The Student Newspaper of the University of Toronto Faculty of Law
Volume 1 Issue 2 5 October 1999 www .law. utoronto.ca/ultravires
Grand Moot a resoun.---
success
Wilson, Peacock, DeLuca and De Champlain argue sex tourism provisions BY }EFF TORKIN
& KATHY LIPIC
stigma.
From the moral high ground, counsel De Luca and De Champlain appealed to the Described by Dean Daniels in his Ope!Jing address as "the premier event of the court's sense of compassion for the vulnerable position of children whose concerns are mooting season," this year's Grand Moot (held at 4:00 p.m. on 29 September) drew an au- "all too often swept aside." One of the more memorable messages of the evening was dedience truly reflective of an event held in such livered by De Luca who, quoting Hilary high esteem. In fact, it was standing room only for those who didn't arrive at the Moot Clinton, stated that "it takes a village to raise Court Room early enough to haggle for a seat a child" and added that "today we live in the with students leaving Professor Drassinower's global village." At a McCarthy Tetrault-sponsored wine first year property class. At the Supreme Court of Flavelle, the and cheese following the Moot, the circulatcase was presided over by Mister Justice Frank ing panel of JUStices had only glowing comIacobucci of the Supreme Court of Canada, pliments for the Moot participants. "It was a Mister Justice Robert Sharpe of the Ontario delight for me to come and sit on the bench," said Justice lacobuccr. He continued, "it's Court of Appeal, and Madam Justice Gloria Epstein of the Ontano Superior Court. Coun; striking to me that law students can come up sel for the appellant were Andrew Wilson and to that level of ability and demonstrate such Noel Peacock. Counsel for the respondent knowledge and po1se in dealing w1th queswere Kelly De Luca and Karine De Champlain. tions from the bench." Justice Sharpe agreed - --nT.,.,he Moot, 1ntroducect by Lisa Tomas, Ch1ef wholeheartedly: "I thought It was a gfeat moot THO lfiVfit or ort~r ZJrgument ve<y h gn. ~ trte"MC>OFC5l'Ji'f; ~eart With legal Justice Epstein said, "I was blown questions relating to the sex tourism amendaway by the students' poise under pressure. I ments to the Criminal Code. can appreciate the pressure on the mooters, The scenario involved a Canadian because as a trial judge sitting among juswoman, Monica Springs, who, while travelling on business in a foreign country, engaged tices from the Court of Appeal and Supreme in sexual relations with a local thirteen-year Court, I feel like each and every move I make old named William. (For those who missed is being equally scrutinized." Many first year law students were simiout on the fun, this was just the first of the Monica/Bill references.) Although the age of larly awed by the confidence and preparation consent for sexual relations in the country was demonstrated by the four members of countwelve years, the age of consent under Cana- cil. When asked what impressed her most dian law is fourteen. Several months after her about the Moot, first-year student Jen return to Canada, Springs was arrested by the Weinberger replied, "both s1des argued in an RCMP, who had been presented with the cli- extremely illuminating way and I was really ent list of a child sex tourism operation from impressed with how well prepared they were to respond to questions from the bench." the foreign country naming her as an offender. Several first-year students, however, At trial, Springs brought two motions. First, she claimed that Flavelle did not have were disappointed w1th the Moot. There appeared to be somewhat of a consensus that JUrisdiction over her action. Secondly, shearwith only three weeks of law school under gued that s.150.1(4) of the Criminal Code violated her Charter-guaranteed rights. These their belts, the Moot was difficult to follow motions were granted in the first instance but and, correspondingly, "just a little on the dull side." It seems that for those students whose appealed by the Crown and overturned. The performance of all the mooters favourite court room moments include Jack was superb and, in the words of Just ce Nicholson's declaration that Tom Cruise "CAN'T HANDLE THE TRUTH" in A Few Good Iacobucci, "brought credit to the law school." Men, or John Cage's indiosyncratic clicking Wilson argued a d1fficult position persuasively. Under tough judicial scrutiny he argued that noises on Ally McBeal, their first face-to-face a coherent reading of the Code required "read- encounter with the practice of Canadian law ing-In" Double Criminality. Peacock defended was just too tame. Perhaps when their day the accused's nght to a defence based on a comes to moot, and Justice Iacobucci desubjective standard where the offence was ac- mands from them "a final pearl" to leave the companied by an extremely high level of bench with, the adrenaline rush will finally kick in.
w-
Best free stuff at the Job Fair 1. Fraser Milner stainless steel coffee mug 2. Cassels, Brock & Blackwell flashl1ght 3. McM1IIan Binch loot bag (including floppy disc case and fndge magnetl
4. 5. 6. 7.
Goodman & Carr recycled canvas tote bag McCarthy Tetrault keychain flashlight Fraser Milner T-sh rt Fresh wrne gums at the M1mstry of Health
Above: Mootcrs Kelly De Luc;1, Noel Peacock, Andrew \Vibon and Kanne De.: Champlam, assisted by the ~pirit of former Dean Cecil Wright. Below: justices Gloria Ep,tcin, Fr:mk Iacobucci :md Robert Sharpe.
Hot tiJnes at Swnmerfob Fair BY LoRI STEIN
24 September 1999 - Second-year law students descended upon the Toronto Hilton for the second annual Summer Job Fair. Over thirty prospective employers attended, crowding the convention room to its capacity. As expected, the majority were downtown Toronto law firms; however, representatives from the Ontario Court of Appeal, Ministry of Health, and Department of Justice rounded out the options. Christine Burnell, the Faculty's Career Officer, was delighted by the excellent turnout and success of the event. She described the Fair as ''a fabulous opportunity for second year students interested in working in a Toronto law firm this summer to meet firm representatives and current articling students. It was also a great way for students to obtain information that isn't in a brochure or on a web s1te." Many students agreed, and took advantage of the Fa1r as a chance to get a "feel" for the strengths and cultures of different firms. ~I actually thought it was a bit too
short," confessed Jason Brock. "By the time I had talked to four or fiVe firms, it was over." Other students got the1r fill and were ready to depart at 6:00 p.m. "I thought it was less overwhelming (than Art1cl1ng Day last year)," commented Penelope Hansen, ''but after a white 1t got oppressively hot." Some students fell that the Job Fair was really superficial - an opportunity to "schmooze" w1th lawyers and display a phony grin. "I thought the whole thing was counterproductive," Jessica Smith commented. "I don't see how sending 150 of us in suits into a room that small is conducive at all to establishing some kind of meanrngful dialogue." Students were also put off by the class lists behind the booths at some firms which representatives used to check off names of students who had visited them and poss1bly write comments. Many were content to grab firm brochures, pens, and T-sh1rts, gobble down a few cookies, and head out for beers afterward. While opinions on the usefulness of the Fair varied, all agreed that the coveted Fraser Milner coffee mugs were the event's highlight.