKMAN LAW BUILDING ATRIUM. PHOTO CREDIT: MATTHEW MOHTADI (1L)

THE ROCK WALL OF THE JACKMAN LAW BUILDING ATRIUM. PHOTO CREDIT: MATTHEW MOHTADI (1L)

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Speak of the Devil, the Devil Appears Lady Arden appointed to the UK Supreme Court TOM COLLINS (2L) On occasion, one f inds oneself privy to a conversation so esoteric, that cannot help but listen in quiet, curious amusement. I recently had such an experience. It was October 1 and I was in the library. I was sitting on the upper level when I heard some students discussing the controversial UK Court of Appeal decision in Pennington v Waine. For those of you who have not studied trust law, there was a longstanding principle that, once a person had done everything within his or her power to effect a gift, but factors beyond the settlor’s control impeded the transfer of assets, a court would f ind that the intended gift was held in trust until the transfer could be completed. Or, the court would at least estop the transferor from revoking his or her intention to effect the gift. However, in Pennington v Waine, Lady Justice Arden appeared to f ind that it was suff icient that a person believes (on reasonable grounds) that he or she has done everything necessary to effect a gift, for his or her intention to effect the gift to crystalize. In

that case, an aunt attempted to transfer some shares to her nephew. But, instead of giving her nephew or the company the relevant documents for registration, she gave them to the company’s auditor. The auditor told the aunt that she need not do anything more to complete the share transfer, but he was wrong. The nephew then accepted a directorship at the company—a position reserved for shareholders—on the mistaken belief that he owned his aunt’s shares at common law. When the aunt died, one of the benef iciaries of her will, Waine, relied on the traditional rule and argued that the shares were an imperfect gift, which should result back to the aunt’s estate; the shares could not be held on trust by the aunt’s estate for the nephew, because the aunt had not done everything in her power to effect the transfer. Waine lost, because Arden LJ found that it was suff icient that the aunt had completed all of the necessary paperwork to effect the transfer.

Anyway, when I tuned into the conversation, the trusts pupils were decrying her Ladyship’s “heavy-handed application of the bankrupt and hackneyed idea that what is unconscionable must depend on the court's evaluation of all the relevant considerations.” “She’s mad,” the f irst pupil dourly avowed, shaking his head. “After all, that is why she failed to become the second woman on the UK Supreme Court. It’s bad enough that her husband, Lord Mance, is there; he’s a deranged Europhile.” The other two pupils began to laugh, the third one repeating in jest, “a ‘deranged Europhile’ — damn him!” Meanwhile, the second pupil appeared to have inquired into the matter of her Ladyship’s rejection. “I hate to contradict you,” he began, “but Wikipedia says, ‘Arden’s appointment to the Supreme Court of the United Kingdom was announced in June 2018—’” “Surely not!” the f irst pupil exclaimed in genuine surprise, cutting off his friend, who

paused to looked up from his computer. “Speak of the Devil,” the third pupil began to sing, in what sounded like a Chris Isaak impression. “Wait. There’s more,” the second pupil continued “‘…to take effect from 1 October 2018’.” There was a silence. The three pupils looked brief ly around at each other, as if to conf irm that they were all witness to this spooky coincidence. Then the second pupil continued once more, “And, she is preceded as a Justice of the Supreme Court by…” He again paused to allow the other two to conjure their worst suspicions. “No way,” whispered the third pupil, in a voice f illed half with excitement and half with dread for the name he already knew was coming. “The Lord Mance.” There was another brief silence, and then the third pupil continued his Chris Isaak impression. “the Devil appears.” [Editor’s Note: the word count on this article was 666.]

A Commuter’s Guide to Law School Survival MARIANGELA ASTURI (2L) Let’s be honest. We have all had our fair share of “oops, I did it again” 2018 moments (cue Britney). I, for one, did the absolutely unthinkable this year: I moved back in with my parents in Vaughan. Tragic! My current commute to school involves a 15 minute drive to the subway and a 45-plus minute subway ride. This makes my ten minute walk to school in 1L seem like a literal walk in the park. Having commuted to U of T for four years during my undergrad, and having lived downtown for one year, during 1L, the following is my list of the pros and cons of commuting to school. Commuter Cons There are clearly many cons associated with commuting to law school. For one, commuting eats up a lot of time in the course of a week. My daily two hours spent commuting adds up to a whopping ten precious hours of my life a week. Thinking about how f it I could be if I invested those ten hours into the gym, or how well-rested I’d be if I was able to sleep two more hours a night, makes it very hard to argue that commuting does not suck. While doing

readings during your commute is an option, if you are anything like my distracted self, people-watching makes it diff icult to get anything done. Furthermore, coming downtown has truly turned into a commitment. Whereas last year I could sneak home between classes for a nap or a bite to eat, this year, when I come to school, I am there to stay. This has made packing for school an art that I have mastered. Everything needed for daily survival must come with me: breakfast, lunch, dinner, chocolate in case I’m happy for some reason, chocolate for when I get sad, every charger I own, etc. It’s for this reason that my school bag (also known as Mariangela’s house, trailer, and baggage) is the size of a suitcase. Commuting also dictates when I can and cannot leave school, as I often f ind myself staying later at school in an attempt to avoid rush hour. Conversely, being forced to study on campus instead of at home has its pros. The libraries near my home are not open late and studying at home is difficult. Like many, I am extremely unproductive at home. But that lack of productivity is exac-

erbated by the fact that I live with an extremely large, Italian family (whom I love, but who do not understand the concept of “the whisper” or “personal space”). Lastly, I have found it more diff icult this year to be involved at school. It was much easier to meet a study group or attend an event when I was within walking distance from where it took place. Commuter Pros Although there are many cons associated with commuting, there are also some benef its that I have enjoyed. One of the most signif icant benef its is the amount of money I am saving this year by living at home. I have also found it easier to make healthy choices with regards to my diet. Whereas last year I found myself picking up food on the go and never really having time to cook, I am now eating more wholesome meals (Shout out to my parents!). Although I have to pack a lot of food for the day, it forces me to meal prep and be more conscious about what I am choosing to fuel my body with. The last, and arguably best, thing that I have enjoyed about commuting to school is

the surprising positive effect that it has had on my mental health. Looking back, I feel as though some of the stresses and anxieties that I experienced in 1L were caused by the fact that I, at times, felt too bound to the law school. I think that living so close to the school made it easy to spend way too much time there. This year I found that my physical distance from the law school has really forced me to be more balanced about how I spend my time. It has enabled me to internalize the fact that being a law student is only a part of who I am--something that I found hard to remember in 1L at times. Further, being away from the school has allowed me to spend more time talking to my family and my non-law friends about things that do not involve the riveting debate about “Come on! Was that really a contract? Or, maybe it was just a gift this whole time!” Suff ice it to say that commuting is possible and something to consider! In my opinion, the benef its have made my time commuting worthwhile. For all my Vaughan people out there, hit me up for a commuter buddy or for some good Italian restaurants!

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October 31, 2018 | 23

In Vino Veritas Ontario offerings: yours to discover TOM COLLINS (2L) Did you know that Ontario has a thriving wine culture? You may have noticed that the LCBO has a small section dedicated to so-called “VQA” wines. The Vintners Quality Alliance ensures those are wines made entirely from grapes grown here, in Ontario. Many of them come from vineyards close to Toronto: in Lincoln, Niagara-on-the-Lake, Prince Edward County, and elsewhere. In this issue of Ultra Vires, we at In Vino Veritas wanted to shed some light on these local wines for two reasons. First, we believe that it is important to support our own economy. Second, and more importantly, Ontario is home to some excellent (and undervalued) wines. Also, Danica is reviewing some ciders, because it is the season! On another note, please welcome our two, new, 1L representatives, Amy Lin and Kimia Veisi Nezhad! They will be writing reviews and helping with operations. Amy will also be hosting our fall tasting event, My Cousin Vino, which happens November 1. You can find more information about that on Facebook. Danica Some of my favourite wines are from Ontario but, since the Fall season is upon us, I’m going to go against the grain (vine?) and talk about Ontario ciders instead. While the cooler weather and changing leaves has many people reaching for pumpkin spice-flavoured everything, for me, it signals the start of cider season. When it comes to picking out cider at the LCBO, there are more options than just trusty ol’ Sommersby. For those of you who prefer plain apple cider without any weird fruits or flavours added, I would recommend Pommies Cider ($3.30/can at the LCBO). I find the tricky part about picking out cider is that they tend to be either way too sweet or

way too sour, but Pommies falls nicely in the middle. It is still on the drier end of the spectrum, but it has enough sweetness that it will not make your mouth pucker with every sip. If you are looking for a more unique cider, one of my favourites is the Shiny Apple Cider with Pinot Noir ($3.80/can at the LCBO). I found the regular Shiny Apple Cider to be a bit too tart for my liking, but the Pinot Noir version balances out this tartness with some delicious red fruit flavours. The cranberry and strawberry notes from the pinot noir are a nice twist on the traditional apple cider taste and add sweetness without being overwhelming. Best of all, this choice lets me combine two of my favourite things: cider and wine. Tom In my opinion, Ontario’s viniculture shines brightest in its Rieslings. Presently, Tawse Quarry Road Organic Riesling 2016 is my favourite wine, because it pairs astonishingly well with the spicy, Indian and Thai dishes which make up a large part of my diet. This VQA wine, which is bottled in Lincoln, southeast of Hamilton, and has a delicate, vegetal nose, with faint whiffs of latex. Take a sip and it reveals what some aficionados describe as “juicidity”—a thirst-quenching, off-dry blend of tangy citrus and pear. Beautifully balanced acidity and low alcohol content (10.5%) make for easy drinking. $24.95 at LCBO Vintages stores. If you love dry Riesling, but need something a little more “everyday” in terms of price, then I encourage you to try Pelee Island Lighthouse Riesling. This wine is named for Lighthouse Point Provincial Nature Reserve, which is at the northern tip of Pelee Island, Canada’s southernmost point (save for the miniscule Middle Island). There is something cheery about it. It is the colour of pale straw, and as

you swirl it around in your glass, you can faintly smell peach and pear. Those aromas carry through to the flavor, which also has bracing acidity. This is a simple, crisp wine — a fine choice for $11.45 at the LCBO. Amy As we waltz deeper into autumn, I am still dreaming of summer with a bottle of Château des Charmes’s Aligoté 2017. Aligoté is an underrated cousin of Chardonnay that is also native to Burgundy. But before you jet off to France or even trek down the aisles of French wines at the nearest LCBO, consider trying Château des Charmes’s local take on this easygoing white. There is a reason why it took silver at this year’s National Wine Awards of Canada. And yet it will only set your bank account back $15.95. Upon opening the bottle, the first thing you’ll notice is the burst of fruity aromas. This is followed by bright notes of green apple and ripe pear that shines through on the palate. With its crisp yet subtly sweet finish, this light-medium-bodied white is a well-articulated expression of liquid sunlight on a warm, pale-blue August afternoon. This is a versatile wine that pairs wonderfully with seafood or chicken but is delicious on its own — just be sure to serve it chilled. Jason I endeavoured to find an up-and-coming producer experimenting with obscure grapes in Ontario. What I got was Quai du Vin’s Ehrenfelser 2016. This varietal was invented by crossing Riesling with an Alsatian table grape. It is neither well known nor highly regarded, but it has taken a hold in British Columbia’s Okanagan Valley, owing in part to its adaptability to short seasons that would be unsuitable for Reisling. Now, Quai du Vin has brought the

wine to Ontario, cultivating a new vineyard on Lake Erie’s northern shore, south of London. Nosing this white reveals a strong odor of tires, garden hoses, and assorted rubber products. It is reminiscent of a sweet compost on the palate, hurling its off-dryness at you with reckless abandon. If you can stomach the queasiness of the first few sips, the finish is surprisingly smooth, although notably missing the acid of an Ontario Riesling. This wine drinks below its $18.80 price point, but it is not a write-off. I would recommend it to anyone looking for a Pinot Gris and some adventure, but who also wanted to buy locally. Kimia There is no shortage of good Chardonnays in Ontario, but Cave Spring’s 2016 vintage offers something a student can appreciate: value. At $15.95, this would be a great wine to have in your fridge for casual drinking. Cave Spring’s VQA chardonnay is pale in colour and not too aromatic. Although, subtle citrusy and floral notes can be distinguished. On the palate, it is ripe and fruity with dominant pear and apple flavours. But it is also dry, crisp, and a bit sour. The finish is bitter-sweet, in more ways than one! It would pair well with simple seafood dishes. Available at the LCBO. If you are looking for something for after dinner—something to pair with light desserts—try Château des Charmes Vidal Icewine 2017. This golden VQA icewine is rich and balanced. On the nose, it is both floral and fruity, with apricot dominating and a subtler sweet orange and honey scent. On the palate, it is viscous and sweet. Yet, it has a surprising dry finish that makes it more complex than your run-of-the-mill icewine. At the LCBO, it costs $27.85 for a 200 mL bottle, which also makes it relatively good value.

DIVERSIONS

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24 | October 31, 2018

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Rejected 1L Exam Questions The first in a series GABRIELLE MCLAUGHLIN (2L) Contracts: This is a 3 hour, closed-book examination. You may not consult any materials. Agatha’s nephew, Bjorn, is a boring loser. He is 27, lives in his mother’s basement, plays video games, and talks about them as though they are real life. At family gatherings, he mansplains things like HVAC to his female cousins, who barely tolerate him twice a year. He has been known to act out full episodes from Game of Thrones to people he has just met. His mother, Agatha’s sister, Cordelia, is at her wit’s end, but she has been unable to help Bjorn to become less of a douchenozzle. After the family Christmas party, when it became obvious to Agatha that no one in her right

mind would ever voluntarily spend time with Bjorn, Agatha suggested that she offer Bjorn a reward for becoming less of an asshat. Agatha was the family moneybags, and Cordelia readily agreed. Agatha offered Bjorn $10 000 and a stick of deodorant, and in exchange, he would shut up, get a job, and do his own laundry. In addition, he would not be allowed to mention anything that takes place in Middle Earth for a period of five years. Bjorn signed the contract, which took immediate effect. From January to June, Agatha called Cordelia periodically to see how the improvement project was going. Cordelia told her “It’s like night and day! He occasionally stops talking, and I think I actually saw him buy his own toilet paper last

week!” Encouraged, Agatha forwarded $10 000 to Bjorn on June 20th, and left a stick of deodorant on his unmade bed. When the family Canada Day party came around, everyone met at Cordelia’s house. They were pleasantly surprised to see that Bjorn was largely silent. The project seemed to have been a success, so Agatha and Cordelia stepped onto the porch to down a well-deserved fifth of bourbon. Suddenly, from inside the house, they heard Bjorn’s unmistakeable braying: “But SAURON rules Mordor!” Cordelia looked at her sister and said: “I give up. I have to burn my house down.” The sisters destroyed her house forthwith. Cordelia has been living with Agatha since July 1st, and Bjorn has been travelling using the $10 000 and

claims that he smells funny because he never found the deodorant that Agatha left on his bed. Questions 1. Advise Bjorn. Bear in mind that it will be almost impossible to get a word in edgewise, so your word limit is 14 words. Use relevant case law to support your claim. You should assume that Agatha and Cordelia are now alcoholics, and that Bjorn’s female cousins have unfriended him on Facebook (one of them even changed her last name.) 2. Same as question 1, but assume that Sauron does not, in fact, rule Mordor. 3. Does Agatha have a claim against Céline Dion?

The Eternal Return of Grad House Thus spoke residustra CAMERON COTTON-O’BRIEN (1L)

AUTHOR’S CONVERSATION WITH HIS ORIGINAL GRAD HOUSE ROOMMATE

“That’s the difference between you and me Morty. I never go back to the carpet store.” Some years ago, when I was young and could wake up before noon, I lived in Grad House with three magnificent suitemates. We made dinner, had drinks, and didn’t clean the kitchen in that wondrous concrete bunker, as we wrote our papers and wondered about where we’d all be in the years to come. Despite the possibilities that nature and youth had held out to me, I became nocturnal that winter—waking up shortly after sundown to write my essays to the tune of the recently released My Beautiful Dark Twisted Fantasy. By the dim light of the GH-provided lamp, Perrier bottles scattered around my feet, I would think about Thucydides and how cruel and weightless our lives can be. I was always cheerful with friends. Nietzsche loved Thucydides as the antidote to Platonism and, of course, introduced us to the preacher of the eternal return of the same. The idea, so far as I can understand, (and that is not well) is that one should live so that one could will doing exactly the same thing again, over and over, eternally. I’ve been thinking about this a lot since I crossed the street from Grad House to the Athletic Center sometime back in August and it seemed like I was living in two different times. I love Grad House. I love the convenience of its location, and I find the concrete walls comforting. I chuckle at the idea that I have to leave Plato’s Cave every weekday to learn about the law. I am sustained by the Second Cup located downstairs, and Daddyo’s Pasta & Salads is my favourite restaurant in Toronto—an opinion I will defend with the detail of a first-year contracts class. I’m not even that vexed by the twin bed. I love Grad House. But I am moving out. Just before I moved back to Toronto, my mom said something horrifying to me. We were having a glass of wine, speaking of this and that, when she suddenly paused, looked at me with great intent, and said: “It will be interesting to see if Peter Pan can find his way out of Neverland.” It will be interesting. Not, “It will be good that…” It will be interesting. I love Grad House but cannot will its eternal return.

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Who Is Law Follies? What you need to know

ALAWNYMOUS* Law Follies: a harmless annual variety show/episode of drunken debauchery for both cast and audience, right? WRONG, SHEEPLE. This so-called “Law Follies” is actually an eponymous front, run by a shadowy agent of the deep law school. His full name: Lawthonius Barche Follies The Second The Third, Esq. We don’t know much about this devious monster, but we made a bunch of stuff up and we figure that’s good enough. Born at Shag Point, New Zealand, a young Lawthonius grew up eating frogs turned gay by fluoride in the water. On the subject of his birth, Follies claims to have had a mother, but your intrepid truth-seekers have it on good authority that he was the lovechild of a hipster lizard and a Whole Foods grocery bag. As all Kiwis do, Follies came to Canada by way of an ancient coming-of-age ceremony requiring that he swim across the Pacific, lest he be fed to a rabid kiwi that eats only organic. Landing in Vancouver, he made his way to Toronto by stowing away in a suitcase owned by none other than future

Puisne Justice, and known moon-witch, Frank Iacobucci. Upon arrival, he began terrorizing this very law school. He attained straight HHs while the law school was still on a regular letter scale and was known to have gotten into frequent fistfights with suspected vampire (and not the fun sparkling kind!) and student Michael Moldaver (as he then was). After graduating as the platinum medalist, Follies seems to have dropped off the map for a period of time. However, super cool (and totally real), secret sources tell us that this time was spent inventing hourly billing, drafting the Legal Process curriculum, and designing the shockingly scratchy fabric of court robes. He then resurfaced in the mid-80s, sponsoring the initial ‘Law Follies’ under his suspiciously shortened name. WHAT IS HE HIDING? Since then, he has wrought nothing but ruin upon the law school and the world. The person crunching carrots in the library? FOLLIES. The entity whose farts are the leading cause of climate change? FOLLIES. (He just blames it on the

cows.) The person poised to be the inaugural Dean of Ryerson Law? FOLLIES. Furthermore, Lawthonius Barche Follies is THE barrier to excellence. Physically, that is. He can control 1Ls, small lizards, orchids, and other inferior forms of life with his mind. There is strong evidence (probative value OFF THE CHARTS) that he does cocaine off the Dean’s head. HE’S MESSING WITH OUR MINDS AND IT’S NOT FUNNY AND WE’RE SICK OF IT. And he’s NOT the Dean! OR IS HE?! No! He is not the Dean. OR IS HE?!?! How would he even do cocaine off his own head? (~B E N D Y S T R A W S~) Friends, Torontonians, country-people, the time has come to expose this nefarious, chickennecked traitor for what it he is. Join with us, Alawnymous, on Thursday, February 7, at 7 pm at the Opera House to oppose the nefarious ways of Lawthonius Barche Follies, put an end to this madness, and cease to be bound by his chains. *Liam Thompson (2L) and Tali Chernin (3L)

October 31, 2018 | 25

How to Get Out of Writing an Article for UV ...even though Honghu keeps nagging you to write one SAHAR SAYYAD (2L)

Fake cough and say “I’m sick” like Karen from Mean Girls.

2. Pretend you hit your head and are now suffering from amnesia.

Ask “What’s UV ?” any time he brings it up. (see #2)

Stop responding to his messages and avoiding eye contact when you see him.

If he manages to stop you in the hallway and asks why you’re ignoring him, pretend you don’t know where you are or how you got there. (see #2)

Transfer to Osgoode and hope you never meet the Editor-in-Chief of Obiter Dicta.

Drop out of law school altogether and pursue your real dream of opening an owl café. (it’s like a cat café but with owls)

Tell him you’ve lost all ability to read or write. (see #2)

9. Fake your own death. 10.

Give in and write a f luff piece for Diversions.

IMAGE CREDIT: ANDREW LUBBA (1L)

DIVERSIONS

26 | October 31, 2018

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Intra Vires Totally real news from around the law school RORY SMITH (2L) & MATTHEW PRIOR (2L) UV indef initely postponed after writers spend entire budget on munchies The November issue of UV has been postponed due to overindulgence on the part of the writers at a meeting that definitely, absolutely, positively was held after October 17, 2018. Chief Justice Wagner teases album release Following the release of former Chief Justice McLachlin’s novel Full Disclosure, current Chief Justice Wagner has teased that he will be releasing a full-length album of free jazz, where he plays saxophone and bongos. Gmail releases f irm auto-reply feature To help students deal with the stress of replying to firms’ intention emails, thank you notes, follow-up letters, and other assorted correspondence, Gmail has added a one-click feature to respond to all emails with auto-generated obsequious drivel. Best, Rory.

In Cannabis Veritus Club Disbanded Following a revelation that the club was in fact formed prior to October 17, 2018, the entire club has been arrested. Concerned students jumped at the chance to effect a citizen’s arrest. Unfortunately, any contraband disappeared in the ensuing kerfuffle. The Supreme Blunt Club Founded The club founder cites the fortunate acquisition of supplies as sparking the idea. The club founder declined to say where and when the supplies had been acquired. Missed Connections You: a member of a prominent Bay Street firm Me: the correct spelling of #MeToo

Vancouver Recruit Guide Or how I nearly avoided the Toronto meat-grinder ANGELA HOU (2L) Dear 1Ls, Are you from Vancouver, British Columbia? (Do you want to be?) Are you sick of Toronto and that weird smell coming off of Lake Ontario? (You should be.) Would you like to go back for your 2L summer? (And possibly forever?) If you’re unsure, let me paint you a picture: In Vancouver, you get to bask in the beauty of your natural surroundings. You turn your head to the north, and you are struck by the majesty of snow-capped mountain peaks. Turn to the west and exult in the expanse of the Pacific. Turn to the south and quickly turn north again. You are continually surrounded by the power of the ocean and the wisdom of old-growth forests. There is also vastly superior weed in Vancouver. Convinced that you want to go back now? Yeah, I thought so. My fellow West-Coasters, let me give you a few tips to acing the Vancouver 2L recruit. And for those of you from Onterrible (or beyond) and have realized that #westcoastbestcoast, this guide will help you pass for a real Vancouverite. Step 1: Applications The application process is broadly similar to Toronto, but there are a few key differences: 1. It’s absolutely imperative that you wax poetic about how much better Vancouver is than Toronto in your cover letter. This is the first time you get to sell yourself to the recruiters, and you want to leave a positive impression. Vancouver firms use an algorithm that automatically screens out any cover letter that doesn’t mention southern resident orcas. 2. In your “Interests” section, you must include three or more of these activities to be taken seriously: Hiking, Bouldering, Yoga, Paddleboarding, Yoga-while-Pad-

dleboarding, Yogaboarding, Ultimate, Hacky-sack, Ultimate Hackey-Sack, Athleisure, Birkenstock sandals, and buying everything you own at MEC. You also better have your favourite bubble tea flavour and dim sum dish listed. Don’t be basic and list taro bubble tea or char siu bao, you’re better than that. Step 2: Preparing for OCIs You’ve gotten past the first hurdle and have secured OCIs with your top Vancouver firms. Congrats! They may just be the Vancouver office of Bay Street firms, but keep in mind that they’re different because they’re better because they’re in Vancouver. And no need to worry about scheduling because the CDO will make your schedule for you! On the downside, you can’t turn any of them down. Should’ve thought of that before you applied to every single firm. But, there’s no time to dwell on that: we need to talk about your outfit. Formalwear is a little different in Vancouver. For men, instead of a dark suit, white shirt, and a boring tie, I recommend a full mountaineering outfit. It really communicates to the recruiters that you are ready for the tough uphill climb of the law if you’re literally ready to scale a mountain. Plus, an oxygen tank will be super convenient for those pre- and postinterview panic attacks. One word of caution: make sure your ice axes match your shoes. Just because you’re outdoorsy doesn’t mean you can get away with an obvious fashion faux pas. For women, ditch that Hillary Clinton pantsuit, head over to Lululemon, and pick up a couple of those Wunder Under tights. Like attracts like, and you can bet your recruiter will be wearing the same thing. Only in black, navy, or dark grey though, you still

need to be office appropriate, duh. For your top half, just drape a yoga matt over your shoulders and wear it like a poncho. Step 3: OCIs An OCI is basically “17 Minutes in Heaven” with a recruiter. There’s no frenching but there is all of the awkwardness. The only advice here is that it is incredibly important that you know how to properly pronounce Vancouver. Native Vancouverites, feel free to skip ahead, but everyone else take note: Do not pronounce it “Van-COU-ver”. Do pronounce it “Vang-COU-ver”. To take home the gold, add a hint of the Kardashian whine when you stress the “-ang”. If the exact enunciation eludes you, avoid this pitfall and just call it “the ‘couve.” OCIs are like a conversation, so it’s important to have great conversation starters you can pull out if there are any awkward silences. Here are some examples: • The wildfires are clearly Alberta’s fault. • Your favourite whale pod ( J-pod, it’s definitely J-pod?). • Which Cactus Club location is your favourite. • That you can't believe Toronto only has ONE Earl's (but like, not that anyone actually likes Earl's). • If you’re totally stuck, just say “Surrey, am I right?” and shrug. Step 4: In-Firms You got a call on Call Day. Congrats! The good news is that scheduling literally does not matter because all the firms are in the same two buildings. Every. Single. Firm. It's actually a by-law. Now, unlike in Toronto, no one actually lives in downtown Vancouver. Downtown is

actually just one big movie set, and the apartments are only rented out by the hour as dressing rooms. This means that you're likely commuting. This also means that you're just as screwed as if you had been taking the TTC. Hot tip: Live in North Van (#northshorebestshore). Then you get to take the Seabus (a magical floating bus). This is faster because there is no traffic on the sea (science). If the Seabus breaks down, you have to swim to shore, but boy, what a story for your interviewers! And don’t worry about being wet because everyone will be sopping wet anyways: the sun hasn't been invented in Vancouver yet. It actually rains indoors sometimes. Good thing you were wearing your mountaineering gear! But do try to get a meal, ideally dinner. You will definitely be taken to a swanky seafood restaurant. Do not be afraid to order the seafood tower for two for yourself to show your dominance. One downside of Vancouver infirms? Get ready to shell out a clean $1000 for the plane ride. Bring earplugs because there will be two babies and your in-flight entertainment system will be down (and that’s assuming that you're bougie enough to fly with an airline with an in-flight entertainment system). Basically, get ready for five hours of pure hell. Conclusion Follow this guide and you're definitely, most certainly guaranteed a job in The Best City on Earth. You then proceed through the rest of the semester with a smugness that can only come from job security while the rest of your class doing the Toronto recruit develop crippling anxiety and rip each other to shreds Battle Royale-style. Good luck! Real Talk: Dear Toronto employers, I dropped out of the Vancouver recruit, so feel free to disregard this entire article and please

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October 31, 2018 | 27

A Helpful Guide to Legal Latin Terms For those of you without a classics background GABRIELLE MCLAUGHLIN (2L)

lex retro non agit - Lex is not aging well

nemo judex in sua causa - the judge in his case is a clownf ish

stare decisis - to stare decisively

animus possidendi - your pet is possessed

mos pro lege - legit moshing professional

jus sanguinis - juice for vampires

ex turpi causa non oritur actio - he was a twerp who never listened, so I broke up with him

non compos mentis - you canâ&#x20AC;&#x2122;t compost Mentos

res publica â&#x20AC;&#x201C; public toilet de minimis non curat lex - it is not cheap to f ix a Lexus audi alteram partem - on the other hand, we have parts for an Audi pro bono - for Paul Hewson

videlicet - incredibly tasty ex post - a letter from your ex ex parte - a party you have when you break up with someone ex ante - the ex-wife of your aunt or uncle ab extra - love-handles

28 | October 31, 2018

DIVERSIONS

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The Perfect OCI ROBBIE GRANT (2L) You’re ready. For the past t went y minutes, you’ve been hang ing upside down in the Toronto Reference L ibrar y str ik ing aer ial power poses. You have achieved peak conf idence level. You’re dressed impeccably. Your suit is made from tortoiseshel ls. Not only w il l you stand out, but when the inter v iewers ask you about it, you can seamlessly transit ion into an anecdote about your gapyear in the Ga lápagos. Inter v iewers love travel stor ies. You complete the outf it w ith elevator shoes. Bay Street loves elevators. The others students, your lowly compet it ion, are either read ing over their notes or mil ling around the buf fet table. The fools. Your notes are memor ized, and you wouldn’t be caught dead eat ing free food. You had cav iar before you came. Not only does cav iar get you in the zone, but the inter v iewers w il l be able to smel l suc-

cess on your breath. It's t ime for the inter v iew. K im Snel l from the CDO smiles at you as you str ide towards the booth. You g ive her a wel l-rehearsed hand sig na l, and she presses play on the boombox you prov ided for her. L evels by Av icii suddenly f il ls the ha l l. Just as you rehearsed, and per fect ly t imed to the music, you pul l back the curtain w ith your left arm, do a 360 on your way in, and extend both hands, crossed, and shake both inter v iewers’ hands at the same t ime. Boom. You sett le into your chair as K im frant ica l ly turns of f the boombox outside. She doesn’t k now why she ag reed to the boombox thing. You’ve done met iculous research on the inter v iewers; you k now al l their dreams and fears. Your pr ivate invest igator told you ever y thing about Brendan Dobson, a partner in the tax department.

He has a goldendood le named Joey, lives in St. James Tow n, and his w ife is hav ing an af fair w ith their next-door neighbour, P ierre. You don’t ant icipate need ing to use this litt le t idbit, but k nowledge is power. Never hurts to have an ace in the hole. You smirk at Brendan as you sit down. “L itt le lamb,” you think to yourself, “ how naïve you are.” The inter v iew goes exact ly as planned. You ef fort lessly weave a tapestr y of humblebrags and feig ned interest comments. The conversat ion moves smoothly from your stor ies about sailing to the intr icacies of Tax Law, to something you like to cal l “ deep chats,” in which you d isarm the inter v iewers w ith insightful quest ions about their persona l lives. “Does law f il l the void, Brendan?” “I k now the Law So ciet y accred its law yers, L indsay, but have you accred ited yourself ?” A fter seventeen glor ious minutes, you exchange tear ful goodbyes. They g ive you

a f irm-branded pen. You g ive Brendan a money clip w ith your persona l logo on it and a Pez-d ispenser modeled to look like you. To L indsay, you g ive a baby ratt le w ith an eng rav ing of the name “Magg ie.” She gasps and puts her hand to her bel ly. “How d id you k now?” she asks. You w ink. She swoons. A fter leav ing their booth, you take a t iny v ia l of your ow n ur ine from your pocket and spr ink le it on the g round. Wolves use ur ine to mark their terr itor y. “Humans are much like wolves,” you whisper to yourself. Inter v iew complete. W hen the f irm comes ca l ling, begg ing to of fer you an inter v iew, you k now just what you w il l say. Of course, you w il l reject them. Just like ever y other f irm. W hy? Because this is a l l just a game to you. A nd you love the game.