Ultra Vires Vol 1 Issue 1: 1999 September

8 September 1999

Law students launch newspaper BY

Loru STEIN

September 8, 1999- The first edition of Ultra Vires, the U ofT Faculty of Law student newspaper, is hot off the press. It will not only answer the question, "what's going on next week?" but also, "what went on last week?" and more importantly, "what do you think about it?"

Ultra Vires will foster a dialogue between students , the faculty and the greater legal community. So much goes on at the law school that 1t IS easy to feel overwhelmed and get lost in the shuffle.

The paper offers a forum for students to vocalize their concerns, absorb the opinions of their peers, and share ideas.

U of T law students form an exceptionally opinionated and articulate student body. With such diversity and creativity, there should be numerous publications vying for readership. Many firstyear students in 1998 were disappointed when they found that there was no student newspaper amid the dozens of clubs and committees that checker the law Kluger recalls, "Last year I sensed a gap, and having had experience startmg a publication before, I felt this was something I could take on. My role was to bring together a group of students interested in journalism, amazing people with different talents, and to unite those strengths into a whole, working together to fill that gap."

Kluger received positive feedback from both students and faculty members when she raised the idea of starting a

Flavelle BY

newspaper. Professor Denise Reaume has avidly encouraged the effort since last winter. When asked for her take on the launch of Ultra Vlfes, Prof. Reaume remarked, "It IS little short of shocking that in my almost twenty year experience at this institution there has not been a serious venue for the airing of student views.

This initiat1ve ought to improve enormously the quality of public debate around th1s law school on matters of importance to the ent1re law school community."

After approaching the Students' Law Society to get its approval and make budget inquiries, Kluger held the first open meeting to discuss the newspaper concept last March. An enthusiastic group assembled, and over the summer, Ultra Vires began to take shape.

Ultra Vires' inaugural year promises to be both challenging and rewardmg. as the editorial staff lays the ground-

The Ultra Vires staff. Left to right: Melissa Kluger, Linda Mclnychuk, Kathy Lipic, Adrian Wilbhcr, Brendan Van Nicjenhuis, Ilana Mantell and Eileen Costello. I ront: Andrew A~henhurst. Absent: Lori Stein, Ron Levy, Rebecca Wickens and Dcr1 Nevin.

r~novations

MARK CRow

Renovations are planned for Flavelle House over the next two years, and student space ranks high on the list of priorities. Students have been involved with both the Space Committee and architects in the design process. Major improvements will begin this fall.

The Rowell Room will become an "open-concept" student lounge. The entrance to the main hallway will open up, and the stairs leading down to the poolroom will once again become functional, connecting the Rowell lounge to the rest of the building. An airier atmosphere will be introduced with the re-insertion of windows currently bricked over and the addition of an outdoor patio.

The downstairs student area will be completely revamped, as the pool-

work for an enduring student paper.

Kashif Zaman, SLS president, surmised that, "one of the biggest challenges facing the dynamic group of people who have undertaKen to launch this paper will be to formulate an effective fund raising policy that will help the newspaper maintain its independence and also sustain itself as a financially viable venture. To that end, cooperation and understanding between student groups and committees will be extremely important, and SLS will be more than willing to play a supportive role."

UV is in its infancy, and welcomes any and all participation and suggestions.

With the support and involvement of the student body, the editorial staff hopes to realize its mission: " ...to increase student awareness of legal and social issues and to encourage our peers to contribute to the many communities of which we are each a part."

to increase student space

room becomes a cafeteria/ workspace and the locker rooms are rearranged to be safer and more inviting. Students have requested that the present cafeteria and games room be converted into office space for student groups. The new cafeteria will take over what is presently the kitchen, and a new food provider will be brought in.

The identity of the new food provider is undecided. lhor Kotowycz, a University of Toronto Property Management architect involved with the project, described the proposed changes: "The purpose will be to provide a new dynamic centre for the Faculty of Law. It will be a central meeting space- a new focal point for the Faculty."

The cafeteria and Rowell Room changes top the renovation agenda, probably due to the dearth of student space

left after Falconer Hall was remodeled in the summer of 1998. Students returned last September to find the common area and clinic space of the main floor ofFalconer converted into administrative offices. They protested the loss of space and the rushed manner in which the renovations took place, with little to no student consultation.

The administration responded, and student space improvements will be completed before other renovation plans, tentatively scheduled for next summer. In addition to student space improvements, tw.o lecture rooms will be added, and three smaller seminar rooms will line the windows looking onto Philosopher's Walk. The fourth floor of Flavelle, presently an attic, will house twelve new faculty offices. Some of the storage space in the library basement will also be used.

Year-long celebration of faculty's 50th • anmversary

BY C ATiiY B ATE

Law students and alumni will enjoy a series of events planned for the 1999-2000 academic year to commemorate the 50th anniversary of the modern University of Toronto Faculty of Law. Yesterday morning's pancake breakfast under the orientation tent opened the year-long celebration. Graduates from the classes of '50 to '54 flipped flap jacks for the class of 2002 -a unique and tasty welcome to law school.

Coming up in October, the "Reverse Moot" offers a twist on an old tradition. Distinguisned alumni from the bench Will act as "mooters" be1ore student \Udges \n the new 'teat, a \nbu\e. show a\ the l-1\a~m\\\an \hea\t~ \ea\ut~ alumm performances and the debut of a new video abOut the law faculty to be filmed m September. The evening Includes a pre-show reception at Flavelle House and a dmner at the Royal Ontano Museum followmg the entertainment.

The 50th Anntversary Committee, which includes alumni, students, and staff from the Faculty of Law, has scheduled historical displays, a commemorative magazine, special guest lecturers and luncheon speakers to appear throughout

1999-2000.

We are celebrating two landmark events that occurred in 1949. Cecil A. Wright resigned from Osgoode Hall Law School and was appointed Dean of the School of Law at the University of Toronto. Concurrently, the Law Society of Upper Canada formally recognized the value of legal education beyond the confines of Osgoode Hall, granting Univer¡ sity of Toronto students partial credit toward admission to the Ontario Bar. These changes marked the begmning of a new era of legal education at the University of Toronto. Fifty years later, the institution is reborn and continues to evolve. The members of the 50th Team look forward to marking this milestone year in our development with all students, faculty, alumni and friends.

Ultra Vires will cover all the important 50th anniversary events as they occur over the year. Students and alumni with interesting stories to tell about the faculty's history are encouraged to contact the committee.

Ultra Vires

2

Faculty welcomes new professors Schneiderman is constitutional expert, Flood rising star in health law This summer, legal scholars from across Canada migrated to U ofT to offer up fresh, new course selections featuring their fields of interest. UV reporters caught up with some of our new additions:

DAVID SCHNEIDERMAN m CA.ROL \VILTON Professor David Schneiderman returns to Toronto after a decade as Executive Director of the Centre for Constitutional Studies at the University of Alberta in' Edmonton. He is thrilled to join Toronto's Faculty of Law, where he estimated "some of the best work is being done in constitutional law. There's a critical mass of people here doing fantastic work."

Schneiderman looks forward to doing less administration and more teaching and research. He described his academic focus as shifting to "domestic constitutional rights and international instruments for the promotion of economic rights and human rights." He is particularly interested in the constitutional implications of the North American Free 'Trade Agreement and the model offered 'o'J \he Euto?ean \Jn\on.

His course, Advanced Constitutional Law, will explore ·social and economic rights in the context of the Charter. "These are rights that have generally been seen as less worthy," Schneiderman remarked, "but courts mcreasingly are being asked to rule on these kinds of controversial claims. How they rule in these matters tells us something about how courts conceive of citizenship, the role of the state, and Canada's relationship to the world around us." To best examme this topical subject, Schneiderman will adopt comparative and interdisciplinary approaches. "To come to grips with our world, we need all kinds of tools, and no one discipline can do it."

Schneiderman's work in the field of Canadian constitutional law has been diverse and prolifiC. In addition to authoring books on Quebec, the Charter, and police powers, Professor Schneiderman has founded and edited two periodicals on constitutional law.

COLLEEN FLOOD

BY B RE:-IDAN VAN NlEJE:-lliu1S

Colleen M. Flood JOins U ofT after teachmg for two years at Dalhousie University Law School in Halifax U ofT law

NEWS

is not new to her, however. She did both her Master's and Doctoral degrees here prior to her time at Dalhousie.

Professor Flood hails from New Zealand, where she grew up on a dairy farm. She earned her law degree there and practiced for over three years in a large corporate-commercial firm. Finding the practice of law less engaging than its academic study, Flood came to Canada to pursue graduate work and an academic career. This move constituted her "O.E." -the New Zealand abbreviation for "overseas experience." "Most New Zealanders, at some point in their fives, leave New Zealand for an extended period," she explained.

Flood's scholarly interests centre on health law and policy. "I'm interested in trying to improve the Canadian health care system ... trying to balance eqUity

with efficiency." Her doctoral thesis, "Comparing Models of Health Care Reform: Internal Markets and Managed Competition," will be published by Routledge, England later this year.

Flood will be teaching a seminar on Health Law and Policy, as well as courses in Administrative Law and Regulated Industries.

The Faculty has hired several other professors, including Abraham Drassinower who focuses on intellectual property law; Sujit Chaudhry, who teaches constitutional law, with an emphasis on federalism; Anthony Duggan, who will teach secured transactions and insolvency; and Trudeau Lemmens, whose speciality is law and ethics of research and genetics. More profiles will appear in future issues.

On April 1, 1999, the territory of Nunavut officially came into existence.

The idea to spend my summer here was rather impulsive, almost completely unplanned and, in retrospect, a little whimsical. Before coming to Nunavut, I knew little about the Arctic, and stereotypes aside, even less about the InUit. I arrived in lqaluit, the capital of Nunavut, in early June without a confirmed job and without a place to stay other than my tent. I remember the mildly daunting sensation of looking out of the plane when I landed in lqaiUJt and seeing caribou scampenng away from the runway and an alarming amount of snow still on the ground.

Luckily, my concerns were short lived. Within fifteen minutes of arriving I had my first offer of a place to stay, and 1t d1dn't take long to realize that work would not be difficult to find. One of the unfortunate realities of Nunavut is that, while the Inuit unemployment rate IS roughly 27%, the Qallunaaq (the Inuit word for wh1te people which literally means "bushy eyebrows and big stomachs") rate of unemployment is under four per cent. This discrepancy is due largely to an acute gap 1n skills, of which law 1s illustrative. There is currently one Inuit lawyer in Nunavut and he is the Premier

- Paul Okalik. 'This is especially ironic in a place that is so full of fascinating legal issues, and at the forefront of Canadian Aboriginal law.

A week after I arrived in lqaluit, I began work in the legal department of NunavutTunngavik Incorporated (N.T.I.), which is the organization that negotiated the Nunavut Land Claims Agreement on behalf of the Inuit. N.T.I. now serves to ensure that all levels of government adhere to their obligations under the agreement, as well as being the main representative body of the Inuit. Because of

"When you pass the Premier in the vegetable section of the grocery store, you get a stronger sense of accountability." the shortage of legal training, I was given more responsibility than I had expected, and likely, more responsibility than a summer student should have. I provided opinions on constitutional references and Federal Court of Appeal cases, and met with several of the central figures in the creation of the territory.

In the global indigenous movement, the creation of Nunavut is seen by many as a maJOr accomplishment. Delegations and messages have been sent from indigenous people from around the

Pro Bono Students Canada goes national

Schlifer Clinic • recetves fun~·-.........

BY KATHY L IPIC

Balancing equity and efficiency: Colleen

Flood.

Far from Bay Street, law student reports on frozen caribou and constitutional litigation GRAr-.1

3

Clinic to provide services for survivors of domestic violence

A sununer in Nunavut

BY A.."-:GUS

8 September 1999

world, who see m Nunavut the reahza. tion of a common goal. This goal is partly about Aboriginal self-determination, but is also about making the democratic process in remote areas more intimate, more accessible, and thus more representative.

And as I quickly discovered, when you pass the Prem1er in the vegetable section of the grocery store, you do get a stronger sense of accountability than when those who govern are thousands of kilometres away.

Legal issues aside, working in an Inuit organization was a wonderful experience. lnuktitut is the preferred language in the office, and instead of dress down Fndays (every day is casual), once a week traditional food is brought in for all staff.

It is from these moments that I brought back some of my best memories- sitting on the kitchen floor, laughing over frozen caribou, and sharing stories with people with whom I have more in common than I had ever expected.

Are you interested in working on Ultra Vires? Please come to an information meeting next Wednesday, September 15 at noon in a location to be announced. Everyone is welcome to attend. We are also looking for a photo editor to start immediately. Please contact Melissa Kluger (It) at ultra.vires@utoronto.ca .

With funding from the Mimstry of the Attorney General, the Barbra Schlifer Commemorative Clinic ("BSCC") has recently designed and implemented a discrete and specialized legal service for women victims of domestic violence.

The two year pilot project is aimed at assessing the feasibility and usefulness of a centralized and non-traditional legal service. This initiative is based on recommendations from the jury in the 1998 high profile inquest into the shooting deaths of Arlene May and Randy lies on March 8, 1996.

The centralized service provided by the BSCC is generally seen as an important first step towards expressing our soc1ety's "Zero Tolerance" of domestic violence and the goal of providing a "seamless" program across Ontario for victims of this crime.

The BSCC was seen as the ideal organization to deliver the new service because of the clinic's hfteen years of ~~:=.a;ax><Jper•ence n dealmg with Issues of violence against women, and the clinic's unique multidisciplinary service and expertise in three major areas: law, counseling, and cultural interpretation.

Under the new program the following additional services will be proVIded: increased services in family, criminal, civil, administrative and immigration law; development of in-house legal consultation in battered women's shelters; court advocacy in emergency family situations, for example, restraining, custody, access and ch1ld support orders; provision of seminars and training on domestic violence; professional consultation; and test case litigation.

Mary Lou Fassel, Director of Legal Services, anticipates that one of the biggest challenges facing the BSCC will be the high demand for legal services.

She also expects the increased need for comprehensive ass1stance dealing with violence and economic problems. The problems of 1mm1grant and refugee women and women of colour, as well as the need for expertise on the soc1al and cultural factors that affect their lives, must also be addressed by the new service.

The Clinic hopes to meet these needs by employing 1our additional sta" memb• rs, five to ten Jaw students from the University of Toronto, pro bono services by members of the practicing bar, and extensive consultation with advocates within immigrant women's communities.

The staff at the Barbara Schlifer Clinic.

Creative Approaches Students are invited to explore alternative ways of looking at the law and the various non-traditional tools available to make the law work at "Creative Approaches. A community legal education expo." This one-day workshop, funded by the Law Union of Ontario in cooperation with Community Legal Education Ontario (CL EO ) and volunteers from community legal clinics in 'Toronto, is to be held Friday September 24, 1999 from 9 a.m. to 4:30 p.m. at 519 Communi~ Centre, 519 Church S\ree\. \n\eresteo students mu10.\

contact Mary Simms, at (4 16) 4131813 by September 10, 1999, in order to pre-register. The cost of attending the event is $10 or paywhat-you-can.

Pro Bono ·S unnnit held at U ofT Bench and bar, schools and charities caD for greater pardcipation

BY JENNIFER KHURAI'OA

On Apri l 19 and 20, 1999, the University of Toronto Faculty of Law hosted the first Ontario Pro Bono Initiative Summit. 150 representatives from Ontario law schools, private firms,the Bench, the Law Society of Upper Canada, the Canadian Bar Association, the charitable sector and government came together to discuss ways of enhancing pro bono services in Ontario. Keynote speakers at the Summit included Mary Eberts, a partner w1th Eberts, Symes, Street & Corbett as well as Anne Golden, President of the United Way of Greater Toronto and author of "Taking Responsibility for Homelessness", a report submitted to the Mayor's Homelessness Action Task Force in January of 1999.

Much of the discussion at the Summit focussed on the issue of barriers to the delivery of pro bono services by the profession, and considered ways to facilitate the delivery of pro bono legal services by the profession. Sessions over the course of the Summit considered the need for pro bono, challenges to the delivery of pro bono services, and the role of the law schools 1n pro bono work.

A number of lawyers from U.S. organizations and firms shared the ir thoughts on ways to connect lawyers with groups seeking volunteer legal help.

While there are many lawyers dedicated to volunteerism in Canada, firms in this country lag behind their American counterparts in terms offormal recognition and mechanisms to facilitate lawyers' pro bono work.The Ontario Pro Bono lnitia-

tive will continue addressing this issue as part of its efforts to build ongoing support and infrastructure to more effectively facilitate pro bono services in the province.

Participants also identified initiatives that could substantially increase the delivery of pro bono services in Ontano.The ideas articulated include the development of a clear definition of "pro bono services", the creation of a mechanism for identifying pro bono needs, the development of a formal capacity to identify and evaluate global trends in the demand for pro bono serv1ces, and the setting up of pro bono programs within and across the profession. A follow-up Summit is planned for later this year.

CLUBS

&

Pro Bono Students Canada ("PBSC") is a network of law schools and community organizations which matches law students with public interest and nongovernmental organizations, legal clinics, lawyers doing pro bono work, tribunals and agencies. PBSC began at the University of Toronto Faculty of Law in 1996, and until April of this year consisted of the 6 Ontario law schools. Thanks to the generous support of the Kahanoff Foundation, the program has now expanded to a national level to include law schools outside Ontario. Over the summer PBSC had the pleasure of welcoming to the program new member law schools at the University of New Bru nswrck, the University of Calgary, the University of Alberta, the University of Manitoba and the University of Brit1sh Columbia.

Pro Bono students placed with organizations can do legal or policy research and writing, dratt bacl<.ground papers , pertmm public educa\ion c;,uch ac;, 'l-lti\ing 'otocnures ot oprese.l'\\mv, \NOt\<sno~ at ~ouca\\ol'\a\ ~e.m,l'\at'!.. a ""'-s.\. \I'\ \"N :a-....n or do any other work which makes use of their legal training.

In the past Pro Bono students have accompanied victims of domestic violence to court to assist them in understanding the legal process and to provide support, have worked on a research project on the history of btrth control in Canada, have presented an information session on basic rights, called "Raw Law", to street youth, and have worked with various non-governmental organizations to respond to the Canadian government's report to the U.N. Committee on Economic, Social and Cultural Rights. This summer close to 40 students in Toronto participated in Pro Bono placements.

New students are encouraged to visit the PBSC table at the Clubs Fair during Orientation week and stop by the PBSC office to find out about upcoming opportunities that will also be featured in Headnotes. A Pro Bono placement is a great way to add balance to your law school experience, and to gain practical skills. Most importantly, community organizations, public interest groups, agencies, and those genera lly in need of legal help benefit from volunteer assistance and from this enhanced commitment of the legal profession to pro bono public service.

CLINICS

I

Ultra Vires

4

A Call to Crayons

BY MELISSA Ku:GER

They tell you two things when you get to law school : 1) that you will probably marry the second person you meet and 2) that you are among some of the best minds at the best law school in Canada. While I am living proof that the first statement is false, I believe that there is some truth behind door number two.

But not without some problems.

Amazmg people have come from all over to bring their minds, their experiences and their desire for learning to our school. Yet. despite this richness, it sometimes feels as though imaginary lines have been drawn and we cannot bring ourselves to colour outside of them . We stay within the lines and get trapped. Personally, we get trapped in our circles of friends- embarrassed, we sometimes do not know the names of people we shared classes with each and every day. Physically, we get trapped at Bloor and Queen's Park. Between wine and cheese events, study groups and committee meetings it is easy to neglect the greater university and the city just out of sight. Academ1-

cally, we get trapped in our courses. If it's not on a syllabus, there seems little time or opportunity to engage in discussion about current legal issues. Socially, our careful colouring keeps us from facing some of the realities of our city and our world.

The usual translation of ultra vires is "beyond the powers". I think of this as a call to students to venture outside the lines. This is our goal. This newspaper is an invitation to students and faculty to contribute to a variety of new dialogues.

Our hope is that it will enable us to learn about classmates we may have never met; allow us to become more aware of both our university and our city; and encourage the d1scussion of issues that we do not find on our syllabus. And, it is my larger hope that this new forum will encourage us to see the greater power we have as individuals and as a community to contribute to our society.

Ultra Vires welcomes you. If you're not about to marry that second person, grab some crayons and jom us outside the lines.

Note to Readers Tne Ed1tors of Ultra Vtres are mterested 1n heanng from their readers.

All letters to the ed1tor must mclude the wnter's name and telephone number and must be s1gned. Ultra Vires will strive to print as many letters as possible each tssue. Letters may be edited where space requirements demand. Drop off letters at the Ultra Vires mailbox in the Communications Office in Falconer Hall, see the masthead for mailing information, or send e-mail to ultra.vires@utoronto.ca.

Letters Congratulations on the launch of Ultra Vires. I have no doubt that the paper will make a significant contribution to the quality of debate and deliberation within our intellectual community. As the Faculty celebrates its 50th anniversary, I am delighted to see that new traditions and initiatives are being established that will hopefully be celebrated at our 100th anniversary. All the best.

Ronald J. Daniels

Accountability and the Supreme Court

BY HARVEY GAR~{AN

ders whether the Star would be so chariwith hiS/her appointment. In addition, table to this virtually unprecedented r.enterm limits could remove good judges Pro\essor Jacob Ziege\ ot the Fac- tralization of power if a more socially conbefore their time. u\\~ o\ la'l'-l recen\\'j 'l'-lto\e a paper cntlAnother alternative is to force Suservati\Je Prime Minister were doing the cizing the method by which members of appointing. Beyond that, it is difficult to preme Court judges to run for election the Supreme Court of Canada are ap- reconcile a system of appointing people to their post. Professor Ziegel states that pointed. He argues that the current to a lifetime post with immense power this suggestion has been broadly rejected closed-door apporntment process, with over the day-to-day lives of the country's by the Canadian bar. But why shouldn't the Prime Mmister holding final and vir- citizenry with the principles that under- we require that Supreme Court judges tually absolute authority to make sec ap- lie a true democracy. Without more transnot only be confirmed by Parliament, but pointments, is incompatible with funda- parent and democratic procedures for apalso be reconfirmed by Parliament at mental prmciples of democracy, especially pointments one wonders if, over time, the specific intervals? Some wrll argue that in this post-Charter era. Ziegel argues for current legitimacy and respect enjoyed this would comprom1se judicial indepenthe creation of a nine-member nominat- by the Court will be eroded. People may dence. However, the current method of ing commission derived from a variety ot become more and more dissatisfied with non-accountability seems to me the far constituencies, that would be charged its decisions as it is perceived to grow greater evil. And (in theory at least), with creating a list of potential appoin- increasingly detached from the main- Parliament consists of members of socitees. Ziegel also argues for a Parliamen- stream views of ordinary Canadians. ety charged with brrnging their constitutary confirmation requirement whereby Beyond Professor Ziegel's arguents' views to Ottawa. So long as truly judicial nominees would have to answer ment there is an additional problem. No open votes were allowed (a problem in questions in an American-style forum and matter how democratic and transparent itself, I admit) mainstream Canadian then subject their candidacy to either a the nominating procedure is, once JUdges views would be embodied in the makeup vote by a committee of the House, or a are appointed, they are virtually unremov- of the Supreme Court. joint committee of the House and Sen- able until the age of seventy-five. This In general, I agree with Professor ate. However, Ziegel acknowledges the means that a judge who has obviously Ziegel. The current method for nominatstrong opposition to this idea and there- lost touch with societal views can con- ing the Supreme Court is incompatible fore expresses willingness to settle for the tinue to wield enormous power for years with a society that strives to be demonominating commission as the first step even if S/he would have been removed cratic. However, I don't believe Ziegel towards greater transparency in the sec from office long ago were there some kind goes far enough - he only looks at the of post-confirmation review. The problem nominating stage and in fact an equally appointment process.

The main critique of Ziegel's argu- is identifying a workable solution to this pressing problem exists post-nominaments, as the Toronto Star has said, is highly contentious issue. One suggestion tion. There clearly must be more attenthat "if the system isn't broke, why fix is to implement term limits for judges. tion paid to the appointment of such rt?" (Editorial, July 8, 1999). But what if While this proposal is probably better powerful officials. Professor Ziegel has the system is indeed broken and Canadi- than basing mandatory retirement on age, started a dialogue. Let's hope the politians have simply been lucky (or unlucky) it could be argued that it takes several cians can finish it. in the appointment of judges? One won- years before a judge is truly comfortable

EDITORIAL

ULTRA VIRES

Ultra Vires presen1s... e

is the student newspaper of the Faculty of Law at the Un1versity of Toronto. Our goal is to prov1de a forum in which students can exchange their 1deas. We hope to foster a sense of community within the Faculty of Law, the University as a whole, and the greater City of Toronto. It is our m1ssion to increase student awareness of legal and social issues and, in turn, to encourage our peers to contribute to the many communities of which we are a part.

EDITOR-IN-CHIEF Melissa Kluger BusiNESS MANAGER Rebecca Wickens NEWS EDITOR Lori Stein EDITORIAL PAGE EDITOR Brendan Van Niejenhuis OPINIONS AND LEGAL ISSUES EDITOR Ron Levy COMMENTARY EDITOR Lmda Melnychuk CLUBS & CLINICS EDITOR Kathy Lipic DIVERSIONS EDITORS Andrew Ashenhurst & Eileen Costello CoNTRIBUTING EDITORS IIana Mantell & Dera Nevin PRODUCTION & DESIGN Adrian Willsher ADVERTISING MANAGER Eileen Costello

Volume 1, Issue 1 8 September 1999 Ultra Vires IS an editorially autonomous news-

paper working in cooperation with the Faculty of Law's Students' Law Society (SLS).

Ultra Vires is open to contributions wh1ch reflect diverse points of view, and its contents do not necessarily reflect the views of the Faculty of Law, the SLS or the editorial board.

The editors welcome contributions from students, faculty and other interested persons, but reserve the right to edit submissions for length and content. lnquines, submisSions and letters to the editor should be directed to the Communications Centre m Falconer Hall, 84 Queen's Park Crescent, Toronto, Ontano, M5S 2C5, ore-mailed to ultra.wes@utoronto.ca.

Advertising inquiries should be made to Eileen Costello at e1leen.costello@utoronto.ca.

Ultra Vires IS published monthly. The next 1ssue Will be published on 5 October 1999.

Ultra Vires is printed by Weller Publishing in Toronto. Circulation: 2000.

Special thanks to Kashif Zaman, Professor Craig Scott and Professor Ed Morgan.

In order to contribute to the great future of this institutron, we should have a sense of its past. Here is a brief history of the places in which you will spend the next few years:

J.W. and the House that Pork Built In his day, Srr Joseph Wesley Flavelle was one of the wealthiest men in Canada, and during World War I, the most hated man m the country. Born in Peterborough in 1858, to strict Methodist parents, he was the personification of bootstraps caRitalism. Starting from modest ci rcum tances, he built a fortune in the pork and meat-packing industry. As his power and wealth grew he became involved in banking with National Trust and in retailing with Simpson's. During World War I he was named Director of the Imperial Munitions Board, which essentially made him the "czar" of the industrial aspect of Canada's war effort. A loyal British subject, he used his position to urge Canadian manufacturers to forgo financial gain for the sake of the British Emprre, famously declaring, "Send [your] profits to HELL where they belong". Unfortunately, he did not practice what he preached, as his own company recorded record profits selling bacon domestically and to the Canadian military. He was also dogged by rumors that his company sent rancid bacon to the boys on the front. A cartoon of the day pictured him as a stereotypical caprtalist - a fat man in a tuxedo surrounded by barrels of gold and named him "his Lardship" (Fiavelle was actually a very thin man).

Although the rancid bacon and profiteering charges were largely unjustified (although he did make a tidy sum during the war), his reputation was permanently sullied.

After the war, Flavelle spend most of his time getting rid of hrs money, as an active public figure and philanthroprst. He was one of the principal architects of the Toronto General Hospital. He served on the board of the University of Toronto, and worked hard to keep the school free of dangerous left-wingers (he was not a big supporter of academrc freedom). Nevertheless, he was generous with his money, and supported many causes - in the end he gave more to Toronto and Canada than he received. He was knighted in 1921, becoming the last resident of Canada to receive a hereditary title (as Mr. Black can tell you).

Holwood (as the Flavelle house was originally named) was completed in 1902. The Universrty of Toronto leased him the land. According to U ofT history professor Michael Bliss, the house

Welcome to U of T Law! Ultra Vires is a new publication put together for students by students, as a forum for the exchange of ideas. In that spirit, we have created this orientation supplement. Our hope is to arm you with more information than we had as first years and inoculate you against the excessrve rumor-mongering which you will undoubtedly encounter dunng your time here. First year may be like one long root canal without anaesthetic, but now you'll have something to read on your way to the bank as you withdraw your last nickel to pay for tuition.

Orientation Supplement Editors: 1\ndrew Ashenhutst & \lana Mantell Pmduction and Oes1gn: f..drian W1\lshet

cal interference and a constant shortage of funds.

One notable battle occurred between him and Ontario Premier Howard Ferguson in 1924.

Ferguson was outraged when he d1scovered that an economics professor had allowed a copy of The Communist Manifesto to fallmto the innocent hands of a nineteen year-old woman. He demanded that all copies of the book be burned and the professor responsible for the outrage fired . In response, Falconer pointed out that Socialism was an economic theory, and should be taught with all of the others. Eventually, the Premier backed off. Falconer's per\ormance i n this episode highlights h1s comm\\men\ \o academic \teedom, and \s ?etna?s n\s mas\ \ffi?Ot\a\'\\ \e~ac~.

After nostmg a w1de array ot act1v1ttes ana schools (including York University), Falconer Hall became the property of the law school in 1972.

The house has undergone numerous changes, and, as a result, lacks some of the interior beauty of Flavelle House. Perhaps the nicest room is the Solarium _ a wonderful place to have a class or get jiggy w1th it during the Halloween party.

represents Flavelle's intention to be a public person and an active participant in the community, which is why it was located in such a prominent locatron, instead of being hidden in Forest Hill. Not everyone appreciated the display of wealth that Holwood embodied and the house soon became known as "Porker's Palace". Although large, the house is not extravagant. The pillars at the front are not made of costly Italian marble, but are made of brick and covered with stucco.

The Bora Laskin Library All told, the house reportedly cost $75,000 (still a substantial sum in 1902). The basement was left largely unfinished, and sadly lacked a The Laskin library has not accumulated wine cellar (Fiavelle believed in temperance, apart from the odd glass much of a hrstory, because 1t was opened in 1993. of sherry). The largest extravagance was a pipe organ, the first of its The most notable things about it are the helpful kind to be installed in a private house in Toronto. In his will, he gave staff and comfortable chairs. If anything, the lithe house to the University of Toronto, and directed that it be used for brary is too nice- during exams it becomes flooded female staff and students, but this was ignored (although in an odd with students from other faculties who hope that twist of fate, last year's class was 60% female). The house was given some of the brilliance of law students will rub off over to the Faculty of Law in 1961. Although part of the first floor on them. has been restored (one of the few joys of first year rs eating lunch rn Far more notable is the man the library is the dining room), most of the house was gutted. The master bedroom named after (and whose head is a common meetis now occupied partly by the men's bathroom. Regardless of the ing place). Bora Laskin is the most distinguished makeover that Holwood has suffered, its elegance is one of the best graduate the law school has ever had. He came to things about the law school.

Toronto at the age of 1 7 (with his mom) in 1930 [Note: most of this artrcle has been distilled from "A Canadian Mil- and entered the University of Toronto. By 1937 he lionaire" by Michael Bliss.] had accumulated a B.A., an M.A., a L.L.B . from U ofT, a law degree from Osgoode Hall (since a U of T degree alone was not sufficient) and a L.l.M .

Wymilwood/Falconer Hall from Harvard. Desprte this, Laskin had trouble findFalconer Hall (known as Wymilwood until 1951) was built in ing work (probably due to the fact that he was 1903 to serve as the residence of Edward Rogers Wood. Like Flavelle, Jewish and Toronto's legal community was notonWood was a Peterborough boy who made good. Starting out as a ously anti-semitic). Laskin did some minor legal messenger boy, he moved steadrly up the corporate ladder, eventu- work untrl the U ofT law school came to its senses ally becoming President of the Dominron Securities Corporation. and hrred him in 1940. In 1945 he moved on to Wymilwood was named after Wood's two children, William and Osgoode Hall, but returned to U ofT rn 1949. In Mildred. In the same fashron as Holwood, the land for the house was 1965, Laskin was appointed to the Ontario Court leased from the University ofToronto. In 1925, Wood built a home rn of Appeal and in 1970, he was named to the Suthe country and presented Wymilwood to Victoria Unrversity to be preme Court of Canada. Three years later (!) he used as a women's union. When U ofT took over the hollse in 1951, was named Chief Justice. He has left an indelrble mark on both the law school and Canada's justice the university re-named it Falconer Hall after Srr Robert Falconer. system.

Sir Robert Falconer was President of the University from 1908 to 1932. During his term, he faced many challenges, such as politi-

o'sWho?

The Stltvey Upper year students dish the dirt about first year

A short guide to those people who run the school

future of this institution. 1 encourage you to stop by at any time to share your concerns, your ideas for improvement, and your life stories. Welcome to U ofT!

Ronald Daniels - Dean Welcome to the Faculty of Law. You come to the Faculty at a very exciting time in our life. First, we are fortunate to be celebrating our 50th anniversary this year, and, as you will see from ~our very first day, we plan to make our current students _t~e focal pomt for our vanous activities. While we are enormously proud of the traditions and values that _we have inherited from Deans Kennedy and Wright, we are anxious to ensure that thiS legacy is interpreted and re-interpreted in light of contemporary chall~nges and ex~ecta­ tions. In this respect, we regard you as critical collaborators m the enterpnse of mapping our institutional destiny. . . . second, as you will have no doubt not1ced, the Faculty 1s undergomg a very considerable expansion of its professorial ranks. Over the last few ye~rs, the Faculty has recruited 15 new faculty members. This infusion of new academic strength has allowed the law school to make dramatic enrichments to our curriculum - our new faculty can be found teaching courses in subjects including health law and ~oli~~· intellectual property, Abonginal law, private law, fa~ily law and so on. Most slgn l~l­ cantly, because the Faculty is now on the cusp of havmg the best faculty/stude_n_t rat1o of any law school on the continent, we are able to offer unp~r~lleled opportumt1es for small group learning and for supervised research and wntmg. I urge you to take advantage of these opportun1t1es. .

Third, while the Faculty enjoys considerable momentum, we are anx1ous to resist any temptation to rest on our laurels. This coming year, we will be wo_rking hard to mount a number of new initiatives that will further enhance your expenence a\ \'ne racu\\~ . Recent\~. 'or instance, we have received funding to create a multid.lsciplinary Centre for Innovation - a new program that will allow the Faculty to recruit three senior colleagues in the areas of intellectual property, law and technology, and electronic commerce, respectively. We are working on a number of initiatives to globalize our curriculum, to enhance the clinic experience, and to improve our graduate programme. We welcome your ideas on all of these initiatives. In short, we are delighted to be able to welcome you into a community that is, to paraphrase Sartre, very much in the process of becoming. We are pleased to be able to draw on your talents, energies, and experiences in this enterprise. Best of luck.

Bonnie Croll -Assistant Dean and Director of Admissions

Christine Burrell - Career Officer The Career Development Office ("COO") i~ staffed by two full-ti~e profe_sslonals who aim to assist students with career plannmg. Bonn1e Goldberg IS the D~rector of Career Development, and Christine Burnell is a Career Officer. Kathy Church will join the Office this fall while Bonnie is on maternity leave. Both Bonnie and Kathy ~re graduates of U of T law and are available to answer all of your career plannmg questions, review your resume, discuss interview strategies, and provide you with numerous career planning resources. The COO hosts a variety of information sessions throughout the year, on topics including alternatives to law, judicial clerksh1ps, and international practice opportunities. Please drop by the office, we would love to meet you and hear what else we can do for you. We are located in Falconer Hall room 201K.

Jennifer Clark - Assistant Dean, Alumni and Development Welcome to the Faculty of Law at U of T! As Assistant Dean, Alumni and Development 1 am responsible for programmes that maintain our graduates' ties with, and encourage their ongoing financial support of, the Law School. Many of these programmes, such as the Dean's Leadership Luncheon Senes and the Young Alumni Mentorship Programme, provide opportunities for you to interact with practicing lawyers, judges, business leaders, and alumn1 who h_ave chosen less traditional career paths. The Alumni and Development Off1ce prov1d~s_support to_ student leaders co-ordinating GRADitude (the graduating class fund ra1s1_ng campaign) and raises funds from alumni, law firms, and friends of the School ~~ . ~uppo~t ~f such Faculty prionties as student aid and upgrades to the teachmg fac1llt1es. I mv1te you now, and in the years to come, to take f~ll advantag~ of the programmes offered by my office. You are embarking on an expenence that w1ll have a profound effect on t_he rest of your life, and 1 hope that you will look back on your law sc~ool days w1th fondness pride and gratitude. Do not hesitate to drop by the Alumm and Development offi~e (Room 111, Falconer Hall) to say hello or to find out more about what we do and how you can get involved.

I am delighted to introduce myself to you as the Assistant Dean and Director of Admissions. In this capacity, I have reviewed each of your applications, and I am delighted that you have chosen to attend U ofT. I am a graduate of the class of '77, and practised at two large Bay Street law firms from 1979 to 1991, when I returned to the Faculty of Law. My area of specialization during those years was estate planning and administration, which is not nearly as boring as the name suggests. I have maintained my interests in this area by teaching estate planning, which is offered to upper year students in conjunction with a wills and succession course taught by Professor Ralph Scane. 1 am also generally responsible for a number of student programs, and consult frequently with your student representatives about different programs and activities, and issues around the law school. To this end, I would consider that my primary responsibility is ensuring that your experience here at U of T law is a positive one. 1 encourage you to stop by my office at any time, whether to say hello or to discuss a particular concern. (Room 211, Falconer Hall). I look forward to meeting you and to working with you over the next three years. Welcome!

Catherine Valcke - Associate Dean As the Associate Dean, my dut1es are numerous and varied. Form~lly, I am in charge of the first-year programme, the curriculum, and many other serv1ce~ ~o students and faculty members. Less formally, I have to take care of whatever 1t 1s. that the Dean does not have the time for. I too am a graduate of U ofT Law (class of 88).

1 also have a civil law degree from U of Sherbrooke, Quebec, (class of '85), an L. L. ~ · from U of Chicago (class of '89), and a doctora~e in law from Columbia Umver~~ (class of '97). My teachmg duties and research 1nterests center. on pnvate law g erally, contract law in particular, and include comp~rative and leg~l theory. The be~~ part of being Associate Dean is that it gives me d~rect contact With_ students on a .ff.1cu lt'es sorts of matters, ranging from very persona I d1 I to grand 1deas about the

Aladdin Mohaghegh - Financial Aid Officer As the law school's Financial Aid Officer, I will assist you in accessin~ the financial support necessary to meet your needs. Financial co~nsellin? also Wlll_be available to you on an individual basis (by app?intment): The a1m of th1s counselling will be to assist you in planning and managmg your fmances. I Will hold regular office hours in Falconer Hall, Room 106A, and welcome your comments. If you a~e unable to visit me in person, please do not hesitate to contact me by phone or e-ma1l, or to leave a message m my mailbox.

Kashif Zaman -President of Students' Law Society On behalf of the Students' Law Society (SLS), I welcome you to U ofT Law. Every law student is automatically a member of SLS, and its council members are elected from and by the student body. SLS facilitates and initiates various student activities and events. While I am sure that you will find the study of law intellectually challenging and extremely rewarding, there is much to be gained from getting involved in school life outside the lecture rooms. I urge you to participate and contribute to the numerous activities available. After all, the success of any school greatly depends on the enthusiasm and dedication of its student body.

This new year brings new challenges to the SLS council. One of its main goals is to create a student support network so that first-year students can call on upperyears whenever they need some advice. As you may already have noticed, our law school prides itself on 1ts highly diverse and accomplished student body. To maintain this rich diversity of student backgrounds and ideas, SLS will also strive to ensure that every member and group of the student body feels welcome and included in the law school community.

Have a great year!

During Orientation, you will be peppered with advice from all sides; the administration, fellow students and graduates will be more than eager to tell you how to mamtain a "B" average. We at Ultra Vires are fond of pepper. In that spirit we surveyed approximately 20 law students to get their reactions on the law school and first year in particular. The most tasty responses are reproduced below: 1. What do you like the most about U of T law?

"You will be surrounded by 170 of the smartest people you have ever encountered in your entire life and all will be reading and thinking about the same things that you are."

"The intellectual challenge of embracing the material while maintaining a cntical perspective. Law can be an all consuming subject. The challenge is to get inside of it without losing your skepticism."

"I think the size of it is good - It's not excessively large as is Osgoode .. .but it's also not too small. Bottom line- you get to meet a diverse bunch of people while still having a cozy, community-type atmosphere ... " "It feels like junior high school- everyone gets a locker, you have all your classes in the same building, there are three grades, the little kids look up to the big kids and all the teachers know your name."

"The architecture and the blue flowers in May." 2. What do you like the least (i.e. what needs to be improved?)

"Fees need to go down, financial aid up. Evaluation by 100% finals needs to be ditched, and we need more support from the career office."

"I think we put WAY too much pressure on ourselves and our classmates to find a summer job/articling position on Bay Street. Regardless of whether individually we value diversity in career options, or if we individually respect the choices made by peers pursuing 'alternative' career paths, the general class obsession that ensues in the second year hunt for jobs on Bay Street marginalizes non-Bay Street paths." o._.:=;;;:;;:;..~=-=="Despite all that rhetoric about having this and that debt relief program and th1s and that loan for us to accumulate, big tuition bills keep out people who can't afford to incur even more debt. I would also say that despite all that crap during onentation about "diverse" groups such as SLAM , UTOIL, Women and the Law, etc., U ofT is far from diverse, in many senses of the word" .

[Note: concerns about tuit1on and the lack of diversity were voiced by nearly half of our respondents.]

"The lack of autonomy first year students have: every aspect of the first year of law school is dictated - it was all a bad high school flashback."

"Informal discussion groups at the pub worked best for me. When you get arguing with your classmates about the material it really comes alive for you and sticks in your mind."

"Study groups are useful for trading summary's, but don't let them become annoying gab 51:!Ssions; and meeting with ten people to discuss school will stress you out more than anything else."

"Cramming is possible, and don't let those freaks tell you otherwise . Study grou ps are a good idea, but only if done in an informal way, and they are only necessary a few weeks before finals. They are very useful for exchanging course summa ries. I prefer 'effective' studying- that is, studying when it is absolutely critical."

"Cramming is definitely possible. Once you start to real ize what is or is not important, you can begin to pick and choose what you do or don't have to read . The key is to either make your own summary, or get a good one that has been recommended by other people who took the class with the same prof. " "Cramming is not possible. You have to know what each case means. That means knowing the facts, which jog the memory as to the hold ing and the legal issue. You won't memorize that many facts and link them to case names and principles unless you start early and read everything first... " One final pearl of wisdom (and in our opinion, the most prescient): "Make sure you keep a life outside of law school for balance; it's good to be reminded that large segments of the general population don't find legal jokes funny."

ST\ KEMAN, ELL\O'T'T CANADA'S

GLOBAL

LAW

FIRM

Providing opportunities for students and lawyers throughout Canada and around the world.

3. If you could do first year all over again, what would you do differently?

"I think I would try to go into classes with more of an open mind - I think I determined too early on that I was not tremendously fascinated by what I was learning, so I never really got into the whole law school curriculum."

"I would be less apprehensive about speaking my mind in class. Rumor has it that in first year they scare you to death, in second year they work you to death and in third year they bore you to death. If I could do first year over again, I would try to shake the little tail of terror that kept on brushing the inside of my skull!"

"I would have gotten involved in extra-curricular activities faster. The workload at law school can be relatively heavy, but you still have lots of time to do other things.

It IS also dependent on your priorities. Not all of us are at law school to get on the Dean's list. I learned that experiencing other aspects of what the law school has to offer was equally important to me as classes and exams were."

"I would do my readings more often. Then again, scratch that. I am happy that I got out what I put in, managed to have a life and still do alright or at least average."

4. Are study groups a good idea? How do you study for exams? Is cramming possible?

[Despite the amount of hype they receive, study groups were not the preferred method of study for our respondents. Perhaps one or two felt that it was the best way to study. Generally, the advice was, "do whatever worked for you in the past." People also expressed guarded approval for cramming.]

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"Study groups are not a good idea, but study partners are. Study groups quickly dissolve or fracture. The minimal help you get from three or four peers is far outweighed by the emotional B.S. of dealing with them on a 'business' level. Hook up with one other person, maybe two, not to formally divide up the work or anything, but to talk about the issues and the law."

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Queen's Park (Mike's House)- this is notable because the stones UTS - University of Toronto Schools - a good portion of your were quarried in Caledon, from the side of the Niagara escarp- classmates and future colleagues will have gone to high school ment and because the land is actually owned by U ofT, but in a here. very dumb move, they have leased it to the government for 999 DLS - Downtown Legal Services Clinic - 91 St. George. years.

Administration Office- 720 Spadina #418.

It would have been much wiser to extort more money from the ADV - After Dark Video - If you can stomach the $25 membergovernment each passing year. ship fee, a world of B-movies, cult classics and Meet the Feebles awaits.

Movie Theatres: TC - Travel Cuts- SW corner College/Henry. Buy your post-exam Ml - Carlton Cinema M2- Varsity vacation plane tickeVrail pass here and you'll feel much better M3 - Bloor Cinema M4 - Uptown (and of course student rates are usually cheaper because we don't MS - Plaza mind flying in cargo holds).

Smiley Face - Happy neighborhood, has: video store, outdoor Heart - Gay Village. cafes, sushi, Mexican, etc.

519- Gay Community Centre.

TP - Tom's Place- Super nice suits and fancy ladies wear at low, G- Greg's Ice Cream- the BEST in our fair city. low prices. Go here before interviews and haggle with Tom. HE - Honest Ed's- cheap and shoddy, but nevertheless useful KM - Kensington Market - the best place to buy veggies, fruit merchandise can be found here (for all those little things - like and cheese, especially during winter, cheap clothes too! tongs- that you forgot to buy).

Anshe Mink Synagogue (i.e. -"people of Minsk")- great parties

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on Jewish holidays, especially Purim.

Bloor St. W. - a home to many things- Hungarian food (try the Transylvanian Meat Platter at Korona's), Futon stores, sophomoric beer halls, Future Bakery (a popular study place), 24 hour Kinko's, the Green Room (cheap, tasty food, un-law school-ish atmosphere).

ROM- there's like a museum here and stuff, but I've never seen it. More importantly, the basement has a Druxy's.

The Matador - it used to be a bowling alley, now it's a bizarre Country Western dance hall, where if you ask the right person, you can drink cheap Scotch all night (and then experience the worst hangover of your life). Leonard Cohen and k.d. lang fi lmed music videos here. Best reserved for after-exam benders.

Koffler Student Centre - home of the U of T book store, the offcampus housing service, the medical centre (they give great Hep B shots here!), and an employment directory.

Ned's (a.k.a. the Law School Dining Hall) - good cafeteria here, and a good spot to watch your favourite law professor cramming tuna salad down his or her throat.

Krishna Copy - At 180 Bloor St. West. The closest (but not the cheapest) copy center to the law school.

Green Mango - very good Thai food, for a decent price. An excellent lunch spot.

AC - Athletic Centre - check out their classes.

Yorkville- things you can only afford on a Bay Street salary.

Varsity Arena -Intramural hockey, Club Monaco Warehouse sales and the occasional Beck concert. · MFMN- Monsieur Fel ix and Mr. Norton- cookies/study aids.

The Yonge Street Strip - Once home to strip clubs, head shops, "used" electronics stores and the best place to find T-shirts banned by your high school, this street is now the subject of mayor Mel's "beautification" project (read: "expensification" project).

College Street (west of Spadina) - home of urban {i.e. cheap, hip) cafes, restaurants and diners, including "The Free Times Cafe", Toronto's longest running folk music club, and Bella's Bistro, the best Jewish brunch in T.O. (Sunday mornings: Klezmer music!).

AGO- the Art Gallery of Ontario- People paint pictures and then hang them up on the walls.

Clubs and Social Events SOCIAL EVENTS & COMMITTEES

PUBLICATIONS

Alumni Committee

Ultra Vires

This committee arranges to get pledges from members of the graduating class to pu~c.hase a "class gift" for the enjoyment of future law students. They are also your off1C1al contacts after graduation.

Chairperson : TBA

Widely held to be the most intelligent and irreverent publication at the law school today. A "must read" for all the power-brokers in Ottawa and Bay Street. We hear that people in Nunavut like it too. We need writers (political and legal commentary, arts & entertainment, law school life, etc.), editors, layout staff and general assistance.

Editor-in-Chief: Melissa Kluger (II)

The Law Ball Want to watch staff and students get tanked and try to rock the Casbah? No, neither do we. But you should come to the law ball anyway, if only to convince your loved one that you aren't sleeping with any of your classmates. Law school tradition stipula~es that all attendees throw dinner rolls at the Dean (please, bring a date with good a1m).

Chairperson: Tamara Hrivnak (II)

Headnotes A list of activities, events and news published by the law school administration, Headnotes comes out every Monday·morning and is an excellent way to keep up with law school life (and avoid having to pay attention in mid-Monday classes). If you would like to publish an event of notice in Headnotes, it must be submitted by 11 a.m. on Friday.

Law Games

The Hearsay Your opportunity to display athletic prowess and compete against law schools from across the country in events such as volleyball, football and pub-crawling.

Chairperson: TBA

Law Follies

In ?"e.of the most memorable evenings of the year, students and faculty display their hidden talents by performing in skits that reflect their honest Impressions of legal life. Your impersonation of your small-group professor deserves an audience wider than your mom and those who sit next to you in class.

Chairperson: Judy Michaely (Ill)

Pubs Committee & Social Committee 1he'i organize dances, booz.e-ups and other opportunrties to hang out with fellow students. · Chairpersons: Cory Exner (II) and Karla O'Regan (II) The Supreme Cork There are th.ose who claim to have acquired a vast knowledge of international wines through the1r participation in U ofT Law's wine tasting society. We'll bet that after th.e first half-hour or so, neophyte wine-tasters will be amazed at how fascinating, Witty and attractive their classmates have suddenly become. And that alone is worth the tasting fee.

Chairperson: TBA

ATHLETICS Co-ed lntramurals Talen~ is n~t required! Don't worry if you have never played the sport before, or even 1f you ve never heard of it. Volleyball, Basketball, lnnertube Water Polo and other sports, plus various tournaments throughout the year.

Chairperson: Kathryn Bromley (II)

Men's lntramurals Competitive level featuring football, soccer, rugby and hockey. There is also a less competitive recreational level. All are welcome.

Chairperson : TBA

The Hearsay could be your only opportunity over the next three years to inject some humour rnto your_writing without "Irrelevant" and "Stick to the issues" being scrawled across your paper, so submit your funny stuff to them. Unlike the military, neither blood tests nor intrusive physical exams are required.

Chairperson: ian Cooper (II)

Th~. Law Review IS a professional scholarly journal that publishes outstanding legal wnt1~g produced b~ l~w students and articling students from across the country. It

wntten and admm1stered entirely by law students . Positions on the Law Rev1ew are open to all law school students.

Editors-in-Chief: Jonathan Cohen (Ill) and Susan Kushneryk (Ill)

IS

Yearbook What if you get struck on the head by a vengeful ex-client and can't remember how much fun you had at law school? Wouldn't that be tragic? Don't take any chances.

Buy a yearbook. Better yet, help them by workrng as a photographer, administrator or layout designer.

Chairperson: Gary Quedado (II)

Amnesty Internat ional Spend your time writing letters and making dictators squirm.

Business Law Club They offer seminars and the occasional free lunch (if there is such a thing).

Le Cercle Francais You don't have to speak French, but it wouldn't hurt. They sponsor fi lms, discussion groups, speakers and the promotion of Francophone culture .

Criminal Law Student's Society The mandate of this group is to increase contact between students and crimrnal lawyers. Help them plan events and discussions.

At the Law School's 341h annual Conference on Law and Contemporary Affairs, you Will be exposed to a day of panel discussions and guest lectures concerning the role law plays in the world around us.

U of T Golf Club Entertainment and Sports Law Workshop

!n rec~nt years, the ESL workshop has presented an impressive array of speakers rncludrng the Cowboy Junkies, Bill Watters of the Maple Leafs and Gord Ash of the Blue Jays.

This committee works with the Career Development Officer to help students find employment.

Canadian Bar Association

This association is concerned with improving the recognition of Native rights in North America. They initiated "Kawaskimhon," the first Aboriginal Rights moot in Canada, and initiated a poverty law clinic at Council Fire, a Native-run drop-in centre for the homeless. This group aims to build links between Native students, Native organizations and the legal community.

This organization sticks up for lawyers. It also provides workshops, seminars and information on new laws. The price of Continuing Legal Education seminars has been reduced for students. Talk to Eileen Costello (II).

Legal Education Committee

Phi Delta Phi Phi Delta Phi is one of the world's oldest legal fraternities. Established in 1869, 1ts members include some really important people. They organize firm tours aod resume workshops.

They educate non-lawyers about their legal rights. This includes visits to ~igh schools and workshops for street kids, in an effort to make the law more access1ble to everyone.

MOOTING

S.L.A.M. (Students of Law for the Advancement of Minorities) S.L.A.M. is concerned with the treatment and inclusion of minorities at both the student and faculty levels of the law and in any area of society where minorities are affected by the law. They organize conferences and have assisted the law school in becoming a more diverse place.

Speakers Committee They bring in people to talk to us.

This group is for people who are interested in legal issues surrounding homosexuality, HIV/AIDS, social justice and making the law school a better place for everyone.

PRO BONO STUDENTS CANADA Now in 1ts th1rd year, PBSC is a voluntary co-operative program that enables students to gain exposure to pro bono public service work during the academic year.

1..~~~- Student volu nteers are placed with participating public agencies, clinics, organizations, coalitions, think tanks, and service providers in law, health and social family support. Students are free to volunteer at any time during the semester, for a minimum of three hours per weeks.

LEGAL CLINICS Advocates for Injured Workers

DISCUSSION GROUPS AND WORKSHOPS

Articling and Employment Committee

Native Law Student's Association

Law Review

Conference on Law and Contemporary Affairs

Use collective bargaining power to get discounts on golf lessons, equipment and ball buckets at drivrng ranges. Look for the golf tournament in the spring. All students, professors and .staff are welcome to join, regardless of skill level.

LEGAL PROFESSION COMMITTEES

The purpose of the society is to pron:ote better understandi~g and ~ec~gni.tion of the princ1ples and operation of international law and 1ts constltuent.lnStlt~tlons. The ILS seeks to accomplish this through firm-sponsored luncheons, d1scuss1ons, speakers, conferences and special events.

UTOIL (U of T Out-in-Law)

Women's lntramurals All levels are welcome to play touch football, soccer, ice hockey, field hockey, basketball, volleyball and ifthere is enough interest, sumo wrestling.

Chairperson: TBA

International Law Society

The Moot Court Program The program provides all law students with an opportunity to acquire ~nd hone the skill of appellate advocacy. Of particular interest to first year students IS the voluntary moot held in the spring. Want to know what a "moot" is? Go to the "Grand Moot" in the fall.

Trial Advocacy In October, first year students get the opportunity to dazzle friends and foes alike w1th their brilliant cross-exammation skills. Help defend the likes of O.J. Sampson and Jack the Snipper from money-grubbing plaintiffs, then enjoy a firm-sponsored soiree. This is a great experience- all first years should participate!

Client Counselling Competition This competition simulates a law office consultation in which law students, acting as attorne'is. are presented with a client matter.

OSLER,

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HARCOURT

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AIW represents injured workers m therr dealings with the Workers Compensation Board. Students' responsibilities include file management, advocacy work, and appeals, up to and including the Workers Compensation Appeals Tribunal.

Canada's premier law firms, consider

Centre for Spanish Speaking Peoples

Students are given the opportunity to see

The CSSP is a small, social justice onented, community-based legal clinic specialIZing in the areas of refugee and immigration law, employment standards, welfare and small cla1ms matters for Toronto's Spanish-speaking residents. Knowledge of Spanish is not required. Contact Alison Engel (II) or Marcus Shantz (II).

Osler, Hoskin & Harcourt:

our firm in action, to work with some of the best lawyers in tl~eir respective fields and to experience many different practice areas.

Downtown Legal Services DLS is a full service legal aid clinic which provides free legal assistance to low income residents of the downtown core and to full-time students at U ofT. Areas of practice include criminal, tenant housing, income maintenance, human rights, small claims and academic appeals. DLS has three satellite clinics. One deals with the legal needs of gays, lesbians, bisexuals and people with HIV/AIDS. Another deals with the legal needs of the First Nations community, and the third prov1des legal ass1stance to sex-trade workers between the ages of 16 and 24.

Enterprise Legal Services

For information about our student programs and our firm, we invite you to visit our Web site and/or to contact members of our Students Committee: Nancy Golubov1ch, Toronto Student Programs

Diane Cornish, Ottawa Student Programs

ELS is the Faculty of Law's legal clinic for small businesses. Student volunteers ass1st low income entrepreneurs with incorporations, partnership agreements and many kinds of commerc1al contracts. The clinic is a great way to gain an introduction to the issues associated with setting up a new business.

Barbara Schlifer Clinic The clinic provides free legal counselling and cultural Interpretation services for women survivors of violence. The legal department assists clients in the areas of family, criminal and administrative law.

(416) 862-6527 (613) 787-1079

Richard Peters, Calgary Student Programs

(403) 260-7026

www.osler. com TORONTO •

OTTAWA •

CALGARY • NEW YORK

I

5

8 September 1999

Orientation Schedule

Shape views .on child pornography How should the courts conii:ont the issue?

Tuesday, September 7th

Friday, September 1O•"

Onem:uion Regi-.tration and 50 b Annl\er~nry Pancake Brcakfa,t- Sponsored hy: Tor:. Tor). Dc,Laurit•r, & Binnington.

8:()() •

~lorninA-

9:30- UpJX•r Y~ar Panel- "Get off your caho<hC, and participate!" A panel of up~r

Clao;s!

) car '>tudcnt,, selected for their imof,~ment around the school. will offer suggestions on ho\\ ~ou should run your law school life.

1:00- Pro Bono Lunch <;ponsored hy: Cassels. Brock & Blackwell - Rubm "Hurricane'' Carter will descnhc how the dcd1cation of lawyers workmg pro bono freed him from 19 years of"' rongful imprisonment.

1:00- Lund1 and Dean·-; Welcome- Sponsored hy: McMillan Binch.

2:30- Club Fair!

2:()() •

Campu' Tour' - A chance to find out \\.here the Athletic Centre 1s.

5:00- The Dean's Barbcquc- Have a beer and a burger and fall asleep on the lovely law school grass.

EHning- ''\11ght on the Town''- get to know 15 to 20 of your classmates while you learn ho\\ to cause trouble in Toronto.

Tuesday, September 14t11

Wednesday, September 8 th

7:05- Baseball game, Jays vs. Yankees- Sponsored by: Blake. Cassels & Graydon.

Morning- Class!

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Projoet F"ononeo & Secuntlllhon

6:30- ~ocktail Part) -Sponsored by Stikcman. Elliot- Following the panel d•scu''•on you arc im11cd outside to enJoy hors d'ocuvres and informal con\er,ation.

8:00- Ca5oino ll.,•ght- Double down, bet the farm and walk away with great pntc'i.

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th over I I 0 lawyers conduc11ng a national and inrema10onal pracuce from our o/Toces in :oronto, we are consiStently at the hean of the largest and most complex commercial and financial rr.ansacuons in Canada.

Our panners are recognized as among the best on Canada m rhe1r fields of expemsc. More than three-quarters of our lawyers are panners of the firm, carefully chosen and commuted co the h1ghes1 standards of quahty and chem serviee. We arc commoned to a philosophy of pannershop that is unique among maJOr Canadoan law firms, and that IIO"Crns our worlung rclauonshops woth each other and wuh our chenu.

Our cloents mclude indusrnal, commercoal and financoal emerpnses - domestic and foreign, pubhc and pnvare -r.angmg m size and complexity of oper.aoons from small businesses 10 diverse mutunauonal corpor.ations.

We focus our practice on toter-related foelds of expeno:se in which we have the depth of expenence and expenose 10 be a market leadeL

ror more mformanon contact: mnccs Mahol, Director, Student A/Tau~ Tel: (416) l67-6966 Fax: (416) 86J.C871 Emaol: fmahol@dwb.com

•~nol'ils

Suue 4400 I First Canadoan Place Toronto, Ontano Canada M5X 181 Tel: (416) 863-0900 nx: (416) 863-0871 Internet: www.dwb.com

Rubin ''Hurricane" Carter: This year's Pro Bono speaker .

. Rubin "Hurricane" Carter spent almost 20 years pnson for a cnme he did not commit, before being freed on a wnt of habeas corpus. Mr. Carter has thus become a living symbol for the necessity of preserving the "Great Writ."

Mr. Carter, who was immortalized in the Bob Dylan song "Hurricane," became a civil rights cause celebre in the mid-1970s. A number one middleweight boxing contender, about to fight for the world championship, he and a teenager named John Artis were arrested in 1966 for the murder of three white people in a New Jersey bar. At tnal the following year, the prosecution sought the death penalty. They were convicted and each sentenced to three consectutive terms of life imprisonment.

In 1974, upon the publication of Carter's autobiography, The 16th Round, and the recantation of the state's two key witnesses (who admitted that their testimonies had been the product of coercion and promISes of favourable treatment), the Carter-Artis case attracted international attent1on. In 1976, the New Jersey Supreme Court unammously overturned the convic1n

tions because the state witnesses had committed perjury and favourable ev1dence had been withheld from the defence.

A new tnal ensued. The state's principal witness, after telling numerous different versions of the events m question (none of which implicated Carter and Artis as the gunmen), recanted his recantation, and the injustice was repeated. Carter and Artis were convicted because the prosecution claimed that its principal witness had passed a polygraph test showing his trial version of events to be true when he had actually failed it.

Moreover, while no motive for the murders was offered at the first trial, at the retrial the state was allowed to claim -- w1th no foundation m evidence other than the fact that Mr. Carter and Mr. Art1s were black-- that the mot1ve was "racial revenge".

Carter languished in prison until 1985 when workmg closely with Professor Leon Friedman and Myro~ Beldock (New York attorneys who donated their services for over a decade), he finally had the opportunity to present his cla1ms to a federal court. The district court ruled that Carter's conviction had been based on

"racism rather than reason, and concealment, rather than disclosure" and that his imprisonment had been "a travesty". A writ of habeas corpus was granted.

Carter was freed on November 8, 1985, after serving more than 19 years for a crime he did not commit. The district court's ruling was upheld in the Third Circuit Court of Appeals and allowed to stand by the United States Supreme Court. In February 1988, the 22-year-old indictment against Carter was dismissed, on the prosecution's own motion.

Mr. Carter now makes his home in Toronto. An articulate and charismatic speaker, he lectures frequently at bar associations, universities, high schools and libraries in the United States and Canada, on such diverse 1ssues as literacy and education, wrongful convictions and the death penalty. Mr. Carter has lectured at several American law schools on the future of habeas corpus. His story has been the subject of a Canadian bestseller, Lazarus and the Hurricane, featured in Sports Illustrated and in recent programs on NBC and CTV. A movie about his life will be out later this year, starring Denzel Washington as Carter.

In January 1999, John Robin Sharpe went before a B.C. court to fight charges of child pornography, including two counts of possession of child porn.

He represented himself. The court held that the prohibition against possession was an unjustifiable breach of freedom

of expression. The Crown appealed the decision; in June, the B.C. Court of Appeal handed down its 2-1 opinion upholding Sharpe's acquittal on the possession charges. The Crown is appealing to the Supreme Court of Canada.

- Matthew Sullivan

A decision that failed Canadians

BY MA'ITHEW SULLIVAN

At the heart of the Sharpe decision lies an 18-year-old boy who has taken Polaroids of his 17-year-old girlfriend's tits. For saving these pictures, he is guilty of possession of child pornography. So is the quiet introvert who, retreating to his apartment every night, encloses in his diaries the fantasies which occupy him during the day. If these fantasies are about children, what business is it of ours? He too would be guilty of child pornography. Imagine a narcissistic youth photographing herself in a mirror in "inappropriate" poses. Keeping those pictures in her shoebox, she too would be charged and convicted.

These three individuals were never brought before the courts of B.C. in person. However, the very possibility of their

existence was sufficient for the Court to declare s. 163.1 unconstitutional. The absurdity of their prosecution in a country dedicated to the values of freedom of expression, privacy and individual selffulfillment rendered the provision overbroad.

The kicker in this case is that the valid objective behinds. 163.1 is to prosecute offenders precisely like John Robin Sharpe. The youthful narcissist was not on trial and may not even exist. But Sharpe certainly does- open shirt, flared collar and all- standmg before the court with his copy of Sam Paloc's Flogging, Fun and Fortitude: A Collection of K1ddikink Classics.

As far as the Charter is concerned, the Court of Appeal's result in Sharpe is nearly inevitable; the legislation is shoddily drafted and plainly overbroad. But

The Unbearable Lightness of Shape Child Pom L aws as Kitsch

BY B RENDAN vAN NIE]ENHUlS

The B.C. Court of Appeal's judgment in Sharpe spawned a lot of controversy this summer. On the one side were c1v11 liberties activists and other freespeech supporters who agreed with the majority that the law is overbroad and must be struck down. On the other were those who felt that preventing the production of child pornography is worth the infringement of Charter rights, or whoresent the Charter altogether. Although I tend to see Sharpe as a positive development, I believe there are better reasons to agree with the Court's conclusion than the easily manipulable section 1 arguments usually proffered.

The real victory in Sharpe is not for freedom of expression as a legal concept, but for the right to communicate without being trapped in a discourse of kitsch. Milan Kundera, in his novel "The Unbearable Lightness of Being", offers a brilliant definition of kitsch. Kitsch, as opposed to art, is the portrayal of a world without shit. Citing the Gnostic master

Valentinus -- who was so d1smayed by huma n waste that he authored the stunning theological premise that Jesus Christ ate and drank, but did not defecate -- as his paradigm, Kundera moves on to consider how hard Western culture strives to avoid admitting that it defecates. We sit on white porcelain toilets in locked rooms, he notices, blissfully unaware that underlying our boudoirs, our markets, our Parliament houses, streams an invisible Vemce of shit.

I cite Kundera at length only as an analogy. Public law strives to embody the ideals and moral convictions of its community. When the community is willing to d1sgu1se tts perceived unsavory aspects, however, it creates kitsch. Therefore we have white porcelain toilets, engineered to appear sanitary and clean, in precise opposition to our true beliefs as to their nature and contents. And therefore we have a child pornography law that not only criminalizes what we truly feel can harm us-- true child pornography-but that which makes us uncomfortable.

The prov1sion, of course, prohibits

OPINIONS

in spite of its correct result, the court's decision failed in one very important respect. It refused to acknowledge that, in fulfilling the requirements of one kind of justice - abstract justice, governing the rightness of the rules for everyone- they denied the public another kind - that of seeing Sharpe tried for his actions.

How many non-lawyers understand the full significance of the Charter's guarantees, let alone a concept like overbreadth? From such a perspective, what does justice-in-the-abstract mean when children are at risk? If anything will bring the administration of justice into disrepute, it is the Court's refusal to speak to the indignation of many Canadians over the fact that Sharpe walked away free. It may be easy to dismiss this perspective as legally unsophisticated. And so it probably is. At the same time, such common sense justice binds us together as a lawabiding community. A working knowledge of Charter litigation is far from universal.

A sense of fairness is.

The public reaction occasioned by the Sharpe decision betrays that this sense of fairness was offended. Madam Justice Southin, however, had no time for this "outrage," "inferring" that the critics know "nothing whatever of the text of s. 163.1." Madam Justice Rowles was no better. She failed even to acknowledge the controversy, launching straight into a

strict legal analysis of overbreadth. .The evil in th1s is that the wider license under the Charter to strike down legislation has changed the judges' role into a semi-political one. Incumbent on this political power is a responsibility to the public. Their power over our political system at least obligates judges to acknowledge our concerns, regardless of whether they may be satisfied in a legal forum. To his credit, Chief Justice McEachern at the Court of Appeal made every effort in his dissent to make his language and reasons accessible for a wide audience. He realised that he wasn't writing only jurisprudence for lawyers, but an explanation for everyone. He understood that people were surprised by the decision at trial - they wanted answers to make sure that the law was still working to uphold their values.

What is truly unjust is not that Sharpe went free- which, in a constitutional country dedicated to the rule of law, is inevitable. Rather, the inJustice stems from the majority judges' failure to make their reasons accessible or responsible to the public. As judges, lawyers, and law students, we must not consider the media and the public as mere eavesdroppers to our jurisprudential debate. They are the reason we are here. If we ignore them, we forget ourselves.

the portrayal, in a sexual context, of any person under the age of eighteen years, or appearing to be under the age of eighteen years. What is it about this magic age of eighteen that caused a perhaps hurried late-term Parliament to ban the portrayal of sexuality of those beneath it?

In my view, society and the relatively conservative members of it who make laws have painful memories of their own adolescent sexuality that must be suppressed. Members of Parliament, with their own teenage sons and daughters, reflect a general discomfort with the idea of adolescent sexuality. Uncomfortable memones of clandestine encounters in the '57 Chevy, or uncomfortable thoughts of one's own child exploring their sexuality, underlie an unspoken distaste.

The irony, of course, is that adolescent sexuality is something that not only exists, but is an important part of growing up and becoming human, which the distaste it inspires should help to prove. It is an area of life that demands analysis, discussion, and portrayal. An understanding of sexuality that fails to address the parts of it that cause us discomfort is as much kitsch as Valentinus' attempt to reconcile divmity with humanity by wishing defecation away. And a law which extends its reach to ban the

portrayal of thrs period (under the guise of preventing harm to young children) suggests either an already-kitschy understanding of sexuality, or an attempt to inculcate one.

Now, my comparison is not quite exact. The distaste for shit well predates Valentinus or even Christianity, but stretches back to the time when some clever person proposed that not only was spirit separate from flesh, but was in fact superior to it. The distaste for adolescent sexuality must arise well after Romeo wooed his Juliet; indeed, the distaste for child pornography must have arisen well after Zeus seduced his Ganymede. But the distaste is there, and the subject matter is concealed.

Everything I have said could be framed as a simple argument that the legislation is overbroad, an argument that has been made ad nauseam. But what is really offensive about the legislation, in my view, is not that it violates s. 2(b) of the Charter, but that it tries to paint a picture of the world without us1ng the dark colours. There are laws protecting children from seduction and kidnapping.

The "mischief" the law aims to redress lies deeper than the legislators might have even envisioned.

& LEGAL IssuEs

l

Ultra Vires

6

Judicial Activism Is criticism ofLamer court valid legal debate or political distraction?

Call us about our Student Programs

when they are seen to step out of their role as restrained, deferential arbiters. The current plea for judtcial restraint ignores The Supreme Court has become the need to articulate new, post-1982 juthe centre of a growing controversy over dicial capacities. The Charter dramatithe role of the courts. Armed with the cally transformed the Canadian legal sysCharter and compelled to decide on cases tem, enshrining the notions of equality which reflect some of the most pressing and human dignity into a body of law political issues of the day, the Supreme that before gave primacy to liberty and Court has been condemned by legal comproperty interests. Additionally, the Charmentators for honouring soc1al vision over For further inforn1ation, ter altered the institutional responsibililegal principle. please contact: ties at the centre of Canadian constituMost often th1s criticism is a cortionalism. oflary to another indictment: that deciMary Jackson The debate about judicial activsions are being made by the highest court Director of Legal Personnel ism eclipses the fact that, under the Charin the land because governments consisBox 25, Commerce Court West ter, judges have a sophisticated role to Toronto, Ontario M5L 1A9 tently cower from the political challenge play in ensuring that legislation lives up of legislating on complex and controverto the standards of the constitution. "If Telephone: 416-863-4303 sial issues. the courts go further than legislation, in Facsimile: 416-863-2653 The debate over the legitimacy social terms, the critics will condemn E-mail: mej@ blakes.ca of judicial review IS not new, but never them as activist. What the critics don't has it so clearly represented a clash beadmit is that certain legislation does not tween conflicting world views. Recent fulfil the requirements of the constitution. & decisions like Ewanchuk, Dobson and M. Demanding that legislation meet core Barristers & Solicitors v H., while being heralded as milestones constitutional values is not activism," Patent & Trade-mark Agents by feminist and queer communities, have Eberts says. sparked a reactionary backlash and the The critics of the Lamer court accusation of judicial activism. used the high ground of democratic proAccording to legal practitioner cess to justify their attack, claiming that and disability rights advocate David only an elected body can legitimately

BY MICHELLE DWYER volve sex. lepotsky, jUdicial activism has become a decide on these issues.

But the fierce Why is this statutory entitlement "mu\1\a\eo \eTm" used as an ep\thet \n limited underlies this offenDunng the hearing of M.v.H. to "intimate couples"? In a multimajoritarianism that much the same way that "politically corcultural, multi-oriented, post-modern sive belies the political history of the groups such as The Evangelical Fellowrect'' is employed. The criticism that a country, it is difficult to justify a sustained making of the Charter.

The document is ship of Canada and REAL Women arlegal decision is activist is used to derogued that the inclusion of same-sex institutional commitment to a particular gate from the legitimacy of the ruling; it revered in many parts of the world as an couples in section 29 of the Family Law social arrangement. Why not extend proexample of a democratically formulated expresses a complaint over substantive product of extens1ve comAct would undermine the traditional tection to siblings, parents, extended famconstitution; a policy in politically neutral language. munity participation family unit.

While and popular debate. it is difficult to imag- ily members and very close friends who Colouring a judgement as "acThe result of this public consultation was ine how the validation of one type of re- ·have made sacrifices and foregone opportivist" deflects attention from what is re,lationship can a priori detract from an- tunities for their counterparts? that Canadians decided to give the courts ally happening in the process of legal inBastarache J. attempts to reconthe responsibility of reviewing legislation other, these groups may have stumbled terpretation. As Lepofsky states, "Debates cile his commitment to family with his reand executive action for compliance with onto something. about whether judicial activism is good What is family if it is not grounded jection of its historical underpinnings, but or bad are a colossal distraction. They the constitution. in religion, biology and heterosexuality? ends up with a confounding judgment.

Eberts offers a different kind of detract from the real question that the litmus test for whether a court is activist If the family is no longer defined in tra- Although his efforts are laudable, they courts must address: What do the rights or not.

"The real question is: how faithditional terms, what are its parameters demonstrate the difficulty of attributing guaranteed in the Charter really mean?'! special status to a unit that defies definiConstitutional litigator Mary ful are the courts to the text and the in- and why does it deserve legislative distion. Gonthier J., on the other hand, reEberts states that the critics of judicial tention of the constitution they are inter- tinction? The answer g1ven to us by the treats to the realm of the familiar, where activism have, in the service of ideology, preting?" The answer to this question re- lawmakers of the land in M. v. H. is amfamily is a "special and unique" unit, deappropriated the language of a central quires a thoughtful consideration of the biguous to say the least. fined by biology, heterosexuality and gendecisions that are currently being delivThe majority judgement handles question in Canadian legal culture. "It is ered.

"I actually think the current court der inequality. While his judgement is both the instability of the word "family" by a matter of legitimate political and promyopic and offensive, credit is due for his is quite faithful.

In Borowski the court avoiding it altogether. Instead, the six fessional inquiry to ask tor clarification considered its role.

They don't carefully judges euphemistically refer to "intimate recognition that the word "family", as it is on the role of the Supreme Court. That go that far." currently conceived, simply cannot tranas those worthy of staturelationships" inquiry centres on institutional relationWith the recent resignation of protection.

Given that the court fails scend its patriarchal heritage without betory ships and requires an understanding of Chief Justice Lamer, it is apparent that to provide an unequivocal definition of ing stripped of all meaning. institutional capacity. Critics who claim It is difficult to predict where this that our courts under the Charter have this issue will continue to mflame legal "intimate relationship" it is unclear just commentators on all points of the politiis being protected.

If the qualifier what conundrum Will lead. As REAL Women become activist have hijacked the legitical spectrum.

His successor will have the "intimate" is meant to signify "sexual" have feared, M.v. H. may have rendered mate language of this debate to criticise difficult job of responding to the censure the court has engaged 1n a flagrant act the word "family" legally meaningless. But the substantive content of Supreme Court of those who believe the court has aban- of conflation: many lasting sexual rela- it may also lead to a future in which people judgements." doned legal principles tor social act1v1sm. tionships are not called families and will owe a duty to loved ones who have Judges are accused of activism many intimate relationships do not in- made sacrifices for them. Imagine.

BY LI:'•.1JA MrL:-.'YCHUK

BLAKE, CASSELS GRAYDON

The future of M v. H

CoMMENTARY

7

a September 1999

Death to The Firm BY }AMES COWAN

& ANDREW

AsHENHURST

Unfortunately, Hollywood seems to lack the ability to make good movies about lawyers; movies that will not be relegated to the graveyards of Sunday afternoon TV and long charter flights to England. As a public service we asked Eye movie critic James Cowan to provide his list of great lawyer movies (ranked in no particular order).

From the Hip-Judd Nelson plays "Stormy Weathers," a young lawyer who believes in style over subs.tance. Not much of a plot, but the scene where he argues the legal admissability of the word "ass" is a classic.

Inherit the Wind -A fictional account of the Scopes Monkey Trial. Written as an allegory for 1950's Communist paranoia, it deals with persecution, religion and all sorts of other fun stuff.

To Kill a Mockingbird -Gregory Peck plays Atticius Finch (don't movie lawyers have the coolest names?), the noblest of lawyers. Yet again, a film that deals with themes beyond "is he guilty or innocent?"

And the book's not bad either.

Twelve Angry Men - Not technically a lawyer movie, but Henry Fonda's character

might as well be one. Great story, great cast and crusading abounds.

A Time to Kill - Notable because it's the exception that proves the rule - it's a good Grisham film. All-star cast, good story, weighty subject matter, blah, blah, blah.

Presumed Innocent - Second only to The Crymg Game in terms of shocking plot twists. Oh yeah, and that Harrison Ford guy is kinda cute.

The Sweet Hereafter - lan Holm's character is someplace between saint and sleezebag. He's tragic, inspiring, and almost convinces you that ambulance chasers are a force of social good.

Ultra Vires p1cks: Monty Python's: And Now for Something Completely Different - Let's not forget the several members of MP were trained as lawyers. This becomes particularly evident when you watch their sketch comedy, which is why we recommend this movie over other equally good MP movies.

The Paper Chase -A pitiful movie about life at Harvard Law, complete with a love story that seems like it was added at the last minute (he falls in love with the Professor's daughter). Its one redeeming factor is that it provides a ready-made summary for the infamous Carbolic Smoke Ball case.

Presto.

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So next time you need to know about workin~ in IP or technology law, all you need to know is Smart & Biggar.

Smart & Biggar &rristers and Soliciton. - Patent and Thade Mark J~cnl~ W\\W.S!Illlrt·biJ!j!ar.com

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Ultra Vires guide to

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local patios

BY EILEEN CosTELLO

The word "patio" means far more than simply an outside extension of a bar or restaurant where people can imbibe outside. In Toronto, to "patio" is a desperate attempt to revel in warm weather, deny the existence of winter, and have a great excuse to go out with friends for drinks. We here at Ultra Vires thought it essential to provide those of you who are new to Toronto with our favourite spots so that you too can know what it means to "patio."

Hemingways, located in Yorkville, has a great rooftop patio and a laid back atmosphere. There is always a crowd, but thanks to the second level it is never hard to find a seat. The ambiance isn't as funky or state of the art as at o,ther area restaurants but it is relaxed and comfortable and the music is low enough so that you can,enjoy conversation. The bar is a seven-minute walk from school, making it a great alternative to the Duke for drinks after class.

Cafe Diplomatico (otherwise known as the Dip), located at the corner of College and Clinton, has been a landmark in Little Italy for over a decade (and with good reason). Its panzerotto is legendar'Y and on a nice warm day students claim that there is no better place to sit and absorb the College Street vibe. Fair warning, by 7 o'clock from Thursday on there is usually a line up.

The Green Room, just south of

Bloor oft Brunswick Avenue, is a nice hole in the wall that has good snacks, great brunch and is popular among artists, film makers, young urban hip hops and law students (go figure!) Grab a pitcher of Upper Canada, an order of humus and pita and a book of poetry and you'll tit right in.

The Madison (the "Maddy") is easily the biggest patio in the Annex, as it is actually made up of five patios on three different floors for your beer swillin' and wing gnawing pleasure. It could also double as the law school clubhouse. Nuft' said.

As the smaller and more sophisticated cousin of the Madison, Paupers Pub on Bloor near Bathurst is an oasis in the Annex when it comes to patios. To get to it go straight past their awful street side patio (this is merely a diversion for the uninitiated) and head up the stairs for 3 flights until you hit the root. Once there you can sip a frosty one away from the sounds of traffic and even hide out under a gazebo if it starts to rain (although this will irritate the staff who will get soaked serving you).

No review of local pubs would be complete without reference to the Duke of York (the "Duke"). located on Prince Arthur. As far as patios go, the Ou\<.e has one ot tne best, and tnanl<s to recent renovations it just keeps getting better. One of the best times to enjoy it is over a classic Duke breakfast early Saturday afternoon when the patio is still quiet and the coffee is ever flowing.

''Leech Brain'' eats T. 0.

BY ANDREw AsHENHURST

This summer a small, but fanatical group of law students formed a cult known as "Leech Brain" and began practicing the mysterious art of "Ultimate Frisbee" .Cult leader Nick Adamson suggests, "Ultimate combines the best elements of soccer, football and basketball."

The team in possession of the Frisbee (called the "disc") attempts to move 1t downfield until they arrive in the endzone.

The disc can only be moved by passingrunning with it is not allowed. Possession of the disc changes when the offence fails to complete a pass or commits a time violation. There is no referee (aka "the man") and players can call fouls at any point.

Ultimate is a co-ed sport- each team is required to have four men and three women on the field at all times.

The emphasis of the sport is on "having fun". Teams take this seriously; some have even been known to enshrine "fun"

in their constitution. And finally, no game is complete until each side has literally sung its appreciation to the other side for the energetic and spirited play. In short, Ultimate Frisbee is not a sport that you would expect an innately competitive, rules-driven group of law students to partake in.

The man responsible for the creation of "Leech Brain" is the endearingly blunt second-year student Nick Adamson.

Nick had previously played the game at McGill and scurried up enough interested law students to form a team. He then registered Leech Brain to play in the Toronto Ulimate League. Apart from Nick, the team is composed of rookies, which is probably why the team sported a winloss record of 2-7 at the mid-point of August. At the very least however, Leech Brain has left its mark on the league (and will continue to do so) - either through the blatant fouls of OJ Steady Rock, the jaguar speed of Gary Margolis or the velcro hands of Ann Perry.

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