Ultra Vires Vol 1 Issue 6 2000 Mar

The Student Newspaper of the University of Toronto Faculty of Law

Volume 1 Issue 6 21 March 2000 www.law.utoronto.ca/ultravires

SLSBudget

Cuts Tweak Club Funding

MP3 Conference a Sm.ash Hit for TIP Group Industry executives, students and professors explore Internet piracy

Zaman points to yearbook fundraising problems

BY DANIKA LITILECHILD March 10, 2000 - It was standing room only in Bennett Lecture Hall for the MP3 technology conference hosted by the Technology and Intellectual Property {TIP) club. The student-run conference, entitled "Decoding the Issues: The Challenge and Promise of MP3," explored the legal, economic and cultural impact of MP3.

"This was an outstandmg conference," exclaimed Communications Professor Hudson Jan1sch, "Max Leveson [TIP Club Chair] did a fantastic job. It was the best student-run conference I've been at in many years."

A diverse and impressive group of speakers gathered to discuss the possible ramifications of MP3, "a technology which compresses a sound seQuence into a small computer file with

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degradation of &Ound during

playback," as the conference pamphlet explained. MP3, which stands for Moving Picture Experts Group, audio layer 3, ''can be played back on a computer with a software player program, and on other specialized electronic devices ... Due to their ability to be stored as a computer file of small size, MP3 files can be easily downloaded from the Internet for playback."

David Basskin, president of the Canadian Musical Reproduction Rights Agency (CMRRA), "did a terrific job of introducing MP3 in a non-intimidating way, particularly considering the technology involved," Janisch remarked.

Following Basskin's opening remarks, the first of three panels convened to survey the legal issues surrounding the emergence of MP3. Top practitioners in the area discussed third party liability and Tariff 22, which deals with copyright issues on the Internet. The panel successfully made the issues understandable. Some sophisticated listeners, however, found their presentations "a little thin." International Law Professor Ed Morgan evaluated their insights as "too descriptive and not analytical enough. The panelists reviewed the case arguments without going beyond those arguments."

The other two panels were widely hailed as informative and interesting. Composed of musicians, songwriters, and industry insiders, these panels contextualized the legal issues raised in the first session and presented a complete and varied picture of the issues involved in MP3 technology. The unanimous concern among panelists was to protect song writers and musicians while at the same time preserving access.

Graham Henderson, the Senior Vice-President in Business Affairs and E-Commerce at Universial Music Canada, pointed out the potential for musicians to bypass the record industry altogether and be in direct contact with the people who are interested in hear-

Ultra Vires funding eliminated

BY LoRI STEIN

The 2000-01 Ultra V~rcs ma~rhead looks foNard to bringing the paper into its second year. From left to nghr: (back row) Noah Gitterman, Dan Murdoch and James Hoffner; (front row) Dina Bogecho, Lori Stein, Melissa Kluger, Eileen Costello, Antorua Yee and Jennifer Khurana. Absent: Attila Ataner. ing their music - the consumer. As record industry executives confront this reality, they

on those transmissions," he restated. "1he best thing about the Internet is acce"-5, and

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Last month, the Students' Law Soc1ety (SLS) announced a series of budget tuts that disappomted f1fteen clubs and committees, including Ultra Vires (UV) . The reductions, totaling $5,281.63, were prompted by the on-going SLS audit, which has exposed a significant deficit.

"When \he SlS cut our iundin~ \o "Z.eto, \here was. a 'lR.mm \ha\ 'll'le 0.\0.t\'\ \\a'l(!. \~e\t -.uoOQ'r\..:'

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Advocates for Injured Workers (AIW) lost which will focus on intellectual policy issues Paul Hoffert, Executive Director of the $1.243 in funding; the Nat1ve Law Students' in an age of convergence. He pointed to the Cultech Research Centre at York University, Association's (NLSA) budget was decreased AOL-Time Warner merger in the US and to suggested a shift in focus from a mechanical by $400; the Criminal Law Society's funding the proposed take-over of CTV by Bell Canada royalties regime to a broadcast royalties rewas reduced by $170; and Ultra Vires' alloEnterprises as legally challenging transactions cation was reduced from $863 to nothing. gime. Morgan found this proposition fascinatthat are ripe for contemplation and discus"What I found troubling about the process is ing. "The point is not to control Internet transthat it came so late in the term, after clubs missions but to ensure payment of royalties sion. have already planned their events," remarked Mark Crow, co-chair of Amnesty International, which lost $100. "SLS will reimburse expenses that have already been paid," Crow acknowledged, "but clubs who have planned events for later this term might be disappointed."

"Last year's SLS budgeted over what they collected from student fees," explained SLS was thematically based upon the Herman BY )AMES H OFFNER President Kashif Zaman. "They hoped to raise Melville novel Moby Dick. a lot of money for the yearbook, but the The Corporate/ Securities Moot is distin- fund raising effort was a real disappointment.

The University of Toronto won top team at guished by the fact that mooters argue as the Corporate/ Securities Law Moot held reWe were put in a tight spot, because we had cently on March 3 and 4. Stephen "Missing both appellants and respondents. This requires to pay out the cash- almost $8,000." The a certain dexterity to argue either side pasLink" Crozier, James "Iceman" Hoffner, Tim yearbook has always been a "cash dog," acsionately and means a lurking danger of be"Smack Down" Meadowcroft, and Jason cording to Zaman, who suggests scaling down coming confused and arguing the wrong side.

"Weak Link" Brock were proud to accept the the publication for next year, potentially by The team was toughened by the "lac/Mac/ going to a soft cover or CD-ROM. honour alongside fearless student coach RiDavis" interrogation on the Tuesday before chard Warren and wise professor coach EdIrresponsible spending has been another facward Iacobucci. Brock also received the third the competition. Professors Iacobucci, tor in the SLS shortfall. In the past, event Macintosh and Davis grilled each member of organizers have given tickets away to their place award for best oralist.

Both U ofT and UBC, who won last year's the team for more than forty minutes, which friends, bought pizza and beer on SLS funds, thoroughly exhausted the team who within moot, had strong teams, going undefeated and distributed free drink tickets at barbeQues through the first four rounds and then meet- an hour had to switch sides for a run-through and parties. This year, some of our intramuat Lerner and Associates. ing in the final. In the final, Brock and Croral teams defaulted on their bonds by failing The competition itself was an exhilarating to show up for games, which resulted in an zier rose to the occasion and claimed the titre. Hoffner and Meadowcroft, having tragi- experience. Eleven schools, from Dalhousie SLS loss of about $500. "They're all well cally lost the coin flip to determine who would to UBC, participated and showcased differintentioned endeavours, but if it's someone represent U ofT in the final, did their bit by ent mooting styles and some innovative arguelse's money, people tend to be less careful," ments. The bench for the final round included looking cool and calmly sending reassuring Zaman observed. the Honourable Frank Iacobucci (Supreme telepathic messages.

The emergence of six new clubs in the past Preparations for the moot began in early Court of Canada) and Honourable John Laskin two years has been a further source of strain (Ontario Court of Appeal) January. Davies, Ward & Beck, the sponsors on SLS funds.

Having U ofT's victory announced in Anof the moot, created a problem that focused The total 1999-2000 SLS revenue on various aspects of the law on hostile take- drew Willis' "Streetwise" column in the Globe amounted to $63,575, which led many club over bids including poison pills, valuation re- and Mail's Report on Business, added gravy quirements, pre-bid integration and exemp- to a memorable moot. see "SLS" on page 3 tions from disclosure requirements. The moot

U ofT Cleans Up Securities Moot

Ultra Vires

2

SIS Pres, VP, Secretary and 2nd-Year Reps Elected For

2000-01 DiStasio and Connell elected to top jobs in high turnout

BY Loru STEIN March 9-11, 2000- Over 250 U ofT law students turned out to vote at the Students' Law Society elections. Anna Maria Di Stasio (II) was elected SLS President for the upcoming 2000-2001 year. "I feel very fortunate to have become the new SLS President and I will do my utmost to ensure that the upcoming year will be great for the SLS and for the entire student population," Di Stasio vowed. Anna Mana narrowly beat out her close friend and fellow second year representative Karla O'Regan. "I want to thank everyone who voted for me. I know that the choice couldn't have been easy," D1 Stasio remarked.

In addition to her stellar performance at Law Follies as Celia Genua, the "Godfather" of the records office, Anna Maria currently holds a position as SLS second year representative. When asked about her experience on this year's council, Di Stasio responded, "While the SLS put in great efforts this year, more can be done, especially with respect to

erything, but next year I want to be more fiscally responsible and stick to our budget.

We'll be looking for some serious solutions to the yearbook fundraising problem as well. • When asked what her experience on SAC could bring to SLS, she replied. "SAC runs its meetings according to a particular procedure, which I think might help the SLS. Sometimes, we lose track of exactly what a particular proposal is, and with some procedure the meetings might be faster and more effective."

IIana Mantell, returning from her stint completing her MBA year, will be next year's SLS Secretary. Congratulations to Ginny Tsai, Alba Sandre, and Ian Campbell, who were elected as second year representatives.

Anna Maria DiStasio: "I feel very fortunate to have become the new SLS President."

Corrections In the 29 February issue of Ultra Vires, Sara Zoborovski's name was incorrectly spelled on page 7. On page 1, the names of the students who played the Weinrib brothers in the Jeopardy skit at Law Follies were omitted.

They are Matt Sammon and Cory Exner. Ultra Vires apo!og1zes for the errors. They were caused by lack of and sleep.

ume

NEWS

Hundreds of lawyers and students gather to mark progress and remember April Burey

Jesstca Connell: "We want to be visible to the students beyond the parties."

Jeremy Waldron Defends Homeless in Wright Lecture

SIS Hopes to Be in the Black in Future continued from page 1

Columbia professor attacks their removal from public spaces

BY MARciA }AMES A few weeks ago, on February 26th, an unprecedented and memorable occasion brought together hundreds of lawyers, judges, their families and friends, politicians and visiting dignitaries. What made the night so unique was that the event was sponsored by The Canadian Association of Black Lawyers (CABL) and was entitled, "Celebrating Black Judges in Canada".

Nearly 600 were in attendance, including Alvin Curling, Rob Davis, Toronto Councillor, Heather Ross, Equity Committee Co-Chair of the Law Soc1ety of Upper Canada, and of course, the seventeen honoured judges on the dias- thirteen, active, and two, retired. CABL president Phillip Sutherland mentioned that there are about 360 African Canadian lawyers and judges in Canada, (compared to 18,000 in the United States- including 180 African American judges in the state of Michigan alone).

'Twenty years ago, Canada boasted two Slacl< llldgm., $0 to have •·•wenteen in the

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of the Student Law Society to all students."

She hopes to encourage student attendance at SLS meetings through class announcements and posters, instead of relying solely on Headnotes to get the word out. Di Stasio also plans to set up forums and panel discussions to get a good sense of student views.

She wants to hear student opinion, "about big things like budgets ... SLS isn't just about parties."

A less political but equally ambitious goal is to clean up the SLS office and make it "nice and neat" for the slate of elects coming in.

Jessica Connell (II), this year's Students' Administrative Council (SAC) representative, was elected as next year's Vice President.

Connell envisages some changes for next year. "We want to be visible to the students beyond the parties. I think Kashif (Zaman, the 1999-2000 President) was on the right track putting a column in Ultra V~res, which is a good forum for letting everyone know what SLS is up to." Connell's main responsibility will be, "overseeing the budget, which 1s a huge role. At the beginning of this year, we didn't really know what we were doing," she recalled . "We were fortunate to have a good treasurer who reeled us in and fixed ev-

Celebrating BlackJudges in Canada

· year 2000 appears to be a great percentage increase. However, if we look closely at the figures, we realize that the statistics translate into no appointments in New Brunswick, Saskatchewan, Newfoundland, one or two in the other provinces, and a dozen in Ontariowith most judges serving at the provincial court level.

Beyond the statistics are the excellence, courage and dedication of the men and women honoured, not just for their achievement, but for being active mentors in their communities, and ground breakers m the profession - most notably, Judges Corrine Sparks, Juanita Westmoreland Traor and Justice Julius Isaac (who was unable to attend). Over the course of the evenmg, whether by speech or personal conversation, I was overwhelmed by their graciousness and focus.

In one spec1al moment we celebrated those special qualities, as lived in the life and career of the late April Burey. April was honoured with a special posthumous award

by CABL vice-president Sandy Thomas. The award was accepted by her son Martin, who said: "On behalf of my mother, I would like to thank you very much. I know she would have treasured and cherished this." As the attendees rose in a standing ovation for April, I remembered once again why the legacy of the judges begins with excellence, but may be completed only in the overdue recognition from all our communities.

BY KATHERINE WALKER February 29, 2000- At the recent Cecil A. Wright Memorial Lecture, entitled "Homelessness and Community," Professor Jeremy Waldron attempted to dispel the argument that homeless people pollute public space. Waldron, Director of the Center for Law and Philosophy at Columbia Law School, sympathized with the plight of the homeless in North American cities, and asserted that removing them from public parks, doorways, and thoroughfares is not the answer.

Waldron chastised an American municipal government for its "Matrix Program," which was designed to stop homeless people from "colonizing the streets" and impeding the community from "using public space as it was intended." He argued that the presence of homeless people served a utilitarian function, according to John Stewart Mill's harm principle. "The utility of a thing is not to be mea,urect ;,ccording to tho pleao;uro or oAin

3

21 March 2000

it

causes, but by calculatmg the permanent m-~-">ooll · terests of humanity as progressive beings."

To progress, humans need to be disturbed , distressed, and challenged by alternative lifestyles and conflicting ideas. Otherwise no ethical confrontation will take place, leading to inevitable decline. In other words, when a respectable citizen walks down the street thinking that all is right with the world, trips over a homeless person, and realizes all is not right with the world, that's progress.

Waldron's second argument against homeless relocation policy was the "Broken Windows" theory. He analogized homeless people to broken windows - both are in a state of "disrepair" and tend to attract crime. The solution to a broken window is obvious: fix it.

Were this solution to apply to homeless people, it would mean a policy of providing facilities such as public washrooms and shelters. However, municipal politicians would rather sweep the homeless away. This makes as much sense as demolishing, moving, or steering clear from a building as ~0on as a few windows break.

While Professor Waldron spoke dynamically, upon close scrutiny, some flaws in his analysis became evident. Waldron did not offer many suggestions for how communities could deal positively with homeless people. It is true that seeing homeless people in public space is a reminder of the inequities in our society, inequities that would persist even if the homeless were pushed off the streets and out of the parks. But the real question is how to eliminate poverty and inequality, and building more public washrooms is not a satisfying answer.

leaders to believe that there is plenty to go around. However, as SLS Vice President Chris Wright was quick to point out, $25,700 was earmarked for the Career Development Office, based on a non-discretionary student levy of $50 renewed by referendum last spring.

As has been tradition, $7,800 went toward a library donation, and another $7,500 will be used to sponsor the summer Public Interest Advocacy Internship.

After these expenses and an orientation tab of $1,000, SLS had about $16,500 in discretionary funds to work with. In September, Council instituted a new policy for setting its annual budget. SLS felt that last year's formula, which allocated funds according to club membership numbers, was inequitable. Instead, according to Wright, it decided to "evaluate each group according to its goals, organization, and plans. We encouraged all groups to submit detailed budget proposals and to attend the meeting." Only a handful of clubs attended, including Ultra Vires. SLS Treasurer Chris Tortorice found that membership presence may have put pressure on SLS members to allocate substantial funds to those clubs at the expense of other worthy groups. "While it was fair, since all groups were invited, because the votes were done in

front of the clubs, it might have suppressed discussion among voting members," Zaman acknowledged.

Unfortunately, the SLS was unable to diStribute a large portion of the funds it promised. Ultra Vires was among the hardest hit.

"I think it's a great thing for the law school to have a newspaper," attested Zaman, "and (SLS) would have liked to have shown our financial support, but we didn't have the money." He observed that UV has managed to publish free of assistance all year, and had amassed substantial advertising revenues. "In terms of looking at groups, the question was, 'can the group survive without the funding?'

It's difficult to give money to UV, which hasn't given any indication of need or inability to raise the money itself, when other clubs like the NLSA and AIW want to host an event and have no other source of income."

Kluger did not accept that UV's advertising revenues should lessen the legitimacy of its funding request from SLS. "We have been lucky enough that our advertisers have covered the cost of producing each issue of the paper. We were asking the SLS for money that would go towards the long term - for software that would ensure the future security and viability of the paper."

In his letter to UV explaining the cut, Wright explained that, "(W)hile the: SLS appreciates the desire of Ultra Vires to rema in

neutral and independent, the SLS is unable for audit purposes to direct students' money to a group that is unwilling to allow the administration and monitoring of its accounts.

No other group on campus is permitted to maintain a bank account for precisely this reason. " Zaman reiterated that it is important for the SLS to keep a full and accurate record of exactly where its funding allocations are going. Editor-in-Chief Melissa Kluger had a difficult time accepting this reasoning.

Ultra Vires' budget proposal clearly indicated that the funding request was directed at purchasing publishing software, and had the money been spent, she would have gladly presented a receipt to the SLS. Though clubs are feeling the pinch of reductions this year, Tortorice's efforts have ensured that SLS will be in the black. Zaman is hopeful that next year's Council will follow the example of fiscal responsibility and ensure that future deficits are avoided. Zaman remarked that he perceived his Presidential role as "also a trustee, with the responsibility of assuring that the students' fees are going to worthwhile and deserving activities."

SLS has increased accountability by requiring detailed budget requests and receipts from clubs. It is also advertising for a student fundraiser, who will be compensated with a portion of revenues, in order to alleviate the cost of the yearbook and other projects.

Ultra Vires is still accepting applications for the following masthead positions: Advertising Manager On-Line Editor Photographer All inquiries and applications should be directed to: Melissa Kluger Editor-in-Chief ultra. vires@utoronto. ca

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Ultra Vires

4

First ¥ears Try Out Mooting \Xlith facta already n1ade, tudents enjoy advocacy

S noc we arriVed otlaw school m Septcm ber, f rst year students hav heard a I about 'mootin Th Voluntary Moot program in the r:rst w of March was our first opportun ty to "E vc t a shot" ourselves OrganiZed by Rtta Maxwell and Barb Yucn and sponsored by the former Bord n & Elhot, th expcn· enc allowed students to test the r ora! advocacy siC :s In prcparat or. for the compulsory moots tn second year as well as for compctt· love mootmg Armed w th ready-made facta, fwe months of contracts, torts, cnmmal or constitutional law under our belts, and a I ttle courage, we prepared to face our upper-year and practl· !loner JUdges. The moot turned out to be less fnghten ng and more fun than we could have ant1c1pated. "Readymg ourselves for the event was less daunting than our Trial Ad experl· ence," was Keya Oasgupta's evaluation. "ThiS time around we had an actual clue as to what we were talking about, or at least convinced others that we dtd."

As Is standard in mooting, each speaker

had twtnty m nutes to present h s or her ora rgumcnt to the panel, and was tDid tn ex· pcct QuestiOnS from the 1 Wh le nerverocki at ftrst, th qu t!OOS pi'OIICd to be the most lntCJ tl part o! the exertls "As I got up at the podtum and began my carefully-crafted speech, th qu bons began,· recalled Ahx Oosta• "ThiS sparked an mterestJng d a' e between myself and the Judges as I tried to respond to questtortS desp1te the fact that I had no d a of any of the answers • The judges' prob ng QUestions Illustrated that mootmg IS far more lntncate and Involved than m re speech readmg. "As I began to r lax and enjoy the mterestlng exchange, I found that hey, mootmg ts actually kmd of fun • Dostal reflected ·one of the b1ggest cha enges was selecting the appropriate t1t1es when speaking to the panel.• Oasgupta attested "There were some mterestmg vana· t1ons on the reQUISite 'Your lordship' and 'Your Ladyship'," The moot enabled first·ycars to dress up in suits and stretch our newly-acquired legal muscles In a comfortable environment. Although rn the end no one emerged victon· ous, we all celebrated our successful debuts by adJourning to a local watering hole. Among those of us who participated, not all will choose to become litigators, or even com· pct1tive mooters, but the voluntary moot provided one evening's taste of appellate advocacy.

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Ultra Vires

6

Letters to the Editor

The Pits and Follies of Studying Law At this year's Law Follies, audience and cast members alike enjoyed a light-hearted take on life at law school. While the show varies each year- with different skits and impersonations of professors - there are certain jokes that are always sure to be crowd-pleasers. One of those jokes is the "you used to want to change the world and now you've sold your soul to Bay Street.w The line is probably popular because of its cathartic effect- the comfort of laughing at something that is actually a serious concern to so many students.

As the year draws to an end and some students prepare to bid farewell to the law school, some to the agonies of first-year, and others to their pre-law school lives, it is important to ~uestion what our three years here are all about.

What does it mean when students come to law school as Individuals dedicated to change and leave laughing at themselves for what they've become instead? Where does the apathy come from? To where can we trace this feeling of defeat? There is a real problem when third-year students can hardly muster enough interest to get to class; and when second-year students can't muster the energy to find any job other than one in corporate law.

"Alternatives" to Bay Street and Wall Street practice are framed precisely so - as alternatives to the "correct" career path. This is not to say that these are anything but great career paths, but that it is odd this is the only one

To the Editor,

that most students take seriously.

It may be that it is simply easiest to go with the path that seeks you out; alternative practices or employment possibilities do not hold packaged career days or call days or interview weeks. But what is it about the Faculty of Law that makes its students so disinterested and docile that the vast majority simply trudge down the pre-arranged path? Is it the steady diet of dry case-law and the notable absence of argument over law and morality, policy and values, that characterizes so many classes? Or is it simply the natural process of wearing down after six or seven years as a student? Surely it is not the nature of law itself... is it?

Student burnout and apathy is a matter which should be considered seriously. The kind of people who start studying law here are eclectic, energetic, and often free-spirited. The kind who leave are - with exceptions, of course - corporate drones, drowning in debt and disillusionment.

Law Follies picks up these fallen spirits a bit by g1ving us a chance to laugh at what we've become and feel like we're all in it together. But it may be just another part of a system which saps the vitality of energetic youth so that the Faculty of Law can, instead, look young and energetic. With problems as great as these, perhaps laughter shouldn't be our only medicine.

In the January 25 issue of Ultra Vires, Paolo Tonelli attempts to deflate the argument behind Selwyn Pieters' human rights complaint against law school reliance on the LSAt If Selwyn Pieters' argument is so flawed, then attacking it should be as easy as hitting the broad side of a barn. Unfortunately, Mr. Tonelli misses. To be racialized is to have an oppressive social construct, race, imposed upon one's self, often from a very young age, in a myriad of overt, subtle and even insidious ways. Thus, contrary to what Mr. Tonelli assumes, racialization has nothing to do with biology - nothing beyond the fact that it is triggered by an individual's outward physical characteristics.

Being racialized is also not the same as being part of a culture. A culture is self-creating and self-defining, whereas the racialization of that culture is an externally imposed constraint. A culture is by nature dynamic, whereas racialization is only dynamic to the extent that it must match a culture's evasive manoeuvers. Thus, in contrast to the strawman argument Mr. Tonelli sets up, Pieters' argument actually has considerable merit. To the extent that a group tends to score lower on the LSAT, the LSAT is biased against that group. If that group is identifiable primarily by its racialization, then as a matter of substantive justice, the LSAT's bias should be corrected or the test should be relied upon to a lesser extent in the law school admissions process. The shortcoming lies not with the groups who suffer racialization, but in the mechanisms which enforce this

racialization. If the LSAT is biased in this way, then it is simply part of this unjust power structure.

Sam Babe {Law/MBA I)

I wrote an opinion piece in Ultra Vires {November 1999) concerning the lack of diversity in the Feminist Bridge week. After having completed the Economics and the Philosophy Bridge weeks, I felt it would be unfair if I didn't express my concerns about the lack of diversity among the presenters and within the materials of these later two bridge weeks. As feminists are generally concerned with the issue of equality it is easy to target the theme week on feminism for failing to include a broader segment of women and feminisms. That the other weeks focused on issues other than equality does not mean that they are immune from the same criticism. It was disappointing to note that only one woman spoke during the Economics week and none were present during the Philosophy week; furthermore, there was a total absence of people of colour among the presenters during both of those weeks. Diversity of instruction is important if we are to dispel the notion that the legal profession is an "old boys club." The Faculty of Law needs to pay attention to the issues of discrimination beyond the two bridge weeks devoted to feminism and race.

Estee Gartin {I)

for liberal Arts Students? torically and in the present. We cannot gain such understanding without some groundMr. Harris' recent decision to privilege tech- ing in the disciplines in question. For innicaVscientific education over the liberal arts, stance, the very idea of "rights" took shape social sciences and humanities has prompted as part of the Enlightenment project of the an extended correspondence in the papers, cul- early modern West. Enlightenment ideals minating in a hilarious piece by Orland French have a firm hold on our culture; indeed, so in Thursday's Globe and Mail. It is worthwhile much so that the work of the larger legal asking what stance law students should take community consists, essentially, in translatin this debate. It is hoped that we come out on ing these ideals into a legal idiom and, in the side of the liberal arts, social sciences and terms of practice, implementing them in humanities in general, not least because many, society while trying to resolve the predicathough by no means all, of us have backgrounds ments that such implementation inevitably in just those fields. It should be obvious by now entails. Such work can only be undertaken that we cannot hope to get a handle on the if facilitated by a legal education that is, at ideals that inform societies like ours - ideals root, a liberal education; and so it is unforsuch as freedom, equality, autonomy, universal tunate that its importance is being underhuman rights, etc. - unless we have some un- played by an ostensibly anti-intellectual bent derstanding of the political, philosophical and in the government's approach to education.

What is interesting and noteworthy in this cultural struggles that produce them, both his-

connection is that Mr. Harris' philistinism and commitment to "practicality" appears genuine and heartfelt; he exhibits no intellectual yearnings, nor any insecurities in this respect; he does not avail himself of any forms of expression that smack of the cerebral or learned, not even for the purposes of snobbery. Once they are written, if at all, we can expect to find very little politico-philosophical speculation in his memoirs. In this respect he is very different from the Conrad Blacks of this world who - interestingly, not unlike the Castros and Quadhafis- like to partake in what they percieve as high-brow thought and tend to view themselves as accomplished scholars, publishing formidable-looking tomes containing their apparently considered thoughts on matters political, social, cultural, historical, etc. Of course, this does not mean that the endeavors of the Harris government are not

The first year of Ultra Vires has been a great success. We couldn't have done it without you. Thank you to everyone who supported us by writing, reading and funding this new student initiative. With your help we've been able to provide a student voice at the Faculty of Law. Kathy, Devon, Andrew, Jeff, Brendan, Dina, Eileen, Lori, Melzs'la, Adricm, Rebecca, Mary, Ron

Ultra Vires would like to thank all of our contributors\

Are LaW Schools the Last Bastion of Security

BY AITILA ATANER

?

•

To The Editor,

informed by a particular vision of the political good or that this vision does not have a significant role to play in the wider intellectual economy of our society. It only means that, with Harris, this "vision" and the ideals that surround it are inarticulately, unconsciously, even instinctively held. In turn, th1s tendency to take rightist/conservative ideals for granted, as if they require no articulation or justification, reinforces further the aforementioned genuine commitment and ideological resolve of the Harris revolution.

This also explains Harris' preference for an educational culture that, steeping its students in soulless practicality, is more likely to produce effective drones and moral eunuchs, people whose idea of creativity involves de-

see "Governments" on page II

N atasha Amott Attila Ataner Cathy Bate Matt Blackett Simone Boxen Jason Brock Dave Bronskill Jaime Carlson James Cowan Stephen Cox Mark Crow Steve Crozier Keya Dasgupta Justin Denis Adrian Di Giovanni Alix Dostal David Duff Matt Duffy Michelle Dwyer

News Edit0111

Business Manager Rebecca Wickens

Lori Stetn & Jeff Tor\Un

Brendan Van Nlejenhuls

D111ers ons EditOrs Andrew Ashenllurst & Elleor> CosteUo

OptnlonS & Legal Issues Ed'tor Ron Levy

Clubs & Cl nics EditOf Kathy L pic

Commentary Ed1tor Dina Bogecho

Production & Design Adrian Wi lsher

Advertlslng Manager E1leen Costello

Copy Ed1tor Mary L1ston

Ed~onal Page Ed1tor

is tho student newspaper of the Faculty of Law et the Un verslly of Toronto Our goal IS to provide a forum In which students can exchange their ideas We hope to foster a sense of oommunlty wtlhm the Facu ty of Law. the University as a \Yhole, and the greater City of Toronto It IS our m1ss10n to Increase student awareness of legal and social ISsues and, In tum. to encourage our peers to oontrtbute to the many communities of whiCh we are a part

On-line Ed1tor

Devon Rutherford

EDITORIAL

Ultr8 Vres Is en editorially aut()!l()lllOUS newspaperworlung in coopcrubon .vtlh the Faculty of Law's Students' Law SOCH!ty (SLS) Ultra VIIBS IS open to contnbullons wh•ch ~efloct d1vcrso potnts or view. and Its contents do not necessarily reflect the views of the Faculty of Law, the SLS or the oc!llonalboard. Theedltorswelcomeoontrlbutions from students faculty and other Interested persons, but reserve the 1111ht to ed•t subm1ss1ons for length and content.

CommuniCObons Centre, Falconer Han 84 Queen's Pari<:. Crescent TOfonto, Ontario MSS2C5 ultra vlrcs@utoronto.ca www.law utoronto.ca!ultravires Advertis•ng 1nquines should be sent to Eileen Costello at e•leen.costeilo@utoronto.ca. unra V1res 1s published monthly, and 1s printed by Wener Pubfishlng in Toronto Circulation 2000.

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8

Ultra Vires

Mike Harris and Public Bad Blood: Why Ontario's Pretnier is So Unloved in Toronto

BY R ON L EVY

Unwritten rules may be important rules.

Canada is distinguished from the United States in part on the basis of our wealth of rules that structure our democratic scheme, arising out of lengthy tradition rather than formal rule making. But Canadian leaders must live up to public faith in their honourable conduct if the rules are to function. Harris and Mulroney, thumbing their noses, took advantage; they shifted the rules for their own uses to practise an adversarial politics in which winning is everything. Cases in point:

Mike Hams is despised by many, at least in the core of Toronto. The Premier presumably picked up many of his detractors due simply to his zealous pursuit of the variety of conservatism for which he stands. But dislike of the Premier is a little more visceral than we might expect, a little more frustrated and embittered. A clash of ideologies alone is not sufficient explanation for fierce Harrishatred, now in its sixth year.

The American political system might help us understand. Though it is ailing and per- March, 2000: Premier Harris creatively adverse in a number of ways, the political proministers federal funds intended to relieve stucess in the United States might even teach dent loan debts, applying the money against us something about how we in Canada ought the portions of debts that students already to relate to our elected leaders. need not pay.

The party nomination season that is now winding down in the United States was, as it - May, 1999: Claiming an abiding interest in always is, an affair concerned with celebrity taxpayer relief, Mr. Harris nevertheless turns and- seemingly- abject superficiality. McCain down $500 million in highway privatisation the pilot was shot down over Vietnam, Bradprofits from one firm in order to contract with ley was a basketball star, Bush might have another offering cash up front. The ready cash sampled some drugs and probably philandered makes the election-year budget look more liberally in his early adulthood -these things attractive.

I know. I think that McCain is anti-gay- about this I'm not quite sure. Neither, it seems, - 1995: Democracy means something more were many of the voters who came out for than electing representatives every five years. their state primaries.

This basic principle is violated during the amalThe conventional media wisdom holds that gamation furor, when Mr. Harris pushes at times like these, when the economy is through a fundamental change to the murobust, "issues" don't matter to American votnicipal structure of Toronto despite a 70% ers. "Character" is the only issue. Elections referendum vote against the measure. resemble sporting events; political analysts \oe.t~\'~ o;,n\\\:mv, "rnornet~\urn" ana o" e.t nuv,1988, 8rian Mulronll(:t uo;.es an a\rnoo;.\Aot· gets such as "it's Bush's campaign to lose." gotten power to appoint eight new ConservaI have long been thankful that this is not a tive senators, ensuring passage of the GST situation mirrored in Canada. The details of bill. the legal proceedings involving the children of Ralph Klein or Jean Chretien have slipped There is nothing we can do in response my mind, but nurture frusthough I recall r - - - - - - - - - - - - - - - -d-.----, !ration and spite. much more viv- The details of the legal procee mgs The unwritten idly the shenanigans of various distant relatives of JFK. But perhaps we can draw on

involving the children of Ralph Klein or Jean Clrretien have slipped my mind, though I recall much more vividly the shenanigans oif various oifJFK's relatives.

some American habits to deal with our sublimated political rage - that is, maybe closer explicit scrutiny of who our leaders are is healthy, given that this dimension already seems to drive our political choices. Anger in Ontario stems from more than the Premier's cuts and reallocations of wealth. It accumufates every time Mr. Harris acts like a bastard, irrespective of the ideological context in which he does 1t. The Premier shares with Brian Mulroney the distinction of brazenly breaking too many unwritten rules of governmental behaviour that we trust our elected leaders to follow, but bound only by a sense of honour.

rules broken are rules about democracy, accountability and honesty. Going well beyond the

sort of pragmatic fudgingcommon among politicians, here we have conduct that is cynical and consciously manipulative.

The United States creates and consumes its own celebrities. Canada usually does not: few public figures who start in Canada, stay in Canada and are known only to Canadians reach a point where there is public desire for knowledge of their personal qualities. This is why we don't care about Klein's kids, or the recent break-up of the Harris marriage. But perhaps we need to be more American. Maybe we would do best to develop a culture that obsesses over its political players and, as a corollary, is a little more easily scandalised

Worried about missi ng Ultra Vires t his summer? Enjoy the year's stories at www.law.utoronto.ca/ultravires

OPINIONS

by their misdeeds.

Maybe we would do best to scale back Canada's generous zone of media taboo- that area of "character" subject matter that is immune to scrutiny, while the purely pecuniary is fair game. In the public Canadian mind, Human Resources Development Canada plays an order of magnitude louder than APEC. Vote rigging by BC NDP leadership candidates generates modest media ripples at best. And coverage of Premier Harris' more recent

machinations languishes with a handful of under-read columnists and over-earnest free weeklies. Alternatively, perhaps we can avoid the American approach and its unfortunate excesses, e.g., "Monicagate". Maybe weor, rather, those who serve us - should look instead to better upholding the implicit contract between the public and its elected leaders. That is, we'll leave you alone and in return you must respect our basic political rules.

Learning a Lesson Frotnthe Pinochet Mfair

BY AMANDA ROELOFSEN Absurd as it sounds, I think Augusto Pinochet deserves our grudging respect. For what a strange combination of good connections, money, evil and calculation it must take to dupe, not one, but tour of Britain's most highly respected physicians, and then the British Home Secretary, Jack Straw. But dupe them, Mr. Pinochet most certainly did, and he did it masterfully. Pictures don't lie and the one on the front page of the Globe and Mail a couple of weeks ago could not hide the look of smug satisfaction on Pinochet's face. There was no hint of the "extensive brain damage" or "limited ability to understand comple:. r.entencco;. and questiono;., due to loss of memory," nor any indication of an inability to understand the "implications of the questions asked of him" - all of which formed part of the medical assessment drafted by the panel of experts. In fact, Pinochet looked very much as if he understood the "implications" of the events that have transpired over the past year and a half. He was this close to being extradited from the United Kingdom to Spain (and a host of other countries that later signed on) for crimes committed by him during his reign of terror in Chile from 1973 to 1990. Instead, Pinochet is now literally home free, thanks to a blanket immunity he provided for himself in the deal that was arranged to finally get him out of power. When he stepped down in 1990 as head of state, he promptly took up the post of "senator for life" with all the perks (including immunity) that that title bestows.

Chile repeatedly lobbied throughout this affair for Pinochet to be returned home, arguing that the issue was a domestic one to be dealt with en famille . Chile's position has some legitimacy though -there is more than a touch of irony that Spain (the colonizer of Chile and 1tself an oppressor of Chileans) and Britain (another colonizing country that always wanted to conquer South America but failed) would be the countries to take over from Chile in dealing with its most recent dictator. A final, lame attempt at exerting their dying influence on the world stage perhaps?

While this is an interesting interpretation of the politics involved in this affair, those of us who strive for the enforceability of international human rights must ultimately overlook it. It has been clear all along that when it comes to the human rights abuses committed by Pinochet, there is little chance that justice will be served in Chile.

Pinochet may be back in the safety of his home country, but that does not mean that the efforts of Baltasar Garz6n, the Spanish judge who instigated the extradition request, was without success. True, Pinochet may now be out of reach, but a clear precedent has been set: the House of Lords judgement of March 24, 1999 (plus the first one of November 25, 1998) was clear in asserting that no one in the world is immune from prosecution for violations of international human rights. This is a momentous decision in the quest for the legitimacy of international law and international human rights law more specifically.

The Pinochet case is seen by human rights defenders as having several successes Per haps most importantly, it has contributed to the increasingly stimulating debate around human rights issues and the role of the global community in protecting those rights and prosecuting those who abuse and violate them.

Despite the fact that the United Nations has existed for over fifty years, it has really only been in the past twenty or so years that human rights law has taken on a significant role on the international stage. This case proves that even the most conservative of bodies, the House of Lords, now feels compelled to take into account legal arguments based on human rights treaties and norms.

This case was a clear indication that the world will no longer tolerate impunity JUSt because of a political title. World leaders everywhere are currently reassessing their future travel plans. It is also hoped that the Pinochet case will provide encouragement and support for the establishment of the lnterna· tiona! Criminal Court (ICC), currently in the stages of finalizing its rules and procedures.

The ICC will allow the international community to bring to justice other perpetrators of similar crimes, despite the wishes of home countries.

Like any dictator, Pinochet wanted to make his mark and leave a legacy after hts seventeen years in power. He may now be safe at home, surrounded by his loyal supporters and protected from his opponents, but the world will not remember him as he intended. Instead, his name will go down in history as a warning to all those people who mercilessly abuse the human rights of others, assumtng that their title will protect them. The next one may not be so lucky as to be as quickwitted and theatrically-inclined as Augusto Pinochet.

& LEGAL IssuEs

9

21 March 2000

Thoughts on the Meaning of the Persons Case Massey College I School of Graduate Studies Symposium helps us define "girl"

BY MATTHEW SULLIVAN Whenever 1 used the word "gtrl" tn her presence, my ex-girlfriend would correct me, a~d substitute the word "woman". Without fatl, this brought me to an inner battle, catching me between my drive to rests! pedantry and my desire to better myself through sensitivity to others' experiences. However, now that the dust has settled on that relationship and 1 no longer feel the lover's need to contradict everything my partner says, I think I must concede the point. After all, there is a palpable reason why the signs advertising the Brass Rail (famous here for other reasons) read "Girls, Girls, Girls!" and not "Women, Women, Women!".

All thts 1s to say that there are norms animating language, just as there are norms animating law. The norms animating language are disputed everyday, and they change incessantly, incrementally. The animating principles of laws, however, shift only after the tectonic shock of litigation in the nation's htghest courts. A most interesting place to be is where these two vectors meet. Seventy years ago, the Supreme Court of Canada and the Privy Council decided just such a case. Just like my ex-girlfriend required of me that I reconsider what I meant by saying "girl", Nellie McClung, Hen rietta Muir Edwards, Louise McKinney and Emily Murphy asked the Courts to redefine its assumptions about language and law. The implications of their decision are significant to this day.

In 1930, the word in issue was "persons" and the question was whether it should be interpreted as including female persons so as to admit women into the membership of the Senate. The Supreme Court held that since the exclusion of women from office was a wellpedigreed hallmark of English society, junsprudence and statute law, the "ambiguous" nature of the word 'persons' indicates that it must be read as including men alone. Upon appeal, the Privy Council reversed the Supreme Court and held that intention of the framers of the British North America Act was to include both genders in the definition of 'persons'. The "ambiguous" word "persons" must be read as including women as well as men. The Privy Council arrived at this conclusion by rejecting "narrow and technical" constructions in favour of "large and liberal" interpretations which allow our Constitution to grow organically within its natural boundaries.

This past March 3n1, the Persons Case (as it is now known) was commemorated by a sympostum held by Massey College and the School of Graduate Studies entitled, "Stepptng Forward, Stepping Back: Women's Equality at Century's End". Moderated by author and journalist Stevie Cameron, the symposium featured Madame Justice Claire t.:HeureuxDube, Law Professor Beverly Baines, Politicial Sctence Professor Sylvta Bashevkin and Semitor The Very Reverend, The Very Honourable Lois Wilson. The Sympostum provided legal, polittcal and spiritual perspectives on the

progress of women's equality since the Persons Case, and especially since the equality provisions of the Charter were enacted in

1985.

All of the speakers made it clear that the day the Persons Case was handed down was not a watershed for the substantive rights of women in Canadian society. After all, as part of their reasoning, the Privy Council cheerily held that if the legislature had wanted to exclude women from the Senate floor, that was within its powers so long as it mentioned women by name. For some commentators, such as Professor Baines, this seems to render Persons an empty victory at best and, at worst, the first in a long line of cases in which the Courts go through the motions of defending equality when in reality they are matntaining the status quo.

It is anachronistic to expect a human rights decision out of the Persons Case. It also misses the point. The virtue in Persons is that, upon the most traditional criteria, it is clearly the wrong decision. The Supreme Court's reasons are more persuasive; there was simply no reason to believe that the authors of the British North America Act had any intention to diverge from so well an entrenched notion that women should be spared the burdens of public office. Does that mean that the Privy Counsel was an activtst bench which was intent on social change no matter what the black letter of the law? That accusation is a little anachronistic too.

The Privy Counsel was a triumph because it recognized that there were two mtentions operating within the British North America Act; the specific intention to restrict the category of senators, and a general intent to create a flexible document responsive to the needs of an evolving Canadian society. The genius of the decision is that it recognizes when it is time for the latter intent to subsume the former.

Madame Justice t:Heureux-Dube's comments at the symposium were interesting because they drew out the continuity between the Privy Council's organic and expansive approach to statutory interpretation and her own pioneering judgements on the definition of 'equality' in section 15 of the Charter. Madame Justice ~Heureux-Dube has led the Supreme Court in its rejection of a technical and formalistiC definition of equality (best represented in Canadian Bill of Rights jurisprudence, as well as the equality cases in the U.S.A.) in favour of a substantive and con-

textual definition. This definition exploded the eighteenth-century ctvil liberttes notion that all persons are entitled to equality insofar as they resemble white, middle-class, Christian men. In its place, it left the imperative that equality be judged from the perspective of the petitioner, subjectively, and with empathy. This is to say the Justice t:Heureux-Dube reconfigured the legal definition of equality so that it could embrace the experiences of women (and minorities), just as the Privy Counsel redefined "persons" so that it could enfranchise women . The key here is that language is the gateway to an egalitarian society.

No one at the symposium grasped this last, essential point as well as Senator Lois Wilson. Leaving the legal and political arguments to her fellow speakers, Senator Wilson elected instead to deliver a sort of pastoral discourse.

We recreate reality every day, she said, by telling stories about our past to ourselves and each other. These stories define who we are as individuals and communities. Unfortunately, they are often powered by out-moded or destructive tdeas. Innovation and equality can only be achieved by taking these old stories, which link us to the past, and replacing their old norms with our new ideals. Stories about pie in the sky must be recast into stories about the here and now. Stories of individualism must be recast into stories of authentic and interdependent community. Stories of "family values" must be recast into stories of personal and soctetal transformation. Such transformation, Senator Wilson said, is the essence of the religious imagination. Stories which define power as control and violence must be recas\ in\o stories wnere power is \l"le empowerment of the community. Stories in which sexuality is vilified must be recast into stories where it is celebrated. These are five transformations which will redefine our thought, language and law.

I will leave you with an example of what Senator Wilson was advocating. We are perhaps all familiar with what little girls are made of: "Sugar and spice, and all things nice, That's what little girls are made of."

Smiling archly, Senator Wilson told the audience that she re-worked the rhyme for the benefit of the younger members of her family, and rendered thus: "Subverstve and strong, the whole day long, That's what little girls are made of."

Mentorship Program a Success with Toronto Students

BY MARCIA j AMES The Mentorship Program started as a partnership between the Faculty of Medicine and the Toronto District Board of Education as a way to encourage secondary school students from backgrounds that have been traditionally underrepresented in university to gain knowledge of a particular profession. The program started with fewer than ten high school students, but last year included over 130 students from five school boards, plus hundreds of teachers, mentors, professors, administrators and volunteers. The other faculties that participated were the faculties of engineering, social work, dentistry, nursing, and other health sciences. Last year, the Faculty of Law welcomed twenty African Canadian, South Asian, Asian and Aboriginal students from the ages of 15 to 19 to spend six challenging weeks learning about the law, and acquiring skills that would benefit their post-secondary education.

The students thoroughly enjoyed their field trips which included the Ontario Human Rights Commission, McCarthy's, Blake's, Tory's, Queen's Park, the Law Society of Upper Canada and the Department of Criminology, Old City Hall Courts, and other offices. The students also heard from a wide variety o1 speakers from the Law Faculty, the Aboriginal Court Worl<.er's Program, 0\..S, Correctional Serv·1ces, and Bob Rae. Some students, such as Treasure (who suited her name), particularly enjoyed the social aspects: "I like the fact that I met new people and that when the program is done I will still be in contact with [them]."

Others found that the program opened up a new world. Maria· wrote, "This program has been a great learning experience, I found out a lot I didn't know before about law. There are so many options open to me." Another student, Julia, after meeting with Juhan Roy, stated; "Before, I never wanted to be a defense lawyer because I could not stand helping criminals, even if they were innocent; I would always feel that they were guilty. Now 1 understand that it is much more challenging to be a defense attorney."

In addttion to all of the trips, the essay, and the mock trials (special thanks to DLS!), the students also had to complete journals, library assignments, reflections, lecture notes, and oral presentations in order to receive two ' social science credits towards their diploma.

Furthermore, many of the students balanced other commitments such as part-time jobs, housework or caring for their younger Sib· lings. As a result, many found the program very challenging, and some would have preferred to spend more time learning from lawyers, and less time researching and writing. • In conclusion, there is one common message for everyone: to all you students, professors and staff who are on campus during the summer, be prepared to be offered the privilege of becoming a mentor to a group of motivated and bright students, because the time you spend with the program's students may be one of the most rewarding experiences you will have at law school.

CoMMENTARY

21 March 2000

10

0 Canada! From

Pro Bono leaders hold conference

Practitioners Share Wealth of Experience at ILS Conference

Letter Writing

Sea to Shining Sea

Campaign Devoted to

BY ANDRES P ELENUR

Hwnan Rights

BY STEVE CROZIER

AMNESTY Co-CHAIR BY }ENNIFER KHuRANA

Amnesty International is an international or· ganization devoted to protecting human rights as they are enshrined in the United Nations Declaration of Human Rights and other international agreements. It all began in the 1961, when Peter Benenson, a London lawyer, took up the cause of a group of Portuguese students who were imprisoned for toasting to 'freedom' in a public restaurant. His organization of a letter writing campaign grew enormously, gaining tremendous supper! from all over the world. By the end of that year, Amnesty International was born.

Today, Amnesty works for prisoners around the world to ensure they receive fair and prompt trials, to end torture and executions, and to secure the release of all prisoners of conscience. Throughout its efforts, Amnesty strives to maintain its impartiality in the pclitical process. The campaigns focus on the treatment of individuals, not the advancement of any one pclitical agenda. Individuals are selected on the basis of their accounts, the accuracy of which is verified by human rights workers. It is this combination of accuracy and impartiality which enables Amnesty to

On March 3" and 4•. representatives from twelve law schools across Canada gathered at the Faculty of Law for the first natrona/ meeting of Pro Bono Students Canada (PBSC) Student Co-ordinators. The meeting, bringing together co-ordinators of Pro Bono programs from five Ontario law schools as weH as from law schools in Vancouver, Calgary, Alberta, Winnipeg, Fredericton, Moncton and Halifax, allowed co-ordinators to share experiences about their respective programs, and to brainstorm about the future development and growth of PBSC nationally.

Catherine Bickley, National Director of Pro Bono Students Canada and the program's coordinator at the University of Toronto, commented on the value of the gathering, "Although the PBSC member schools generally keep in touch through e-mail, there's no substitute for getting evei}'One together in person to exchange ideas and experiences. • Leah Teasdale, PBSC Co-ordinator at the University of Alberta likewise described the impcrtance of face-to-face interaction among Coordinators. "Working fairly independently in a influence international events.

PBSC oflice tends lo give you the feeling that ate a\\ a\one. \\:. \Nas wea\ \o meet e"Jer;"one 1Tom a" over Cenaoa, rea"zmg \hey neve

':IOU

'

11

Ultra Vires

the same triumphs and problems you do in running the program."

The two-day meeting included a panel discussion on the elements of a successful PBSC placement, as well as a dinner meeting featuring Geri Sanson and Mark Hart, partners in the firm of Sanson and Hart, who practice in the areas of human rights, employment and labour law. Geri and Mark spcke about the challenges and rewards of pro bono work, and about the need to achieve a workable balance of pro bono and paid work within a lawyer's practice. Both have been involved in litigating a number of equality rights cases, many requiring countless hours of pro bono services. Geri spcke about the impcrtance of this commitment, relaying her pro bono involvement with two lengthy inquests that focused on violence against women by former partners and in the workplace.

The gathering spanned a range of experience, bringing together law schools who have been involved with PBSC since 1996, as well ' as new member schools that very recently joined the program. "The meeting was an excellent oppcrtunity for newcomers to learn of the successes and challenges of the program." explained Andre Daigle of Universite de Moncton, one of the most recent law ·schools to join PBSC. At our school, the students have been looking to incorpcrate 'real life' experience during their time in law school.

We're optimistic about PBSC's success."

Daigle concluded.

The National Student Co-ordinators meeting, reflecting the truly national character of Pro Bono Students Canada, was also a way of recognizing the dedication of hundreds of law students across Canada to making a difference in their communities by volunteering their legal skills and resources.

CLUBS

"The A.mnes\'; \nterna\.iona\ Chapter at the ~acu\\.'1

o' Law act.\\Je\':1

s.upopo~

\.r.-..,. in\ef-

nationa/ campaigns. Members meet on a monthly basis to write letters and exchange

information. Annually, the group holds a Holiday fund raising event to help finance its activities.

Letter writing is the principal activity of the membership at the law school. This letter writing focuses on the plight of an individual whose rights are being infringed. An example of such an individual is Oeogratias Bazabazwa, a Rwandan nationaL Mr. Bazabazwa is a school teacher and is currently being held under a death sentence in Cyangugu Central Prison, Rwanda. The death sentence was imposed by the Rwandan Appeal Court in September 1999. He was found guilty of participating in the 1994 genocide. Deogratias Bazabazwa had been earlier acquitted of charges of participating in the 1994 genocide and collaborating with the armed opposition in August 1998. The pros·

nor his lawyer were present to defend his case. On October 7, the Appeal Court sen tenced him to death.

Amnesty is calling for its members to write, asking for Deogratias Bazabazwa's case to be reheard in accordance with international standards for fair trial. Amnesty International itself takes no view regard i ng Mr. Bazabazwa's guilt or innocence, but is con· cerned that he was denied a fair trial at the Appeal Court.

If this story affects you, take immediate action by writing to the address below. Then come join us in our efforts at the Amnesty International Chapter at the Faculty of Law.

ocu\of appea\ed to \he Appea\ Court ~Ull\1 eaz.at>rt:rwe was not. ln'ftM'fned o1

BP 160 Kl u Rwanda ':":=-:-----~""""'"""

this hearing at the Appeal Court. Neither he

Send letters to, Monsieur Jean de Dieu Mucyo Mmistre de Ia Just1ce Ministere de Ia Justice fax, +00 250 86509

Faculty Council's Successes and Failures: A Year in Review BY

MARK CROW

Another year of student activities has effectively come to a close. As a member of the Student Caucus of Faculty Council, I thought this would be an appropriate time to reflect on the successes and failures of Faculty Council this year. It has been a year of grappling with big issues, many of which remain unresolved.

Tremendous time and energy were devoted to Professor Roach's Committee on First Year Curriculum Reform, but the Committee has now devolved work to sub-sub-committees and changes will not be ready for implementation next year. This means another incom· ing class will enjoy an unsatisfactory Civil Procedure course, 100% finals, and Bridge Weeks in their present form. The one change that they will hopefully benefit from is the addition of an Academic Orientation throughout the month of September.

New student space that we were all to be enjoying by next September (including a remodelled Rowell Room complete with patio) will also now have to wait for at least another year. Adding faculty offices to the top floor of F/avelle is the new construction priority. Renovations to create student space have been put on hold until the remodelling of the

& CLUBS

library basement creates additional classroom space to make up for the loss of the Rowell Room.

The first-term upper-year reading week, added this year to the resounding applause of students has not yet been approved by Faculty Council for the up-coming year. When brought up for re-approval, some faculty voiced concerns about the week and a vote on its survival was pcstpcned until the next Faculty Council meeting. Student representatives are lobbying hard for its retention.

One issue that does seem firmly resolved is the continuing upward march of tuition. Turtion for next year has not yet been set, but indications are that it will be somewhere between $10,000 and $12,000for incoming students.

The present negotiation of faculty salary increases continues to be of concern to students because of its pctential impact on tuition in the years ahead. The move away from a publicly-funded model of legal education ensures that financial aid will continue to grow in im· pcrtance. It rs hoped that, next year, financial aid determinations and disbursements can be made earlier in the year - preferably by the end of September, if not sooner. On a brighter note, although this depends on one's perspective, the Back-End Oebt Relief program be-

gan operation this year.

A number of smaller issues brought mixed results. On the positive side, Welcome and Outreach Day was again a great success; new professors continue to be hired by the faculty; the Dean announced that funding has been secured to establish a chair in environmental law; and, the Mewett Teaching Award will be launched this spring to act as a carrot to improve teaching at the faculty.

On the other hand, no procedural reforms were enacted this year to ensure that Faculty Council operates in a more accountable fashion, and student apathy continues to grow (as partially evidenced by the difficulty raising funds for the Third Year Gift). Finally, the Dean raised the issue of switching our degree designation from an LL.B. to the American J.D at the last Faculty Council meeting.

So next year will roll around with many of this year's issues remaining unresolved. I won't be around to enjoy debating them, but I wish every success to those o·i you who are. As administration and faculty priorities often conflict with student priorities during this time of transition at the law school, effectively communicating student perspectives and concerns will continue to be our greatest challenge.

Over 130 students were up at B,oo a.m. on Saturday, March 4, 2000, for the seventh annual International Career Conference, or· ganized by the International Law Societies of both U of T Law and Osgoode Hall. According to Natasha Antunes and Sylvia Avedis, co-Chairs of ILS, the conference acted both as a forum to discuss current developments in public and private international law, and to provide an indication to aspiring international lawyers about the issues they will encounter in practice Not surprisingly, one of the hottest topics was e-commerce. Speaker Duncan Card from Davies Ward & Beck engaged the audience by painting an exciting picture of booming opportunities in intellectual property, information technology, and telecommunications law.

After Card's lecture, one first-year student declared, "Thafs it! I know what I'm doing!"

Enthusiasm spilled over into the following lecture on cross· border transactions when lis· teners, still high from the e-commerce buzz, guided discussion back to the Internet with questions like, "Can /,as an associate, get in on a tech I PO?". Other sessions focused on more traditional areas of international law including Immigration Law, Environmental Law, Latin American Transactions, International Human Rights, International Criminal

Law and Entertainment Law. It was refreshing to listen to Bay Street lawyers discuss their careers in a context other than firm "meet and greets•. Without the pressure of "pitching" their fi rms. lawyers spcke more freely and in greater detail about the positive and negative aspects of their practices. The panels, which treated students to a wealth of experience and information, included partners from Bay Street firms, former ambassadors, and senior coun· sel from the Department of Foreign Affairs and International Trade.

The turn-out, though close to last year's numbers, could have been stronger. It was a shame to find a few sessions half-empty in the face of such talent. The closing address, in particular, was a stimulating lecture by Jonathan Fried, Assistant Deputy Minister of Trade and Economic Policy in the Department of Foreign Affairs. A small but attentive group listened as he discussed the need for international social and pclitical pc/icies to facilitate a healthy global economy.

As an aside, there was a generous spread of great food at the cocktail reception following the conference. The leftovers were donated to the Covenant House, a shelter for street kids, which nicely reflected some of the human rights pclicy issues discussed at the conference.

Trial Ad Competition Builds Confidence for Neophyte litigators Confessions of an Amup Cup winner

BY NOEL P EACOCK

irs 3,00 a.m., the middle of winter' the coldest night of the year, the darkest hour of the soul. You are in a hotel room in a distant city. Two mysterious figures are there with you. Slowly you become aware that in your hands is a sheet of paper, every square inch of which is covered with an indecipherable handwriting, pcssibly your own. You are aware of an unspcken yet overpcwering expectation that the content of this paper will be memorized by the next day. Your inability to even read it, however, causes an icy dread to grip your heart.

One of the figures instructs you to begin.

For the next half hour you attempt to read aloud what's on the paper. The figures make faces and fix you with looks of immense disdain. Almost immediately you realize how utterly cretinous everYthing you've written is.

By the time you've finished, you are sobbing quietly.

The figures say, "That was fantastic! But maybe you should change it a little bit."

This is competitive trial advocacy.

More precisely, irs the early morning of the day you are suppcsed to be representing the University of Toronto Faculty of Law in the Sopinka Cup national trial advocacy competition, attended this year by Jenny Friedland, Julie Hannaford - the indomitable U of T coach -and this repcrter. This year the team won the Ontario competition. the Arnup Cup, and came away from the Sopinka with the award for best examination-in-chief. And, actually, it was an incredible experience, and a lot of fun.

Like the trial advocacy course that is taught in the first term of third year, the competitions do wonders for your confidence as neo· phyte litigator, and help you understand how legal argument actually fits into the dynamics of the courtroom. Also, by the end of it, all that stuff you learned in Evidence begins to make sense.

For first- and second-year students interested in litigation, I would leave one piece of advice about the trial advocacy course, take it. Run and organized for the past several years

by Julie Hannaford, it's one of the few oppcrtunities you'll get at law school to get a taste of the reality of courtroom advocacy, and it's a chance to learn from some of the city's most experienced trial lawyers.

Government's Approach to

Education is Anti-Intellectual continued from page 6 ve/oping further levels in the Mario Brothers game or figuring out new ways to sell you CDs (or widgets ... fill in the blank) on line.

Of course, we ought not be too dismissive here because we cannot expect universal devotion to the humanities; but a move to underprivilege their significance in fields, like ours, where they do not simply provide a setting for abstract debate but are of utmost practical impcrt, is inexcusable. Harris obviously prefers a culture molded in his own image, one where the goals, among which the production of affluence figures prominently, are unprob/ematically pre-determined, pre-set and pre-given. It's a culture in which those who challenge such goals -those who try to articulate commitments to different conceptions of the pclitica/ good - are either met with blank stares or given short shrift. Needless to say, it's also a culture to which those exhibiting inner doubt, uncertainty, struggle and tentativeness - the Proust readers of this world, say- need not apply.

One wonders what manner of law student Mr. Harris would prefer. What would a Harrisist law-school-budget funding formula look like? What of all those courses on Critical Legal Studies, feminism, native rights, environmental law or (one shudders to think) on Hegel, Kant or Rawls? We would probably have to do away with "deep thoughts" by Hegel, Schlegel or Bagel, and settle for "deep thoughts" by Jack Handey. Exaggeration?

Well, if you wish to take a peek into the workings of a Harris-like mind on these matters, have a look back at the editorial that appeared in The National Post where, in a fascinating bit of logic, the purported convoluted ness and complexity of contempcrary Supreme Court judgments was blamed on the subversive, impatient and undemocratic work of court clerks who, while at law school, were "weaned on an ideological soup of radical feminism, multiculturalism and moral relativism." (November 19) as if the latter two are the same thing.

Given that the men who make those claims tend to treat '1eminist" and "liberal" like swearwords (they usually add "-drudge" or "-tripe" to their locutions), it is highly doubtful that they would see any usefulness (or "utility" or "practicality") in, say, classroom diScussions about the underpinnings of the values embedded in the Charter, except, pcssibly, by way of condemnation. Their preferred answer to difficult social issues is to say "let the market decide" or "let the majority decide" respectively. If, as a result of your law studies, you happen to be painfully aware of the fact that life is a little more complex than the pushers of prosperity and pcpulism let on, and that social, political and legal Issues require genuine thought, you would do well to resist the "common sense" revolution when it comes to the classroom. Otherwise, line up for the lobotomization of your intellectual and moral faculties, courtesy of M' Harris.

P.S. Can anyone explain why some National Post employee insists on littering the doorstep at Flavelle every morning?

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21 March 2000 Ultra Vires

12

The Art of Law School Trudeau's portrait now hangs at library entrance The latest addition to Flavelle's galaxy of portra1ts has caused a bit of a stir. The brightly coloured painting of former Prime Minister Pierre Elliot Trudeau has the insouciant air of the sitter and, unlike other *official" portraits, demands attention. Squarely facing the viewer, his somewhat smug smile and twinkling eyes dare us to challenge him. Duncan MacPherson, a cartoonist for the Toronto Star, has merged a startlingly contemporary paintmg w1th the Renaissance use of iconographic symbols. The single red rose Trudeau holds is a reminder of his penchant for wearing a rose m his lapel, and the formal attire is a further sign of the sitter's impeccable style.

On his lap is a document with a coat of arms, perhaps alluding to his prime ministerial position in Canada, and his role in repatriating the Constrtution in the early 1980s. The background of gothic tracery is a further reminder of the architecture of Ottawa's buildings of Parliament. The strong contours and saturated colours are joyous and outspoken, much like the srtter, and most unlike traditional portraits.

f

Clueless in Ancient Egypt

This portrait is just one of several gifts of art the law school has received from alumni and friends. It merited its prominent placement in the library due to sheer size. The library entrance was one of the few places in the school where it would fit, requiring Charlie Pachter's painting of the "Supremes" to be relocated. Revealingly, almost all of the art in Flavelle consists of portraits. There is Cecil Wright's portrait by Cunningham in the Dining Room which is of the more traditional, conservative style. Wright is in robes, seated in three-quarters view, appearing suitably serious and dignified, with the entire painting ~one in muted colo~rs. Wright shows up again rn the bronze bust m the building's entrance corridor, surrounded by lists and lists of names of eminent students and alumni. Then there is also everyone's favourite meeting point Bora's Head -just outside the library.

Th~t this bastion of legal learning is filled not w1th art, but with names and faces, can be rea~ as indicating the institution's focus.

Art wh1ch is challenging and makes a statement is not to be found here. Amongst all these sober and illustrious former members of the school, it is a refreshing delight to see a paintrng which is about the joy of looking and which also g1ves us a true sense of the sitter. The portrait of Trudeau is a little too upbeat and fun for the staid surroundings, and we can guess what P.E. T. would say to that"fuddle duddle. •

Destination

BY ANDREW AsHENHURST

My friend Michelle is a rather grumpy archaeologrst who had just gotten off a plane from Halifax, so I made sure that we had l~nch before we ventured to the ROM's speCial Egypt exhibit. Unfortunately, this did not prevent our visit from getting off to a rough start. "Ash, just so you know, I don't dig up bones. That's what palaeontologists do .. And secondly, dOll Up whrle I have a Master's degree in archaeology, 1 didn't Egyptology, she rnformed me. So, it turned out that Michelle was JUSt as clueless about ancient Egyptian artifacts as I was.

We left just as clueless, but considerably ~ore annoyed. Given that the Egyptian emprre collapsed approximately 4000 years ago, ~~st of what remains is in rough shape and 1t. IS hard to tie everything together. To its discredit, the ROM did not even make an attempt to explain why the endless array of statues, tomb sections and necklaces it presented us with were Important. Instead, we were told how old something was, where it was found and which museum owned it (of course, nothing was from a museum in Egypt

stu~y

H

because we westerners are so good at tombrobbing). It might have been helpful to explain more than just, "Hieroglyphics from the tomb of Tetjan, a land administrator, contarn many interesting stories." Telling us what the stories were might have been helpful.

And why does the ROM insist on packing as many people into the exhibit as p6ssible?

The day we went, 1t seemed that every child within a 50-kilometre radius of Toronto was there with us (and this was not even during March Break). All of the ch ildren were clutching those odious "audio-guides" which lead one through the museum on an elec· tronic leash. The din from the guides was heavy- aww, nothing like a quiet afternoon at the museum.

Given the crowds and the indecipherable ?nd colourless collection, it IS hardly surprisIng that the common refrain of the kids was "Mom, I wanna go see the dinosaurs." '

Aslz, just so y ou know, I 't dig boneS. That's what pal eontologists do.

The Egypttan Exhibit runs until May 6rh.

Tickets are $15, $10 for students, and must be pre-purchased.

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DIVERSIONS

Contraband Alcohol Brings Law Ball to Early Oose Dean's use of daughter as human shield among the highlights

BY EILEEN CosTELLO

This year's Law Ball was held on Saturday March 11 at the Four Seasons in Yorkville. It s always fun to get dressed up and see your friends in something other than jeans. This year's Ball was no exception as the area adJacent to the bar was the scene of many a "you look fabulous" before dinner.

It was at dinner, however, when the mood began to change. I think it may have started when I glanced at the menu to find that the "vegetarian" option was chicken. That's right -chicken. I was assured by our hostess that I would in fact receive a non-meat vegetarian dinner, though , from what I heard , meat-eaters enjoyed the same meal as well. Rather

It was at dinner, however, when the mood began to change. I think it may have started when I glanced at the menu to find that the "vegetarian " option was chicken. than giving you a blow-by-blow account of the gastronomically-challenged evening, let's just say this was not a $50 dinner- although the chocolate mousse desert was truly inspired.

At the end of the dinner as the time ap· proached for the Dean's speech, you could cut th7 tension with a knife as people began poachrng the bread baskets for ammunition l~agine our disappointment when he brought h1s daughter up w1th him to act as a human shield. Although a few rogue missiles landed near their target, the mood changed - much to .the dismay of Jim Phillips, who was seen pr.ror to the speech stuffing his blazer pocket w1th buns from neighbouring tables. Shame on you, Jim. Following the Dean's speech and the viewing of the video yearbook (the extended version that is), the doors were opened to all of you smart enough not to buy a dinner ticket, and the real fun began . By now you have all heard that the event was shut down around 1:00 because students brought their own alcohol. What you might not have heard was that the hotel staff made no attempt to merely remove those who had brought the contraband instead of shutting the whole event down, or that some students actually had sealed bottles taken out of their bags. The wh~le thing was truly embarrassing and insultrng at the same time. I should point out that I wasn't actually there by the time this happened, as I had escaped along with a band of adventurous souls in search of any kind of m~sic you don't hear on CHUM FM. Having P~ld seven dollars for a glass of really bad wrne, I feel justified in saying the Four Seasons brought it on itself.

S~aps to the Law Ball co-Chairs Sylvia Avedls and Natas~a Antunes for organizing the eve~t. You put rn a lot of time and effort, a.nd obviously couldn't have anticipated how tight assed the Four Seasons' staff would be If nothing else, at least we know where th~ Law Ball won't be next year.

13

Ultra Vires

14

15

21 March 2000

RANTS

Legal Fashion- Taking the Suit Out of Lawsuit:

BY KEVIN ] ANUS

In most of the business world, except banking and the law, casual attire is now the norm.

"Casual" meaning "business casual"- flat-front pants, turtleneck sweater or mock-neck with a jacket and egads ... no tie! The reason for this is that philosophies are changing about the way the business world operates as we move into this new computerized Industrial Revolution. A recent issue of The New York Times Magazine was entirely devoted to the topic, "The Way We Work Now". Much of it emphasized the shift from the 1950s corporate phil,osophy of the organization man in his grey-flannel suit to the new model of stock options, stay-at-home free agents and casual attire.

Fashion designers themselves have taken notice. In a recent interview, Giorgio Armani openly recognized that he now designs with the casualization of the workplace in mind.

Even Big Blue themselves, IBM - the same guys who brought us the corporate handbook on how to be a good corporate drone in the 50s - has gone all-casual. So, why does the business of law still universally insist on wear-

Ste\)b.en Patks - Angry

Young Man in a suit

BY STEPHEN PARKS I am white trash. I grew up down the street from a trailer park. I don't own a comb, let alone business attire. However, with the misguided hope that I will be able to land a summer job that does not involve my being the bitch on a hot sweaty labour crew, I decided I needed some nice threads. The two problems were that I don't really know Toronto and I never had a father-figure to teach me how to shop, tie a tie, or put on eye-shadow.

Thus, armed only with my knowledge of how good Jet Li looked in Fist of Legend, I headed south toward Chinatown. Being lazy, I got only so far as Tom's Place in Kensington Market before buying a pair of suits. End of adventure.

Of course, you haven't read this far because you expect proper storytelling. You're hoping for my signature method of whining

ing the symbol of old business - the suit?

Don't get me wrong. I love the suit - as a fashion 1tem in my wardrobe. What I hate is what it represents in the workplace and the tact that I have to wear one. Much of the reason that I don't mind the physical act of wearing a suit is due in most part to my Catholic, private school days of wearing a uniform. At least now I can choose such things as the colour of my suit and the designer. But there's no 01' 'J doubt that the reason I have to wear the suit is exactly the same. We all remember the big hullabaloo when American educators discovered what the priests have known all along, that uniforms and suits are a good form of discipline (Okay. My former homeroom teacher, Father Zinger, may beg to differ as to whether it had the desired effect in my case, but, as Hammy Hamster would say, "that's another story.. ."). That's one of the key reasons why we wear them. Efficiency, Discipline, and Billable Hours. Hey, what was the motto of my school again? Oh, yeah.

"Goodness, discipline and knowledge."

One argument I hear at my firm quite often, and one with which I wholeheartedly · agree, is that men can't dress themselves.

They need a uniform. What I say is what

Arnie would say: "So what?" They don't seem to mind that we have no idea what the hell we're doing as articling students and young lawyers. We all learn, right? Hell, the guys over at GPV organized a bloody fashion show to illustrate "the do's and don't's" of casual dress. While I find the concept of all of these corporate types at a fashion show incred-, ibly hilarious, if that's what will make the firm comfortable with

Hell, GPV organized a bloody fashion show to illustrate ('the dos and don 'IS" COSUaJ dreSS.

the concept, I'm all tor it.

The best part is that the firms probably think they are actually doing a good job of keeping pace. Hey, what more could you want? One day a week! At some firms, you even get the summer!

In a recent article in Harry magazine, an associate at GPV said, "This is a consrvative business. You have to look professional here."

My question is: "look professional" for whom?

If your client has switched to casual attire, why would they care if you are dressed the same way? Do clients really care that some poor articling student, whom they will never see, holed away in his window-less interior office, is dressed "professionally"? Let's face it, the client cares about two things: how much it is going to cost and how long it will take. The most common thing I hear com-

ing out of a partner's speaker-phone from a client is: ''Just get me my money! Where's my money?"

Most clients don't even know what their lawyer does. The difference in attire just makes the gap between lawyers and their clients and society in general that much wider. Ahhh, yes. The old conspiracy theory about lawyers purposely keeping society in the dark about the law to maintain their job security again ra1ses 1ts ugly head. Remember that motto? Let's change it a little. The suit 1s about: Lawyer Mystique, Discipline and Billable Hours.

For those of you thinking about corporate law, if you ever had any doubts, the associate at GPV summed it up: corporate law is a conservative business. Yet, it consistently seems to be some sort of deliberate choice on the part of lawyers to create th is Kafkaesque world of stuffed shirts, stiff mannerisms and the occasional backslapping. The suit is the lawyer's uniform and they like it just fine. Shouldn't the real question be: Is this really what the client wants?

Bestdes the suit thing, Kevm A. Janus, who graduated in 1999, is actually enjoying his articling experience - his salary and 53111 floor wmdow office - at the Toronto office of Davis & Company.

\iKe a little girl So here goes. First, why must mel'\'~ ~u\\<;

bl!' made o\ \abt\c a-s al'\\\qua\ed

as wool? We waste synthettc fibres protecting cops from bullets. I blame Third World textile workers. If they would cauterize their wounds on their own time, they could develop innovative suits that I could throw in the wash with my bondage ropes and dirty sheets. It's probably because they're mostly women.

Secondly, why do so many men's dress pants taper? I need flared ankles under which I can hide my steel-toed boots. That way I retain the element of surprise when I need to kick the crap out of someone. It's enough to make me go back to wearing women's cloth· ing, if it weren't for my parole conditions, my divorce agreement, that injunction Catherine Keener won, and damn razorbumps.

Finally, why must the glass ceiling be a dark-magnifying lens? Men could dress elegantly without wearing suits and turn tricks to get ahead. We bully women into that role; men should reclaim it. Onward, male-slut liberators.

& RAYES

Rave - Pre Law Ball Cocktail Parties You get to see everyone dressed up and feeling very classy as they get drunk with their friends without the $50 ticket and overpriced drinks.

Former StudentJanus and Current Student Parks Want to Take Off Their Suits Who are we looking "professional" for?

-

Rave -the Organizers of the Law Ball Kudos must go out to everyone who worked so hard to pull th1s event off. How were they to know the Four Seasons was run by a bunch of jerks?

Shoppers of the World Unite! You Have Nothing to Lose But Your Pickles Class distinctions uncovered at the local Dominion

BY MEussA KLuGER The reason I shop at Dominion is not that they're "fresh obsessed" but, rather, because it's the only grocery store that's close enough to enable me to make it home before the ice cream melts. Since I did not have the luxury of choosing Dominion, but had it thrust upon me, it is only natural that I have a few. critiCisms of this 9-aisle food emporium.

Armed with a good dose of Marxism from my undergraduate days, I have a tendency to see the dominant minority subverting the ignorant majority in just about everything around me. But in the case of Dominion I think these observations are particularly well-founded.

You see, here's the problem. Dominion has two private brands. The lower-priced line is called "Equality". Such a name conjures up images of all people - young and old, rich

Rant - the Dean at the law Ball What do you expect when the guy uses his own child as a human shield against baked goods. That was supposed to be the highlight of the evening!

Rave - The Rogue Editors of the Hearsay We think it 1s awesome that third years would care enough to decide to make their own version when they thought the official one was dead in the water. Cooler still that all the boys have made up, are playing nice and are working on it together.

shopping experience just isn't the same. and poor, black and white ~ pulling the very Marketing ideology and store design aside, same jars of pickles off the shelves. The name there are some things that make me proud implies that even though the pickles are that Dominion is my neighbourhood mart. The cheaper, quality has not been sacrificed. I store encourages donations to the hungry by feel good when I buy Equality pickles. We all providing a bin on your way out of the store.

Rant & Rave - the Sticky Doors should.

They are also in the midst of a major camby the Cafeteria Or should we? I would have no problem paign to fight Diabetesfor a dollar you can How can we all be spending a fortune to go with the name, and might even enjoy the purchase a "Diabetes Dragon" and contribto school in a building where the doors don't way they snuck the word "quality" into it, if ute to the search for a cure. On a less hu- work. The only thing that makes this a Rave it weren't for their other brand - Master manitarian front, their Coinstar Machine is sitting in the cafeteria watching people get Choice. MASTER CHOICE? Do they think be the best thing that ever happened REALLY frustrated as they try to open them. might we're stupid? Do they think that while we to loose change.

For a small commission, students in lower income brackets are buying this machine will turn pockets of change into Rant - The Flavelle Table the cheaper line and being assured "equalFinally, the music selection You know the table in the haliway of Flavelle light, crisp bills. ity" we can't see that there's another brand is hip and current. When I walked through under all the SLS placques? Well, it is ongithere, a more expensive one, that suggests the automatic doors I was greeted with Green nal to the house, is really gorgeous, an anthat there's a master?

Day and it was the Backstreet Boys who sertique even. '(ou'd thin\<. we could do better It's ideology at work, I tell you: subvert the than s\t on i\ and use i\ as a ne'l'!so;,\ano 'or enaded me on m~ wa~ out. majority by making them teel li\<.e there's Humming to myself as I leave, I think: dethe Globe and Mail. nothing to rebel against. Calm the masses spite the class differences and all the little with a false sense of ideological security. Well, frustrations, Dominion has its charm. And I Rave - A Full Year of Ultra Vires I tell you, Dominion, you don't fool me. want it that way.

Sure it's a little self-serving but dtd you really My critique does not end with marketing think we could pull it off all by ourselves? We e1ther. While a name change, perhaps dropdid. ping ·the "E" and going with the more reassuring name of "Quality," might be less offensive to some, there are still other little things that bother me about the Annex's only major grocery store.

Little Thing # 1: The "Olive Bar". Where is the good in selling olives in an uncovered, unrefrigerated "bar" right at child's eye and hand level?

Little Thing #2: The signs. I appreciate the signs that tell me what I might expect to find in each aisle, but I really have to wonder who decided which products to emphasize.

According to these signs, mothballs are in aisle three, anchovy paste is hiding out in aisle four, and both cornmeal and cranberry sauce can be found in aisle six (now how's that for convenience?). Fine. But if you want to find school supplies, cold remedies, or your 0./forittg the broad range experimce basic bag of chips, you're on your own.

Little Thing #3: Paper products. Tissues, a la(~e firm, with tlze l1atzds-on napkins and toilet paper are all in aisle five . approach ofa small firm.

Where are the paper towels??? Aisle two!

Where's the logic in that?

Little Thing #4: Ice Cream. Why put ice Visit us online at cream and all the frozen juices at the very beginning of the store? An indecisive shopper like me, winding her way through the aisles, ends up with dripping items by the time she checks out.

1500-151 Yonge Street, Toronto ON MSC2W7 Little Thing #5: We deserve more samples.

Tel (416) 863-1188 Toll-free (800) 665-1555 Fax (416) 863-0305 I think there should be a person in a booth at E-mail info@torltinmaMS.com Web www.torltiMUIMS.com the end of every aisle ready to saute a cocktail weenie for me. Without samples, the

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The Best ofBoth Worlds ...

Stephen Parks: "I never had a father-figure to teach me how to shop, tie a tie, or put on eyeshadow."

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No "Equality" in the pickle aisle. Master Choice is higher in price and probably quality.

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