Ultra Vires Vol 1 Issue 5: 2005 February

The Student Newspaper of the University of Toronto Faculty of Law

Volume 1 Issue 5 29 February 2000 www.law.utoronto.ca/ultravires

Follies Poke Fnn US Lawyer Salary Hikes Intensify the Pull South at Faculty, Staff and Students

Silicon Valley prosperity cited as main reason for new mcreases

Bronskill and Di Stasio among brightest starts

New York lucrative, yet costly

BY SIMONE BOXEN

BY}~ESliOFFNER

February, 2000 - Many leading American law firms announced dramatic salary increases for junior associates this month, making the option of practicing in the United States significantly more lucrative for law students at the University of Toronto.

"It's a great time for students," commented Dean Ron Daniels. "Never before have there been better paying jobs or such a broad variety of possibilities." According to the Career Development Office, next year sixteen U ofT law students currently completing their third year will be practicing as associates in New

Marcela Saitua, Carlo~ Rippell, Jo;h Cohen and Stephanie Marrie $tudy the horses during Reading

York or Boston. Twenty-nine second-year stu-

Week in l\arbaJO$. Sec •tory on ?t\I'.C \0.

ents have accepted .summer associateshtps in these cities. Additionally, some students were offered positions in the US but chose to remain in Canada.

These numbers indicate that career opportunities in the US are not reserved for academic medallists, but are a realistic option for many Toronto law students. As the student body and leading Canadian firms come to terms with this new job market, the recent increase in American associate salaries represents a new and potentially significant contour to the employment landscape.

The San Francisco law firm of Gunderson Dettmer Stough Villeneuve Franklin & Hachigian is credited with initiatmg the salary bonanza just before New Year's Day when it raised its first year associate base salary from $95 000 (US) to $125 000. Other San Francisco firms matched this increase. The salary hikes are motivated by an increasing number of associates leaving pressure-cooker law firms to join high-tech start-up companies, located notably in Silicon Valley and, to a lesser extent, in Boston. These companies offer the potential for significant capital gains through stock options and a much more relaxed work environment.

Some New York and Boston firms have already followed suit and others are expected to raise their salaries. At the beginning of February, Dav1s Polk & Wardell raised its base salary from $105 000 to $125 000. Skadden, Arps, Slate, Meagher & Flom raised its base salary to $140 000. With bonuses, first year associates at these firms could reportedly make in excess of $150 000. Testa, Hurwitz & Thibeault, which is based in Boston where the work week is less hectic and the living costs are lower than in New York, raised its first year associate salary to $140 000, but the firm stated that it will not offer bonuses.

While it is premature to predict the full implications of the salary increases for the Canadian legal community, it is not doubted

that they enhance the pull of practicing in the US. Dean Daniels sees these new salaries as creating "a widening and unsustainable gap" between Canadian and US firms.

He is looking towards Canadian firms to remain competitive by continuing to introduce new initiatives as they have in the past few years with increased salaries, hire-backs and tuition bonuses. "If Canadian firms do notremain competitive, then I worry about retaining our purchase," Daniels remarked.

Ward Sellers, Chair of the Student ComBY NOAH GITrERMAN mittee at the prestigious Toronto law firm of Osler, Hoskin & Harcourt, agreed that CanaOver thirty concerned students and faculty dian law firms "need to grapple with what is came out to discuss first year curriculum rea wider and more open market place." US form at a "Town Hall" meeting on February 9 competition is a new reality that will conat the Faculty of Law. The lively debate fotinue, he added, as more American firms reccused primarily on issues of evaluation and ognize the high caliber of Canadian law school diversity in course content. graduates.

The meeting was an opportunity for memWith regard to the recent salary hikes, Sellbers of the law school community to respond ers stated that his firm and others will "acto the First Year Curriculum Committee's distively and with interest monitor the situation," cussion paper, which was released in Januand that his firm is committed to remaining ary. The Committee was given a mandate a market leader. However, Sellers does not last semester to initiate a broad review of anticipate an immediate salary increase from - the first year curriculum, and the discussion the big Bay Street firms. He described the paper's proposals, if accepted, would lead to US salary hikes as reactive moves made resignificant changes to the curriculum and to luctantly and that will have a clear impact the first year experience as a whole. on firm profitability. He drew attention to the At the town hall meeting, Committee Chair fact that Toronto does not have the same Kent Roach emphasized that on one major concentration of high-tech industries as Siliissue - the bridge week program - the Comcon Valley or Boston. mittee has come to no firm conclusions. StuSellers also questioned the extent to which dent Committee representatives confirmed the US salary increase would be determinathat with regard to the bridge weeks, all tive for students deciding where to start their options are still on the table. "We can either legal careers. Considerations of lifestyle and keep them as they are, get rid of them, or the kind of work available are important facreform them," said student representative tors for most students. He has found that the Karen Bock (Ill). main reasons for practicing in New York are Although the Committee sees the four New York City itself and the cache of Wall bridge weeks, spaced throughout the first Street. Having himself practiced in New York

To-wn Hall Hears Division and Reforms on First Year Curriculum

see "New York" on page 2

see "Faculty" on page 3

February 26, 2000 -law Follies 2000 confirmed for many what has long been suspected of the students and faculty of the University of Toronto law school: some of them just do not belong. Not because their LSAT scores were flukes, or because they were accepted based on athletic rather than mental prowess, or even because they used high pressure tactics to force the Dean's hand into signing an acceptance letter (all reasons referred to in one of the skits), but rather, because these foolish souls have truly missed their calling.

U of T law is ripe with talented actors, singers and comedians.

Law follies is an annual production where students and pto~essots a\i\<.e ha'lo a chance \o

po~

\un l!l\ \~m.,.~\"1:!>¡ \"~\t ~\\~l!l'i.)J.~.

and that sacred instttu\ion, 'ltle \J o1,. 1acu''ty of law. Thts year's show, produced by Judy Michaely and sponsored by Fasken Martineau DuMoulin had a brief but successful two day run at Hart House Theatre, where, for the price of a movie ticket the audience was treated to three hours of music, comedy, video, and dance. It appeared that for an audience comprised mostly of students just starting to cram for finals, they were hours were well spent. There was a general consensus that, considering the limtted preparation just a few days of rehearsals - the students and staff put on one heck of a show.

Kudos must first be given to the Law Follies band who kept the audience wtggling in their seats in between each of the acts. Also impressive were the ''Best of the Best" video segments used to shoot down the myth that U of T law students have any sort of work ethic. What they do have, as indicated by many skits, especially the one performed by a few brave professors, are very distinct and predictable cliques. If you're not a "Dean'slister", a "DLSer", or a "Potlucker,' why, you're just a nobody.

The impression that stole the show was Anna-Maria Di Stasio's Celia Genua as Godfather of the Records office. Other noteworthy performances included Martha Shaffer and Abraham Drassinower as two students making out in the back row of a classroom, the bickering Weinrib Brothers competing for Jeo:pardy glory played by- and-, and Steve Crozier as a wickedly funny hybrid of Allan Hutchison and the Austin Powers' character Fat Bastard David Bronskill performed brilliantly as the Law Follies news reader who finally revealed the code the secret library door and Karla O'Regan ruled supreme as a dominatrix Brenda Cossman. One first year student who describes himself as a victim of Cossman's brutal marking curve on the feminist bridge put it this way, "she out-Cossman'ed Cossman!"

2

Ultra Vires

Bay Street No-Shows Dampen Articling Day Spirit .

Toronto firms point to expenses incurred in two recruiting events

BY BEATRICE VAN DIJK

The Career Development Office hosted Articling Day on February 4, 2000. Law firms, government departments and labour organizations created a warren of information tables in the Frontenac Ballroom at the Harbour Castle Westin.

Many first-year students, and fewer second-years attended. Some students were disappointed by the fact that many large Toronto firms chose not to host tables. McMillan Binch, Fraser Milner, Blake, Cassels and Graydon, Cassels Brock and Blackwell, and Baker and McKenzie were among the firms that did not attend. Reasons for the many no-shows are various and complicated.

In the past, firms interested in hiring summer students were obliged to wait until February to begin the recruitment and interview process, according to Law Society regulations.

Last year the rules changed so that summer hiring can now take place in November. Therefore, a career fair only open to second-year summer student hopefuls was held on September 22. Bonnie Goldberg, the Law Faculty's Career Development Officer, stated that second-year attendance at the fall event was close to one hundred percent.

Stephanie Willson of McMillan Binch ex~m~ssea concern that some students might feel that her firm is not interested in hiring from U of T because it did not attend the winter fair. She explained that all the large firms, with one exception, made it clear to every university that they preferred to attend only a September event. Attendance at Articling Days in Ottawa, London and other cities mvolves expenditures for accommodations and transportation. Law firms also sponsor scholarships, speakers and orientation activities. Limited funds for student activities are a consideration. Willson stated that her firm felt the expense of a second career fair at not only U of T, but at every Ontario university as well as McGill was not "the best use of our resources."

Debrah Glatter of Cassels Brock expressed similar sentiments about her firm's lack of attendance. Glatter said Cassels was "overtaxed" with job fairs, and that she felt stu-

dents got the "name recognition" her firm desired from the summer fair for second-year students.

There was some confusion amongst firstyear students as to why many bigger firms were not present at Articling Day. "Where the hell was Baker and McKenzie?" asked one disappointed student. Another said she heard Fraser Milner was not present because recruiters at the firm were annoyed tha~ New York employers seemed to "get a crack at" U of T¡ students before Ontario firms were allowed by the Law Society.

Goldberg confirmed that the Career Development Office was aware of the large firms' cost constraints and preference to attend only one fair. She wants second-year students to understand that even though some firms did not attend Articling Day, they may still have articling positions open.

Although many bigger firms were not present, many students thought Articling Day was a valuable experience. First-year student Mmdy Noble found the event helpful because she became more aware of the diversity in available articling positions. She found significant the presence of many departments from the Attorney General's office especially informative. The Ministry of the Attorney General dominated the center of the Frontenac Ballroom. The Canadian Autoworkers Union and United Steelworkers of America also provided pamphlets and answered questions.

Aside from making connections and learnmg about articling options, another attendee goal seemed to be scoring good giveaways.

'This may have added to the disappointment some students felt when they noticed the lack of large firm representation. As Richard Meloff (I) said: "Man cannot live on cookies alone."

There were still some nice finds available.

Fasken Martineau DuMoulin offered a handy highlighter/ball-point pen. Lerner & Associates gave out faux-marble blue pens in classy silver boxes. Borden & Elliot took the prize for socially-conscious freebie by giving out reusable coffee mugs. Goodman and Carr provided black and white post-it note pads imprinted with the inspired slogan "HARD WORKING LAW".

In the future, both students and law firms will likely become more aware of the role a winter Articling Day can play in career planning. It is best viewed as a venue for considenng the breadth of options within the legal profession, rather than as a recruitment medium for large law firms.

American Life Attracts Students continued from page 1 for three years, Sellers described the "Wall Street" lifestyle as very intense and very expensive. He added that the legal work available in Canada is just as complex and exciting as the deals south of the border.

At the University of Toronto, salary increases have prompted many law students to reconsider their views about practicing in the US. New York and Boston represent expeditious ways to pay off student debt, are exciting places to live, and do not preclude returning to Canada. A view held by many IS that if one is going to work hard on Bay Street, then why not work hard on Wall Street with its higher salaries.

Stephen Cox, a second-year student heading to Shearman & Sterling in New York, is like many students who are treating their summer m New York or Boston as a trial period to see if practicing in the US is for them. For Cox, the money is not a determinative factor and he is concerned about moving away from family and friends. After having visited some New York firms. he warned, "If you're in it just for the money, then you won't last for long. Otherwise, you'd go insane." Yet money is still a factor. Cox acknowledged that the increased salaries make the lifestyle choice to stay in Canada more difficult.

Malcolm Thorburn, a third-year student who has worked in both Toronto and New York and who will spend next year clerking at the Supreme Court of Canada, said that many associates see Wall Street as a good place to earn short-term cash. Since few associates actually stay around to become partner, many look back at their Wall Street experience as a springboard into other organizations.

Thorburn described New York as an incredible, cultura lly-rich city m which to live, especially for those in their twenties.

Despite the attractions of working in New York or Boston, it remains to be seen how many Toronto students will be in it for the long haul. It is widely recognized that summer employment is an absolute sinecure in comparison to working as an associate.

Whereas billings for Canadian law firms generally range from 1800 to 2000 hours per year, American firms average 2300 to 2500 hours and some reach 3000. The typical assoicate in New York frequently works until midnight Monday to Friday.

Jewish Students Conference Examines Law and Politics Borovoy, Gray and Bastarache speak

BY N oAH GITIERMAN

The Canadian Jewish Law Student's Association held its 13th annual conference at the end of January, featuring judges, lawyers, politicians, professors and human rights advocates from Canada and the United States.

The CJLSA is an umbrella organization that facilitates communication and coordinates efforts across all of the Jewish ..Law Student Associations at Canadian schools. The organization also puts on an annual conference.

NEWS

"This is our flagship event," said Jillian Siskind, President of the CJLSA. This year's conference was entitled "Bar Mitzvah to Bar Ads: Graduating into the Millennium" and the invited speakers explored a range of ethical, political, and law-related issues. "It's a weekend specifically designed to meet the interests of Jewish law students," Siskind explamed.

On Friday evening, the keynote address was delivered by Deputy Prime Minister Herb Gray and Saturday contained a full day of speakers and discussions. A vigorous debate erupted during the panel commentary entitled "Is the Law an Approrpiate Mechanism to Combat Hate?" President of the Canadian Civil Liber-

ties Association Alan Borovoy, national legal counsel for the B'nai Brith League for Human Rights Marvin Kurz, and others debated the costs and benefits of Canada's hate speech laws.

Borovoy argued forcefully that, while the hate speech law promotes a valid objective, the cost to fundamental democratic values is unjustifiably h1gh. "Freedom of speech is not absolute, but it's the lifeblood of the democratic system," he said. "To nail Zundel, it's not worth the risk of muzzling everyone else."

Kurz was also energetic in his response,

see "Hate" on page 3

To Bridge or .

Not to Bridge Law and Philosophy week confuses students

BY DAN RUBIN

Februrary 4, 2000 - The first-year class triumphantly submitted their last bridge papers, confirming for the fourth time this year that law students have the ability to read, listen, and dutifully respond. Philosophy and law was the subject matter examined in the final installment of the Perspectives on Law course, and the experience was quite different from the previous three, intellectually stifling bridge weeks.

The course content was more diverse than the others, as the materials and lectures ac¡ tually surveyed a variety of competing theories: formalists and positivists definitely disagree, as do originalists, process-basists, and general willists. The ongoing joke, "Hey, there's a misprint in my materials; it says 'Perspectives on Law' and I'm only getting one perspective," did not apply to this bridge.

This bridge suffered from an entirely different problem. An introduction was needed: Philosophy 101. And more- far more- than a week was needed. There seemed to be an assumption that, as law students, the firstyear class had a foundation in philosophy.

Many speakers chose to depart from the basics in effort to dazzle the students with more sophisticated concepts. Professors, you cannot assume that lh~ ludents know anything!

Most do not know Professor H.L.A. Hart from Hitman Hart.

All this 1s not to say that the students were not intrigued by the material. The makings of an interesting field of study were readily apparent. Professor Weinrib's lecture on legal formalism was certainly thought-provoking, and Professor Benson's Jurisprudence course will be packed next year thanks to his presentation on a public basis of justification.

But that is not enough. First year law students cannot be expected to write intelligently - as in critically - on a subject, no matter how interesting, into which they have been parachuted. It was clear that there were attempts at improvement over last year's philosophy bridge debacle. This year, only ten pages of reading were assigned on Wednesday. And, Professor Dyzenhaus, announced on more than one occasion, that students were under no orders to accept everything being taught; there was an open invitation to criticize in their papers everything that had been presented. If only it were that easy.

Many students surely had an inkling that they might disagree with one theory or another. But that does not a paper make. It is impossible to write about one's confusion without first having the opportunity to d1gest the matenal. More time and more knowledge are necessary to write a meaningful response on the immense subject of Philosophy and Law (or any of the other Perspectives subjects).

It is clear that the faculty recognized the need for change in presenting the materials this last bridge week and made a valiant , if incomplete, effort to do so.

29 February 2000

3

Hate Speech Examined

Bridge Weeks Continue to Receive Criticistn noted, however, that one possibility might be for the school to issue a "statement of aspirations" regarding the content it hopes year, as an effective way to introduce differ- to be taught to first year students. Although ent perspectives on the law, the program is professors could not be sanctioned for failing also criticized for disrupting regular classes to adhere to it, students would be able to and for employing an inappropriate method rely on this mission statement to back up of evaluation. their concerns over course content. "It would Dunng the meeting, Rachel Furey (I) ex- be the equivalent of the preamble to the plained that if the goal is to increase the Charter, and would have just as much force," perspectives being taught to first-year stu- she sa1d after the meeting.

Marta Kennedy (Ill) argued at the meeting dents, the Committee's focus should shift to the content of the core first-year courses. that professors can be told to include certain "People complain that the bridge weeks aren't perspectives without compromising their acabridging to the core courses," she said. "I demic freedom. "The professor doesn't have don't think that this is a problem with the to believe it, they just have to tell you about bridge weeks so much as it is with the core it so you can think about it for yourself," she courses." Furey urged the Committee to look explained.

This issue is even more acute in an era of at ways to encourage professors to increase the diversity of perspectives being taught. "If rising tuition fees. "If professors expect us to the law school thinks it's important enough contribute more money to their salaries, they to have these four weeks, we can't set them need to expect that students will have more aside and say, OK, we're done now, we've say in what they are taught," Kennedy stated. had our critical legal studies," she said after Concern at the meeting also centred around the meeting. "The bridge weeks should be methods of evaluation in first-year courses, the first step, not the end." including the bridge weeks. BenJi Shinewald Demse Reaume, a professor at the law (I) asserted that first-year students are not school, attended the meeting and cautioned given enough time to reflect on their evaluabout the feasibility of telling professors what ated work. Students are given 24 hours for they should be teaching students. "We cur- the bridge week assignments, two weeks for rently exist in an environment of radical aca- each small group assignment, and three hours demic freedom," she explained. Reaume to write their final exams. These forms of

continued from page 1

evaluation constitute almost all of a first-year student's marks. "There should be some opportunity to have enough time to think, reflect, do research, and talk to professors before we hand things in," Shinewald opined.

Jim Phillips, a professor and a member of the Committee, acknowledged this concern about evaluation , but explained that any solution would have to take into account the overall workload students face and fairness between the two first-year sections. The firstyear schedule of assignments is tight as it is, and merely giving students the option of handing in longer essays would not really address the issue. "The only way to break this logjam is to take something out of the first-year program," he said.

Near the end of the meeting, some students expressed concern about the whole process of curriculum review. Karen Park (I) explained that, without any expression of the Committee's or the school's overall goals and objectives, the debate over first-year reform lacked focus. "We need to identify what is important to us as a school, what we are trymg to accomplish," she said. "Only then can we decide based on all these competing interests."

The Committee is still accepting written submissions from the law school community before it makes its final recommendations at the end of the school year.

continued from page 2 despite the fact that he has squared off with Borovoy over this same issue a number of times in the past. "Hate speech threatens our freedom and democratic society," he explained. "Should freedom of speech be paid for by those who are the object of hate speech?"

That same day, Supreme Court Justice Michel Bastarache gave a speech entitled "The Centrality of Human Rights in Constitutional Interpretation" . Bastarache focused on the section one justification test, with an eye to how this test might be interpreted in the future. Bastarache explained that undue formalism had attached itself to the application of the Oakes test, and he emphasised the importance of context when determining whether the Court should defer to government legislation.

In the future, Bastarache foresees a "further shift away from formalism to a more principled approach" to constitutional interpretation. He also stated that the Court might be more willing to use other sources of law. such as international law and Aboriginal law, in deciding disputes. "The Supreme Court of Canada is willing to think afresh without the hindrance of history," he stated.

University of Toronto Athletic Centre - Faculty of Physical Education and Health

THE E'S SOMETHING

FOR EVERYONE Intramural s Intercollegiate Recreation Instruction

~~----------------------------------------------------------------------~U~It~ra~V~ir~e~s

Publicize the Proposal

Debate on Salaries Needed, Say Faculty Conncil Students

BY MARK CROW FOR TilE STUDENT

CAucus OF FACULTY C ouNCIL

As many readers will be aware from an article published in the last edition of this paper, the faculty at the law school is presently involved in salary negotiations with the University. A confidential document prepared by the Law Teachers' Association stating their opening negotiation position has been submitted to the Provost and President of U of T. Dean Daniels is not at liberty to disclose details of this proposal or the progress of negotiations. This article outlines the position of the student caucus of Faculty Council.

Many students have raised concerns about the impact of any substantial faculty salary increase on tuition at the law school. The Student Caucus of Faculty Counc1l therefore wishes to present students with the information we have received with rega rd to this matter. We feel that Ultra Vires is an effec-

tive forum in which to do so.

We realize that salary negotiations at the faculty have always been conducted in private, and that students have no choice but to trust the University administration to take their best interests into account- not only with regard to tuition, but also in attracting and l<.eeping top-flight faculty. However, stuoen\s nave an interest \n l<.eeping t uition in·

creases to a minimum, especially given the tremendous increases that have been Implemented over the past decade. Issues of accessibility and the nature of public education in Canada are involved, and we are direct stakeholders in this debate.

Presently students have no input into the setting of tuition levels at the faculty. The Dean has promised to consult students before making his tuition recommendation to Simcoe Hall for the coming year, but retains the ultimate discretion as to what his recommendation will be. Tuition for next year has not yet been determined, and Will not be before Welcome and Outreach Day for next year's incoming class on March 3. The Dean will not provide a precise date as to when tuition for next year will be set, nor will he provide an estimate of what it will be. He only states that tuition increases in the coming years will not be insubstantial, and will be above the range of 5-10% increases. He notes that tuition at Yale is presently US $26

000 per annum.

In a recent letter to the Student Caucus ,the Dean stated: "The salary issue 1s by no means the only issue that will drive tuition and fundraising expectations upward. I have been analyzing data that compares our resource base to the leading US schools (top 15). We have approximately one-quarter to one-filth the level of resources on a per student basis as them (even with the development of a new $50 million endowment). This difference is manifest in a host of different dimensions - student services, library resources, and faculty salaries and support. The only dimension in which we stand at the top of the US peer group is financial aid (expressed as a percentage of total tuition revenue). In all other respects, we have severe and mounting problems that will have to be addressed if we are to retain and strengthen our position ."

It therefore appears inevitable that tuition will continue to increase in the coming years.

In a meeting w1th the Student Caucus on February 22, the Dean justified these increases on four grounds: (1) there are 21 law schools in Canada for students to choose from, and they can select the school which has the right mix of tuition and excellence for them; {2 ) recent salary increases in New York and on Bay Street mean the majority of U of T students will easily be able to afford

these increases; {3 ) financial aid, both upfront and as back-end debt relief, will continue to ensure accessibility and freedom of career choice for students; and (4) all current students will be insulated from these increases by grand parenting arrangements.

The Student Caucus hopes that publicat•on o f lh1s lnlorrnat1on will ini tiate a more

open debate at the facu lty, both with regard to the potential impact of salary increases on tuition and with regard to the vision of legal education to which our school should aspire.

Should our vision be determined by the desire to compete directly with the top US law schools? How real istic or desirable is such an aim? The attendant costs of such an ambition are clear: further, significant increases in tuition, increased student debt loads, and thus the real possibility that accessibility will be compromised. Should we be considering and discussing other visions of the law school, including ones more closely tied to Canadian values and culture? The process by which these issues are discussed, and opportunities for student input, should also concern us all.

The Student Caucus of Faculty Council hopes that all of us with a stake in the future of the Law School will have the chance to debate these issues.

Editor-in-Chief MellssaKJuger BUSiness Manager Rebeoca Wickens

News Ed1tors Lon Stem & Jeff Tor1<1n

Is tho student newspaper of the Faculty of Law at the Umvcrslty of Toronlo Our goal Is to provide a forum In whiCh students can exchange their Ideas. We hope to foster a sense of communi!Y wfthin tho Faculty or law, the University as a whole, and the greater Ctty

Edrtorial Page Ed1tor Brendan Van Niejenhuls

D~IO!lS Ed1tors Andrew Ashenhurst & E1leen Cos\eUo

Opinions & Legal Issues Editor Ron levy

Clubs & Climes EdHor

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ULTRA VIRES

Onl ne Ed1tor Devon Rutherford

EDITORIAL

Tonelli's LSAT Defence Fails, Says Zbogar

Letters to the Editor

Many things are being said about the profait accompli. It seems somewhat disingenumission it has indicated that proceeding with SLS Wastes Funds ous to separate the two issues. Any large exposed faculty salary increase. In Ultra Vires' the injunction up to an including t he end of penditure by the faculty is a question of reopinion, there is no one side to take on this February 2000 would put a significant strain source allocation. If there are not already To the Editor, issue. There are, nevertheless, several things on the staff member handling this matter. In enough resources, students will be the ones to keep in mind. consideration of this, and the fact that the F1rst, there is nothing inherently wrong with - in all likelihood - who have to pay. In that I was pleased to learn from Matt Duffy's legal fees associated with proceeding with case, students should at the least be entitled piece that those who attended Law Games the injunction was at the minimum $25, 000 the proposal. There are adequate grounds for to hear and speak about it. paying professors somethmg a little closer to had such a 'drunken good time'. I am rather plus disbursements, and the reluctance of the No one believes this is a decision that is concerned, however, that SLS chose to use court in granting interim injunctions pending their market value on Bay Street or elseappropriately left solely to public or student our student fees to support this trip. I would a process of an administrative tribunal, I have where. There are, of course, other advanopinion. But students' opinions matter as well; like to suggest that SLS put on its agenda a decided not to retain the lawyer, who I had tages to being a professor such as a saner they shape the character of the law school discussion about the appropriateness of using proposed to argue and prepare this matter lifestyle and the freedom to pursue one's acaand its reputation outside as much as the mandatory and non-refundable fees to subsi- and to file a Notice of Abandonment termidemic interests. And we should not forget faculty or administration. These opin ions are dize elitist social events. that professors can supplement their teachnating the proceedings at the Divisional Court. more likely to be fair, helpful and insightful ing income with lucrative outside work. But, I wish to thank all those who had an interwhen information is presented openly, not Alison Symington at the outset, there is no principled reason est in this process and to advise you that the when issues of lasting importance are confor students to oppose or resent a proposal processes under the Human Rights Code concealed. The interests of students in future years for a pay raise for professors. tinues. The law in relation to the standards are held 1n trust by those of today. It is diffiOn the other hand, if the university and Pieters Drops Suit of the law school is on my side and I expect cult to exercise the responsibilities of that the faculty enter into an enforceable agreethat I will win when these cases are adjudirelationship without adequate information. ment that increases the university's liabilicated before a Board of Inquiry under the To the Editor, The faculty should consider making this proties significantly, and steep tuition hikes are Human Rights Code. posal public. the necessary result, students will quite reaFollowing various discussions which I have sonably feel they are on the wrong end of a had with the Ontario Human Rights Com- Selwyn Pieters

Student members of Faculty Council outline their opinion of facuty salary proposal

29 February 2000

Kathy Liplc

Mary Liston

U1tra VII"Os Is an edrtortally autonomous newspaper wor1<ing 1n coopemtion with the Faculty or laws Students Law Society (SlS) Ultra Vires IS opon to contributions which reflect d1vorso points of VleY.', end •IS conlents do 11ot nocassanly reflect the views of the Faculty of Law. the SLS or tho edltoriatboard. Thoed<torswelcomocontribu!lons from students. faculty and other mterested persons, but reserve the nght to edit submiSSions for length and IXllltent.

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Ultra Viros s published monthly, and IS printed by Weller Publishing 111 Toronto. Circulation 2000.

Pieters has dropped case, but debate about merits of standardized tests continues To the Editor, Last issue, Paolo Tonelli chastised Selwyn Pieters for filing a human rights complaint on the basis that the LSAT discriminated against him on the bas1s of his race. In two sentences, his argument is that Mr. Pieters' use of the words "race" and "racialization" to describe the grounds upon which he was discriminated against "obfuscates reason or sensibility." Rather, he says, the issue is purely one of culture and must be defined as such.

I understand the sentiment behind this argument. However, with respect, it completely misconstrues the meaning of "race." Race is not an adjective. Race is relational. It is a verb. The terr:n "racialized" does not, as Tonelli claims, mean "non-caucasian." It means black. In this apparently subtle distinction, there is a fundamenta l difference.

(Incidentally, even the use of the term "noncaucasian" is offensive because it places vis·

ible minorities in the position of defining themto explain it to us. And that's precisely the selves in terms of what is caucasian, white point. Our class is not very diverse. It is preand "normal," and thereby deprives them of dominantly white, and it is even more pretheir own identity.) dominantly upper-middle class. The effects Mr. Pieters never claims that he was disof multiple barriers to access to the law school criminated agi:unst on the basis of his skin are clearly visible. The LSAT is one of the colour. Clearly, it is true that skin colour says most significant of those barriers. Though I absolutely nothing about one's intelligence or slept through most of my classes in first year, innate abilities. However, "race" is not deone thing I do remember is that when it comes fined by skin colour but by how people react to discrimination, it is the effects that matto people of different skin colours, and in the • ter (see Andrews). effects that that interaction has upon those Tonelli concludes his letter by arguing that: individuals in terms of the privileges they are (a) "the issue is not one of race; it's one (if denied and in how they perceive their place anything) of culture;" (b) "we need some eviin white society. Discrimination lies in an indence - not anecdotal whining - that the test dividual's relationship with others rather than actually creates cultural bias;" and (c) "we in an individual's difference from others. Thus, need to critica lly ask whether that bias when Mr. Pieters says that he has been should, in fact, be corrected." "racialized," he does not mean that he is To respond: non-white. He means that he has been dis(a) This issue is one of both race and culture, advantaged because he is black, and that which in this case are combined and insepabeing black has resulted in a particular experable. rience of oppression and challenges that most (b) There is ample evidence about racia l and of us cannot begin to imagine. cultural biases in standardized tests. Stanley It is easy for us white males to simply disFish, for examole, writes that "it has been miss the reality of systemic racism. Indeed, demonstrated again and again that scores vary racism is a complex phenomenon and one in relation to cultural background." Students which is particularly difficult to grasp by those from diverse backgrounds are at a great diswho have never experienced discrimination. advantage when faced witn standardized tests Maybe if our class and our faculty were a which are designed by privileged white peolittle more diverse, we might have someone ple for privileged .white people. It's a fact.

Quis Custodiet Ipsos Custodies?

The m ore troubling aspec t ol \he camp~>len

The real problem with the ".True Blue" Catnpaign

BY BRENDAN VAN N IE]ENHUIS

Th e fu ror over the Toronto Police Association's "True Blue" fund raising campaign has died down in the wake of union chief Craig Bromell's dec1sion to put it on hold, if only temporarily. It has been somewhat heartening, though, to see that both elected officials and the public can still see clearly enough to protest when the police overstep their legitimate confines.

What is less heartening has been the object of protest. The most vociferous opposition was mounted against the prospect that, for a $100 donation to the police union, citizens might receive more favourable treatment than those who made a lesser donation or none at all. While such a situation is undesirable, this protest actually impugns the character of individua l police officers rather than that of the campaign . If this is the only problem, the police association's gold, s1lver and bronze stickers would merely give such officers a convenient shorthand on which to base their unfair use of discretion, rather than on the basis of race, age, and so forth (as many people allege occurs already). Opposing the True Blue campaign will not make that issue go away, but merely drive it from the media spotlight. Indeed, the conspiracy-minded might perceive Mr. Bromell as deliberately inciting the recent cafuffle in order to deflect attention from other, more troubling, police pract1ces.

is the Intention of the police union to use the money raised to support so-called "pro-police" political candidates and oppose others (either through negative campaigns or through intimidation, depending on who you ask). This more substantial concern seems to fall on deaf ears. Police association lawyer Gary Clewley's argument that the police like any other public sector employee union - have the right to participate in the democratic process, has won the day.

This argument is wrong, Individual police officers, like any other citizens in their offduty hours, have the right to vote and otherwise express their private opinions publicly.

But the police association represents police officers in their capacity as public .servants.

And not merely public servants, but a unique subset charged with enfelrcing the criminal law, and bringing the apparatus of state against the suspected criminal. It is much more than the fact that police carry firearms, as a few talk-show callers have suggested, but that they have the power to enforce the law against other persons. Is it not, then, inappropriate that these unique public servants be permitted to join battle in the political arena in order to change the very laws they must enforce? Particularly when the law in which they are most interested is the Young Offenders Act? The situation is not quite to the point of Imperial Rome, where the Praetorian Guard - an elite armed faction - simply chose and mstalled an emperor amenable to its interests. But it is not such a ridiculous parallel either. The police association should keep its business to ensuring a fair deal for its members as employees. And it should keep its nose out of trying to dictate the laws its members are bound to enforce.

OSLER~

\ \0 5Kl

\t

Let's deal with it. (c) Asking whether we should, in fact, fix biases where we know they exist is like asking whether we should, in fact, build that wheelchair ramp. Invisible barriers are as real as vis1ble ones.

Of course, underlying this whole debate is the fact that the LSAT is a poor predictor of success in law school and in the legal profession. We did not always rely on the LSAT. British law schools do not use the LSAT. Many American schools also do not consider them.

They realize that the LSAT is arbitrary and does not select for superior lawyers. They real ize that it measures only one's cultural learning and one's ability to succeed on the LSAT. The LSAT is an arbitrary tool used to weed out those who do not conform to the desired standard -- a standard which is itself arbitrary. In Patricia Williams' words, "standards are concrete monuments to socially accepted subjective preference," Yet, we cling to it. What a tragedy. We cou ld be doing so much better.

Vilko Zbogar (Ill)

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OPINIONS .& LEGAL ISSUES

Ultra Vires

29 February 2000

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8

Ultra Vires

Pro Bono Volunteers Make a Difference in Toronto METRAC takes steps to diversifying their Board and staff

Law student pedals across town to visit immates at the Don Jail

BY RENU MANDHANE'

BY ADRIA:s' Dl GIOVANNI

This past summer I had the opportunity to work at the Metropolitan Action Committee on Vrolence Against Women and Chrldren (METRAC). METRAC is an organization dedicated to research and the promotron of public education on v1olence agarnst women and children. METRAC's goals include bringing about improvements rn seMce and advocacy systems, and generating changes rn policy and legislation. The ultimate aim is to eliminate all forms of violence against women and children. As a Pro Bono Summer Fellowship student I was given the opportunity to research and write a major position paper on family law in Ontario. Since the summer, I have continued to work at METRAC as a Workshop Program Coordinator. My experience at METRAC has been wholly pos1t1ve; I have been grven many responsibilities and have met some truly inspirational women. However, the most rnteresting aspect of my time at METRAC has been the opportunity to observe the gradual shift that 1s occurring in Toronto's feminist community.

For the most part, METRAC's Board of Directors is comprised of white, heterosexual, middle-class, professional women. This is not because METRAC is a conservative feminist organization. Ratner, the Board's composi-

I don't thtnk I had ever seen a prison before, let alone been to one. Then one sunrry Friday afternoon in October, I pedaled across town to the Don Jail at Gerrard and Broadview, as part of my Pro Bono Students placement. Since September, I have been working with a group called the National African Integration and Families Association CNAIFA). NAIFA is a communitybased organization that helps to facilitate the integration of individuals and families into Ca· nadian society. Its target groups include women and children who have experienced violence, refugee claimants and their families, inmates, former-inmates and their families, and youths who are in conflict with the law. NAIFA has successfully implemented major cooperative projects such as: Youth Job Placement. Domestic Violence Prevention, Computer Trarning, Kids and Youth Development Experience, Anti-Racism, and AIDS Prevention.

Part of my placement has been to visit NAIFA's clients who are detained. Some are awaiting hearings to gain status in Canada, while others, having already gained status, have encountered further problems integrating into Canadian society. On one level, my visits are no d1tferent than those of the people who have also come to see family members or friends. I

walk into a back room, and talk to the clients by phone, across a glass wall: How you are doing? Do you need anything? When is your next hearing or court appearance?

On another level, I get a brief yet profound gl1mpse into their lives. Although it is only a pane of glass that separates us, I have quickly come to realize how far apart our lives may actually be ..• Detained for three years while awaiting refugee status, only to be deported and then refused re-entry by his native country, again awaiting status in Canada for over one year . .• But if you were to take away their bright orange uniforms - a pervasive fixture across each detention centre - the inmates I have met would seem no different than anyone else walking down the street.

This is why my encounters usually leave me with a bitter-sweet feeling. I find it fulfilling to know that I am using my privilege as a law student to help someone who needs it most. Isn't that why I'm here after all? At the same time, I try not to romanticize or over-estimate what I am doing. I can't truly unde!Stand what these people have lived. So I am lett trying to imagine what it would be like to decide to leave behind my entire l.fe, everything I know, tor the hope of a better life in some far-away and foreign place. I think also to my friends abroad trying to make that same decision.

I am lett pondering the arbitrariness of where one is born, and ultimately how arbitrary it is that I have ended up on one side of the glass, while the person I am talking to has ended up on the other.

Financial Update from the Students' Law Society SLS PRESIDENT With barely three weeks remaining in this year's Students' Law Society (SLS) term, I am pleased to say that things have been running quite smoothly so far. There were, however, a few hard and controversial issues that we had to grapple with in the last few months.

As mundane as it may sound, the allocation of funds to various clubs and committees was the most important part of the budgeting process and took enormous amount of council time. The previous SLS council took a loss of approximately $17,000 last year and we wanted to ensure that we would have a balanced budget in our term. Not surprisingly, many clubs were disappointed that their requests for funds could not be met, but there is simply not enough money to go around.

Our financial position was much improved by our diligent treasurer, Chris Tortorice, who not only helped us implement some judicious fiscal policies but also uncovered a hidden account which had been dormant for the last five years. This windfall of $8,000 was a welcome addition to the general pool of funds earmarked for student clubs and activities. and was a big help rn face of a potential deficit.

Another burning issue which this council tried to deal with (and the next council will definitely have to enforce) revolved around yearbook fund raising. Last year's fund raising

proneered Toronto's femrnrst movement rn the 1970s and helped to found METRAe in 1984 However, in recent years it has become apparent to everyone associated with the feminist community that organizations that fail to include diverse women are losing some of their credibility. Thrs can be seen as part of the reconceptualization of feminism envisioned by modern, antr-essentialist feminists. That is, many femmrsts have begun to question the way that femm•sm has traditionally focused on a certain class of women and their particular experiences. In short, organizations th"at fail to include diverse women are seen · as complicit in the ostracization of marginalized women from mainstream feminist discourse.

Thankfully, I think that older and moreestablished organizations such as METRAC have begun to recognize that they must take a more active role in diversifying their Boards and staff. There is also some recognitron that they have to give way to newer organizations that do not have the same reputation, but whose initiatives are worthwhile. This is the first step in the battle towards making feminism more inclusive. Of course, it is often difficult for an organization that has effectively lobbied for positive change for many years to undertake such a change. Structural change of this magnitude invariably involves embracing new methods of achieving social progress and enlarging one's own perspective. This is the challenge that I see unfolding in Toronto's feminist community. It is interesting to be given an opportunity to observe the evolution at the micro level and to play some small part in the change.

for the yearbook was not-as successful as we had hoped and this meant that SLS had to subsidize almost half of the total cost. This added burden was another reason for our inability to meet the budget requests this year.

To encourage more aggressive fundraising and avoid such a financial crisis, the council has decided to create some monetary incentives for students who would be willing to do yearbook fund ra ising for next year. We are hoping that interested students will come forward to undertake this important project.

Finally, SLS is planning an evening for the students in mid-March to celebrate the 50 1~ anniversary of our law school. A video about our law school, chronicling some of the more important milestones in this school's history and the changes that have taken place over the past half-century, will be shown followed by a coffee-house/pub.

CLUBS

Conference Surfs Internet, E-Commerce and Privacy The ''Techies" took over the law school on Friday, January 28, when all classes were canceled for the 36th Annual Conference on Law and Contemporary Affa1rs. This year's topic was "Legal Challenges of the Internet." Although the student attendance of the event was relatively low, the level of panel discussion was "top notch." Panelists spoke on such challeng· ing legal subjects as privacy, free speech and libel on the Internet, intellectual property in cyberspace, and e-commerce.

The overall message was: the legal chal· lenges of the Internet translate into big busi· ness tor lawyers. Richard Pfohl, a member of the High Tech Law Group at McCarthy Tetrault

&

and lecturer at the law school, proclaimed present day to be the most exciting time to practice law in the past half century. He spoke on the tremendous power of the Internet for free speech and remarked that "the capacity for interactive communication has created a 'world of Gutenbergs.'

He suggested that there now exists a legal vacuum wherein growth in the law has been organic. Individual users have provided the impetus for this growth but lawyers have a great opportunity to shape the values of the future.

Michael Geist, a law professor at the University of Ottawa, identified the basic legal issues in the field of electronic commerce as'including the need to facilitate econom-

CLINICS

Law Students Pay Tribute to Black History Month

BY KASHIF ZAMAN

\lon simQ\'l re.\\ec\s. \he \ac\ \ha\. such 'Nomen

BY KATHY LIPIC

9

29 February 2000

ics on one hand and to protect the individual purchaser on the other. He warned that the situation could easily become a "race to the bottom" where businesses register their server in jurisdictions with the least regulations.

Richard Owens, a partner at Smith Lyons, gave the closing address and identified the Internet as an "incredibly rich social agent."

Consequently, he described the "cyberspace lawyer" as a multi-generalist immersed in a vast field of almost unmanageable literature.

The law, Owens says, is developing incrementally to accommodate various new advances in technology.

Students at the Gala Ball. From left: Andrew Alleyne, Marcia James, Laverne Jacobs, Michelle Henry, Misha Wilson and Julian Gordon. See story below right.

Celebrating the Past, Empowering the Future Julius Isaac was first Black Chief Justice of Federal Court

BY MICHELLE HENRY

As Canada marks its first Black History month of the new millennium, we recognize Blacks in the legal profession who have made their mark and become sources of inspiration for our community- individuals such as Chief Justice Julius Alexander Isaac of the Federal Court of Canada, and Delos Rogest Dav1s, the first Blar:k lawyer in canada.

Chief Justice Isaac was born in Grenada in 1928 and, like most aspiring lawyers, grew up dreaming of becoming a successful practi· tioner. His first job in Canada was to work as a janitor at The Toronto Star while studying law at the University of Toronto. He then moved to a job as a railway porter and began to volunteer as an advisor to the union representing sleeping-and parlour-car porters on the Canadian National Railway. Shortly after graduating from law school, Justice Isaac became a senior magistrate in Grenada while simultaneously working in private practice in Ontario and Saskatchewan -going on to become the top lawyer at the Ontario Securities Commission. His promisrng career in the Federal Department of Justice began while he was a Crown prosecutor and an ass1stant deputy attorney general. Chief Just1ce Isaac became a judge in the Ontario Supreme Court in 1989. Three years after becoming a judge in the Ontario Supreme Court in 1989, Justice Isaac was appointed Chief Justice of the Federal Court of Canada.

Along w1th achieving his dreams, Ch1ef Justice Isaac became a member of the Negro Citizens Committee, a group established to fight for the improvement of immigration laws.

He was the founding member of the West Indies Student Association at the University of Toronto, an association that continues to be a source of support for West Indian students making the transition rnto the Canadian culture. In addition, Chief Justice Isaac became co-chair of the Black studies program at Dalhousie University in Halifax and a distinguished patron of the Canadian Artist Network: Blacks in Action.

Until Chief Justice Isaac took up his position, it was seen as a domain limited to white

Canadians. The question thus emerges- how do we ensure that Blacks continue to push forward in the legal profession? Perhaps the answer lies in education, community initiative and policy development- in how we assume responsibility for our community in the furtherance of our dreams.

In the history of the Canadian legal profesSion, the fate of Black lawyers has generally been plagued by the same bane of prejudice that affects the wider community - the belief that the black lawyer is only capable of servicing the needs of the black commun1ty.

In fact, it was once inconceivable that a Black person would become a full-fledged lawyer, or even make it on Bay Street. This belief was so Ingrained that an act was requ1red by the Ontarro Legislature in 1884, authorizing the Supreme Court of Ontario to allow Delos Rogest Davis to practise law, provided he passed an examination set by the Ontario Law Society. This would make Dav1s the first Black lawyer in Canada. The enactment of this legislation was the very first glimmer of hope that barriers could be shattered. Until this act, the Law Society refused to admit Davis as a lawyer because he could not complete his articling (Davis was unable to article because no attorney or solicitor would have a Black student). Finally, after the new legislation, Davis passed the examination and was called to the bar in 1886.

Even with this breakthrough, however, Black lawyers at first had no choice but to limit their practises to the Black community.

The influx of immigrants in the 1960s and 1970s (mainly from the Caribbean) provided more, but still limited, opportunities. While some were fortunate enough to obtain excellent articles and thereafter entered practice on a competitive basis, most Black lawyers, lacking that advantage, ·were restricted to practising as sole practitioners.

At any rate, Chief Justice Isaac is living proof that things can change despite pervasive discrimination. Nevertheless, even when we see a few changes, it is not yet time to say that we have succeeded and that the work is done. While we pay tribute to those who have made us proud, we also need to re-examine the goals we have set for ourselves as aspiring Black lawyers in order to take us beyond the struggles of the past century. Our task lies in shattering the myth of what Blacks can and cannot do, by not only empowering ourselves but also by making sure we prepare our young people for the future by

ensuring that they are ready to persevere under the great challenges that will inevitably face them. As we move towards the dreams our ancestors have been dreaming for centuries, it is imperative that we first recogn ize and remove the shackles from our feet, and refuse to accept them as our plight.

But one may ask why, after a continuous Black and African presence in Canada spanning 500 years, should these barriers still face us? Especially in a country that has been built by immigrants - where it is said that (with the exception of Native people), every Canadian is either an immigrant or can trace the start of his or her lineage to an immigrant?

We must band together to open eyes and ears to elevate our communities. Canada, a coun~ try that claims to be multicultural and tolerant of diversity, must be pushed beyond mere tolerance to inclusion. It is not enough to accept difference; we must embrace it and make our diversity prevalent in every aspect of our society. We must ensure that we are indeed included in the decision making processes of this country.

It can be seen that the most serious problems in our own communities arise from dis· illusionment Those who have worked hard and have not reaped the benefits are now tired from trying. So, what is our job you ask?

There are several things we must do. We must help to break down some of the barriers; get society to recognize us for who we are; encourage Blacks to acknowledge that although our struggles may at time seem unending, a ray of hope still shines; we need to embrace and celebrate our Blackness, and understand what it is to have real power in Canada. In order to be taken seriously, we must push our people to become economically independent by taking greater pride in their unique identity and working together instead of buying into the stereotypes we hear about ourselves.

More importantly, however, we need to start moving outside our isolated communities into the Canadian mainstream and let our voice be heard, so that we too can enjoy the rights and privileges of being Canadian.

Indeed our individual accomplishments will amount to little if they are unconnected to group power. We must bring others along with us and, perhaps someday, someone may pay tribute to our memory at the end of this millennium.

Black Students Examine Access to Justice Hundreds gather at conference for workshops and gala ball

BY MlSHA WILSON

The ninth annual Black law Student's Association ot Canada tBLSA.C) Conference and Symposium took place in 'N"mdsor, Onta!to on February 17-20, 2000. The yearly conference, which engenders valuable mentorship and networking opportunities for black law students, also provides a forum for collective action to deal with systemic barriers in legal education and the legal profession itself. Thts year's theme was appropriately entttled "Balancing the Scales: Redefining Access to Jus· tree in the New Millennium". The workshops included a wide range of topics - from succeeding in law school ·and finding employ· ment, to alternatives to traditional law practice, bar admission issues and litigating race in the 21st century. The keynote speaker for the event was the Honourable Justice Juanita Westmoreland-Traore, who was recently appointed to the Quebec Family Court. Prior to her judrcial appo intment, Juan ita Westmoreland-Traore, was the Dean of Windsor Law School - the first and thus far only black dean of a law school in Canada.

The conference attracted over one hundred students from all six Ontario Law Schools as well as law students from Montreal, Manitoba and Alberta. The University of Toronto's Law School was represented by five BLSA mem· bers, who shared information on the impact of tuition increases and minority outreach efforts of the Law School and BLSA. The event ended on a high note with a gala ball, during which BLSAC honored people in the legal profession who, through the~r activism, have mstigated positive change.

This year the Vision of Justice Award was presented to: Julian Falconer, a lit1gat1on lawyer and race litigation expert; Sandra Tho· mas, a crown attorney; and, posthumously to April Burey, who was a human rights activist, lawyer and lecturer at the University of Toronto Law School.

COMMENTARY

Ultra Vires

10

Robert Plant Fails to Appear at Coffee House Crowds pack Solarium for performances

BY EILEEN CosTELLO

f

The last Coffee House, held on February 9UI, was the second of its kind this year at the Faculty of Law. The idea behind the initiative was to involve fellow students in sharing the kind of talents and abilities that can get lost in a competitive school like ours the non-academic kind. Second-year student Kathy Bromley and third-year student Hari Viswanethen, both excellent musicians in their own rrght, have created a forum where fellow musicians can indulge one another as well as those who can't play a note but still appreciate live musrc.

You never know what, or who you are going to get at a Coffee House and that is part of the beauty of the evenrng really. The evening was a pleasant reminder of the diversity of interests and backgrounds of the students at the Law School as the audience was treated with Ukrarnian ballads, Louis Armstrong impressions, a dramatic monologue, a sampling of hip hop, and Irish drinking songs (are there any other kind?) just to name a portion of the evenings' bill.

The Coffee House, which was sponsored by the SLS, was held in the Solarium but may soon need to be moved from this location if only to accommodate the crowds. That said, there is something to be said about the intimacy that is created by filling a room used to housing Constitutional small groups to be· 'JOnd capacity, and then adding live music and a bat. t>.ccotdin% to Matcus Shantz, who attended the evening and had high praise for all of the performers, the low key atmosphere was a welcome place to "enjoy each other's company and appreciate each other's gifts" .

Although the vibe of the evening was decid· edly and suitably relaxed, some of the performers were indeed good enough to quit their day jobs, or their future day jobs at any rate.

Parks reviews what little he saw of the show

arrangement that was so far over my head, I was hoping my bitch Fox Mulder would show up trying to track 1t down. Robin Mahood had a cute wrongful-death melodrama bal· lad. However, he also brought in a ringer,

BY STEPHEN pARKS Katie Brock. On the one hand, ringers mitigate the otherwise incestuous nature of the In the spirit of responsible journalism, 1 proceedings. Still, a nnger is a ringer. ducked out of the first hour of the Coffee House Now for some criticism, why must all the in order to be emasculated playing pool. The performers be so damn apologetic? Self-depremaining two hours I spent trying to conrecating comments abounded. If you are nervince my date that we should go fool around vous, be nervous. If you are nervous, don't in one of the Falconer House bathrooms. So, pull that shit. Think Mark Crow. His voice if you performed and I miss mentioning you, broke. Big deal. Maybe he was nervous, blame my editors or my date. maybe he just needed water. Who cares? He Having sard that, the Coffee House is fun, just moved on like a real man. If you must do if you like your classmates. In the wry words something, cop an attitude. Most importantly, of my date, "They're all so ... nice." For me, remember that no matter how apologetic you the highlight was a wicked Australian ballad are, you cannot turn Bon Jovi into good kitsch. by some God whose name I was told is Regardless, all of the performers had much Marcel. Cool chick Anusha Aruliah gets props more talent than I do. Thus, the only real for breakrng up the old white guitar/ballad problem is the location. If you smoke inside hegemony w1th some hip-hop, even if it was you will be hassled, but if you dnnk outside, some jiggy Salt-N-Pepa shit. Poem guy Mark you w111 be hassled. Clear conflict of interest.

Crow endeared himself to me when his voice As always, the simplest solution is drugs. cracked, before launching a little Blake re-

Unlike most Un1versity of Toronto law students, who are safely enjoying a typical Toronto wmter, th1rd-year students Carlos Rippel!, Sharissa Ellyn, and Tariq Taherbhai appear to be suffering from sunstroke and surfing-related injuries in Barbados. Fellow students, who visited the 1sland over the Spring Break, report back about the unbelievable con.ditions m wh1ch the three exchange students live.

"Wow, when I left Toronto the temperature was -4 ° C and I was shocked to learn that the average temperature in Barbados for the month of February is 27 ° C," said one enthusiastic vacationing student. "Can you believe that as soon as I got off the airplane it was necessary to change into shorts and a T-shirt?"

Marcela Saitua found that the students had managed to adjust to their new surroundings very well. "They seem to already know their

BY EILEEN CosTELLO

The Oscars are fast approaching and al· though we all say we don't care and we wo~'t watch somehow, every year, we end up '" front of the television until midnight watch· ing the farce In its entirety. At least now you have a good reason! Ultra Vires is ~ponsorrng an Oscar pool of sorts - not the ~llegal betting kind of pool mind you but the JUSt for fun and a dorky prize kind of pool. The top th~ee picks will be announced in the next ed1t1on and will be the lucky recipients of fabulous prizes which, while undetermined as of yet, are sure to be nothing less than a pat on the back but probably not much more.

All entrants must select one winner from each category and should submit their entries no later than March 15 by e-mailing us at ultra.vires@utoronto.ca. Voting on the last category is not required in order to be eligible for the fame and fortune which surely awaits the winners.

Best Picture American Beauty Cider House Rules The Green Mile The Insider The Sixth Sense Best Director Lasse Hallstrom for Cider House Rules Spike Jonze for Being John Malkovich Michael Mann for The Insider Sam Mendes for American Beauty

11

Gettin' Some ... Culture Stationary student enjoyed symphony and AGO while others travelled far and wide for "Reading" Week

by Andrew Ashenhurst Most of you reading this probably spent your reading week down south, either supporting the Communists in Cuba or working on your skin cancer in Florida. Answering a higher call, your devoted Diversions editor spent the week sniffing out Toronto's cultural truffles. Sadly absent from this article is a description of the ROM's Egyptian exhibit, which you need advance tickets for, unbeknownst to me.

The Art Gallery of Ontario IS currently offering "From Michelangelo to Picasso: Master Drawings from the Collection of the Albertina, Vienna" which features 45 drawings by the usual suspects, such as da Vinci, Rembrandt, Rubens and, of course, Michelangelo and Picasso. The exhibit suffers from two problems: it lacks focus, and it fails to put the works into context. Most of the drawings tend to be preliminary sketches or doodles inked on bar napkms, which means that they are rather barren. It would have helped artistic neophytes such as myself, if the AGO had showed how each particular

sketch relates to the work of the artist in question. .

Still, there are some worthwhile pieces.

Rembrandt's ink drawing "Farm Houses with a Stormy Sky" is nothing short of spectacular.

Jacques Callot's work "The Fair at Santa Maria dell'lmpruneta" 1s a highly detailed sketch which rewards the viewer who lingers over it. It also provides an interesting glimpse into how people had fun in the Middle Ages (they hung other people) . And , being a landscape whore, I was pleased that a few pictures of mountains and rivers were included in the collection.

After resting my legs and watching enough hockey to get the AGO out of my system, I moved on to the next event, the Toronto Symphony Orchestra's Saturday, Feburary 19"' concert. The TSO has had a rough time of it lately - a musicians' strike has just been resolved, and events 1n Austna have led to questions about the Symphony's upcoming concert's 1n Vienna. The TSO has not endeared itself to me recently conductor Jukka-Pekka Saraste likes composers like Elger and Sibelius who compose works that are the musical equivalent of burnt toast.

Furthermore, in an attempt to attract a younger audience, Saturday concerts are now casual. Musicians walk on stage wearing clothes that say "I spent the afternoon playing with my model trains". I liked the good old days when you felt like a fool unless you wore a suit. The TSO has also eliminated the intermission, preventing 18 year-olds from buying their girlfriends a gin and tonic during

RANTS

the concert. On this evening insult was added to injury when the TSO let someone from Seagram's (the concert sponsor) wander on stage and ramble on about the wonderful products that the company sells.

So how was the concert? It was good, simply because I like Dvorak, and that is what the symphony played. In particular, after a v1gorous, albeit hurried performance of Beethoven's Symphony No. 7 in A Major, the symphony played Dvorak's Slavonic Dances for an encore. Slavonic Dances is a great piece because it is loud, joyful and reckless (Dvorak stole most of the piece from Gypsy music).

In the end, the best part of the AGO and symphony concerts are the people. Culture experienced alone is simply not enjoyable.

The concert would not have been enjoyable without the four year-old kid I spotted waving his arms like a conductor. Or without Saraste getting annoyed at the audience when people clapped between the movements. Or without the elderly woman who labeled the concert, "The worst I ever heard. It was apeshit". And most importantly, culture shared with someone else brings out the best in them.

When a friend can tell you the story behind an obscure piece of art, or is lulled to sleep during Allegretto of the Seventh, you feel a sense of warmth unduplicated by helping Communists or enjoying the Florida sun.

& RAVES

Is there any thing about the law school that makes you rant or rave? Ultra Vires wants to share in both your frustrations and your celebrations. Drop a note in our box in the commun ications office or e-ma il us at ultra.vires@utoronto.ca.

Rant - communication breakdown Don't get us wrong, we really appreciate the free phones in Flavelle but what is with all the rotary action? Have you ever tried to check your messages or access someone's extension with one of those dinosaurs?

Rave - the Beck concert Okay, so it wasn't the best concert, but it was good to see most of the law school in attendance. It proves that we still have a little part of our soul left.

Rant - flimsy furnishings Why is it that the desks in the library are high and the chairs are so low, making it a challenge to read for an extended period of time? And speaking of chairs, is there noth· ing to be done about the fake wood chairs in FLB and FLC? The "wood" veneer is chipping off on almost all of them , running a serious risk of splinters or (gasp!) snagged sweaters!

Rave - The Toronto Star (for free!)

Thank God we now have an alternative to the Nat1onal Post. Other publications we would like to get for free- Cosmopolitan, the Economist and perhaps Frank.

M Night Shyamalan for The Sixth Sense

Best Actor Russel Crowe Richard Farnsworth Sean Penn Kevin Spacey Denzel Washington Best Actress Annette Bening Janet McTeer Julianne Moore Meryl Streep Hillary Swank

Third-Year Students Finish Law School in Barbados

BY KATHY L IPIC

Pick the Oscar Winners and Win

29 February 2000

way around the Island and they are busy trying local activities and cuisine." They showed visiting students where to surf on the South Shore, where to snorkel at Alleynes Bay, and the best hiking trails.

Jeff Patten declared,"the highlight of the trip was when Sharissa astonished crowds of tourists by eating five and a half pounds of fried marlm at the Friday night Oistins' Fish Fry" It appears that Ellyn was impressed by what the locals were serving up.

Evan Fox-Decent observed in amazement as Taherbhai and Rippel! danced with the locals to Caribbean rhythms. "They have really learned to whine." When asked to describe whining, Fox-Decent laughed and remarked, "people have not witnessed dancing like that since the Tory Haythe merger celebration."

In general it appears that the exchange students are surviving, although there is some concern that they may never return to Toronto.

DIVERSIONS

Best Supporting Actor Michael Caine Tom Cruise Michael C. Duncan Jude Law Haley Joel Osmett Best Supporting Actress Ton1 Collete Angelina Jolie Catherine Keener Samantha Morton Chloe Sevigny

T.1riq Taherbhai enjoys walks on the beach

The Big Snubs Considering that such classics as Hitchcock's North by Northwest or catchy musicals like Singing in the Rain never received a nod from Oscar we should not be surprised that The Hurricane's triumphant (if melodramatic) story or Cameron Diaz's phenomenal job in Being John Malkovich went unnoticed. Email us at ultra.wes@utoronto.ca and let us know what or who you think was snubbed this year.

Destination

Blakes

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With over 380 lawyers practising in six offices across Canada, Europe and China, Blakes provides a full range of services to a diverse national and international base of entrepreneuri al clients.

For information on Blakes' Student Programs, contact Mary Jackson, Director of Legal Personnel at (416) 863-4303 or mary.jackson@blakes.ca.

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