Ultra Vires Vol 1 Issue 4: 2000 January

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Volume 1 Issue 4 25 January 2000 www.law.utoronto.ca/ultravires

Discussion Paper Suggests Major Changes to First Year Bridge weeks, Civil Procedure receive criticism BY }AMES HOI'B'IER

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The Curriculum Review Committee at the Faculty of Law recently released a discussion paper that could significantly change the firstyear curriculum. Recommendations may fundamentally affect the Civil Procedure, Perspectives on the Law and Constitutional Law courses. "The Committee has made tentative proposals, rather than a laundry list, in order to focus discuss1on," explained Chair Kent Roach. He emphasized that the proposals are open to revision.

Over the next two months, the Committee hopes to engage the opinions of students and faculty and it has scheduled a town hall meeting and a Faculty Council meeting to discuss The University of Toronto was well reprc~cntcd at the recent La"' Game~ in Ottawa. Pictured the paper. The Committee will submit a rehere nrc Noah Gmcrman, Anne Graham, GinnyTsai, Kcya Dasgupta and Karen Park. Sec port to Faculty Council at the end of,this term. story on page l 0.

Dean Ron Daniels in1t1ated this discussion paper last November by mandating a broad review of the first-year cu~r~culum . The pre vtous cumculum rev1ew occurreo in 1996 and was chaired by Professor Patrick Macklem.

Student members of this year's commitfrom her schoolbag - wh1ch was at her feet BY }E:-.::-.:IFER \VEI:'o,'BERGER tee were qutck to canvass student opinion. for the entire duration of her stay at a study According to their survey conducted last Nocubicle. She recalled placing her wallet in vember, 80% of students found first year overthe front pocket of her knapsack after using The rate at which wallets are disappearall to be an appropnately focused introducthe photocopier. Students should be careful ing from the backpacks and book bags of stution to the study of law. Only about 60%, not to draw any attention to their wallets or dents at the Bora Laskin Law Library has however, found the Bridge Weeks to be an change purses while at Bora Laskin. sparked significant concern from both the lieffective way to mcorporate different perspecAttempts by students to report suspicious brary staff and students The grav•ty of the tives mto the curriculum. According to Katie problem is illustrated by the prominence of behav•our In the library have not always proved Sykes, a first-year Faculty Council represeneffective One student who confronted a signs throughout the library warning students tative and the key organizer of the surveys, to guard their valuables due to an increasing stranger rummaging through a classmate's the ''Committee was very receptive to the unattended belongings reported to library staff amount of wallet theft. surveys and took seriously student opinions." immediately following the incident. DisapTed Tjaden, co-ordinator of information Civil Procedure may be the course most funpointingly, pollee took from ten to twelve minservices at the library, confirmed that library damentally affected by the eventual recomutes to respond, leaving ample opportunity staff is aware of the problem and are doing mendations. Students and faculty have long for the would-be pickpocket to escape everythmg within their power to prevent theft. been dissatisfied with this rules-oriented through an emergency exit.

The staff's principal approaches have been course but have had to endure it because the Some students believe that theft has esto circulate through the l1brary as much as Law Society of Upper Canada requires instruccalated to a point where more stringent sepossible, to be mindful and alert at all times, tion in civil procedure prior to taking the Bar and to offer prompt assistance to anyone who curity measures are necessary. Policy proposAdmissions Course. als mclude random student identification appears suspicious.

This discussion paper categorically states: checks, or the introduction of a nominal Tjaden stated, however, that the ability ~f "civil procedure cannot be justified as a funthe library staff to deal with the problem 1s membership fee, to ensure that public library damental building block in the first year access remains available. Others argue that limited. "We are librarians," he remarked, programme." It notes that, in Canada, only a security guard is required during library hours. "not police officers." Although the library staff Toronto and Osgoode Hall law schools still A guard could deter theft and also offer secudoes its best to take action when. they see offer civil procedure in first year. The discusrity to solitary students and staff members questionable behaviour, the assistanc~ of sion paper recommends that rules of civil prowho often close the library alone. Tjaden Campus Police is required when a senous cedure be taught in upper years and that a crime control issue arises. Although Campus acknowledged the merit to these suggestions, new Legal Process course be added to first but responded that budget cuts and Police does conduct periodic checks of the year. According to Roach, this course _wou~d understaffing impede the effort to bolster selibrary, Tjaden stated that the visits are spoexamine how the process of law funct1ons 10 curity. radic. society by examining concrete cases of legal Against a backdrop of budget cutbacks and According to security personnel who have process such as those involving residential looked into the problem, they believe that staffing shortages, it is difficult to muster the schools and tainted blood. level of surveillance needed to eliminate lithe recent spate of wallet theft may be the The Bridge Weeks may also be changed. brary wallet theft. This intensifies the need work of professional thieves who scope out However, the discussion paper states: "the where students keep their wallets. Unat- for increased student vigilance for the safety fate of the bridges is the most difficult issue tended backpacks are perfect invitations for of their personal items. Students are advised that the Committee faces." Bridge Weeks are any pickpocket to steal valuables. Even sitto take responsibility for themselves as mu.ch as possible, keep money and valuable~ ':"'th ting next to one's belongings does not offer them at all times, and report any susp1c•ous complete protection from thieves. Secondsee "Evaluation" on page 2 behaviour to library personnel. year student Lori Stein's wallet was taken

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libraryThefts Spark Concerns

FaLulty Proposal for Increased Salaries Draws Mixed Support Dean concedes tuition increase could be result

BY RICHARD M ELOFF & }EFF TORKlN

In response to an anonymous letter requesting an mvestigation, Ultra Vires has confirmed that in November 1999, professors at the Faculty of Law initiated a proposal to increase their salaries dramat1cally. The letter identi· fied Professor Bruce Chapman as a l<ey player in bringmg the proposal forward \o U o1 T admmistration at Simcoe Ha\\. Whi\e Chapman was re\uc\an\ to comment on \he issue, he o11i say \hat \he pro-posa\ "en\O"JS \he o'llei"Nhe\mlfl\1. suppot\ o\ members o\ \he facu\\y" ana h1t\her oescn~ 1\ as "s1mp\~ \he ~\ tecc.n\ 1t1 a \on?, \\t m~ o\ -.uc:.\\ \n\ trotrvcs and therefore not all that unusual "

Chapman cla1med that the proposal "s1mply forms part of the general backdrop to how salarres have been determined at the faculty tor some time."

The initrative, however, is not without its crrtics. One professor, who w1shed to remarn anonymous, commented on several concerns about the inttiative. "I don't see how fees can possrbly stay at current levels if this proposal is accepted. Where is the money going to come from? It will erther come at the ex· pense of other professors at the University or from the students at the law school. Where will the next fees plateau be? I can't see how it's going to be less than $12,000."

Another reservation is the rift that can develop when the salaries of professors in one faculty increase so dramatically in compari. son w1th the salaries of their colleagues tn other faculties . This professor concluded that, "There's a concern amongst some staff that we risk creating an even larger gulf between us as faculty members teaching law versus other faculty members at the university."

Salanes for all University of Toronto professors come out of the school's general operating budget but, according to Ron Dan•els, Dean of the Faculty of Law, th•s is not the sole source of revenue for the law school.

Dean Daniels did acknowledge that student tuition is an important revenue stream, but "corporate, alumni and governmental sources are also key." The Faculty's endowment currently stands at $35 million, most of which was raised from the Faculty's alumni.

Although the professors at the Faculty of Law have not made an independent proposal to Simcoe Hall since 1989, dramatic changes in Ontario's educational system have resulted

see "Faculty" on page 3

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Ultra Vires

Burey Dies After Long Battle with Multiple Sclerosis Graduates Attend Professor was both teacher and friend

BY M.ARCIA } AMES Lois April Marriette Burey was born in Jamaica on March 30th, 1960, and d1ed on December 12th, 1999. It is very difficult to express what April meant to me and to her many friends and students. April is survived by her son Martin, her mother, sisters, brother and a ver~table crowd of friends, students and colleagues. It is difficult to separate what she meant to us as a teacher, a role model, a mentor and a friend. She would laugh at the categories and dichotomies and would say that 1t was "all results-based anyway" and that I should just go ahead and write from my heart.

AprJI was a profoundly spiritual person, and looked to her friends and students as ambassadors from various religions and "ways of living'". Only too soon would we discover that she would take our knowledge and experiences and incorporate it into her own eclectic spirituality. She always described herself as an "ofd woman" because she knew that her time on earth would be limited by her disability. However much April had Multiple Sclerosis, M.S. did not have her. She en-

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joyed her life and filled it with as much love and happiness and a thirst for knowledge as was humanly possible. She found the conviction to reorgan ize her life and her entire sense of the world, despite the many challenges she continued to face.

For those of you who were unfortunate not to have known April, you might be most impressed by her tremendous intellect. She excelled through her secondary schooling in Jamaica, her undergraduate and law studies at Dalhous1e, her career in government, her LL.M. at Harvard, her argument before the Supreme Court of Canada in R.D.S., and various publications. She was incredibly overqualified to be an "instructor" at this school, and it was to U ofT that she attributed some of the most difficult and wonderful moments in her life. The accolades did not mean much to her except to show the "powers that be", and us, that anything was possible for a "black woman immigrant with a disability".

April had an enviable deep humility regarding her own achievements while at the same time encouraging and reveling in the "success" of her students and friends B however we chose to define the success. She would at once rail against "the Big Boys" who held the reigns of status quo inequality and, at the same time, still have the hope, and the expectation, that we as "young people" would figure out how to outsmart injustice. How-

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ever, April had many kind words and fond memories for mentors in her life such as lan Binnie and Derek Bell who treated her with humanity and honor, two traits we all grew to admire in her. She had a vision of education as being' truly inclusive and representative, a place where professors and students could learn from and respect each other, without the distortmg vagrancies of hierarchies and commercialism. Conversely, she believed that many principles that some take for granted, such as 'meritocracy,' 'neutrality,' and 'objectivity,' could be twisted so as to lose any meaning and thereby become tools to re-inscribe discrimination. As she would say, "Guess who gets to decide who has merit: the ones already in power!"

Although I will always mourn her death, I am not sad for April. Those who were close to her know that she left this world at a time of renewal in her personal life and hope for her illness. Instead, I am sad for all of us B students, colleagues from many different backgrounds B who depended upon her as one of the few people who we knew would greet our hopes and dreams with enthusiasm and support, and who would meet our feelings of alienation or disappointment with hard-earned empathy and humour. I think the·most fitting legacy for April is for all of us to try to face life's challenges with as much grace, courage and purpose as she had.

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continued from page 1 criticized for being disruptive to regular classes and for tending to ghettoize the broader perspectives into discrete topics. However, the Committee maintains that Bridge Weeks are an effective way to introduce the interdisciplinary aspects of the law and expertise of the faculty. The Committee recommends keeping the Bridge Weeks with modifications such as implementing a more problem-based approach to the subject matter and changing the method of evaluation to honours/pasS/ fail.

The Constitutional Law course may also be changed in recognition of the growing body and importance of federal, Charter and aboriginal issues. The Committee recommends assigning an additional hour of instruction to this course. Another idea is to split the course into two three-credit courses on federalism and the Charter, respectively.

Other recommendations in the discussion paper include changing the method evaluation of December exams such that the exam may count for 20% of the final mark if the December score is higher than the April score.

The Committee also recommends a closer integration of the Legal Research and Writing Program with small groups.

Other ideas and issues considered in the discussion paper include: creating electives in first year; adding instruction on international law, comparative law and statutory interpretation; providing a general academic orientation to law; implementing a course on public law; and considering evaluation methods such as an honours/pasS/fail system and alternatives to 100% fmals.

50th Anniversary Gala 800 enjoy evening of skits, songs and cocktails

BY B EATRICE VAN D IJK The 50th Ann1versary Gala of the Faculty of Law was held on Saturday, January 22nd.

More than 800 alumni watched skits and musical performances in the Edward Johnson music building and then shivered their way to the Royal Ontario Museum for a cocktail reception.

The theatrical part of the evenmg featured a video outlining the 50-year history of the school. This was followed by skits remind ing graduates of inside jokes, musical performances, and speeches mostly delivering feelgood fundraising platitudes.

After the show, alumni bundled up (many in fur coats,) and changed venues. Gala guests filled the main floor of the museum. While picking at satay shrimp, tapenade crackers, and tiny chicken pieces reconstituted with morsels of artichoke, both high-powered and mellow graduates caught up with old friends and networked with new ones.

Due to its popularity among alumni, the Gala was not publicized to students because of space limitations. On ly a few volunteers and some talented skit performers had the opportun1ty to observe the even1ng. Some students who did go saw the even t <'~'>a rnu< of Law Follies humour, firm cockta1f party ch•t chat, and the school-spirit speechifying of principals at high school assemblies.

The skit performed by upper-year students was one of the highlights of the first half of the evening. Third-year student Lisa Tomas and her spirited chorus line of well-rehearsed performers re-worked words to songs from Fiddler on the Roof, Grease and Cats, among other musicals. The Grease moment somehow turned the quest for summer love into a quest for summaries to love.

Older alumni expressed pleasure at having had a chance to enjoy the clever capabilities of current students. Thanks to the efforts of those students who performed at the Gala, it should be clear to faculty administrators that future fundraising events will benefit from the dash and vivacity young blood brings to old boy events.

Other highlights of the theatrical performance included a parody of old boy posturing. The parody presented the audience with a ring of cigar-smoking senior partners telling horror stories about life at the law faculty when they were boys. One boasted about how his professor had required submission of a take home exam half an hour before the exam topic was even handed out, while another spoke of writing three extended papers over Christmas breakfast.

In the end, after skits, songs, snacks and wine, the atmosphere of the Gala was similar to the atmosphere of a law student gathering. Years from now, when students of today attend whatever anniversary gala they are alive for, it won't matter what we eat or what we wear. We'll still joke about Hadley and Baxendale or the headaches of the estates system. Some things don't change.

25 January 2000 Ever dream ofhaving any of these letters after your name?

Editor-in-Chief Business Manager News Editor Editorial Page Editor Opinions & Legal Issues Editor Commentary Editor Clubs & Clinics Editor Diversions Editor Advertising Manager Production ~\tanager Online Editor Photo Editor If yes, then make that dream come true by applying for an Ultra Vires masthead position for 2000-2001. In the coming weeks we'll be looking out for people to bring the paper into its second of many years. Watch Headnotes for application information and deadlines.

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Faculty Fears Losing Talent to American Schools continued from page 1 in a very different set of circumstances today than existed at that t1me. The recent deregulation of professional faculties at Ontario universities allowed tuition fees to skyrocket and, in the Faculty of Law, first-year fees have gone from $3,500 to $8,000 in less than four years. Critics of the proposal assert that it is these circumstances that are not properly accounted for. "In 1989, there was no prospect of deregulation. Now that the Faculty sets its own fee schedule, there is no way that fees can stay at $8,000." Even Dean Daniels admitted that he "could not assure students that there would not be tuition increases."

While there is a government stipulation in the deregulation legislation that requires 30% of the fees charged to students in the professiona l facult1es to be used to provide bursaries for those in need of financial assistance, this requirement does not assuage those fearful of the plan. "If that is indeed the case," stated the anonymous professor, "then tuition would go even higher, perhaps as high as $15,000. That wouldn't surprise me at all."

When presented with the argument that the frequently high salaries offered by law firms would offset any debt one might incur at law school, the professor retorted, "That might be the case, but we do not know the impact

of the initial sticker shock. In other words, · system, education is going to be publicly prohow many potential students fail to apply to vided and that means that Bay Street sa lathe Faculty because they find the tuition so ries are not feasible [in academia). I'm happy exorbitant. The Faculty has never looked into to accept that bargain because I believe that this phenomenon- and never will- because accessibility is more important than driving a they simply do not want to know the results Porsche," offered the anonymous professor.

Dean Daniels rejected this conclusion, arof such a study." When confronted with this • proposition , Dean . . . . . - - - - - - - - - - - - - -'- --. gu ing that the Daniels conceded that "I'm happy to accept that bar- threat is solely illsverydifficulttomeafrom other presure sticker shock but gain bectmse I helie••e that ac- mier law schools. he d1d say that, "the cessibility is more important "Our fac ul ty is data indicates no softfully comm tted to ening of interest in the than driving a Porsche. " academe. They do Faculty amongst potennot regard the Factial students. In fact, ulty as a steppingthe notion of sticker shock seems inconsis- stone to another job. That being said, our tent with all the proxies we use for measur- faculty is in very high demand. They are mobile and many have received lucrative offers to go ing interest in the Faculty."

One of the major arguments supporting the elsewhere. In order to reta in and attract top salary initiative is that the Faculty runs the talent, the pay levels must be commensurate risk of losing some of its premier legal talent with other top schools. How can we attract to wealthier American law schools, where top students without professors li ke the pay can be over 50% higher, or to Bay Trebilcock, Weinrib and Waddams?"

Street, where experienced and talented lawWhile it remains to be seen whether the yers can earn over $500,000 per annum. proposal will be accepted by Simcoe Hall, as While critics of the plan concede that this the effort is in its early stages, it is clear that is a legitimate threat to the Faculty's talent this initiative has exacerbated an already expool, there is a consensus amongst them that isting ideological rift within the faculty, a rift one cannot expect to earn a Bay Street sal- that shows no signs of abating. ary in an academic setting. "For better or for worse, and I think for better in our political

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25 Janua Ultra Vires

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Catholic Hospitals and the Reproductive Health Care ~ap Should publicly,funded institutions be able to deny services to women ?

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may not be great if such services are available elsewhere in downtown Toronto. Provided that a woman understands her options, she may attend a different hospital if she needs reproductive health services that St. Mike's does not provide. Indeed, a court challenge to the order of Ontario's Health Services

BY SOPHIE NUNNELLEY Restructuring Commission to close the Wellesley hospital -and transfer its services [Note: The following statements about St. to St. Mike's- failed, partially in light of such M1ke's policy are based on imperfect inforconsiderations. The Court noted that ''there mation. I was unable to find an official policy is no evidence of any compulsion to take treatat St. Mike's. I therefore rely on knowledge ment at St. Mike's." about what the Catholic Health Care AssoHowever, 11 has been suggested that reCiation of Canada mandates - St. Mike's -is gardless of the existence of other health faadministered by the Sisters of St. Joseph, a cilities, St. Mike's refusal to perform aborRoman Catholic ortions does lower the der of nuns, and is a overall number of member of the The present issue of Ultra Vires abortions performed.

Catholic Health Assofinds Canada with a new female The We're No Angels ciation of Ontario, Chief Justice of· the Supreme Coalition estimates the provincial branch that since the closof that organization- Court The National Post, frighting of Wellesley hosand on the anecdotal ened and besieged, reported this pital, the number of ev1dence of medical development in an account high- abortions has destudents working at creased by 700 to lighting the unique perspective of 800 annually. FollowSt. Mike's and members of interested ''R.E.AL. Women ofCanada." The ing the closure of cercommun 1ty organizatain hospitals that Globe and Mail chose a nicer, tions. In addition to performed abortions, making analysis of touch y-fe e ly exclus ive with that organization sugthe St. Mike's policy Adrienne Clarkson, in which she gests that there was difficult, this is an invoiced gentle complaints about her no corresponding indication \hat patients crease in the number seeking mtormation treatment by the med\a as the of abor tions percountry's new female Governor formed at other hosfrom St. Mike's relevant to their repro- GeneraL For its part, Ultra Vires pitals. Assuming that ductive health care demand for the pro(which many are now calling needs are likely to be cedure remains conCanada's third great national news- stant, these figures frustrated.)

Last term I found paper) marks the promotion of indicate that, even in myself thinking about Madame Justice McLachlin with a city such as Toronto Catholic hospitals and with many hospitals, the question of a focus, in both the Commentary the refusal of certain whether there IS anyand Legal Issues & Opinions sec- hospitals to perform thing wrong with tions, on issues facing women. abortions may hinder their being publicly access to abortion. funded. Religious inDespite these figures, I would argue that stitutions are not usually publicly funded in there is a potentially greater problem inherCanada. This fact was highlighted in the reent in St. Mike's policy of non-provision of cent case before the UN Human Rights Comcertain reproductive health services. Specifimittee regarding publicly-funded Catholic cally, the hospital's policy of failing to proschools. The Ontario government argued vevide informational services such as abortion hemently that it would not be funding these referrals and contraceptive counselling is schools were it not constitutionally required harmful. This is the case regardless of to do so. Why, then, does it fund Catholic whether such services are available elsehospitals? Of course, we can argue that a where since a St. Mike's patient without full Catholic hospital such as St. Michael's Hosinformation will not know to avail herself of pital in Toronto isn't really a religious instituthose services. tion -doesn't it provide all of the same serFailure to provide abortion referrals may eivices that a non-religious hospital offers? The ther prevent a woman from obtaining an aboranswer, sadly, is no. Being a Catholic hospition - thus causing her to face an unwanted tal, St. Mike's cannot offer a host of services pregnancy- or it may delay her in obtaining that are central to women's health-care an abortion. Delay in such a time-sensitive namely, abortion, contraceptive counselling, matter such can have both medical implicaemergency contraception, and other reprotions (late term abortions involve more mediductive health services that are contrary to cal risks) and psychological Implications. A Catholic teachings. That Catholic hospitals woman who is facing an unwanted pregnancy will not provide many services essential to may face uncertainty and emotional stress, the wellbeing of countless women and men and the period of time that elapses between makes their existence, and public funding, a woman's treatment at St. Mike's and her problematic. eventual discovery of alternatives could subThe practical implications for women of a ject her to significant and unnecessary psypolicy denying access to services such as chological harm. abortion and the provision of contraception

OPINIONS

Failure to provide contraceptive counselling carries with it a host of possible harms. AI the most extreme end is the potential for a sexually active person, not aware of the need to protect him or herself from STD's, to contract diseases such as HIV. Additionally, there is agam the potential for unwanted pregnancy and all of the physical and psychological implications that may accompany it. Further, the denial of emergency contraception and failure of the doctor to indicate that it is an available option, even to victims of rape, may result in a woman facing an unwanted pregnancy resulting from rape.

In the course of my research on St Mike's, I found that the biggest barrier facing someone examining the St. Mike's policy on reproductive health care is its secrecy. There is little public awareness of what services doctors at St. Mike's will and will not provide. Thus, not only is there a lack of information provided by individual doctors (in accordance with hospital policy), but there is also a general lack of public knowledge that in attending St. Mike's, one will not be provided with a full range of options or information.

A hospital should be very clear about the services that 1ts doctors will and will not provide, so that people may make i nformed health-care choices. However, far from St. Mike's staff volunteering this information, this information is not available even when actively sought. I found it almost impossible to get anyone from the hospital to speak to me.

I was passed continuously down a line of people, all of whom claimed to be unable to help me. The closest I got to finding out about any official policy was the statement by one administrator that such a policy exists, but is most likely not available to the public. Interesting - hospital patients are not permitted to know what services will or will not be offered to them. Isn't it professional negligence for a doctor not to present to patients full information about medical options?

Yet, despite the lack of reproductive health services and the corresponding lack of information about that fact, Catholic hospitals have not been viewed as undermined in their status as reputable health care institutions.

This fact may be reflective of the relatively low status that reproductive health care is generally given. When people think of health care, abortion or contraceptive counselling or sterilization do not immediately leap to mind.

In fact, many people do not think of reproductive health care services as being "essential services." This may be a remnant of the belief that reproduction and sexuality are the woman's domain, and one she deals with in private. However, clea rly such an attitude is unacceptable today. Whether Catholic health care and the resulting gap in services come to be significantly questioned may depend largely on whether the notion of reproductive health comes to be recognized as central to health care and to women's human rights. It must be widely recognized that to deny women basic health ca re services and information about such services is not only dangerous, but is also an indignity and an undermming of women's autonomy and power to choose health care that is relevant to their needs.

Recognizing Violence ofSons Against Mothers Violence by strangers usually receives media attention in Canada BY }AMIE CARLSON & WOME:"' ANDTHELAW December 6th marked the tenth anniversary of the deaths of fourteen Montreal women at the hands of Marc Lepine. As usual, the December Sixth events this year served to highlight violence against women in Canada and around the world. Violence against women at the hands of strangers is generally recognized, but society has increasingly come to understand that violence against women by men whom they know, and often love, is much more widespread.

We hear on the news and in the classroom about the violence many women suffer at the hands of husbands, boyfriends, ex-husbands and ex-boyfriends. We even hear about violence within families involving fathers and brothers. However, the phenomenon of violence by sons agamst their mothers is not often discussed or analyzed. There are numerous recorded cases documenting this violence - some of it extreme.

Why IS the violence of sons against mothers not discussed? ll could he th at t hese lnci dents, or the prevalence of such mcidents, 1s simply not known. I, myself, was shocked when I read on the back of the December Sixth Programme distributed for the ceremonies at Hart House, that of nineteen women in the Toronto area who were listed as killed by men within the last year, three were killed by their sons. The violence of sons against mothers may also not be discussed because it is not perceived to be a pattern or a phenomenon and therefore not worth discussing as such; all of the incidents of mothers dying at the hands of their sons could be regarded as separate and distinct. Smce many of the cases include alcohol and drug use and psychiatric disorders, maybe the mothers just happened to be the individual present when their son kills.

After all, this is similar to how some people treat the Montreal Massacre - as the result of one deranged individual who went out on a killing spree and certainly not indicative of a broader societal pattern of violence against women. The Montreal Massacre is seen as even less indicative of a broad social attitude which accepts or ignores violence against women. Further, these incidents may be regarded as being justified in some ways that other forms of violence against women are not. If women are bad mothers or if they are themselves abusive, then these cases could be seen as distinct from other types of violence against women.

For these reasons and perhaps more, the issue of women who have been the victims of violence, often fatal violence, at the hands of their sons is certainly not a hot topic. This is very unfortunate considering that a further examination may help us understand and reduce violence against all women as well as violent deaths overall.

& LEGAL ISSUES

2000

5

Gender Equality in Canada at Last?

Despite McLachlin as new Chief, many see need for social and economic changes

BY DINA BOGECHO With a new face and some welcome additions, the Supreme Court was launched into the new millennium. Last year, press reports consistently applauded the appointment of Louise Arbour, and more recently focussed on Beverley McLachlin's promotion to Chief Justice. Several reports state that these changes signal Canada has reached a time of "true gender equality".

Is this entirely true? More importantly, what exactly is "true gender equality" and how do we know when we've attained it? Will it be when all leadership positions, such as government ministers, CEO's, and judges, include as many women as men? Will it be when people finally stop believing that caring for children is a "woman's" job, while fighting forest fires is a "man's" job? Will it be when police start taking domestic abuse seriously and when JUdges stop suggesting that women who dress "inappropriately" deserve the harassment they might receive? Will "true gender equality" ever be attained or are sexist attitudes simply far too ingrained?

There is no doubt that the appointment of Mclachlin to Ch1ef Justice was an excellent decision and one certainly based on merit, not gender. Adnenne Clarkson's statement that Mclachlin is a "wonderful model for young women to have" is very true as well. But can i l really be said that this appointment signals Canaaa's achievement of true gender equal· ity?

Several authors have argued that Canada is by no means a leader in the area of gender equality. In her article entitled "Pregnant with Meanmg: Discourse, Democracy, and the Daigle Decision," Donna Greschnerwrites that the "Canadian democratic system, a legislative, executive, and judicial triumvirate, continues to deny women equal participation, no longer by formal exclusion but through the highly effective means of economic disadvantage, socialization, electoral structures, and party politics." She points to the sparseness of female Members of Parliament and criticizes the way in which current practices permit the enactment of legislation with profound impact upon a subordinate groupwomen while excluding them from equal participation in the legislative, administrative, and judicial process. "How democratic is a system that reduces women to another lobby group attempting to exert influence on democratic institutions from the outside?" she asks.

Before we can even talk about gender equality, however, we should consider what the word 'equality' actually means. In her essay "To Bellow like a Cow: Women, Ethnicity, and the Discourse of Rights", Radhika Coomaraswamy explains that many international documents vary with respect to their definition of equality. Under the Convention on the Eliminat ion of All Forms of Discrimination Against Women, (to which Canada 1s a party) equality means non-discnmination a constant measure of men as against women.

In some other contexts, equality means access to empowerment as individuals and not a measure of the final end that men versus

women actually reach . Coomaraswamy also states that there are some cultures where equality retains notions of separate spheres: "the public and the private and separate but equal doctrines prevail, justified by the uniqueness of the maternal function." Finally, for some feminists, she concludes, equality is the other side of patriarchy. According to this point of view, equality "will only be achieved if it is linked to social transformation of a very radical sort" since just about every aspect of life seems to be infected by gender bias and classification.

There ar€ clearly diverse and varied conceptions of "equality." It would be wrong to conclude, however, that because such a diverse understanding of the word exists, true equality can never be attained. What it does mean though, is that equality requires more than simple non-discrimination. We must move towards a change in attitude as well as behaviour. This will be extremely difficult, for, as Hilary Charlesworth mentions in her article "What are Women's International Human Rights?," many of the relationships of subordination in society are so "deeply ingrained that they appear qu1te natural". It seems completely natural for a woman to do the majority of the domestic chores. This is, after all, "woman's work".

When analyzing indicators in society to determine the status of women vis-a-vis men, it is not enough to simply look at what goes on in the public sphere (i.e. the labour force, legislature, judiciary, and so on). A country's laws, statutes, and labour codes may all outlaw sexual discrimination, but does this necessarily mean that there is de facto sexual equality? Many 1eminists and writers on issues of gender equalitv have stated that the situation in the private sphere truly reveals the presence or absence of equality. In other words, what goes on in the home between husband and wife is what is really important.

Canada might have a female Chief Justice, but this proves nothing if Statistics Canada reveals that: Canadian women (on average) still earn only 72% of what men earn for the same types and levels of jobs; if women in the labour force devote an average of 14 hours more per week to household work than do employed men; if female lone parents make up the fastest growing group.of poor people in Canada, 1f 25% of women in relationships experience physical or sexual violence at the hands of their partners; and, if 80% of all victims of childhood sexual abuse are female.

In her book Human Rights of Women: National and International Perspectives, Rebecca Cook explains that no issue raises the inherent limitation of the gender-neutral approach to equality more acutely than does domestic ViOlence against women. Even in Canada, battered women often lack the economic, social, and emotional means to leave their abusers. Coomaraswamy also discusses this issue. She states that the private sphere rather than the public sphere is the most impervious to change with regard to women's rights: "Without equity in the family ... there will be no equity in society."

Nevertheless, s1mply stating that gender equality in Canada still has a long way to go does not mean one should ignore how much progress has been made. Beverley McLachlin's appointment as Chief Justice is symbolically important. As Clarkson commented: "For Canadians, it means that the full complexity and diversity of our society is coming to the fore."

Not a Sturdy Bridge women (or perhaps just the faculty at this school) continue to exclude other women from femin1st dialogue. Given feminists' understanding of margmalization and the effects of what it means to be the "other", the absence of women of colour, disabled women, poor women and lesbian women from the bridge is unacceptable. That it was a short introBY EsrtE GARFIN duction provides no excuse.

The second issue 'bf concern was the perThe Perspectives on Law Course (otherspectival monopoly that was presented, particularly by the speakers. While the article wise known as "the Bridge") is an important "What's Distinctive About Feminist Analysis part of the first-year law curriculum and is a of Law?" called for hyphenated feminisms, great idea to ensure that first year law stuth1s was not followed up by a discussion of dents are exposed to diverse ways of thinking what different femimsms look like. The view about the law. As one who is especially inpresented was mostly liberal feminist, and terested in feminist theory, I was excited about the prospects of the Feminist Bridge. although some speakers labeled themselves "postmodern", we did not get an explanation This excitement was short-lived, however, as I was disappointed .---------------~of what that means. with the manner in The view presented was mostly What was particuwhich the bridge was larly troubling was the presented . Rather than liberal feminist, and although tendency of some of

First Year week on fen1inism was disappointing

providing an introductory some speakers labeled themthe speakers to attack look at some of the I , radical fem1nists, Se Ves ''po.c·•otlllOdertt, ' we d1'd Catherine MacKinnon many perspectives within the spectrum of not get an explanation of what in particular (although theories labeled femi- that means. she has also been renism, we were exposed ~..-._ _...:..:..~..:_-~-~--~-..Jferred to as a liberal to a rather uniform understanding of one feminist in some feminist literature), without stream of feminism (i.e. liberal feminism). providing the context for the attack. I do not This singularity was problematic for two discourage the debate that occurs among reasons. First, it perpetuated the idea that feminists but, in an introductory week, 1! is women are a single unified group, and served necessary to provide the background for the to further marginalize those who do not fit debate either in the reading materials or by within the narrow understanding of "woman" including more diverse speakers on the panel. that was presented. Second, presenting a The introductory and concluding lectures mml· single perspective on feminism ignored the ma\ly focused on ctitiGuin% pa\riarcha\ systems of oppreS5ion by, ins\.ead, cn\.icizingo\.het dynamic dialogue that tal<.es place between the difterent appmache~ to \emini$m. \emln\~m~ in a non-con\.e~\ua\ and not\-acaAt the outset of \he wee\<., the 01gamzers d.emic mat\net. lnese o\net \emlt\\sms wete acl<.nowledged that there were many top1cs lett undefended in the readmgs and on the that could not be covered due to the time

restrictions of a one week course (this is certainly true and is one criticism that the Bridge faces in general). While the number of topics covered must, because of time constraints, be narrow, it is still possible to include a wider variety of perspectives in the materials and among the speakers.

For example, among the hst of speakers there was little done to include women of colour, poor women, or disabled women. This lack of representation and inclusion is one of the historic critiques of feminism as constituted during the 1960s and 1970s. Thus, it is disappointing to see that white middle class

panel.

Nevertheless, despite these cnticisms of the bndge there were many strengths. The topics were very interesting, and the small group discussions on sexual assault were qurte engaging. The Feminist Bridge IS an important part of the entire Perspectives on Law Course and a crucial element of the first-year curriculum. However, as an introduction for many students, it is necessary to provide a broader understanding of the many feminisms by ensuring that more diversity exists among the speakers and within the reading materials.

Ultra Vires welcomes letters or articles on issues of interest to the law school community for possible publication. The Commentary section has now been expanded to include discussion of matters directly relating to the law school experience, as well as comments on various aspects of the legal profession as a who le.

We encourage you to share your thoughts and opinions, and welcome interesting and original articles . Comments do not necessarily have to deal with Canadian cases or the Canadian legal profession. Please feel free to write about any important or controversial legal events or cases that have taken place in the international sphere. We look forward to hearing from you! Please consult the masthead for details on how to submit your letters or articles.

COMMENTARY

f

Ultra Vires

6

social awkwardness of introductions, we summon the police to escort the naif out (as happened one afternoon in Property Law II last year). Why would we think to call the police? If a student attends U ofT, how can he be trespassing? Only because U ofT and U of T Law are two different institutions.

We have been advertising the 501h anniversary of our little corner of the campus. No one else seems to pay any mind. We don't 1nv1te anyone from the rest of the university to congratulate us Why would we? They go to that other school.

Perhaps this is just a ghost of the future.

When we are all lawyers, will we only interact w1th other lawyers? Will we be separated from society as we are now from the university? Will our status as Citizens, equal to all others and entitled to no more than they, be as illusory as our status as U of T students?

One should be hesitant to be so pessimistic But expect it.

Aw, Shucks ...

Straight to the Hart Dear Ed1tor, Apropos, your clutch of articles on the social propriety (or impropriety) of sexual morals on page 9 of Ultra Vires (9 Nov. 1999) viz., "Regulating sex," "The vitality of sleaze" and "Sweet Escorts case," etc. ,- m1ght I suggest in the interests of broadening the perspective, that you excerpt a few pages from the lively debate of a few years ago between Professor H.L.A. Hart and Lord Devlin on Law and Morality.

Joseph Stables (Auditor) Toronto

Student recalls marginalized professor

cal musing. What happened in 1997, however, was too much for her to bear. When the faculty hired a white person for 1ts new position in race and gender issues, Apn forced

BY VILKO ZBOGAR her unwilling and paralyzed fingers to type an open letter to the dean criticizing the faculty April Burey had a rare ab1lity to truly infor perpetuating systemic d1scnmination against visible minorities in its hiring pracspire her students. She was a wondertul protices. The hiring process highlighted how lesser and a sensat1ona\ teacher. She made out-of-touch the administration was with the her students want to learn and to really think reality of discrimination. about how to approach the law. Despite sufIn hrring a woman for the position, the hirfering from Multiple Sclerosis and being confined to a wheelchair for the latter part of ing committee was able to understand that her life, she possessed a contag1ous zest for only a woman could truly teach gender issues. For some reason, it could not similarly life. Her radiant smile lit up a room when she entered, and her charm lingered long after grasp that race issues can be properly taught she left. She was a gift. only by racial minorities. Personal experience Her passmg on December 12, 1999, was 1s integral to one's understanding of the law. a tremendous loss, especially for those who This is not to detract at all from the pernever had the privilege of knowing her. She son who was actually h1red. The professor filled a umque place at the law school, which who was hired is remarkable in her own way - a diligent academic who is very well-read can be a d.spiriting environment for students who do not conform to the mainstream. April on race issues and is an excellent teacher. was someone we could turn to when we beRather, this is an admonishment of the hircame disheartened. Perhaps she was s0 adept ing process. By hiring another white person at encouraging us and helping us regain our into a faculty which included only one tenperspectives because of all of the adversity ured professor who was a visible minority, that she faced and conquered in her own life. the hiring committee implied that there is not one single minority female qualified to Like a mom, she seemed to understand and to know just the nght things to say. teach race issues at U of T. The administration defended itself by hidShe usually dealt with setbacks quietly through personal meditation and philosophiing behind "merit" criteria, but the merit cri-

s the student newspaper of the Faculty ol Law at the Umvers ty of Toronto. Our goal IS to provode a forum on whoch students can exchange their Ideas We hope to fosler a sense of commumty wlthon the Faculty of law, the UniVersity as a whole, and tho greater City ot Toronto It •s our m1ss10n to Increase studenl awareness of legal and sooa ISSUeS and. on tum. lo encourage our peers to contrlbute to lhc many COfTII"1Un•tios of wh1ch we are a part

Volume 1, Issue 4

teria they used were very subjective and designed to exclude certain people. In April's words, "the standard of 'merit' is so shiftingly and arbitrarily applied by the Law School as to be meaningless .. .. The Law School uses an illusory standard of "merit" as a mask behind which to hide what effectively constitutes continuing discrimination on the basis of race."

So, we now have yet another academic who "fits in," when what we really needed to fill the gap was someone different, and someone who could speak from the heart.

There IS much value in study1ng and teaching race issues from an academic perspective, and indeed that is necessary that is how I am spending my term. But never can a white person assume authority over experiences of oppression by mmority groups.

In using merit criteria to d'scriminate systemically, the faculty missed the point - forgetting about the intangibles which are necessary for this job. April had this intangible quality and it captivated her students. This is the same quality that mesmerized the Supreme Court of Canada when she argued R.D.S. before it.

For confronting the Dean through her pen, April was marginalized by the administration .

Her letter certainly did not endear her to those who would l.ke to preserve U of T as a homogeneous enclave which insists it is open

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Dear Editor,

to all, but really does not mean 1t, and which doesn't really understand what it means to be diverse.

As April was marginalized m life, she was marginalized at her death. At her funeral on December 17, many students, past and present came out to bid her farewell. Several faculty members also came to pay their respects. But not a c;1ngle member of the administration was present Pcrh:lps they ~.on derstood that since they did nothing to make April feel welcome at U ofT, they themselves would not be welcome at her funeral. If so, that was their own gu;lt speaking. April would have welcomed them with open arms, even if they were there for purely pretentious reasons, and even if they were rel1eved to be rid of this perceived thorn in their side.

Though she would forgive, April could not understand how the administrators could live w1th themselves, knowing that they are part of the reason that the law school remains the exclusive domain of the privileged and where few minorities are permitted to tread.

As April always used to ask, "how are they able to sleep at night?" April died free of the ignorance that afflicts the administration, so I know that she will sleep well. She will rest in peace. But her spirit lives on. So does her compelling letter and the spin! within it (see http:/www.geociti es.com/ca pitol hi 11/2 3 81 I uoftlaw-burey.html). I'll miss you, Apnl.

Editor- n-Ch1ef Melissa Kluger

Online Ed•tor Devon Rutherford

EDITORIAL

Is the LSAT racist?

Dear Editor,

Remembering April Burey (1960-1999)

ULTRA VIRES

,

Sacks and Sacks of Letters

Ghost of the Future The TA's are striking and nobody at the Unrversity of Toronto law school has any reason to notice. Classes are being disrupted across campus, undergraduates are warned that they will not get their required credits, and the law school is oblivious Of course it is. The Univers1ty of Toronto and the Faculty of Law are entirely unconnected. look at the evidence: the law school does not avail ttself of the same grading system as the rest of the university. The law school has a spiked fence surrounding it, the sort of fence that looks strangely incomplete until you Imagine a few heads Impaled upon the sp1kes and placed as an ominous warning to outsiders who dare ponder trespassing.

Of course, if outsiders do trespass, we are much more civilized than that. If a student from the un1vers1ty (I mean, the University of Toronto) comes in, perhaps to check out a class and see what things are like on this part of campus, we politely avoid h1m. Rather than risk confrontation, w1th the possible

7

9 November 1999

Ultra Vtras is an editorially aulonomous newspaper working In cooperabon with tho Faculty of law's Sludents' Law Society (SLS). Ullra VU"es ts open to contnbu!lons which reflect dtverse potnts of v1ew. and ots contents do not necessanly reflect the Views of tho Faculty of law. lhe SLS or the cd•tonal board The ed1tors welcome contro· butions from studenls. faculty and other Interested persons, but reserve the right to edit submissions for length end content

Commun.catlons Centre Falconer Hall 84 Queen·s Park Crescent Toronto. Ontano M5S2C5 ultra.vores@utoronto. ca INWW.Iaw utoronto.ca/ultravires Advertls1ng inquories should be sent to Eileen Costello at cneen costello@uloronto.ca Ultra Vtres IS published monthly. and Is printod by WeUer Publishtng on Toronto Ctrculation 2000.

I am a semi-retired freelance writeriresearcher whose work involves scanning all the U ofT newspapers in Robarts Library from time to t1me. As a rule, I spend about ten minutes on each paper.

But I am pleased to report that the maiden issue of Ultra Vires kept me engrossed for maybe 40 minutes because of the consistently high quality of the writing, not to mention the range of general interest topics. The Nunavut piece is a scoop worthy of, say, the Nat•onal Post, but then all the articles are exceptionally well-written.

P.S. As a former hippie whose game was fnsbee, I am awed by the brilliant sportswriting 1magery exemplified in a sentence like ".. .the blatant fouls of OJ Steady Rock, the jaguar speed of Gary Margolis, or the velcro hands of Ann Perry." The velcro hands of Ann Perry. Somebody will steal that. Somebody like moi. Just kidding.

Larry Gaygan Toronto

The unofficial truth Ed tor, Hey there, great paper. • .great look... a welcome dose of reality after being inundated with the flood of feel good propaganda we get before coming on board for our first year. .the info you provided on financial aid and the housing situation were particularly mteresting and a nice counterpoint to the "don't worry, everything will be alright when you get your packages in the mail" response that my inquiries have generated so far (without implying that the admissions staff have been anything less than helpful).. . get there next year. . . cheers, Aaron D Law - 1, Victoria, B.C. (via e-mail)

Launching a human rights inquiry into the cause for his rejection from law schools , Selwyn Pieters uses in his public relations campaign words bound to spark passion, but obfuscate reason or sensibility. Terms such as "racist," "discrimination," and "underrepresentation of visible minorities," do little to clarify or help resolve the issue at hand. It is not the words, in and of themselves, that are problematic but rather how they are used; as is so often the case, here they have been used imprecisely and inaccurately.

Here is the thrust of Mr. Pieters' claim: he argues that since "members of racialized groups tend to score lower on standardized tests like the LSAT," then "because of [his] race and colour, [he has] been subjected to racial discrimination by the Adm sisons Committee," specifically through the committee's use of LSAT test results in we1ghing his application. Just what Pieters means by "racialized" is unclear since he uses the word incorrectly, but, given the context, I'll assume he means "non-caucasian." If th1s 1s right, then in saying that he has been discriminated against because of his race and color, Pieters assumes that the reason non-caucasians score lower on standardized tests is because of i.e. it 1s actually mechanistically caused by their race.

This is clearly an absurd assumption. There aren't any "mental" differences between whites and non-wh1tes, are there? D1fferences In innate thmking abilit1es, better propensity for semantic operations, spatial tasks. synthetical ability, or anything like that? I certainly don't think there are, and I don't thtnk too many educa ted people think so either.

Surely the differences between being white and non-wh1te (I use this false dichotomy only to remain consistent with Pieters' own characterization of "racialized groups") are merely physical; most saliently, that difference is one of skin-color.

If there are no inherent characteristics that allow one race-member to perform cognitively better than a member of some other race, then it seems a little silly to attribute d.fferences between LSAT scores (a cognitive task) to being due to race, doesn't it? Clearly, the differences aren't because of race; they're correlated to race. And thus, the issue is clearly one of cultural -and not rac1al - differences. No doubt there is often significant overlap between the two categories; but the important thing tc;> note here is that there is no necessary connection between being a member of successful LSAT racial group X and rece1ving a good score, or being a member of unsuccessful LSAT racial group Y and receiving a poor score.

This is not surprising. Most everything related to thinking is culturally derived: what we believe, the manner or mechanical form of our cognitive operations, the sorts of thmgs that are the focus of our attention, our language - all are dependent on social parameters and conditions.

What do we do about this? This is a difficult and complex question, but at least the

right question has been asked. We have moved equally trained in those cognitive faculties, from saying that the LSAT is "racially biased,'" not by pretending that those faculties are not leading to "racial discrimination" - which, if pertinent to the profession.

If we ask those quest1ons we have a good true, prima facie demands rectification - to chance at arriving at the nght answer. If we saying the LSAT inevitably creates at least don't we'li just chalk up one more needless, minimally different results amongst identrfi· unwarranted, and utterly unwanted able cultures - which, if true, does not necracialization of a non-racial issue. essarily demand rectification. The debate over whether, and to what extent, to correct cui· Paolo Tonelli tural differences and performances is an open Faculty of Law one; the debate over whether to correct racial inequities is not.

My point here isn't to assert that there IS in fact nothing wrong w1th the LSAT. All I'm trying to do is point out the right questions that need to be asked with respect to an- ' swering Pieters' claim. First, the issue is not one of race; it's one (if anything) of culture: being white or otherwise does not inherently or genetically confer some difference in cognitive ability. Second, we need some evidence - not anecdotal whining - that the test actually creates cultural bias. Third, if such bias exists, we need to critically ask whether that bias should, in fact, be corrected. No doubt we should seek to correct such cultural biases at some level - but surely not by changing the test or the standards of the profession. Energies would be better spent on ensunng that all cultural variants are roughly

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Ultra Vires

8

DLS Looks to New Services and a Future Without Squirrels

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Destination

Student learns practical realities of government immigration policies

BY CAROLINE SAND

Eric Adelson and Kathleen Ritchie, both founding mcmhcrs of Enterprise Legal Serv1ces and now at Sm1th Lyons, VISited the school on November 24, 1999, and spoke to ELS studentsa about incorporations.

ATribute to the Schlifer Clinic The staff at the Barbra Schlifer Commemorative Clinic (BSCC) are preparing for their largest fundra1sing mitiative, the annual special event - "A Tribute to Friendship." This event is an elegant afternoon brunch held at the Westin Harbour Castle Hotel between noon and four p.m on February 27, 2000, featuring a buffet, live musical performances, a silent auction, and many prizes.

• In the past eleven years, the Cl inic has provided services to over 19,000 women m the greater Toronto area. Part of the reason for BSCC's success in meeting the demands for its specialized services has been the gen-

erous financial support of the broader community through private fundra1sing initiatives.

This February 27, it IS expected that between four and five hundred friends and supporters of the BCSS will come together to enjoy the afternoon, which will include a celebrity host, delectable menu and exciting entertainment.

Those interested in attending the popular event should contact as soon as possible either Kathy Lipic at kathy.lipic@utoronto.ca, Allison Ra lph at allis1on.ralph@utoronto.ca, or Shashi lyer at the BSCC, (416) 323-0661, or (416) 323-9149 ext. 250.

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CLUBS

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Parkdale Legal Clinic Fights for Justice

Public education program will help 519 Community Centre

as a successful, student-run legal enterprise.

A further indication of the clinic's evolution is its move to take legal education into the community. In an effort to develop a long term, proactive commitment to public legal education, DLS has teamed up with the 519 ComBY LINDA MEL!'.'YCHliK munity Centre in the gay village to del1ver a series of public legal education workshops.

The millennium d1d not go unnoticed at This program seeks to provide participatory, Downtown Legal Services. In fact, the informative workshops designed to meet the university's student-run legal clinic started diverse needs of the community that the 519 2000 with a bang. The current academic serves. To this end, the workshops will cover year has the clinic seeing dramatic transition tenants' rights, equality in accommodation, with new offices, new computers and a new employment standards, discrimination and harrassment in the workplace and the law of programme for public legal education.

Last fall, along with Enterprise Legal Ser- indecent acts and bawdy houses. The final vices, DLS moved its intake office from the workshop in April will be tailored specifically squirrel-infested quarters at 91 St. George for victims of gay-bashing and will lead parStreet to 713 Spadina Avenue, a shiny new ticipants through the process of filing a cia 1m office just across from its administrative of- at the Criminal Injuries Compensation Board. fices. The new office is convenient, clean and With these seminars, DLS plans to build a houses no wildlife! As seasoned veterans of strong relationship with 519 and produce a DLS are painfully aware, the technology at series of participatory workshops that can be DLS never needed a Y2K bug to crash. Thanks tailored to other communities in Toronto in to the tireless lobbying of the DLS executive need of legal information. and the painstaking implementation efforts At the end of this month, DLS will bid its of Crarg Lockwood, DLS's technology chief, current executive farewell. Annual executive the clinic has been summoned out of the tech- elections will be held on January 26th and nological dark ages. The archaic networks of 27th. On January 25th, executive candidates old Macs have been abandoned and student will be speaking in Falconer Hall's Solarium. volunteers will be pleased to see new PC's, a All DLS volunteers and credit students are Windows interface, and a server that works. encouraged to help welcome in the team that What a concept. will lead the clinic through a new squirrelThese new changes illustrate DLS's growth less and crash-free year.

25 January 2000

& CLINICS

I began my semester working in the immigration division at Parkdale Community Legal Services (PCLS) with about as much of a background in immigration law as one would expect- one course in Citizenship Theory and Immigration taught from a liberal perspective. I did not go into PCLS with a nai've understanding of Canada's immigration policy.

The fact that Canada admits immigrants mostly according to its own self-interest, and rarely for humanitarian reasons, was something I had already taken for granted. What shocked me is just how horribly Canada's immigration policies treat the average immigrant of low socio-economic status. What I learned about Canad1an immigration policy leaves me profoundly cynical, horrified, angry and ashamed.

I learned that it takes several years for anyone's immigration application to be processed. This is true even of convention refugees who manage to scrape up the enormous fee charged by Immigration Canada just to apply for landing in Canada (once they have been declared convention refugees, they are eligible to land and are thereby irremovable from Canada). When I called Immigration Canada to inquire about one client, a convention refugee from Somalia whose application for landing had been submitted over four years ago and whose entire family is living in Canada excluded from the benefits of landed immigrants, I learned that files had "desk life" and "shelf life." The immigration officer who answered my call quite courteously explained that the reason my client hadn't heard from Immigration Canada for almost a year, despite repeated attempts to find out about his file, was that for the last year his file had been "shelved," but not to worry, because it was soon scheduled to be replaced on the "desk." That's just how it goes, "and who knows how long the file will sit on the desk before it will actually be looked at," the immigration officer candidly remarked. Two of this Somali refugee's children were finishing high school and anxious to go to university, but are only eligible for student loans as landed immigrants. They will probably not be able to attend university otherwise. The cycle of poverty continues.

I learned that Immigration Canada spends a lot of time and resources devoted to searching out, detaining, and deporting people who have been unlawfully residing in Canada yet who have been living qUiet, peaceful lives as contributing members of Canadian society.

While I was at PCLS, one client (a mother of five children, four of which are Canadian citizens and one of which is mentally retarded and in need of special care wh1ch she had been receiving from her mother) was detained by lmm1gration Canada and scheduled for immediate removal. The mother was detained after she had initiated an application for consideration for landing in Canada on humanitarian and compassionate grounds. Her young children were detained with her because they were in her care at the time of her arrest.

Talking about young children, I learned that despite Ontario's progressive legislation requiring all children of school age to attend school regardless of their or their parents' or guardians' legal status in Canada, Canadian immigration policy has made "student authorizations" mandatory for any student wishing to attend school. The only way to obtain these authorizations is by submitting an application to Immigration Canada. The consequences?

Children whose presence 1n Canada is not legal are not permitted to attend school, and children who are legally in Canada, including refugee children, are kept out of school, in some cases for years on end because it takes that long to process their applications. Rather than working to integrate young immigrants into Canadian society as quickly as possible,

clients, I had to read the letter from Canada Immigration three times to understand the nature of the decision because the letter was worded in such complicated and convoluted terms that it was difficult to discern if my clients should breathe a sigh of relief or pack their bags. And English is my first language; for most immigrants to Canada, it isn't.

The list goes on and on and on. I am grateful to have learned about the hundreds of obstacles immigrants face in Canada . My semester at PCLS coincided with the controversial arrival of the infamous "Chinese Boatpeople" who arrived this past fall at the port of British Columbia. If I hadn't been at PCLS, most of my understanding of Canadian immigration policy would have come from the media and I would have thought that more

Students Volunteer for International Human Rights

BY L ISA TOMAS

An old African proverb declares that "one volunteer is better than ten forced individuals." This principle (ings true today, when service to the community has become increasingly important as the awareness of imminent needs is expanding and justice is denied to so many on the basis of lack of access and inadequate resources Technology and increased global communications have increased the scope of aid even beyond na· tiona I borders. One way law students at U of T are illustrating their commitment to looking beyond their own backyards is through the establishment of a student chapter of the national non-profit non-governmental organization - the Canadian Lawyers Association for International Human Rights (CLAIHR).

Now in its eighth year as a national organization, CLAIHR is charged with the relatively broad mandate of the promotion and protection of human rights internationally through the use of law and legal institutions.

In past years, law students have participated through various internships. This year, students have established a student club under the guidance of Jennifer Bol, a recent alumnus of the faculty.

The major project this year will be to provide assistance on the NGO-coalition-effort to work with police, the judiciary and medical pro1essionals in the Dominican Republic.

This assistance includes conducting legal reThe majority of the 5tudcnts at the ParkJa\c clmic arc from O~gooJc, while a sma\\ number ofU ofT search and de'Jeloping re\e'Jan\ \ra'ming ma· ter;ats. The goal for the group 1s to work toa task quite easily accomplished through the refugee claimants in Canada are fraudulent wards a positive interpretation and proper public school system, many young immigrants than real. I would also have concluded that implementation of amendments made to the are forced to stay home all day, being demost people seeking admittance to Canada Dominicain Republic's Criminal Code in 1997. prived access to Canada's language, culture are looking to outsmart the fair immigration Significant modifications include allowing and citizens. And what are the parents suppolicy standards Canada sets, rather than see posed to do with their children who have that most immigrants to Canada are people women to charge their husbands or partners with the crime of domestic violence. Penal been denied entrance to school when they desperately seeking a safe and peaceful place sanctions against domestic violence are not go out to work to support their families? On to live, work and raise their famil ies. even addressed in such a direct fashion in several occasions, I called the homes of some Canada's immigration policies have never the Canadian Criminal Code. of these families and learned that young chilbeen altruistic. But, we are living in times Beyond the research and training, fundmg dren were forced to stay home alone because when countrieS are signing international agreeis needed to complete the project. One effort their parents had absolutely no alternative. If ments that promise to provide humanity and undertaken by CLAIHR students is the upsomething were to happen to one of these compassion to those in need. Canada is one coming Faculty Lunch Auction scheduled for children, would this implicate the Ministry of of the most enthusiastic signatories to these February. All are encouraged to loosen their Citizenship and Immigration? universal declarations. It is t ime for some folpurse strings and purchase lunch with the I learned that even in cases where a posilow-through. faculty's finest, including Professors Duff, tive decision was rendered on behalf of my Langille and Weinrib, among others.

Rwanda Working Group Makes Great Impact

BY DIYA NIJHOWNE Last term the Rwanda Working Group at the faculty of law conducted research on jurisdictions throughout the world to create a 30 page memo addressing "The Rights of the Girl Child in Armed Conflict." The memo was to be presented to the International Criminal Tribunal in Rwanda (ICTR). The intention was to inform the Tribunal on how children, and girl children specifically, are affected by the ravages of war and how their experiences require the implementation of sensitive procedures when girl child witnesses and victims come before the Tribunal.

The memo consists of three main sections.

The first describes the rights of the girl child

under international law. The second considers the types of special measures that should be taken to protect a girl child witness at the pre- trial level. Finally, the third section outlines different procedures used in courts around the world to protect girl children at the trial stage. Such procedures include the use of hearsay ev1dence, or the utilization of taped interviews with a child so as to avo1d her having to provide testimony in the intimidating atmosphere of the court, and to prevent re-victimization by requiring the child to recount her experiences several times. Examination and cross-examination by intermediaries such as social workers, rather than lawyers, was also suggested, as was the use of closed-circuit television, whereby the child

is examined in a separate room from the accused.

The memo (available in the library) has had a greater impact than was envisaged by the group. It was circulated at the International Criminal Court Preparatory Committee meeting in New York and as a direct result of the memo, the rights of the girl child have been identified as an issue that needs to be considered in the development of the new International Cnmmal Court (ICC). Indeed at the ICC meeting in Siracusa, Italy, in February, at which the rules for the new court will be developed, two and a half days have been set aside to discuss children's issues.

Ultra Vires

10

Law Games: U ofT's Honour Restored Large contingent visits Ottawa to compete against other schools

Law School

Washrooms: A Cultural Study in the Making

BY MEussA KLuGER

BY

MATT Dum

!Editor's note: On Wednesday, January 13 a band of hearty souls set out for Ottawa to restore the honour of this Faculty at the annual law Games. Although McGill was the ultimate vrctor, it seems our team got more than their share of the spoils. Here, in the words of one survivor, are the highlights of that trip.)

First let me preface this article with an apology to those of you whose incidents were not mentioned in this report. Either I was too drunk to remember your antics, you didn't entertain me enough, or you were wise enough to avoid me at the games.

To understand our mrssion you need to know a bit of history. Last year we were supposed to host the games, backed out at the last minute and then didn't even send a team. As a result our reputation has become that of a school full of nerds and snobs. It's safe to say that this year's team amended that. We can now proudly boast a school of charming per-

sonable binge drinkers, a few good athletes, some solid gold dancers and even a few Casanovas.

We loaded up the buses on Wednesday determrned to restore our lame reputation. Spe cial mention must go out to my bus partner, Sonja Felderhof, for cracking Gin and Tonics with me just before the bus hrt Yonge and Bloor, Paolo Tonelli, whose re-enactment of Clash of the Titans (complete with flexing) was the worst display of charades ever, and Judy Michaely, for the raunchy sex trivia survey.

Brad "the cuddler" Moore single-handedly sought to rid our rep as a school of corporate money grubbers by working coat check at the bar pro-bono. Alex Cohen and Sara Zborovski displayed their interest rn the arts by attempting to commandeer part of a butter sculpture that had been an U of 0 icon for generations. U of T clearly dominated the dance floor at Topaz with Paolo's and Jake's mandatory crowd surfing. Desprte being surrounded by gorgeous young ladies I felt strangely compelled to grind it out with Craig "who's your daddy" Lockwood.

We knew we still had work to do, however when some chump asked in all seriousness "Hey is it true that you guys skipped all the sporting events to study?" I believe that the athletic prowess of our sports teams more than answered that question.

The Hockey championship plaque- dubbed the most sought-after trophy of the Games was triumphantly lifted by none other than our motley crew. Special mention must go out to Emmett Connolly for not allowing a single goal through the entire tournament, despite having never ever played goalie. Not

bad for a team of eight skaters whose coach (David C. Horney) was way too hungover to get out of bed, and had to be replaced by Marcel and Sean. Needless to say, some of our bench clearing scuffles should have been avoided but Matt Cumming has promised to undergo rage therapy. "Why do you guys make fun of that Matt Duffy guy - he's not THAT bad!?!" Eat your heart out Dave Bronskill, although I still hate the game and everything about it.

On the basketball court our Varsity blues won gold by beating heavily favoured crosstown rivals Osgoode in a bitter grudge match.

Although let's be honest - the lack of refereerng was clearly to our advantage as there were more muggings in that game than on a cold day in the Bronx. Karen Sullivan epitomized our team grit with her black eye compliments of Emmett "the human grenade" Connely. Steve "Big Daddy" Crozier dominated around the hoop and Pat Gleeson was money from downtown.

Our Marathon Aerobics team placed second and Mrndy Noble was especially robbed in the indrvidual category. I've sard it before

DIVERSIONS

and I'll say it again marathon aerobics is all politics. Julie Stanchieri deserves honourable mention for getting a stress fracture in her foot during the marathon and Bram Atlin is still mad because no one would let him enter. Edwin Wong and Karen Sullivan placed second in badminton. Jamie Nelson gets drshonourable mention for the fastest ejection of an indoor soccer game, despite berng seen later that night holding hands with the girl whose life he had threatened.

Thanks to Hari Viswanathan, Kathy Bromley and Grant Russell our team also won the battle of the bands. Granted they were the only kids bright enough to bring their instruments, but, hey, a win is a win. Our trip was not all booze and sports, however. Karen Park and Yoav Hare\ placed second at the academic debates ... er the rest was booze and sports.

We must thank Darlene Gilliand for her tremendous organizational efforts. Also thanks go out to Matt Salmon for the swaying buses, Sherla Grbb for the best uniforms at the games, Karen Sullivan for arranging sports and Karen Park for creatrng the cheers. If any one has any dirt on Sheila or Darlene (and I am convinced that they are hid.ng something) please see me.

And while at present my liver, wallet and brain are still not speaking with me·_ my antibiotics are kicking in and I anxiously await next year's law games for an even bigger and better bender/learning experience.

Anne Grnham, Dave Chorney and Cherie Brunt.

As a small woman with a proportionately small bladder, I have become somewhat of a connoisseur of washrooms at the Law School At first, the fact that I was a bastion of washroom knowledge was not apparent to me.

When I began to share my observations wrth other women, I realized that there was a whole cultural study of law school washrooms just waiting to happen .

It all started the day I had to change into a suit. Heading to the Flavelle washroom closest to my locker, I realized that I just couldn't change there. That washroom's got issues.

Water floods the counters and there rs not a safe dry surface to be found. Putting asrde my own self-pity, I realized that there are women with children who may need space to change a diaper or breast feed. I wouldn't put my knapsack on one of those counters, let alone a baby!

In comparison, the washroom on the second floor of the library offers a welcome respite. Points for cleanliness, good lighting, dry counter and a nice mirror. Granted, all the washrooms in the library are of good quality, but the others have their drawbacks. On the first floor I frnd something uncomfortable about the fact that just one door separates me and the shelf of Ontano statutes. In tho basement, there is a fine unisex, handicap accessrble washroom. Only problem there is that to lock the door you push a button. With out hearing any sort of sattsfying click or watching the light come on in an arrplanebathroom sort of way, I am just never satisfied that it's really locked.

Across the parkrng lot, the washrooms m Falconer have many of the suitably quirky aspects one might expect in the old house.

Some students have raved to me about the unisex washroom on the main floor because of the full-length mirror. I, on the other hand, prefer the two-stall women's washroom.

Again, good counter, good lighting, appropriately clean. Then there's the washroom across from the Career Development Office where one always expects to run into a Dean or someone willing to read over your resume.

Also, that washroom comes equrpped with (presumably staff?) toothbrushes. How very trusting ...

But my very favourite washroom can be found on the top floor of Falconer. Not for lighting or counter space but because of the Ally McBeal quality it once possessed. There are two stalls and two sinks, but until re· cently no sign outside indicating which gender was to be found within. A wise woman told me that to avoid awkward moments with Professor Trebilcock and the many other male professors up there, the best thing to do was to shut the main door and have the whole washroom to oneself. I guess this was comforting, but one could never know if the professors were doing the same.

All in all, it seems there is a washroom for every taste at the Law School, providing opportunities for adventure, vanity, and gender questioning. This should really be in the bro· chure.

11

9 November 1999

As If One Degree Wasn't Enough Law Achieves Ultimate Result Forced self-disclosure in Social Work

BY MARCUS SHANTZ

BY Au ENGEL Instead of boring you with an article about the pros and cons of the combmed LLB/MSW program, I thought I'd share a short anecdote of my experience at the Faculty of Social Work which, good or bad, would most likely never occur at the Faculty of Law. This being the Diversions section, I hope that the story will amuse the intense intellectual law students who have never been witnesses to a socral work class.

This is the story of being asked to participate in what I call unnecessary self-disclosure m my counselling class. The situation began with a discussion about the stereotypes and myths which sexual minorities face in our society. Class members threw out common phrases such as "being gay is a choice" and "all gay men are effeminate and all lesbians are butch" as examples of faulty myths. I wanted to take the issues a step beyond this rather simplistic level, however, and added the idea that, while for many people being gay or bisexual was not a choice, as social workers it is important to question why we care if it is a choice at all. I also questioned

why it rs that effemrnate men or butch women are seen as threatening. Why do we need to prove that not all gay men are effeminate and that not all lesbians are butches? These comments were posed, of course, to further class discussion about sexuality.

1 did not exactly elicit the type of response I was hoping for. Rather than taking on the intellectual questions about gender, the professor (I'm sure with the best of intentions), stared at me and asked, "Alison, you seem to know a lot about these issues. Is there something you'd like to share with the class?"

Needless to say, there was absolutely noth· ing that 1 wanted to share with the class. Or, rather, I had already revealed my significant thoughts that we should question why we are so threatened by gender reversals and by "choosrng" sexuality. "I apologize if I put you on the spot," the professor added once she realized that she had done just that. It is interesting that an academic question about challenging gender should prompt a response of personal support regarding my own sexuality. Oh well, next time I'll be sure to wear my "strarght but not narrow" pin to appease the fear of ambiguity. Only in Social Work.

~ffiA money-grubbing

BY DAVID MOON I remember first walking into the atrium of the Joseph L. Rotman School of Mangement, and being wowed by the ultra-modern, openspace concept, the comfy brown sofas, and ~\ ·=-;~:'·~ttl'lhe wind1ng stairs that seemingly lead upward to wealth, power, and prestige. Classrooms with high-tech seats and audio-visual equipment, 24-hour building pass cards, and our very own MBA computer lab and lounge -standard Rotman fare. Add, of course, considering the fact that the courses would be cinch, the exams a snooze, and lots of free booze available, what more could be wanting for an enthusiastic LL.B. drone such as myself.

The building is still there, with the barfcoloured seats, busted AV, and broken com-

a

pulers, but little else that resembles the fantastical dreams of my delusional expectations. (To be fair the technical stuff has been repaired, but my perception probably needs a little more brainwashing). A semester into the program has left some of us with the bitter taste of bile in our mouths, our egos bruised, our brains drained, and our spirits half-destroyed. Beaten and bloody, knocked to the ground with a trickle of slime oozing from our lips, we stagger to our feet ... we Doing the MBA is a good thing. It adds both value and perspective to your education. It feels good working towards those extra-three letters and I would encourage others to join the program if they can. Be all you can be.

Take from the rich and give to yourself. MBA. Rah rah rah.

Law defeated Medicine 5-3 in the Intramural Ultimate Final at Varsity Stadium on November 14, 1999. A record crowd of four fans offered polite support.

The road to Varsity was littered with the steaming remains of Physics and Engineering teams, consumed by Law in prior playoff action.

A top-seeded Physics squad fell in a desperate semi-final match that saw fourth· seeded Law claw back from an early two point deficit to win 9-8. Law met Engineering one week later in a nasty Final Four round that featured a tough cross-field wind and humourless opponents. A hat-trick by captain Kathy Bromley and preternatural defensive efforts by rookie-of-the-year Amir Sperling sealed Law's 8-6 win.

But the price of victory was high: Bryce Edwards left the field due to an ankle injury, while enforcer DJ Steady Rock was hobbled by a severe hangover. This left Law with only one substitute male player (Law's hardy women played this and most other games with no substitutes).

Thus it was that, one hour later, Law faced destiny at Varsoty Stadiun. Against Medicine's deep bench and a strong downfield wind, Law fielded only the will to win. The first half was almost entirely consumed by Law's unsuccessful attempt to score an elusive upwind point in twenty grueling minutes of non-stop play.

Undaunted, Law returned after half-time to score against the wind and a fresh Medical squad, clinching the game. Handler Justin Young's expert ability to pass into the wind was crucial to the win.

With a championship victory, Law's only remaining task is to consolidate its success by building a dynasty and, above all, widening its fan base. This will, in the main, depend on the efforts of controversial GM Nick Adamson. Adamson- notoriously wary of journalists - declined to comment on his strategy for winning fans. Inside sources suggest the team may lobby for federal funding for next year's season.

Veteran Bronskill Sets Eyes on Jennings Cup H ockey team loses final to Engineering

BY BRAD M ooRE

Dave Bronskill's eyes tell the whole story.

They are eyes that have seen the glory of victory and the anguish of defeat. As playercoach of the division II men's intramural hockey team, he was there last year when Law both hoisted the coveted Jennings Cup and then saw it stolen by a rival in the winter season. This year he watched as a potential Law powerhouse assembled itself, annihilated much of the competition in the regular season and playoffs, only to lose the final 4-0 to an outplayed but persistent Engineerrng squad.

This semester is his last dance with Lady Jennings, and he knows it.

It's an old story in the world of sports; the grizzled old veteran taking one last run at the big prize before stepping off the stage, to be heard no more. The inevitable comparisons come to mind: Lanny McDonald in 1989, John Elway in 1998 or 1999, or Wayne Gretzky in 1993. It is a moment of eternal triumph when the hero wins and trme's relentless onslaught is resisted for a fleeting moment, but such victories are all too rare.

For Law to capture the prrze this semester, several factors must come together. The high-octane offence, led by Cumming, Ali, Duffy, Nelson and Moore that produced eighteen goals in t he quarter- and semi-finals last semester sputtered in the final and was blanked by a tight-checking opponent and a hot goalie. Consistency will be the primary

concern up front. On the other hand, the defensive unit anchored by Bonn that produced several shutouts last semester has to avoid costly and untimely breakdowns while . establishing more of a physical presence in the defensive zone. Many observers and oddsmakers see Law as having all the pieces to build a Jennings Cup team, but whether those pieces come together remains to be seen.

So for now Dave Bronskill will wait. As always, he will be at the rink before everyone else, sitting alone in his Law toque and listening to the sounds of hockey from his perch in the decaying stands of Varstty Arena.

There is no sense of urgency about him, no hurry. But one look into his eyes will tell you a dtfferent story, one of begrudging patience and a profound understanding that the time is now.

RANTS

& RAVES

In the time honoured student tradition of being armchair critics Ultra Vtres presents Rants and Raves. For all of you who pass your time on the couches in the solarium • (you know who you are) griping about the law school and life in general we challenge you to share your wisdom and insight by submitting your rants and raves to ultra.vires@utoronto.ca.

-

Rave - library lounging The couches on the '2"" floor of the library are a fabulous place to make up for those lost hours of sleep and recharge between classes ... it's just too bad that as you slumber there is a good chance your wallet will disappear.

Rant - no lounge lizards We love that we have a "common room" complete with a pool table but question how "common" it can be since it is always loc~ed.

Rave - breaktime November Reading Week was an inspired adminrstratrve decision - what trmrng!

Rant - climate control WHAT climate control?

Rant - Head notes and notes and notes ....

How many more rnnocent trees must be sacrificed in the name of large fonts and overadvertising? We know the info is important but couldn't we try 10-point font or maybe even an on-line edition?

Rant - Grand Seating We love the grandeur, solemnity and ceremony of the Grand Moot- but just thinking about being crammed into the MCR again makes us claustrophobic. Is there any reason - except for the "MC" in MCR - that we could not have a change of venue for next year?

Movn:.s The H urncane (Universal Studios, directed by Norman Jewison, 1999)

BY STEPHEN P ARKS

As this film feebly picked away at me through its second hour, I wished that it was harder, more imaginative, or that it would stop flaunting its inadequacies with lines such as ''the pen is mightrer than the sword". The Hurricane is not a bad film; it simply doesn't provide any of the pleasures that might make it transcend the linear story to which it is bound. Denzel Washington, as Rubin "Hurricane" Carter, tells us that he honed his body into a weapon. Too bad that Washington's lovely new musculature is only used for throwing hooks at flabby white actors, apparently unable to raise their gloves like real boxers.

The audience is told that prison is dehumanizing. Yet, when Carter is thrown in the hole, the hacks still feed him. I've lived in worse places.

When the continued absence of brutality and homoeroticism damage Denzel's sanity, his madness is not the tragic vicious circle of violence one might wish. Instead, it is the cheap conflicted-Denzel preventing angryDenzel from making young-therefore-innocentDenzel his bitch. The only real evil in the movie is the continual use of Bob Dylan's song "Hurricane." Once forgotten, much like Carter, the anthem is back now that there is money to be made. To me this seems like adding insult to injury. Too bad I was so bored I had to stretch that far. Meanwhile, love and rhetoric win a battle against one-dimensional bigotry.

•

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