Ultra Vires Vol 2 Issue 4: 2001 January

THE STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

VoLUME

2, IssuE 4 •

}ANUARY

23, 2001 . www. 1aw.utoronto.ca/ultravires

Phillips to Donate Raise $25,000 to fund criminology research

BY LoRI STEIN Professor Jim Phillips, a critic of recent pay in· creases at the Faculty of Law, has made a committment to donate $25,000 to boost graduate work in Criminology at U ofT The Gniversiry matched Phillips' donation for a total of$50,000, which cr~ated the John Beattie Research Fund in Nowmhcr. The donation is payahie over two years, and the amount is approximate ro Phillips' sh:~re of the s:~bry increase which the Law Faculty lobbied for this fall. Although Ph1lltps ha, not publicized his donation, UV became aware ofthe endowment from a source outside the law school.

P~1llips explained, "when I got this money, I prelerred not to benctlt from what I thought was an inappropriate increase." He said he thought it was wrong for law faculty to so distance themselves from the majority of their colleagues in the university. Phillip~ also thought all professors should be properly remunerated, and that salary increases should be sought through the Faculty li·,.......,~" t

x:i

The. Law FolUes cast of"Cdebriry Law & Order": 0-A:ft 10 right) Vilwn- Hohou, l.nuisejames, Rob ~Rochcs,l.M Vateh. Dave Patacahk, 'KaTm Segal, Sudit Ranade, PannindeT BraT, Brenda Did)k, Claire Hunter. FOT rev~a~~. see page \0.

tion. ~~~~~~

In addotion, Phillips d isputed hmh <•frhc mam

reasons advanced ro justify the pay increase. First, he found the argument that U ofT had to com· pete with elite American law schools or risk a mass southern migration of its professors "not empirically true." (As he pointed out in a letter to UV in October, only one U ofT professor has moved to the United States for financial reasons, and that was a number oi years ago.)

Phillips does not begrudge any of his colleagues who chose to keep their pay increases. When asked if he was 'making a statement' by donating his raise, Phillips replied, "I suppose everything you do makes a statement. I'm certainly making a statement about the appropriateness of the salary increase. And I'm making a statement about John Beattie."

Please see "Criminology", page 5

INSIDE • • • • • • •

Law Games Report, p2 Insight: Why do DLS?, p4 Mental Health Feature, p6,7 Judge disappoint_s first,year, p8 The 2000 SCC Awards, p9 Review of The Associates, p11 !'lot,So,Real UV News, pl2

Faculty and students express concerns over rush ed process

BY NoAH GITTERMAN Ronald Daniels was reappointed to another six· year term as Dean of the Faculty of Law amid serious concern over the procedure used by the Search Committee that recommended the reappomtment. Some students and faculty complained vigorously that not enough nonce or nme was given for students to make substantive submis· sions to the committee.

"There was definitely a problem with the proc· ess," said Anna Maria DiStasio, Students' Law Society President and student repre.sentative on the committee. "We had a whole selection ofstu· dent letters saying this is ridiculous, we need more time."

The concerns over nming came to a head at the second-last meeting of the committee on Dec. 8.

Oi Stasio argued that the last meeting should be moved mto january, in order to allow students to compile submissions over the winter break. A majority of the committee rejected her pleas.

Although the deliberations are confidential, Oi Stasio was able to explain in a memo to students that the committee felt that •the aura of the proc· ess will be tarnished" if there was any delay in recommending ~eappointment. Vice-PreSident

and Provost Adel Sedra, who was also chair of che committee, expanded in broad terms on r:his rea.o;onmg.

"The concern about delays was based on not sending the message that che comminee was uncertain about its course," Sedra said. "The com· mittee didn't want to :;end any ~ignals that would be interpreted negativelr."

Several committee memlxrs and members of the law school community did not feel that this was an adequate response to the student con· cems.

"By pushing it through the way they did- that is what tarnished the process," said Professor Hudson Janisch, a faculty member on the com· mittee. "Moving it mm January... would have made the process a reality."

Oi Stasio also did not accept the reasoning.

"Regardless of the outcome, is it wise to continue to conclude the committee's work without get· ting a chance to hear what students have to say, and with leaving them with a bitter taste in their mouths?" she said. "It implies !that) student con· cems are not a prionry for the committee."

Sedra was adamant that there were no major procedural problems, and that enough input was gathered from all concerned parties.

"M~· job \I11S to make sure char cht• procedure followed wa< fair and clean, and I thmk 1r "<1'," he said. "'Xi: ha\·e allow~d a \'Cry reasonable amount of time w everyone concerned."

Student concerns a rose out of a combmation of notice and riming issues. There was an original understanding that rhe last meeung of the com· mince was scheduled for January. When the December submissions deadline was announced, Di Stasio put a notice in Head notes cxrlaming that while students should strive m meet that date, 1t might be possible that the committee would re· ceive submissions up unul the new year. Shortly afrer that announcement, however. the final meet· ing was officially scheduled for Ol-e. 20. This came right at the end of the busiest time of year for students.

"When 1t came down to do the ana)y,is {at the committee meeting) we d1d not have any sub,tantive submissioru from student~." 0. Stasio smd.

Sedra believes, however, that the amount of input in thi> search wa comparable with others done around the University, p!.linting to student involvement through their repre.sentanves on the comnunee.

2

ULTRA VIRES

N EWS

News in Brief

BY M'DREY ANISHCHE!'.'KO, MELISSA 1<1 tJGER,

& LoRI STEIN

OHRC Postpones LSAT Verdict Decembe r. 2000 ... The Ontario Human R1ghts Commi,~il'll drc1dcd to <uspend it~ decision on whether the LSAT i~ d1scriminatNy pending further inwsnganon. The compbtnr was hrought ~· Sclw)·n Picter , now a nrst·vcnrlawstudcnt at York Umvcr~ity. \1 ho alleged that the LSAT was <lllturally biased against minority npplic:mh.

P1eters filed n complaint with the OHRC aganN many Ontario l:lw school< that denied his adm1ssion (Including U ofn. The Comml~'lon's primary invesugatton mto the LSAT matter ~concluded in ~ovember with the recommendatton that the case nor l;,'ll to a board ofmquiry.

Tile ID\'CSUgator <urvcyed (~American) Journal•, research articles, and expert testimony, and acknowledged that wadw~>e affect may.•.result ti:om the usc ofthe !..SAT" However, it concluded that the Ontario law school rcspondcntli "implemented a number ofpoqtive measures to increase diversiw" m rhc1r applications processes that sufficicndy dealt with the l..SArs potential cultural bias. Pieters di~uted the Investigator's nndings man mterview with the Varsity: "The OHRC, has m my ,,ew, in:tpproprillrely a,;.sumed that in Order to finddiscrirrunation ...the respondent must have tel ely relied on discrimmation cmeria." He pointed to the Supreme Court's :tbandonment ofthe diStinction between direct and adve~ impact disct~mmation in Mriorin.

The OHRC is not prepared to abandon P1eter:;' complaint until additional investigation is comlucttd. (There is currently very little empirical data on the results of the LSAT il'l Canada and its use in the law school admissions process.)

Role of Listserv Unclear As many may have noticed by the deluge ofemails from Merril Randell, the Law Faculty's new list~rv 1s in fu!J swing. As of yet, it Is difficult for students to determine the scope of this new communication cool. According to Randell, the Ir~tserv moderator, the administration is not quite certam either. MWe haven't really come up with the rules ofwhat the listservshould be used for. We're already a bit frustrated about what's gone out." There are actually four different li.stservs at the school- one for each das~ of law students and a fourth for graduate studentS. Only Randell and others in the adminstration can post notices on the server. Student are to send their notices to Randell and the deciSion ofwhether to post them is at her discretion. Randell says the list ts nor for announcing conferences or talks. She says the listserv is for getting import:mt mes~ges from the adminiStration out to the students, such as an announcement ofa cancelled class. Will Headnores be overtaken by this technological giant? According tO ~ell, the plants to put Headnotes on the Web. When? Randell says "don't hold your breath."

Law Games 2001: Who Let the Darks Out?

BY LAURIE }ESSOME U ofT came up with its best performance m re· cent memory at this year's L1w Games, winmng four of the t"·dvc sporting events - more than any other school - and achieving second m·erall m the Moot Compcntion.

The 200 I Law Games were held in Calgary from Jan. 3 to 7. U ofT scm a team of 28 people to partic ipate in a \'ariety of sporting evenrs and a moot competition. In addition to Toronto's strong ream performance, fan Campbell (ll) also pro· ·v1ded an admirable mdividual effort in the moot competition, taking home the award for Best In· d1vidual Moorer.

Unfortunately, Toronto was unable to take home the Sports award this year, despite winning the soccer, ultimate, ice hockey and dodge-ball titles.

In a controversial move, the Law Games execu· rive decided to include Spirit points in the Sports tabulation. Spirit points were gained through par· ticipation in non·sporting activities like body· painting and cherry spitting. As Toronto had erroneously failed to consider Pictionary and sau· sage bobbing to be sports, "teams" were not sent to these events and thus the overall Sports award was lost to McGill.

What was most striking about this year's Law Games ream members was the degree of participation and enthusiasm they demonstrated. Com· mittee member Gill Scott (II) commented, "I was really impressed by how many people came to each game, whether to cheer or play. Our team was in the gym or at the rink all day, every day."

This is especially impressive given the fact that all games started at 9 am and evening events often did not end until 3 or 4 am.

Human1\.\.gb.ts Co .. o-rd\.natot' Announ-ced ]ilfl. J9- Assi~rant Dean Loi$ Chiang announced that Carol Chandran has been hired to ace as the Program Co-ordinator for the law school's International Hum:1n Rights Internship Prograrrt.

Chandran, an fnrem herseltii'11998 who spectal izes in refugee 1ssues, will be joining the Faculty for the next six months. And just in time since the ZOO l mterns have just been announced.

Olandran's main focus will be to help thiS year's interns nod placements \0 hutnan cightsintemshtps around the world.lt was in September. 2000 that UV fustpubltshed a ~orythat the Faculty was in search of a new director for the program. Five months later, student~ are 5ti.U waiting for a permanent d1rector to be hired.

With Honours Beginmng thh year, U ofT law students who have achieved Dean's Ust standing for twO of their three years w1ll have "with honours• inscribed on their diploma~ The change w~ approved by Faculty Counc1l tn November and by the Univt~ty's academic board in January. Does that make the rest of us dishonourable?

First..Year Summer Job Process in Full Gear Flrst·year law students have until )an. 26 to submit the1t applications for coveted stJmmer p<hiuons at major Toronto law Arms. Bereskin & Part. Slake, Ca~sels & Graydon, DaVies Ward Phillips & Vineberg, McCarthy Tetrault and the Department of Justice are all once again Rcceptmg applicatiom. In addition, Aird &. Berlis. Frnstr Milner Ca:.grain, Goodmans. o~ter Ho-kin &. Harcourt and Torys are recruiung first·years for the first time. Davies, McCarthy's and Tory~ are also hosting social events for students in the period before -applications me due.

Last year, 11 first·year students obtatned po<oition~ during the February recruitment period.

Another 14 obtained positions at smaller Toronto firm~ that hire later in the term. In addition, dozens of tirst·year ~tudents worked last summer at law dink$ .)uch as DLS, ELS and AIW. at companies ~uch as Norte!, Ontario Power Generation and Lexpert, at various government def(lrtmen~ and at the law school. A number even worked in Hong Kong and Thatland, as well as various cities across Canada.

Another positive aspect of the Law Games ex· perience was the opportunity provided to frater· nize with our future colleagues from other parts of the country. As first-year student Chnsue Mcinnes remarked, "Law Games was a great chance to meet people from all across Canada. I really enjoyed getting to know other law students."

This is really the overarching goal of the Games, which were designed to bring law students from across the country together in order to help foster camaradene within the legal community.

In total, U ofT students had a fantastic Law Games experience. They attribute this to the im· pressive athletic facilities and accommodations provided by the University of Calgary, as well as the considerable efforts of their student volun· teets. Next year's Games are to be held at McGill University in Montreal. The fact that the Games are so much clo~r to home next year should increase both the appeal and the accessibility of this national event, allowing U ofT to send a larger delegation.

3

NEWS

U of T Faculty of Law Welcotnes New Talent Prof immigrates to U ofT

Environmentalist brings international experience

BY BESs JoFFE

BY MrussA KLuGER

Audrey Macklin's interest in munigration and refugee law all started at U ofT law school when she worked as a research assistant fo r Professor Trebilcock. For Macklin, immigration law pro· vides a practical and legal focus for her interest in cultural diversity. "Immigration law is about real people, tt's hke applied human rights."

In the years between Macklin's departure and return to U ofT, she has furthered her interests in law and immigration. In 1989-90 she clerked fo r J u ~tice Bertha Wilson at the Supreme Court of Canada. An experience she calls "a higlight of my professional life."

After her clerkship, Macklin did her LL.M at Yale. "What really stands out in my mind about Yale is the remarkable students ... They were extraordinary people, the smartest, most engaged, enthusiastic people I'd ever been around."

Macklin is equally enthusiastic about her new position at U of T. "Toronto as a city is enormously diverse - half of all newcomers to Canada come here · and as someone interested in, diver· sity and culture, this is really the place to be."

Coming from a science background in her undergraduate degree, Macklin says she "stumbled into law." "I was pulled in different directions. l enjoyed the sciences, but was looking for different kmds of experiences."

Macklm offers consolation to all the ftr<t·ycar students who are recovenng from the results of the1r exams. "I'd have to say that first year was pretty tough, as 1t is for everybody. But on the whole, what really made law school a mernomble nnd worthwhile cxpencncc were the people."

On a visit to Professor Jutta Brunn~e·s office, it only takes a few minutes to discover that she misses the mountains. Having recently arrived at U ofT, after working for five years at the University of Bntish Columbia, it is no wonder that she brings with her beautiful photographs and a general nostalgia for the West.

Brunn~e teaches and researches in the areas of international and environmental law. She is the author of a book on acid rain and the mone layer and spent a year as a scholar-in-residence in the Legal Bureau ofthe Canadian Department of For· eign Affairs and International trade.

Brunnce is originally from Germany, where her formal legal education took place, one which she describes as being "drastically different from the North American model." She gravitated toward mtcrnational law because of her interest in languages and cultures, and this led to a more spe· cific interest in environmental law. During a component of her German legal training she chose to travel to Canada to work at a law firm in Halifax.

Through this, and other pro-Canadian expcri· ences, Brunn~e "caught the Canadian bug" and later returned to Canada to earn her LLM at Dalhousie and to reach at McGill and UBC. As an environmentahst commg from a country that is fur ahead of Canada in itli efforts to reduce rrollution and waste, Brunn~e is ama:ed by theCa· nadian approach to garbage, where we "still have the illusion that boarbage is gone when we dispose oi it." In contrast, mo't European cttic~ have smct ntlcsenforcing rCC)-cling and compo"ttng. The dl5po5al nf waste 1s hcav1ly regulated nnd people brlng

Non.-lawyer teaches law BY ]OSEPH A .

G. BERKOVlTS

He seems so relaxed and settled m that you'd never imagine that thirteen days ago, Professor Jonathan Putnam and his wife rented a U·Haul and drove up to Toronto from Boston in the middle of the night.

An economist by training, although not a lawyer, he concentrates his research and teaching on international parent rights and intellectual property. Intellectual property is actually quite an old field, he explained, but has become "cool" O\'er the past 20 years.

Did he ever think he would end up teachmg in a law school? Mo5t economists are not as interested in institutions as he is, but at Yale, where he earned his doctorate, law was seen as an mtegrated way oflooking at problems in the world; it seemed natural, Professor Putnam thinks, for him to end up at this law school.

He nnds the students here to be VCt)' smart, and "very brave" ro have a non-lawyer teaching them.

One thing he would like to see, however, is for law students to overcome their fear of math beProfessor ]uua Brunnt!e: ':A.n incurable optimist" cause he sees math as a way of looking at the their own bags to the grocery store. world precisely.

When asked if she ever gets overwhelmed or He and his wife, a physician's assistant, are en· depressed in her study of international environ· joying Toronto. The we:tthcr is • just enough colder mental issues, Brunnee calls he~if an wincurable than [his native\ B05ton so the sno\\' sta)·son the optimist," which she says is a necessary quality for ground" in the winter and the food i' good, (a\. though not for his figure, he worried) and peor.\e the Job. "ln this field you learn to ~e <mall things have been "exceptional\)· fri.end\y." us prowes,."

Both are avtd skiers and ::nc (\um: sausfu:d wnh 1:\runnl"c encourages all students interested \n the Ontano s\ol'C5, even t\\o\1\l,h he 10\c.ed th-at international environmema\ \aw to dmp in toc.hat the)' are Jl()\ qu\te m "tn:1SS1~" \~ wou\d\1\:.c - I t could be ahout course, , envuonme.nta\ ISS\IcS. ot m aybe the m oun tmns.

D ean Danie ls R eappointed Conrinued from page I "We have been at it in various ways since the beginning of the fall," he said. "Students were more than adequately represented."

For Janisch, the committee and the Faculty of Law should set an example for the rest of the University, and should not have tolerated any pro· cedural flaws.

"This did exclude and minimize student views...

It seems to me singly unfortunate that a law school could be so cavalier about process."

Oi Stas1o hopes that the school will work to get students involved in major decisions made by the Faculty during Daniels' second mandate. ~It should be impressed upon the Dean and the law school that it is important that students feel they have a voice," she said.

Daniels agrees, and stated that students have been and will continue to be involved in all major

projects undertaken at the Faculty.

Mit is essential for US tQ receive student input going forward. There will be lots and lots of consultation as there has been in the past," Daniels said.

Daniels is also excited about the challenges that the school will face over the next few years, many of which have been oudined in the Report of the External Review Committee, released and handed out to students late last week.

"The last several years have been a period of considerable transition," Daniels said. "!My new term] will still be a period of transition, and I look forward to it."

Daniels singled out improvements to the physical space, and efforts to recruit and retain faculty members, as two of the major challenges facmg the school.

Sweet and Lowdown Sweet Intensives - Well worth the effort: Eskeridge, Triantis and Block among others deliver the goods Kathy Bromley and Karla O'Regan - For putting together a great Follies

Ultra Vires Gets Office

Dean's Donut Madness - Since we ate more donuts than bagels, donut madness wins

Ultra Vtres ts pleased to announce the cstabhshment oftN office in Falconer Hall. Osler Hoskin & Harcourt has provided the student newspaper with a new computer to get the office up and running. Nancy Stitt, studenr co-ordinator at Osiers, said rhat her tlrm supplied the computer to ~how it~ continued support for the law !IChool and its enthusiasm for this sru.denr initiative. A V

The Globe and Mail - Going faster than the Post or the Star

ofT alumni herself, Stitt recalls ~how we looked forward to Headnotes coming our each week... the fucr that you now also have a full paper, with informative and humourous artides, 1$ a great bot>n for the students.» Ultra Vtte$ is grateful to o~lers for the contribution.

In other UV new5, three new editor6 have joined the editorial board. 1im Wilbur and Candace Chan are the new News EditorS and Beatrice Van Dijk is rhe Features editor. In addition, Bess Jofte joins UV as the new Business Manager. Ultra Vtr~:s is pleased to have them on board.

,,too IPt tltE! doris Lll..lt;>

23 JANUARY 2001

Nelson Chan - You have been added to the sec· ond·year listserv Frank Magazine- Who leaked the story? Surely not Weinnb, Weinrib, Weinrib or Iacobucci.

Dean's road trip - Three days in a small van with Dean Ron D (sweeeeeeeet)

Lowdown Intensives - Why start them on the tlrst day back?

10-digit dialing-"You are making is l O·digit lo· cal call, from now on please dial the area code before calling the number you are dialing. Your call will now be completed. This Is a recording."

Stockwell Day- Deserves I) an intensive course on the rule of law after repeatedly misrepresent· ing the Sharpe case and criticizing Lome Goddard for being a defence lawyer. and 2) an intensive course on law and economics to realize the social utility of settling earlier rather than later The Associates- Bad acting, bad accents and bad stereotypes Scent free Bora Laskin - So much for picking up m the hbrary Dean's road trip- Three days in small van with Dean Ron D (are we there yet?)

Practise law that matters at Osler, Hoskin & Harcourt LLP

Lexpert/American Lawyer 2000 Guide to the Leading 500 Lawyers in Canada once again cit~s Osiers as one of the two market benchmarks in Toronto for executing significant deals and a ~ eader tn ~he area of securities law, mergers and acquisitions , tax, litigation and a variety of specia lized pract1ces.

·--···········---··--···--·---··················--······-·-·····--·--------·y·•·-··--···-··-·····-··-··············-·------······-······--·----·--·--·-··--·····-··-···················-Nancy Stitt, Director, Studen t Programs, Toronto

416.862.6527

OSLER,

Di ane Co rni sh , Chai r, Stud ent Programs, Ottawa

613.7 8 7. 1079

HOSKIN&

Andrew Littl e, Chai r, Student Program s, Calgary

403 .2 6 0 .70 63

HARCOURT Osler, H oskin & JJarcourt

oslerstudent.com

I.I.P

-------------.. -- ........ ---- ... -.......... -.............................. ---..... --.-.... -. -- ......... ...J................................................................................................................. . ...................................----····"'······--··-·-··--T O RONT O

>

O TTAWA

>

CALGARY

>

N E W

Y 0 R K

4

ULTRA VIRES

N EWS INSIGHT

How DLS Helped Me Get My Articling Job

BY A r>:TOl'.lA Yu~

1hm'C ne\ er been n star law student. I have ne,·cr been \'Cry go<Xl nt keeping ur wtth cla<~ work, and I'm not. urc that I wt.:l e~.:r write a sit·dov.'tl exam in which I rrcewe tnore than .J B. l have ne,·er worked t a law fim1.

But 1have al\\a~'S been acth·cl)· im-oh< d with Downtown Legal Services (DLS), Over the year:., I have been a diligent voluntt.-er. a credit student, a pail! cas.:worker, and a shift leader. And I had fll}' pick of artid ing Job (l((er:; tht~ past ~ummer.

I can only~pcak from my own expcn· cnce, but llirmly bcltc,·c th.1t my involve· mcnt wirh Dl.S wn< instrumental to securing an artiding P<t.;ition. And ifyou ask other tlnrd-year DL..."er~. I suspect they wtll pttlbabfy tdlyou a ~imifar story.

DL$ experience helped me succeed in to.mdistrnct stages of the artidmg proce.<.S: flrsr, ir helped me ro secure an iniria! interview: and second, it helped me build a strong rapport with interviewers.

Judging by the type of legal institution$ that ~ronted me mterviews th1s past sum· mer, DI..S involvement is especially attrac· tive to smaller t'irms (particularly litigation boutique'), as well as government agencies ~ a\\ \e,·c~. \ n v.cncla\, sma\\er nTms and 'lt,I:Ntn\mtnt dt~'il.t\mcnt"' t .,q,U\tc. ~\ -pu :kt w thinl: ofit as 'off~r the opporwnity to')

articling students to take mcreascd re>ponsibifityrhwugh more "h.mds-on" work than as nom1ally givcn toartaclmg ~tlldents at larger llrm~. B\· hands-on work, I mean acti\'ities such a~ appearing in courr on M.1•rers motions, earn-ing yom own small c l.u~ court files, client conmct, and nrgouatmg ~1th OppOSmg counsel.

Smaller tirmsan,i g<:overnment a~nd~$ generally have lc~q resources than larger flrm~. and therefore rely more heavaly on their artic.lmg students to comrlete these task.• (Tip· One way to gauge the 1mportnnce of dime cxrcrfencc relative to other hirmg factors in any particubrfatm or agencies is to check that firm (>r agency on the Qlllcklaw Nativnal Artiding Surv~· Damb.1Se).

In parncular, it seems to be the richness anJ breadth of rrnctical experience p~nt 10 any Dl.S worker that makes that individu.tl such tm auractive candtdate on p:tper. My rt!sumc highlighted many oft he valuable ~kall~ l'd developed from my tame rtrDLS. 1) prac neal expencncc in litigation, negotintion, ami mediati<1n at courts and tribunals, 2) first-hand expenen<e dealmg wtth all type~ of clacnh, .3) expcuence wrestling With i!i>atcs oflcg:tl cthacs, 4) ~ohd research skills develupcd by preparing for trial or hearing or ·writing ~ummary advice lette~.

5) experience in legal drafting, 6) aw~rem')~ of tlrm procedttre, and perhap~ most Important, 7) a knowledge ofm\ trength~ and weaknes~s In each of the above areas, accompamed by an awarene~~ ofwhat I need to do and a~k tO improve my te~hmque~.

These expc nenr:~ and kills are not untquc to DI.S. and can certnanly be dc\'clopcd 10 othen~ay~. NeH~rtheles~. I feel that there are few other opponunmes for law :.tudcnts to hnve so much re~ponq. bihty and mdependem.e, and to gain ~uch a wide: berth ofexpenence from any single emplorment or volunteer opportu nlty.

Each ofmy antc!Vaewers dtSCU 'ed dttTcrent items on my r6urru! or m my personal late! trn\'cl, booh, UofT law profesrors, mooting, job experience, etc.

The single consistent topic oiconversation in each (l{ my interview~. however, was my experience at Downtown l.et,o:~l Ser,ices. )ou are prohJhfy aware that estab!L,hing a gooJ relationship with the anten-iewer(s) is the key to bcmg offered :m arricling po.sttion. While law fimu grant interview~ on the basislt(an mdtvidual'li re~umc, the}· generally makll o.>tnploymem offers to aruclang students on the basis of'iirm fit.• In other word,, the questaon as whether the anrer'Jiewee would gee altmgwith the other lawyers at the firm. [n my experience, speaking about clinic experience ha~ distinct advantages Wlth teSrect to butlding a rapport with your intervtewer.

Although you will find that many interviewers Will share interest in the type ofboolcsyou read, the sports you play, or tbe places you've travelled. every imcr.

'V\cwtT can dt~ct\y re\ato::. to tak s of ht ~t

23 JANUARY 2001

MAPIL - How Sweet it is!

Most Successful Year for SLS law Clothing

Public interest group grabs the attention of students with tasty treats and serious goals

Cranberry fleece most popular item, fleece toque least popular

BYNOAHKLAR It seems that the lx'St way to a law student's heart ts through the stomach. Mandate for Public In· tercst Law (MAPIL) h<»ted its first two event~. a geuing·to·know-you coffee house entitled "just O.'Sscm" and, more recently, a "MAPIL Syrup Pancal.:c Brunch" (cO·$ponsored by the Black Law Students A~ i ation), which commemorated the birthday of Martin Luther King Jr. More than two hundred dollars were raised by the pancake anJ maple syrup sales, which wall be put rowarJ sponsoring guest srcakers.

MAPIL was founded last semester by a small group ofU ofT bw students under the tutelage of PamShime, National Director for Pro Bono Stu· dents C.·mada (PBSO. Set up as a counterp:ut to NAPI L (the U.S. national st udent movement of stmilar adeology), the U ofT br:tnch is the first of 1ts kind in Canada. The group aims to raise awareness about publtc interest law and pro bono is· sues, and to promote opportunity for involvement borh at the law ~hool and in the community. Members of MAPIL hope that their work will help motivate other schools across the country tO follow their lead and create a national program.

Shime, whose office serves as the headquarters of both MAPIL and PBSC, considers the group to be an exciting development at the law school: "People have told members, including me, that [MAP!I.:s) presence really adds to the tone of the

Writer Noah Klar (I), pancake chef extraordinairc law school and has created a real energy around public interest law."

MAPIL meets on Mondays at 12 p.m. in FLB. Contact fum Slume in rite Pro Bono Students Canada office for more mformation.

rime.s ~~aking rn ~turr, first trials, or

BY STEPHANIE WAKEFIELD The Student L1w Society (SLS) broke almost every record for clothmg ~ales last December, bringmg in $16, !25- but they didn't make a dime.

Contrary to popular opinion, the sale w;s not an SLS fundraiser. In fact, the clothes were sold at cost. "! was really surprised we weren't making money," said first-year representative Sud it Ranade. "I'm glad that rcople bought stuff. It shows sparit." Clothing committee chair Joseph Cosentino described the sale as a service, "something tbe SLS thinks it should provide."

The committee sold 50! items, including 108 t·shirts, 89 fleece~. 88 swcatshtrts, 68 hats and 59 pairs of rants. "We broke every record except t· shirts by a substantial margin," boasted thard-year student Paul Manias, who along with Justin Tan helrcd Cosentino organize the event. "The only disaprointing trend was that I thought the faculty would have purchased more. Professor Duggan was the only one who bought anything."

Last year, students spent between $1,500 ro $2,000 on law clothing. Cosentino attributes the increase to a change in manufacturer. "We were lookmg for someon~ more professional who would give us better qualiry stuff and better prices." But last rear's sales figures were an anomaly; Manias and Co~ntino implied that an attempt to make the clothing more up-to·date had limited success.

"Some of the stuff last year was interesting but didn't have a lot of appeal," Manias said. "Our idea was to make it more classic and wearable."

T his year, Cosentino started by asking students what they wanted and srcnding hours rouring over catalogues and most students were happy wath the results. "Women really liked that little h~ooll t· ~hirt," Ranade said. "I'm glad they don't have stuff that says 'I'm a law Dad.'"

LIIW

B A RRIS T ERS

p AULINE R OSENBAUM

Through the li1ronto Raptors' community rela· tions program - Vince's Hoop Group- ~tudents involved in the Frontier College Homework Club and four of their tutors from the law school were lucky enough to v.-atch the Raptors face the Dallas Mavericks at the Air Canada Centre on Jan. 5. Deon, !5. said, "rhe game was very good becau~ that was my first NBA b..1sketball game I ever Iwent) to."

It was, however. an evening of small setbacks.

After the game, the students waited for more than hour for their chance to meet Toronto Raptor's star, Vince C1rter, who was held up in a team meeting. To help pass the time, the students were allowed to shoot hoops in the Raptor's practice room. Neverthele~s. the opportunity to talk with Career was well worth the wait.

Career participated in a question-and-answer period, <igned t·~hirts, and po~d for pictures. He encouraged the students to stay in school, and work toward their goals. Stressing the importance of role models, Vince thanked his mother, who was present, for insriring htm and keeping him on track. Although he left college to join the NBA, Vince assured the students that he intends to con· tinue studying and get his degree.

Frontier College as a Canada·wide, volunteer· based literacy organization. started in 1899. T he college teaches people to read and write, and nur· tures an environment f.1\'ourable to lifelong learn· ing. Through Pro Bono Students Canada and Fron· tier College, law students arc paired with high· school students who are at risk of droppmg out of school. Fiftee n law students meet wath students from Central Technical School once a week to provide literncy traming and homework help. The students, who each experience challenges in their daily learning, requested ro be part of this program. Deon relayed: "working with Rita !his tu· tor) improved mr reading and my speech."

The experience c •n be very challenging, both for the students and their tutors. Indeed. many of the students experitnce behavioural problems or face social disadvantages and dtfficult home lives.

Despite these challenges, the law school tutors find the experience ro be extremely rewarding.

One tutor, Cat Youdan, says th:n she finds tutor· ing worthwhile because it allow~ her to have con· tact with a different age group from the one with which she normally interacts. In addttion, by working one-on-one with a student for an entire school year, tutors can sec the progrcs~ m the student's reading and comprehension.

&

& BECK LLP

SOLI C ITORS

Widely regarded as Canada's leading business law firm

Frontier College Hoops It U p

BY SIMONE B OXEN AND

Continued from page I

UorT

DAVIES, WARD ~

Criminology gets boost

The Centre for Criminology is a graduate students-only institution, With six core faculty mem· bersand a numberofcross-appoanted faculty, such as Phillips and formerly Beattie, who was also ap· pomted to the History Department. The R=rch Fund will be distributed as grants to PhD students and junior fellows at the Centre. Phillips hopes that the Fund will offset dam collection, tran.<por· tntion, and phococelp}ingexpensc~. for which grnduatc students often use their own money.

Second, Phillips challenged comparisons to prncticing lawyers' ~a Iaries: "It's a different job. For all the talk about Bay Street salaries, nobody make> a very large salary for practicing IL•gal theory." O.lm· paring the pay oflegal academics to prnctirioncrs was, "inapt," accordmg to Phillips. ·~re you a professor who teaches law, or are you a lawyer who happens to be teaching? If tt's the first, then the appropriate companson group 15 other pro(cssot>."

Though the full demand was not mer, the Faculty of Law wns allocated a base budget incrca"C of $5 50,000 to be nprortioned among its professors according to a varieryofcnteria. Profe~sor Phtllips also obJected to the inevimble source of this money: Heads of U ofT Clothing Committee sponing rheir OU'Il classic designs (from lefr w right) : '"This incrc-a"C leads dm..'Ctly to rnising Iruition) fl'Cs," Joseph Cost'Titino, Paul Manias, and ]u.srin Tan. he concluded. "When we make a demand, we should think about the consequences."

Cosentmo was m charge of the ad campaign, which But nor everyone was a fan of the clothing.

Instead ofkeepmg his share of the pay increase, offered law clothing as a cure for the sartorially chalWhen asked why she didn't buy any, first-year Phillips decaded to u"C it to support graduate work lenged and suggested that Michelangelo's David student Dena Varah claimed it was expensive, in criminology, and to recogmze retired Professor missed out. Sales technique helped, too, with Ranade adding, "I didn't feel the need to wear U ofT John Beattie, a leader m the field ofcriminal justice and Manias cited as the top sellers. "A lot of people law clothing. I know rhat I go there - I don't history and former dtrector of the Centre for Cnmisaid I was a good ~alesman, which worried me," need everyone e1~ to know." And desptte the nology. "The Centre is deservmg," Phill1ps exManias said. a Everyone was making fun of me berecord sales figures, almost two-thirds of the plained. "The University chose to give half a mil· cause 1 knew everything about the clothing - like third-year class and three·quaners of the sec· lion dollars to Law, and not to other departments. what colours went with people's eyes." ond·year class didn't buy anything.

This is a redistribution of sorts, and an opponumt•; Third·years bought the m0$t clothing after the Still. the overall response was enthusiastic, to give a proft\e to }ohn Beatue's name." alumni office, with Manias :md Cosentino leadmg with Cosentino reporting that many students Other foTmCt ~tudcms and co\\caguc~ l)f 'Pro· the way at JUSt unJcr $400 euch, followed by Kmla want more- a request he' ~ happy to accommo· fe~sm 1\catti.c have !omce <\onatcd to tht hmu.

O'Rcb'lln nnd }ulia F.van5. First-yeats came m:xt, date. n,. -po~u\ar demand, U o { 'T \aw c\othm~ ..bu-o.-\n~ \hc't ""W'='a\ \on {ot nn a<.adcm\<.. woo w\\\ l ClUtt\ on a 0 ann)\ nnd Y. c.b \ "ith s.econd·~ean tn last \>\ace. ndmg \ o:t\cnct.

ii-ustratmgcltcnt~. Every lawyer retncm• t.er~ what happened the 6rst time he or

she srOQd up w speak in a courtrOOm, and what emotions he or she fclr at that tame.

In my experience, speaking about DLS experiencescrearcdan instant bond between my interviewer and me. Sharing humowu~ anecdote~ ofmy own experi· ences and those o( my DI..S colleague$ (being careful, ofcounc, to adhere to cont1dentialicy rules!) nN only;tmmed my intervicwe~. but allowed my interviewer to relate to me by ~hating his or her own first-time experiences.

In some ca~s thts sharing also led to more serious di>euS$ions about ethiCal dtlemma~ I'd faced. as well a~ a conre~5h1n of m\' relati\'C strength5 and weaknesses in different aspects of practice. Every rime the~e topia. came up, I received po5itive fcedbac k ftom interviewers for demon· matmg my awareness ofthe dullengc~ and difficultie~ I would encounter during my artlding expencnce, n~ well as throughout my legal career.

I can't 'illy for certam that DlS V.'\ls directly rc~ponsible (or ~curing the otter that r ac· cepted (though I did spt:ak at great length about my DlS experien~cs in the mtervtew).

But 1 am ~ure that it wa~ abwlutely an~tru· mcnml ingettmg meat lea.~ two other ofths.

Based on my arriding tntcr\'iew exrcriences, I strongly encourage current DLSc:rs to make the most of their 10volvcment both on their r~sum~snnd in their inteniews. for anyone not vet anvo1ved with DLS, I urge you to con~ader volunteering. And not JU>t because it looks great on your ttsumt-but becau>~e it provides an ideal opportunity tor you to de\·elopyour rracticallet;"al ~kills by giving to your CQmmuniry tn an area which desperately needs increase..! servaces..

5

N EWS

If you thrive on challenge, are eager to learn from the best and quickly want to play a central role in our clients' business transactions, commercial litigation or other m atters ... DWB is

a great place to work!

F

or infonnation on our articling and sununer student programs, check us out at www.dwb.com (click on the icon Join DWB) or contact: Frances Mahil Director, Student Affairs 416.367.6966 fmahil@dwb.com

Suite 4400 I First Canadian Place Toronto, Ontario Canada M5X I B I Tel: 416.863.0900 Fax: 416.863.0871 www.dwb.com

6

SPECIAL

• MENTAL HEALTH : STRESS, & ADDICTION

FEATURE

DEPRESSION,

Is Anybody Out There?

BY BEATRICE VAN

DJJK

In the fir~t episode of The Associates, which premiered last Tuesday, a corporate lawyer commits suicide by jumping off his finn's office tower. (The fictional lawyer was 42, and his legal career was over. He was unable to imagine an alternate career path. If he had known how easy it is to get even mediocre scripts accepted for television production, he wouldn't have jumped.) The first epiS<x!e's plot is unbelievably melodramatic. Depression and other mood disorders, however, are realities for many lawyers.

Also in that episode, a young lawyer hops in his Porsche and speeds offafter smoking and drinking his way through the afternoon. In The Assocuues, the drinker-smoker is an upper-class Enghsh brat.

(Why the <:eript-writers had to make him English, I have no idea. There are plenty of home-grown upper-class brats. I digress. This paragraph is for making a point about substance abuse, not for reviewing The Associates.) Young Canadian lawyers politely tum down the Porsche-driver's invitation to sip expensive wine in the early afternoon. However, not all junior associates are able to exercise such self..conuol in relation to alcohol.

Support Services for Lawyers Alcoholism, drug dependency and depression are widespread in the legal profession. Don't try complaining about this to teachers or social workers.

The fact is, however, that lalo\-)'ers are particularly vulnerable. The Ontario Bar Assistance Program (OBAP), founded in 1978, assists members of the legal profession suffering ftom depression, drug or alcohol dependency, and gambling addictions. The mgani~'ltion can a\so assist in easing sttesses \i\c.e \'i\m\\'1 ~tob\em'!t 'i\nd "{'To(~!;\ona\ bumout.

Worrisome ligures about depres.~ion and subsrancc

frustratmg roundabout touch-tone service. Another positive aspect of this support network is that it is absolutely confidential.

If you call Program Manager Leota Embleton for help, she will offer to meet with you immedi· ately. Embleton will discuss your needs- at some length if necessary· to find out what support you require.!£ therapy or counselling is in order, OBAP will hook you up with an appropriate service.

Embleton will also ask if you are interested in speaking with a volunteer lawyer, and try to connect you with a colleague who has had simJiar difficulties. The program maintains a list of more than 100 volunteer lawyers all over Ontario.

"But I am not yet a lawyer," you say. "What use is the Ontario Bar Assistance Program to me?"

OBAP's constituency includes not only lawyers, but also law students, judges, and family members. The organization is eager to promote its availability to students.

In September, Embleton made a presentation at the first-year orientation. Her presentation met with mixed reviews. All one student remembers about it is that "there was a quiz with these really funny questions," and "it was good to know that the service was there, but the presentation wasn't that good." OBAP offers many support options for tho~ who suffer from mood disorders or ad· diction issues. However, the type of support the program offers may not be for you. There are sev· era! other avenues of assitance open to law students suffering from afflictions ofmental health or substance abuse.

Support Services for Students One of the first places law students can go if they are hav\ng trouble coping is Associate Dean Mayo Mman'~ o({\Ce. Moran invited OBAP to make its presentation ar rhc first-ycarorientanon hcocnu.o;c

abuse arc prc!>cnced by she feels tr is important OBAP Manager Leora to deal with the issue of Embleton. For examstress at law school. She ple, lawyers and judges believes the incidence of arc three times more depression is probably no hkely to be clmically higher in the law student 1. Do you plan your work and study depressed, three times body than it is in the genroutine around your drinking or using? more likely to be aderal population. How· 2. Do you ever feel that you need a drink or dicted to either alcoever, she also believes drug to face ccnain Situations? hol or dru~. and SIX that first term of second 3. Do you drink or use drugs alone often? times more likeh· to year is one of the most 4. Have you ever had a blackout? commit suicide sucstressful times many law 5. Do you drink in the morning? cc•>Siully ·as oppo~d students have ever expe· 6. Have you ever misused funds to go drinking to attcmptmg suic1de rienced. or buy dru~?

- than the ge neral "A lot of people come populauon.ln light of in to my office on the - Ontario Bar A\~istance Program Wc:b page the~e numbers, The verge of or in tears," she AssoCICIIes' opcmng says. "The biggest mistake cptsode doesn't -;cern quite as melodramatic as it that many people make is that they try to cope on fim appeared. their own." Law students, she finds, are generally OBAP's founding members felt there was little reluctant to seek her assistance. They arc too support in the profession for lawyers tormented ashamed to ask for help unnl things are really out by the vocation's pressure, even though mood of control. d1sorders and addtctions are ubiquitous. In the Students who visit Moran at a time of crisis can past, there was no relief for those who d1d not rest assured that they will not be the first person assirrulate IntO what can be called the legal profesto cry m her oftlce. It is not a ~ign of weakness to sion's "culture of success". ()(m know - you're need extra support on occas1on. When these ocsupposed to stride breezily from articling student casions arise, the Associate Dean says she will not to JUmor associate ro .;emor partner. If you do treat you as if you are a failure. She says she is everything nght, your ~pousal rclauonsh1p should always wilhng to talk with students so as to figure 1->c perfect. At the same time, you're to ra1se brilout soluuons to their problems. "It usually only liant babies, contribute to the commumty, and takes a ~mall change to get things back on track.~ make ~hrcwd mvcstments. If you can't pull all Those who contact Moran for assistance can rest the.se feats off; you feel like a loser.) In the abassured that she is has much counseling experi· o;cnce of a profess1onal support network, a group encc. Before her legal career, she was a high-school of lawyers got together and started OBAP's volguidance counselor. unteer-run program.

Professor Moran sees the law faculty's lack of a full-time counselor as a shortcoming. She would The program is structured so as to facilitate like to see more developed support ~rvices, such mutual a~SIStance between those in the legal pro· as on-site counseling. Law schools with more ex· fcs,ion . People suffering ailments ranging from p:msivc administranve services can offer stress and mental illness to career-related stress may call one nme-management workshops. At the moment, of5evcral toll-free numbers, or a 24-hour hclpline. no equivalents are available at this faculty, howWhen I called the helplme, a real person answered ever, workshops on stress and time management 1mmed~atcl}· - there was no need to deal with a

Do You Suffer from Alcohol or Drug Dependency?

SPECIAL

are offered at the Koffler Student Scrv· ices Centre.

Our vocation's culture of~uccess in now being promoted in The Associates. One of the show's young lawyers got his degree from Yale, one \\.'liS first in his class at McGill, another did her Masters in Law at U ofT and has an MBA. They stride through the opening credits, on top of the world.

Everybody knows these perfect people exist only on TY, yet we often try to match the fiction of success by denying cracks in our own standard of achievement. Luckily, the Associates aren't the only people out there. OBAP, faculty and university contacts, are also available to support law students when they are overcome by a reality check.

DEPRESSION,

PsychU.Itru: Services, University of Toronto Located in the Koffler Student Services Centre Telephone: (416) 978-8070 Psychiatric Services offers treatment for anxiety, depression, eatmg and body image disorders, -;elfesteem problems and many other menml health issues including su~tance abuse. You can call the number above on weekdays from 9-5. Bring your U ofT Student Card and your Health Card with you ifyou drop in. After hours, you are advised to go to your nearest emergency department if you are in crisis.

Ontario Bar Assistance Program 24 Hour General Helpline: 1-800-667-5722 Leota Embleton, Program Manager: (416) 241-7983 or 1-877-576-6227 John Starzynski, Volunteer Executive Director: 1-877-584-6227 24 Hour Women's Helpline: 1-800-641·4409 You can access the service's web site through the Law Society of Upper Canada's Web page at: www.lsuc.on.ca

The Clarke Institute of P~ycltiatry 250 College Street (At College and Spadma) Toronto, ON M5T 1R8 For general information on addiction and mental health you can call the Communication~ Department at (416) 595-6878

MENTAL

STRESS,

&

ADDICTION

name than ever be asked for it. 1waited. I had not eaten smce lunch. Headaches, shakes, hypoglycemia, distress took their toll. I had seen a cafeteria somewhere on the way in. I waited. I asked the girl inside the reception barricade if I could make a quick trip.

"The cafeteria is closed, but we have sandwiches.

Would you like one?"

Fucking sandwiches had been there the whole time.] shared the tuna fish with the other patient, a dirty fat woman with a facial tick. Dr. Gupta led me to an intake room. She was only the second psychiatrist to as.sess me. My ability to spin it all out was still unrefined. I broke into tears. A hattrick buffered by long droughts. She took my knife.

She went to find me a bed somewhere. Queen Street.

A security guard searched me. I was unready, still carrying my school shit and my laptop. A nurse escorted me in a taxi to the Queen Street emerge, my toothbrush, soap, clothes, pudding, pic and porn out of reach.

Three days later, they escorted me in a van tO Mount Sinai. Christ. I saw my mom from the van.

She brought my toothbrush and clothes to Sinai.

Weeks passed before I got privileges to go outdoors.

I got discharged in the summer. I found the pie, wrapped with care and stored in my freezer. My mom never found the porn, but the condoms from under my bed were in my sock drawer. Gupta took me on as an outpatient.

Mental Health Facts

!

7

HEALTH:

I tried to study for deferred exams. I couldn't. I broke down and called my mom. She stayed with me through my exams. Eventually, I got the re· March 2000. University of Toronto Psychiatric suits back and cried in front of one of my profesServices. Dr. Zener urged me to have myselfhos· sors. But for this professor's grace, I would have pitalizcd. The implication that I was sick was valihad one more C +. dating, but suicide would be cleaner than hospiFall 2000. I miss: (l) 40-year-old victims of talization. Suicide is finite and private. Hospitaliabuse that I can understand better than law stuzation is indefinite and public. dents. (2) The immediacy of the psych-ward. InI would live in failure. First-year lawschool inpatients were often blunt about sex. I haven't complete. I had ~at through countless lectures been propositioned since. (3) Gupta. fearing and hating everyone in sight. Weakness Winter 2000. I am back with Gupta. I am also was a betrayal of my moral high-ground. Now I without the life insurance required for hate with even less justification. I did what Zener Scotia bank's Professional Student Plan Loans. told me. She called the Clarke for intake as.sessScotiabank requires either a guarantor or life inment: "Patient with depression and ... dysthymia." surance in the amount ofthe loan. These will cover Sporadic searches of bookstores later revealed the the debt in case of death. To get the insurance, you meaning of this last word. fill out a fonn that asks ifyou've smoked in the past On my way home, I bought pudding, a pie and year, if you have any allergies, etc, you pay a small P<>m, treats to enjoy on my last day outside I had premium, you get your loan. If you have been hos· never prepped in such style for the knife-in-hand pitalized in the past x amount of time, you have to I got home, there was a message nights. When disclose that. I said I had been on the psych ward. from Zener. The Clarke would be expecting me For mental illness, I wrote in depression. I gave the that evening. I knew my Mom would probably contact infonnation for my psychiatrists. be home by this time of day. I phoned her longA month later, I got a letter from Canada Life distance. As I told her that I was going to have (the default insurer for these loans) asking for clarimysclfhospitalized, I broke into tears. She probfication as to the nature of my depression. I \\-TOte ably said something supportive. down that I have obsessive horrucidal, suicidal !locked up my apartment. I cried on the suband self-mutilative thoughts. I could have toned way, hke some lunatic. Trying to stay composed it down, but this was an opportunity to be selfprobably m:1de it harder. I rode the streetcar down defeating and righteous at the ~arne time. I got a Spadina. I had screwed up copying the Clarke's letter on Dec. 30 sa}ing that I had been declined address offofZcncr's message. I spent a half-hour looking for it in .---------------------------------~ because of my violent obsessive thoughts, Chinatown. I checked the and that this class of in· phoncbooks, no luck. I surance could not be called my mom collect given to me at any prefrom a poy·phone. She gave • During their lifetime about 5 to 12 per cent more often. Ma\es tend to attempt suicide eaT\y diatrnul(ht fumbling sup· mium.They didn't c;on· of men •nd 10 to 25 ~' <:ent of w..,._n wi\\ \n a de~~ e~; fema\<:10\n the \ateT part ~~...--port. I checked the tact my p~ych\atr\5ts, have at least one epiSode Of maJQr ~ve ottlN:e~. phoncl:>onks again. At best, they maJc no inqwrics. disorder.

• Major depressive disorder often accompa· the Centre for Addiction To do so would he me(· • Females have higher rates of major depres- nics and exacerbates chronic general medical and Mental Health seemed ficient. People are exconditions. sion than males by a ratio of 2: l. like something heard bepected to understate • 20 per cent ofpatients visiting primary care • 80 to 90 per cent of people with major fore. I found a quarter, their illnesses, Canada physicians have depre~ve symptoms; the condi- depression can be treated successfully. Yet becalled.

Life does not bother tion ofnearly half of~ may go unrecognized. cause of the stigma associated v.ith admitting to "H1, where do I go?" with people who ~car­ • Seasonal Affective Disorder (SAD) is rela· emotional diffictllties, only about a third ofthose "College and Spadina." let letter (Dr. tively frequent, 1.\-ith estimate:. of 5tol 0 per cent with depression seck help.

Half the address had Wiesenfeld supplied of the population suffenng SAD in htgh geo- • Depression is .~ignificantly more associated been right. I went to the this metaphor) them· graphic latitudes. with lost workdays due to ~ickncss than hn>eremerge reception and gave selves.

• Women make 3 to 4 times more suicide tension, diabetes or arthritis. my name. Patients often \\'/inrer 2001. Hm. attempts than men, but men complete suicide avoid giving away their full Maybe !,can help some· -Cia~ lnstirute of PsJclliatry ~{:b page names.! would rather have one else. bystanders learn my last

BY STEPHEN pARKS

Koffler Studt.'flt Services C.'T1tre, Uruwrsiry of Toronco 214 College Street (At College and St. George) Offers stress and time-management workshop.,.

•

History of a Breakdown

Where to go for Help Associate l:kan Mayo Moran Second floor, Falconer Hall Telephone: (416) 978·5443 Email: mayo.moran@utoronto.ca Professor Moran can help if you need counselling, paper extensions, exam deferral~. or ~>imply a sympathetic car.

FEATURE

Stephen's Advice 1. Visit a psychtatric ward. Gain familiarity while you're sound of mind, When you need help, you'll have less worries.

2. Don't hesitate to dump your psychiatrist if they don't feel right, even if it is fm sexist or bigotted reasons. My two longterm psychtatrists are young women. It's awkward at tinleS because of the thoughts I struggle with, but sexual chemistry will make it harder for you to remain disengaged from the relationship.

3. If you do go into a hospital, bnng quarters. Pay phones, vending machines and laundry are sometimes available.

4. You may be reluctant to do group therapy because you don't think it will help. It may not, but 1found that helping people with whom 1could empathize was rewardmg.

5. Exercise will aggravare you. Do something you enJOY that happens to be healthy. Climb trees, skip rocks, bike to school. One of my roommates at Mount Sinai would wrestle with me. Watch out for security cameras though or you w11l get a hassle or worse.

6. I won't adv1se law student5 with mental iUneor.s to take care when they fill out insurance applications. I was aware of such \\.'llmings. Get your doctor to tell you what to write. If she fucks it up you can a\....-ay' ~u<! her for breach of fiduc1ary duty.

7. Go for the ~t:rongcst intervcnttons. lf hosp\tahtation i1;nt appropn:lte, 'jou'\\ be Ktecned out. \{ ')'OU dQ need hos-p1tnh!.~!.•

r tion, asking ...

if[ cxpeJitt• tiJc

{JTtJCC~.

Advice for peers I. Never tell u senously depressed pcr~on that you know how the) feel. 1ell them that you want w hear ho~· tl1cy tee!.

2. Never ask your depre~•sed friends how their studie;; are ~omg. A'kinsread, "is there anythingy,1u need?"

3. Always ask before touchinr:. Contact is good, bm never assume that puttmg your hand on ,om cone'· arm is ok:w.

Student Fears Stigma Attached to Psychological Suffering At this <:ehool oflaw, a great deal of time is spent in class ensuring the equal treatment of all, regardless of race, religion, ethnic back1,'Tound or disability. The \'ast majority of students wholly embrace this philosophy. Why, then, is there such a stigma attached to psychological difficulties! I'm not talking about clinical illness (although there should certainly be no stigma attached there. Cl· thcr), but about the occas1onal feeling of not being able to deal with it all, that affects all of us at some time or another.

Law school is stressful. This isn't undergrad anymore: this time we're playing for real stakes, real jobs, and (gasp) real life. Many of us, upon arriving here,leamed that we weren't as smart as we once fancied ourselves to be, and despite the Dean's continual assurances that we arc "the best of the best," doubt does creep in. The workload is heavy, pressure and competition arc high, and let's not forget that law school is not the only thmgin our lives (although it often feels that 1.\-<ly).

We all have families and friends, many of us are in long·tenn relationships, marriages, or have chi!-

dren ofour own. Our personal lives deserve some attention, and many of us find it difficult to juggle the multiple respon~ibilitics. This, too, lead' to more stress.

The strcssors upon the law students arc pretty high. And yet, you rarely hear anyone admit to this vulnerability, ocher than in the most general of tcnns. I've overheard people say: "Man, I'm gonna jump off a bridge" or "This place is killing me." Others drink, a lot (you know you're out there), chain-smoke, or abuse narcotics. Substance abuse, we should rcco~:ni;:e, is prevalent m our field. But only very rarely will anyone 'go public' about the mini-breakdowns we all go through, for fear of being labelled and ostracized.

I myselfam guilty of thts, as it is not my own name attached to this article.

After receiving a disappointing grade in a class, I cracked. I got qu1ckly and heavily intoxicated, cried incessantly, and then jumped to the conclusion that I was stupid, never going to get a job, and that my life, as a whole, was a failure. Clearly this was a bit of :mover-reaction, but as !learned,

not entirely unheard of. I sought help from U of T's Psychiatric Services at Koffler Center, and when I told the shrink what my major was, imagine my surprise as the doctor smiled knowingh·.

"What you're feeling is not uncommon," the -hrink said, "You'd be shocked to know how many of your classmmes I've spoken to, about much the same thing. The Faculty ofl.aw is kcepmg me m bu,mcs.,."

I don't know if that made me feel better or nm.

On one hand, it was comforting to know I wasn't the only one having the occasional breakdown, and on the other, I wondered what was wrong with the law school. In a faculry ofless than five hundred students, we stood out more than sa}. the Faculty of Arts, whose rcgtstcred students are in the thousands. And I've come to the conclu· sion that the Dean's automaton-hkc reassurances that we're all the eat's ass just aren't domg the job.

The Faculty needs to look at stress as a real problem in the student population and respond to it. The law school is pretty much separated from the rest of the university-we have our own extremely competent and all-knowing financial

aid oftkcr, and our own experienced Cmo:cr De· vclopmcnt Oftke. lied a lot better knowmg that the~c profes~ionals arc there to help pe(tple ltkc me, and are intimately acquamtcd w1th the needs of the law school population. \X'Iw, then, d,, we not ha,·e a counsellor or pwchologJSt .:ome m a few timl'S a week to talk to students who arc gomg through the inentable ' trc~'e' of ...:hool. work, and life? Clearlv there's a nc:cd for 1t.

Pcrhap' tithe Faculty acknowled~;c' that liCl'd and responds to it, the whole ~ tigma attached to suffenng psycholo!,-rical stress w1ll be somewhat dcmystitled. Then people like me and the mhcr~ the shrink referred to. and thoo;c of us who arc too afraid of being labelled w do anything, would ti.:cl less like pariahs and more, well, normal. Because what we're gomg through is entirely normal. For a Faculty that espouses non-discnmmauon. the provision of quality ~ervices, and sU~'port tin it' students, in the arena of students' p~ychological wcll-bemg we are not ofiering student' the support they need.

- Name Withhcl.!

8

ULTRA VIRES

EDITORI A L

Letter to the Editor

EDIT O RIAL

Unhealthy Victorian Values A law school acquaint:nxe is hunched <Wer :1 de$k m the library. He hns mounds of Kleenex ~tde htm and hi~ e)es arc "~tering. "Oh. you look skk," you sar. "Ye$, (cough. cough) I c.-tu~ht a cold," he rcrlic~. 'ou make S\'lnpatheric noise.' and otkr him n l falls.

A lmnc hool ac4uaintnnce is huddled in a comer of the hbrary. She 1s pale, and stare~ blankh· at nothing. There arc dark shadow~ around her eyes. YL>U walk by. She tkx:11 not l<x>k at you, so you do 0\lt <peak to her. "She looks depresscd,"you think. Whnt c.m you say? tJnllke \~ctorian'-, w~ are comforraNe speaking of physicnl11lne~s. Like Victorians, we are deeply uncomf~mable $pe:Jkin2 of mental illne!IS. Second-year student Stephen Park~ sufiered frnm a bad bout of depression last ~pring. lt took a l0ng ttmc for those of u~ who lmow htm to speak openly about why hl' was m ho~pttal. P:udy, this wa~ 1>Ut of respect for hi~ pnvacy. However, if he had been treated tor pneumonia. \\ot' would have told each other. Mostly. hourge..>isconvcnt:inn paraly:ed our communication and ~torpcd u< f'rom ~a\'mg he \\oa\ "hl~pitalized for depression." Our silence deepened the sugma that marb depre~sion , and all mentaltllne<~s. Yet brain chemi~tr)· i5 as delkatcas phy,tr.tl health. There is no more reason to pretend that humans have an endless~upPly ~,(mental strength rhan there is to pretend we are unmortal.

Ne(l-\lictorian seruibiliti~ about mental health dn nOt make Stephen hap!')~ He shares his experience~ dealing "'ith dcpres-~1m m thi~ i.~sue oi!Jlrra \~ His honcstym:.-hls<hmsomecfthc~"dal conventions that ~l!Totmd rnenwl illnel;S, and clears a path tuo\~Mds 1'(1Cnnes.~ in relation romooJ di5ordcl".

The Clarke Jn..(titute's Web .site is packed with statbtic:. indicating the prc\"Jicnce of mood disorders and mental tllnes~ in the CanJdian populati<>n: At any given time almost three million Cnnncli:tns h.lve sen~1us depre$S1on but /e~~ than one-third ol them seek help. Nearly 7 pet cent of \l'tlmen aged 15 w Z4 experience depre-..~tOn. Mood JJ'10rders are more cl~!y associated with dt~abiltrr than ant· of rhc eight mojor JJ.scMes. The /ink betw~cn crcattvtty and depression is highligbrcd in one secttan ofthe Institute's Web sire: Ralph Waldo Emerson, Virginia Wool£ John Stu:trc Mill, Win ~ton Churchill and Abraham lincoln are all creative thinkers known ro have ~utTered from mood disorders and depr~ion, Gh·en the link benn .-en rnteUectual crt:'lltivtty and deprCSl;ion, "'J1lt' o( the m~t brilliant minds in the leg:tl prolt'SI;ivn are lJkdy to be plagued with lll()Od di~(lrde~. AJJ to thts the fact that legal oc.: npations are known lOr their hi~Zh levels of me~' and long hour-; and it i~ not surpri~ng to learn that m<mr law}crs and judges ha\·e suftereJ from mcntal1llnC$S. While we romantk lle the depre$~on ,;uffi:red by Emerwn and \XOOlf, we should f-.e :lttune to the fuct that mental illness is also much closer to h<m1c.

In the 16& BC, Roman playwright Terence wrote Homo sum; hununu nil a me aliemtm puto:"I am human, and nothing that b human is alien to rue.MInstead of maintaining out Vteronanatti.tude to mental health, we'shou\d foster this Roman outlook. There is no neL.J to hiue ev1denced mental ,1\ness, e...enm th<w: at high levels of the SOC1al benm:hy. \1\ne~,, both physkal and mental. i~ ran of belnp,mmta\.Thcrc \s no rea<,()\'\ 1:0 be emharr;~.SJ;ed by lt.

Edlror.

I have read your informative November 21, 2000 issue and would appreciate your including the following w rrections in your next issue: "New bar ads narrow exchange program options" in the "In Brief" section of the paper: there is an error in this section. A student who misses one or more modules of the Skills Phase 200 I will be expected to make up the missing modules, likely in 2002. It is anticipated that for students returning to Ontario from exchanges and commencing the BAC by june 27, 2001, all requirements to succe~sfully complete the BAC will be ai-le to be met in time for the tentative October 2002 call (not October 2003, as indicated). In the event that the student is not ready to be called by that date, students may be called to the bar in any month that Convocation meets (every month but December, July and August). When applying for defennent ofone or more modules of the Skills Phase, the students should refer to the memo accompanying the new Bar Admissions Course application and should follow the procedures ~et out m the rescheduling memo posted on the Articling information web site (www.lsuc.on.ca/ services/phase2/Articling.shtml) . Since the Skills Phase consists of three modules, a student may apply to defer only one or two of these modules.

Because of deferment options, the new bar ads do NOT narrow exchan ge program options.

I would also like to point out in response to the "Bad" and the Editorial "Bar Admission Course New, Not Improved" concerning the Articling hotline and Web sire that the articling phone line (4 16-644-4888) is operative and that the articling Web sires are also operative (see cards given out to the students at the session for info) . Although there has been a reduction in the length of articles and certain policies are in the process of being reviewed nnJ revised, the current information on

~~~~~~~~==~~~~~~

the articling ite 1S vahd for those students currently arucling, ilnd much of it is also valid for those ~tudcnts entering Bar Ads in 2001. It is a normal process to revt:oe policies and replace information bulletins as the pohcies are revised.

Finally, the comments about vacation referred to in Gavin Lceb's Letter to the Editor "a 14-~r cent reduction in work time has been accompanied by" 50-per cent reduction in paid vacation time" are not correct. The matter of salary, benefits, vacation, sick time is a private arrangement between principal and student. The Law Society provides for vacation (of up to 2 weeks) bemg part of the student's service under articles, in addition to the usual statutory holidays taken by the principal's firm. The Law &xiety does not mandate paid vacation of any length for either the current or the new models of the Bar Admi,sion Course arricling component. [Nore: arricling students, as arc other professionals in training, have been excluded from the Employment Standards provisions relating to vacation with pay, minimum wages, hou r~ of work, overtime pay and stannory holidays. (www.gov.on.ca/LAB/es/ introe.htm) ]. A principal and a student may agree to extend the term of employment beyond the ten months of articling and may also provide for addttional vacation during this extended time period. In this case, the student and principal should also cons1der submitting an Agreement & Confirmation of Supervision form to extend the nghts of appearance of articled students for the extended work period.

The Articling & Placement Office remains committed to providmg students with timely and relevant information. Please contact me if you have any further questions or concerns.

Susan Lieh.:rman, Head of Aruding & Placement Law Soc te l~ of Utlt ~er C tmtdd

Judge Judy at Old City Hall?

BY H ELEN MARTIN When a naive and inexperienced fi rst-year law student thinks ofjustice and the workings of the legal system, images of professionalism, order and noble conduct are frequently conjured up. Indeed, such is the underlying doctrine of many legal textbooks and the substance of much public opinion.

But what is real world experience about if not to challenge long-held, unfounded beliefs? On a Downtown Legal Services (DLS) tour of the courtS, I was afforded a good taste of disillusionment. As I entered a guilty plea courtroom at Old City Hall, I was expecting to encounter a drama of seriousness and professionalism. lt was with great anticipation that l looked forward to seeing the material of our textbooks in action. O ur ~h1ftleader forewarned us that the everyday workmg~ of the judicial system may not be as engagmg as the television dramas from which may have formed our understandings of the courtroom setting up until this point. While what I saw was certamly nor akm to Law and Order, this warning proved not to be entirely accurate. After leaving Judge M's• courtroom, I was left wondering whether she spent too much of her leisure time

ing any representation as he desired to be his own watching tabloid legal programming or; conversely, advocate. The judge refused to permit this and whether the writers for such programs frequented made him consult \\ith a lawyer on the spot. While our courtrooms m order to obtain material. this was undoubtedly to his advantage it certainly As Judge M chomped on her chewing gum, she puts a damper on the notion of choice. The acspewed out various sarcastic remarks, the purpo.-e cused attempted to interject at various points of which was presumably to degrade the accused throughout the judge's bilateral conversation with persons, and on occasion the counsel, while enterhis lawyer, she put her hand up toward his face rairung what could be termed the courtroom audiand said "don't speak" and "shhh" without even ence. She made it known firstly that she was indifturning in his direction. Ignoring the accused and ferent to the order in which the cases were to proaddressing the courtroom at large, Judge M asceed. The scene was one of disorganization as a serted that, "obviously we are dealing with an multitude of counsel and accused were scattered indtvidual of inferior intellectual ability" and other aimlessly in front and beside the Judge's bench. In statements to this effect, in response to which one instance an accused person was not present, counsel, clerks and audience alike roared in laughapparently this has been a repeated occurrence as ter while the accu~ed stood in his orange jail unievidenced by the judge's comment that, "This guy form at the mercy of this judge. Meanwhile, it is hke Baskin Robbins, a different flavour every should be noted that the clerks were no more week." Her comments were punctuated with refpresentable than the judge herself. Looking disinerences to her exasperation. The fact that it was a terested and inconvenienced, one clerk mumbled Friday afternoon was also highlighted. charges toward an accused that were entirely inWhat was most disturbing in the course of this audible. Perhaps it was thought that the accused courtroom episode were the remarks this judge of this court were so intellectually inferior that made toward one accused in particular. Apparthe charges would be incomprehensible to them ently this individual had been accused of throwanyway. ing a brick through a window of a private resiIn all fairness it should be acknowledged that dence and subsequently falhng asleep instde the this judge appeared lenient and equitable in her dwelling. This accused had insisted on not havEdltor-tn·Cill.t

ULTRA VIRES 1s the student newsp;1per of the Fa®lty of Law at the University Qf TQtonlo. Out goat is to provide a. forum in wttiOf\ students can exchanoe lbeitldtu. We hQpt to foster a ~of ~Hy wHIM the Faculty of U.w, ~ I.J~$rt)' as a whole, and tile greater TorQI'Ito ttea.

Our mission is to increase $tudtnt aWl!reMS$ of legal and SQCiallssu.. anct, U\ tum. to encOUtage 01,1t peel'$ to conlnbute to the many CQITllnt,lnitie$ of whicl\- are a pru1.

News (StUdent Affalra} C.lida!:e Clllrt Feature• Editor BeatriCe van Oljk Edltorlal Paga Eidltot

BU$1nesa Manager Se" Joffe Productlon & Oe1lgn Antonia Yea

Sa1mao Haq copy Editor

satn•r MUscati

Awr.Atllntt

On-line Editor

Legal lssuet Editor

Andreas Petenur

Dan Murdoch Diversion• Editor Noah G!tterman Editor-at-Large Lori Stein

• Names haw been altered 10 preserve rhe privacy and integnty of rhe subject of rhe srory.

Communteatiooa Centre

Melissa Kluger News (Unlveralty AffaUO.) Ttm Wilbur

sentencing. She took such proactive measures as sending an accused to a drug rehabilitation centre (much to the dismay of the Crown) rather than reincarcerating him, which she realistically acknowledged would only sustain his addiction. So, as a DLS worker, it may be advantageous to find a spot m her courtroom. However, the indignities, humiliation and sarcasm that one may be subjected to, if this episode was in any way representanve of Judge M's conduct, may make getting to this result somewhat traumatic.

T he most striking aspect of this experience for me was the way in which the power differential between court representatives and accused was utilized. It would be my feeling that such a differential ought not to be abused or taken as an opportunity to belittle others. The lack of protest against this conduct, which was simply accepted and in many cases apparently appreciated, was also appalling. In future class discussions, when questions are posed as to whether judges ought to be the ones making certain decisions or whether they should be readily accorded certain powers, I will be sure to take a more cautious approach.

AdvM!slng Manager Dan Mutdoch Pbotog111phy Mellssa Kluger

RYan Baker

Ultra Vir~ Is an editorially autonomous n8W$paper. Ultra Vi/'e$i5(196ntocontrlllu· tlont whiCh relkld diverse poinl!l oJ YieW,

and Its eonteflts dO not n~euanly reflect the vieWs o! the Faculty of t..aw, ln. Stu· dents' I.Jiw Society (SlS} or the editorial board. The editor$ wefeOtne corttl'ibutions hom students. lac:utty and other lntetested persons, btlt reserve the tight to edst sulr miS$k>os lor le~th and content.

Falcooat Hall 84 Quean's Park Crescent Toronto, Ontario M5S2CS ul!ra.YltesOutoronto.ca www.law.utoronto.ca/ul!rawes Advertllilng ltlqUtries shoUld be sent to

Oan Mllrdoeh at dan.mutdochOutoronlo.ca.

Ultnt VIres Ia publlslled monthly, end r& pnnted by Wellar PubliShing In Toronto.

Circulation 2.000.

The ooxt !Uue IS Febru8JY 13, 2001.

23 JANUARY 2001

The 2000 SCC Awards

Little Sisters: Patchwork Solutions to

BYDANMUROOCH

As we begin the second yc.'lr of the ]v1cl...achlin Court, Legal Issues would like to rake rhts op· porrumty torccogru.re the achievements r{ccrtllin membel'$ ofthe Supreme Court- a bench that has se~:n m;tnv departures and arriV'JI~ in the past wlule. The J~lnO\~ing awards <trl." en• tirclyapolaicnl,l>ascd l!XChNvel~· on a ~tatistt· c:tl approach to reading the reported jud~o~t'!Cn~ on t h.-: l..exwn 'M:b Site.

Tilt! Canada Au·ard This goc~ to the most agreeable jurist on the hench - and in 2000, it was Mr. Juwce Gonthier. He signed on to a mere five dtssents, second lowest on the Court, and dtd nut \\Tite a single one.

Honourable Meruion: Mr. ]uMice M<~j<>r. AIthough he w<ls lowest ()Jl the Court m ~lis.scnts. wtth four, the fbct that he wrOte a lone dissent in one case dropped him below Gonthier J. m agreeability.

The Cal Ripken Jr. Award

ThiJI nward, for good attendance, is hand~:d out to Mr. Jusrice Binnie. Not cmly was he present tor 67 of the 68 reported ca~es, he even shO\veJ up to hear the only mot1on with written re<~sons in the St!premc.: Court Rt·• ports. The m;lrt from McC-trthys, d e:trly, is u~cd to Bay Street hours.

Hon()urahle Menrioo: Mr. Justice Bastarache.

He al~was rr~ent fe>r 6? of the case~. That motion put Binnie J. over the top.

The Stephen Kfug AU--ard Forthc m~r prolific jurist, th1syeal'$ Stephen King winner is Mr. Justice Bastarache. He wrote more than anybody, wtth 13 jUdgmentS - five indis.,cnt.

HI)Ill)W'd'k Meruion: Mr. J'•~tice lacobuu:.i and ticd h 12 illdllment•~.

9

L EGAL I SSUES

Systemic Probletns

BY SARAH looSEMORE

L:JSt month, the Supreme Court 01 Omada released its judgment in the case of J...iule Sisters Book and Art Emporium v. Q 11uuia., the culmination ofal<1,'lll battle fought for more than a decade by a small, independcnt gay and lesbian bookstore again.~t Canada Customs for detaming and in some cases destro}ing hu!,>evdumcsofmaterialwhichwen: classified h)· customs officials as obscene. The dctamLxl work:; included the novels of Marguerite Duras and Jean Genet, as well as The Aduxate.

Little Sisters was asking the Court to ~trike down the legislation that gives Customs the power to detain materials on the basis of obscenity.

They argued that mandating customs officers to decide what constitutes ob..;cenity violates freedom of expression and equality rights.

Although the government was willing to agree that non-obscene materials had been detained by Customs in the past, it argued that this was the result of bad decisions by individual officers and not a fault of the legislation itself.

The Court's decision represents, in part, a moral victory for the bookstore. After agreeing with all the lower courts that the repeated detentions amounts to "sy~temic targeting~ ofgays and lc~bians, the Court unanimously made it clear that Customs should clean up its act.

However, a six-justice majority upheld virtu'\lly the entire piece oflegislarion that gives customs officers the power to detain obscene materials at the border. The Court has left ~\ vulnerahle

The issues of pornography and censorshtp are always divistve and controversial, both in society at large and within the gay and lesbtan and women's communities. These issues were brought to the Supreme Court in 1992's landmark Ruder case. Butler involved criminal charges for the sale of ob;cene heterosexual materials.

Under the CustOms Act, officials have the power to inspect and detain a variety of goods, ranging from produce to furniture to books and video:;.

Officials are specifically empowered to block the entry of any materials that meet the definition of obscenity employed in the criminal law context, which holds that "any publication, a dominant characteristic of which is the undue exploitation of sex ... shal\ be deemed to be obscene."

However, Bwler gave the government a powerful precedent on which to rely. Butler neatly dtvidcd pomo~:raphy into two categories: the good,l>r unharmful, and the bad, or hannfi1l.·nlC !,'lJV· ernment maintamcd that the Custom~ legblation merely allows Cu~toms to stop the S<Xtallydet• rimental kind of material from comm~ into the country.

This forced Lntle Sisters to argue that Bader wa~ "rong: it i' not po~siblc to cleanly and objectively dtvide pornography into the good and the bad; sexualit:)· is much more complex than thi:.; and sexual representations have many meanings. Not surprismgly, given the critical role of precedent in our lt:gal system, no member of the Court was prepared to reconsider the obscenity tests.

Little Ststers' other option was to argue that the materials in question were good, in the Butler sense, and therefore should nor be detained. However, the government countered that if the materials were in fact good, then they would not be sei:ed by a proper application of the Butler test, and therefore, there is no reason for the Court to interfere with the law as it stands.

At its root, the case raises difficult que~tions about the nature of sexuality and sexually explicit representations, and the role that the law ~hould play in regulating and censoring the!'C images. Arc they a ba~e form of harmful expression, as the government, bac'kedby Batl..."f, atg\IC<.i! Ot me thl!'/

Th1s definition wns \ n terp reted ;me\ u phc\.1 n~ c onsrirutional hy the Supreme Cou rt in Rur/,~.

an •m{'Ortam {mm o{ ~art\~t\c , \\tett\1)', {10\\t\C;a\

.....~~~~tlffi~t"iif;;(r,~~dfr~fiti,;m~~~~~~»>i -- community no wny roensun- rhar C usrorn• foii<JWs

through on tts obligation to stop targeting gay and lesbian materials without further costly litigation.

The one part of the legislation struck down by the a)urt is the reverse-onus clause, which placed responsibility on the importer to show that the material in question is not obscene. The government must now demonstrate obscenity. The practical effects of this change are unclear: Customs still has the power to sei;e materials at the border, and its decisions can only be impugned in open court after the exhaustion ofseverallevelsofBl-l'C3l.

Three dissennng Jurists recognize the systemic problems Little Sisters has with Customs and would have struck down the legislatton, leaving it to Parliament to enact procedural protections to prevent officers from using their detention power in an arbitrary or discriminatory manner.

The Court endorsed the communiry standard< nf tolerance test. This vague srand<Jrd h:.ts been labeled the "1-know-it-when-1-see-it approach".

Harmful material was further defined as that wh1ch "predisposes persons to act man antisocial manner," with antis<xial conduct bemg defined, in tum, as that "which society formally recognizes as mcompanble with its proper funct ionmg." Finally, the Court held that the internal necessities test must he applied to determine whether material that would otherwise be ob>cene could be saved by an artistic or hterary purpose.

Customs officers, who have no parucular expertise in this field. must apply thts conv1>luted and unclear test, behind closed doors, to all expressive materials that cross the Canadian lx)rdcr.

It is this power to which the bookstore objected.

Do we need the government w pn>tl'CC m from rhe danger pornograph)' suppo,ed/y j'rewnc,! Or should we be concerned about giving <:ustolW• official< whole~ale power to determine wh:u ex· pression we can and cannot access?

One thing is clear: in wielding their deten tion powers in the pa,t, custom< officers have discriminatorily hindered the dts<cmination of ~exuallr exphcit gay and lesbian macerials. The govern nwnt claims that it can be trusted to fix any uncon,ututional bchanour by Customs by gh1ng the officers additional naming. The Court took the government\ word for it. Little Sisters argument- that tcllmg Customs to cll."an up tt< act, whtle upholding a ~vstem \vith no publ1c acwuntabilit:)•, JUH tsn't good enough- though seemingly sound, is left dormant.

tion, having written in of the ten cases reported in 2000 over which he pre~ided .

The Don Quixote Award Thb is awarded to the dissenters, and this year, perennial favourite Mme. Justtce I.:Heureux Dube has been beaten by Mme. justice Arlx,ur. Arbour J., despite her late start being present for only 50 anJeals dtssemed more than any mher JlltiSt, with a total of9. She wrote four of them, three of which ,;he went 5olo on. I I a\ing faced down war cnminal~. Arbour J. is not intiml(latcd ~:-}· more e~tabhshed juri~ts on the Court H01utumble Mention· Mr. Ju~tke Ba~tarache, lc:tding the court b)• writing 5 dis~ent~, deserves mention here.

nnd cultur,1/ c.' pres,ion" :t- the book,wrc argued?

Satne Sex Couples get Hitched Without a Hitch?

BY B EATRICE VAN DIJK

'Iv.-o same-sex couples got married in Toronto at the MctropolitanCommunityChurchonJan.l4. The marriages are Canada's first involving same-sex couples wtrh both religious and legal sanction. Reverend Brent Hawkes gave the marriages religious sanction in a progressive pentecostal ceremony with lots of singing, plenty of references to God, and loud congreganonal cheers as the parties signed their licensees. The Ontario Marriage Act (,'lves the mamages legal sanction thanks to a little-used sect1on that permits a couple to obtain a marriage licence after "publication of the banns" before the couple's congregation. This requires that the marriage be announced three consecutive Sundays such that any complaints can be heard.

There will be a legal struggle before the provincial government registers the marriage. Bob Runctman, Minister of Consumer and Commerctal Relations, responsible for administering the Mamage Act, has publicly voiced his opposition.

An important aspect of the two couples' case is that marriage law is an area of divided jurisdiction between the provinces and the federal government. The federal government has jurisdiction over the essential validity of marriage, which includes such matters as whther married couples must be opposite sexes. The provincial government only has control over the formal validity of marriage. which includes licencing, registration, and publication of the banns. To avoid registering the marriage, Ontario Conservatives need to persuade courts that our country's discriminatory marriage laws can be upheld under the Charter.

A marriage sanctioned by the reading of wedding banns is only an option for members of religious congregations. If you are a gay or le.sbian atheist, too bad, you still can't get married. Bur in such cases, there is a good chance you aren't desperate for a traditional wedding anyway. The rolcmnity and sptrituality of a religious union were obviously important tO the couples. Before they shared their vows, there was a reading of Psalm 100, ex-

honing us to "Make a joyful noise unto the Lord, all the Emth!Worship the Lord \\lth gl adnes~."

There was a minor disruption at the Sunday senice at the beginning ofthe "Anointing tlx Healing." During this part of the service, emotionallooking churchgoers line up to be hugged by senior members of the congregation who whisper healing positive messages as they gently rub balm into the temples of the anointed. During this touchy-fecly episode, a very large woman charged the pulpit, shouting -!later learned- incoherent "Against God!" insults, and shoved Rev. Hawkes.

She was immediately escorted outside by police as the choir drowned her out with a sudden burst of song. (I was left with the impression that a very born-again member of the congregation had become over-exctted about the anomting ccremonv, and had possibly begun to speak in tongues. I am not ~u re what it sounds like when someone speaks in tongues, and was most disappointed to learn that I had failed to witness this phenomenon, but had instead seen a conservative Chnstian prote.st.)

Just before the church doors opened for the w~xl· dings, about five protesters wearing devil masb huddled 1>n the qrcet holding hand-pamtecl signs with ann-gay me:;., ages. A cheerful chubby pastor with buck teeth and clerical collar informed th~ waiting to witnc~s the historic marriage': "I have good news! The entire weight of the cstabhshment is being supported by five guys who haven't even got the nerve to show their faces!" :Xxm after, the doors opened. The church was full of television c:.tmeras. The ceremony \V~ls open tn thepubhc.

During the wedding, a woman with grea,~· h:llr and a dour expression began to sway back and forth in her pew. She shook her head, stood up a few times, and was escorted outside by cop~ and security guards before she had a chance to ex pres~ her disapproval. These were the only disruption~ of the day, and were barely perceptible. Otherwise, it was a day ofprayer, kis-;es and celebration.

God bless Canada.

'

~--------------~----~~----------~~------------------~-----~~-----~ · 23 JANUARY 2001

10

ULTRA VIRES

DI VE R S I ONS

Lackeys & the Law: new workshop introduced

Stanley v. Penny: The Factum of Love ILong-time friend~ Stanley (II) and Penny (Ill) have been involved in nwny of the i:isues and events row red by Dit•miom over the past serne~ter. Shocktngly, thea burgt!Oningrelationshipnow seems to be 111 tntter~. Penny has decided to leave both the law school :tnd Sc:1nley .. PQ~ibty forever.

Overcome hy his kllie, Stanley has inftiatt'd lt'gal proceeding~ appealing this de<;tslon. For the benefit ofour readers, we have excerpted portit)ns ofe;tch party's f.1crum in this appeal.)

traditional thinkers

need not apply.

The law is what many in the business of law would describe as a traditionbound profession. At Goodmans

LLP

we beg to differ. The business of law is a business tool designed to serve the interests of those in business not the busines~ oi \ht:: \aw. And that's

why Goodmans lawyers are anything but

traditional.

We've

been called

creative, iconoclastic, and entrepreneurial.

And we are. Are you? Por all the details and information on Goodmans Student Programs, contact Catherine Chang at 416.597.4190 or e-mail her at Cc H ANG@GOODM A NS LAW. COM

Stanley's Appeal

Penny's Response

Ca$e Hurory This Cll5e is an appeal of Penny's decision to drop om l1flaw 5ehoof, and return home.

Statem.:'lt of Faas I. Penny conceJeHhatshcispreny.

2. Pennr cannot connect wnh het peers anymore. All they want to do is revt'>e arguments.

3. Penny is llltlmidatcd by her professors. Career ~ldter~. they are ..elect variations on her recent enlistment. Sometimes she worricsthat they are arch~ngcls, incapable of fueling belplc~s and afraiJ, because they .,h;t~ found tletr

.Statement ofFacts I. Penn}·'s dep~rturc h:~s created a ,•oid at the law5ehoo!.

2. The many gtrls with whom Stanley flirts arc inad~"quate ro fill thiS void.

3. Penny\ morn is a bad influence.

4. Stanley loves Penny.

5. Ever since they dic\thcir laundry together, Stanley ha!! had an odd men's sock and an odd woman's sock.

6. \X'henever Stanley sees these two socks, that can never be patted, he weeps.

7. Stanley tS secure in hts masculinity. He weeps like a man, not a ~ts~r.

8. Stanley's roommate, who swears that Stanle\• ~hou!J "Stop betng a ~i~y. just phone Penny," i~ a Jerk.

9. Stanley misses Penny.

10. Although Stanley sttll thinks Penny's pa'· sion<-tc campaign for better protection of chtldren in Bangkok Is quaint non<.ense; he pmnuS~.-s to humour her. He ml!.se~ the way her f.1cc tlu~hcs when ~he me~ to communicate her 1dcah 11. Pcnnv used to U() th1s wtek~d dance when· <;v~r ahe beat Stan\c~y at Scrabble Her urns "'uuld fir up 1t1 the mr and hn h•rs '" •uld <w;n.

The Law I. The aprcllant ~ubmits that Penny erred in lclw, when ~he Jppltcd the (nvolous young wor.t,m stand.ud for her deci~ton 2. Stan 1c\''s dahan<:e$ wnh other girls do not gtvc rise w :m cvtdcnnar:y prc~umpuon of fear ofc<)mmttment 3 The evtdemiary pr~umption that becoming a lav.)'er means that vou crm nevcrmort' eJo.l'Cri. encc innocent joy, is rebuttable.

4. The dance mentioned m paragraph 10 is a sufficient rebuttal.

5. &, c.alli111{Sumlcy "a sweetie," Penny created a rc~sonable expectation of proced11111l fuimcs~.

At a rrunimum, the5e procedures ought to have included notice and reasons. Potentially, participatory rightS \hould ai:>o have been afforded.

Order Rcque.~trd 1. Order Penny tO "follow her heart." l.Aitcrmtivei',.;Smn!cywanrsh~o;Othersocklxtclc.

~word:;.

4. Penny has been so wrapped up in Ia~school that ~he hM not J)laycd her gu1tar tn months.

5. Penny wllS on her cell, talking to her Mom, and rifling through her doset. She f<lund her stuffud rabbit, Mr. Nibbles. Mr. Nibbles had been in the closet ever since that time when Stanley said, "Uh, hsten. I grew up on a fam1, but rfed kind offunny tOoling around \\ hile he \latches."

6. Penny started tocl)· ;nKI her 11\om said, "Oh. Pc!nnr. you have to come home llovcyou.l'm worned nhout ~ou."

7. I'< mw mt :oc how Sr mley would <"oo • lwr d·nner ur~<l w.•sh ht•r (!I shes w hcnc,·cr 5hc.: '"''~ ~qc cd out wtth woc:Jc. 8. Srunl< y • •ock

ls nm< ,, puJ

pet m 'rck Kid •

9. The l:l$t Unit.' Pt•nny thtl tlw Scrabble vrt.tPry d.mcc was over a week ngo. flte Ltm

t Fnvohty ts t:ntnalicnab!c iundarncmal nght of)'Oung women 2. Stnnk·y's dalianccs have nil heen wtth rloo· zks and therefore do gh-e nse to the prcsump· uon lhnt Stanley 1~ ntr.ud ofcommitment.

J. The Scrabble vtctory dance i~ nor evidenc(· o( potenual for JOY a~ tt is O\'crshaJo,\·cd by the buH~hit of a Wl't!k in law sch,lol.

4. Stanley's p:mlctp:ttory rights as a sweetie were not demcd, a~ he could ha,·e phoned Penny.

5. Stanley·~ roornmate is very ~brewJ.

Order Requc~ied I. Should a newt rral be granted, Stanley must promise a happy ending.

Students Use Law Follies to Complain REVIEW BY D AN M URDOCH

GOODMANS When You Need Us, You Know.

GOODMA:'>/S ll P • BARRISTERS & SOLICITORS

ToRmno • VA:>~COU VER

• Ho:-.~c

Ko:-:c •

www.GoODMANSLAw.co:-i

Law Follies reminds me of the character in Ac5ehylu~· The Persians, who cries "Woe, woe, woe upon woe!" Third-years heading into corpo· rare law complain about the University's corporatism. Second-years heading to New York for the summer complain about Americanization. Ocarly, relucront student:J; undergo the tormenta three years only to be forced into an undesirable profession.

The whining, at least, was often funny. Of the many Deans, Adrian DiGiovanni pulled off the most accurate representation of his blinking, smil· rng mug. Dialysis Island presented our health care system as a reality-based TV show. Jason Murphy's "Save a Law Student" included the plea: "Reach out and touch a law student in a legally permissr· b!e way today." And Faculry Jeopardy was a defi· nitc highlight, panicularly Sudit Ranade's coke·

11

DI VE R SIONS

IV'ed Professor Drassinower and Matt Sammon's Profest;Or R~aume The third-year skit, interspersed throughout the production, revolved around the Dean (played by himse!O imposing Mr. Blacker, a lackey (played

by Noah Klar), to ensure that the Follies was pre· sented with good taste and respect towards him.

The third-years (played largely by second years) were forced to protest this intrusion. All came to a happy end when the lackey got drunk.

The Follies is supposed to be about mockmg the admmistration and complaining about law.

At some point, you'd think it would also make fun of students. But it seemed we were above the fray - servants of the Dean, slaves to the firms, victims of poor health care, in debt, overworked...

The Dean is to be commended for taking it all as good fun; for, taken a~ a whole, it didn't seem to be presented as such.

Law Games 2001

Dear Agnes and Zeuh My boyfriend and I were planning on getting married but our genetic counsellor j u~t told us that my fiance has a rare genetic trait leading inevitably to baldness and a beer gut by age 32.

Should I call off the wedding!

- Srl{llcd, Unle Miss Geneucall)· Perfect

BY pAULINE ROSENBAlJM 1l1e Faculty is thrilled to announce the creation of a new speaker series. The L1ckeys and the L1w Workshop Series (LLW) will feature excit· ing leaders in the field of lackey jobs in legal faculties. The series was the brainchild of }en Khurana, herself a leading lackey from the Uni· vcrsity of Toronto, who is now on sabbatical in Amsterd:~m researching international and com· parativc viewpoints on lackey jobs.

What all speakers have in common is their undying and selfless commitment to performing menial tasks around the Faculty. Most of our guests will have begun thetr career with mail distribution or library shelvmg duties; many have moved on to higher pursuits such as phoning alumni, stocking the Bookstore, unpacking boxes m the sewage-ftlled library basement, and taking photographs of guest lectures at the Faculty.

"It struck me as I was stuffing envelopes for the Alumni and Development Office that there must be commonalities between lackey jobs here and abroad," explamed Khurana. "I was keen to explore this new and important area oflegal schol· arship."

Karla O'Regan elaborated: "Since I began my lackey career at this Faculty three years ago, there has been an explosion in the range ofdegrading !ow-paying tasks available for students."

Indeed, the University ofToronto is attracting lackeys of exceedingly high calibre: Rachael Johnstone joined the Faculty in September from Scotland, and was quickly involved in mail sortmg and delivery as part of her LLM program.

Johnstone will participate in the lecture entitled "What the World Learns from Toronto's Lack... y !'lo.

The path toward lackey status is nor without its challenges. Cory Exner will give a talk entitled "Balancing Multiple Lackey Commitments," shanng hiS strategy for pursuing lackey goals at the Circulation Desk, effective use ofbull-horns at On-Campus Interviews, filing, and rearranging boxes. "It's never easy," sighed Exner, "but it's what we do because we love doing it."

The high point of this ground breaking lecture series will be a hands-on, interactive workshop entitled "Moving Chairs: Challenges from the Rowell Room to Faculty Lounge." Chaired by eminent furmture-relocation expert, Chns Montigny, tlus active session will also feature a comparattve repon from newcomer to the Faculty, Greg Barclay. Both of these esteemed strategiStS will elucidate on their transporting theories: this should prove quite controversial as three-year veteran Montigny reaccs to innovative techniques by the up-and-coming Barclay. Lucky workshop attendees will be able co contribute to the scholar· ship in this area by participating in an actual chair move, converuendy scheduled co coincide with the next Faculty Meeting.

Copies of the workshop's description are available from the Communications Office in Fa!· coner Room 108.

'Elitist drunken orgy'! Or a wonderful opportuniry to learn from future colleagues from across the coontry?

Either way, the participants in this year's law games (or simply, 'the games') enjoyed tei.lring up the wlleyball court and revelling in their dorluness.

The Associates - Canadian Television " about Canadian Lawyers , sY LAtJJUE Jasso~ The flr$t time I saw'lhAssodates beingadvertised.lhappened robe watching television with a non-law student. After witnessing a promo arted v.ith young lawyers capering around a nlghtelub, tossinghack drinks and dancing up a storm, mv 6illndsoorted and commented, '1\~ jflawyltr$ spend all their time in bar$1 'l'hese

nee

~leba~ work ro do." I hear SCl little in the way ofposltivefee4bad regarding the legal profeb,ion that 1 remained ~lent, even though I know that I, ptt1onally, ~tuall-y do 'pend M\ awful lot ofmy ftee time in bat$.1 was ~uddenly inm gued f>y tf'e ~t addition to the exlmng

plethofa oflcgaf$tn1as; Howeve~; df!Spite thi$ uncanny tla$h ofinsfght into the world ofthe irresponsible law student, on the whole the charaeters and plotlines of "The Msodntes" did not :ring true. The cast: is made up ot'tlve relatively alllllCti'ie act~ Three of the ehata<:ters ate Canadian, one \$Texan and the orher is 1\rltish. All of the assodatC$ went to Arnencan law schools, except for the grumpyU ofT graduate al'ld the Brit. This was my first problem with this show, as most large CanMian fums bite almost exclusively from

Canadian law schools, 'I'Mruosdaughablemoment came when the uptight and supposedly btiUiant new amcl.awrevealed thar he lwd attended Duke and Y11le and then clerked at the U.S.SupremcCourtbefQre.tumingdownaNew York offer to come to Toronto. Right.

Note tO wnte~ 1U\d produeers: the term "brmn drain" is IMilttOmruonly 1.lsed torefet to uouth· ern migration par:tem, not to the swnnint! ntJmber of Amerfcans vying to make Patry Sound or Saskatchewan the!r new home~.

At this point, the t:haracters can be summed up in very brlef phrnses: sweet blond, bitchy brunette (the Betty and Veronica casting for•

mul<t},alc(lholid3rlt. 6v«iealous DLSer and a Vukao. So far the dominant themes have been lust and wmpetition but it would seem

that, in order for the series to survive, at least a modicum of camaraderie will have to de· velop within this group. law tlrm.s don't Tt'· ally eat thelryoung.

Presumably 10 the MpC$ of ptov1ng how edgy and hankore they ate, the wmers 1n· eluded profanity1 sutcldearuhevered \lmbs m the first episode. Entertaining al> thls may be, it's hard to believe it even faintly tesemb\es the wor'llp\t~c:e we ate on the ~fKe of tnttrlng. And tbat'Hea\ly w\'ly \ W\\tche-\ tbe "\)..)w rntf1~ flc$t pL..ce ~for rlW: iXJtcnfi<~l \'r:))'eurls·

tic toerletlts or momenrsofself..ldentiiiC:Iltion.

The only !'<ln that $truck me as being accurate was the self~impo~t "~of the bc.st" speech g~ven by the senior partner at the very beginning o(the episode. Furthennote, there wasn't a boozy make-out scene to be found. I feel like l've been completdydecetved by the prolllO$.

In >ummary, 1ca.nget better soapy Jaw trash elsewhere. I don't need the hokey Canadian ver.;ion to clutter my viewing habits. But don't talte my word for it. Here are some briefcomments ftom out fellow U ofT $1.udents: Artdrew (llfl - "No one at my flrm dresses that well. And where dtd the$e people do thetr articles, anyway? You don't graduate and then immediately become a,n aS50Ciate.'"

Gill (ll) - " Fantastic! Tw<J thumbs up! l'll watch it tv<ltywtek."

Matt (ll) - "lt was so terrtbte. I don't even want to talk about lt."

Rebecca (11) - " l thought it was very poorly written. And I don't really think everyone is that mean to first-year associates."

Ben (I) -"I didn't e\'en bother to watch."

Ultra Vires introduces "My Professor's Favourite ••• "

BY Loru STEIN Hoping to get to know the "personal" side of our esteemed law professors, Ultra Vires is introduc· ing a new feature entitled, "My Professor's Fa· vourite .... " This month, we asked faculty members for their favourite movie (in theatre or on video) they saw over the holidays. Apparently, most of our profs didn't see any movies over the break, but here are the responses we did receive:

Dear Agnes and Zelda

David Duff dug Crouching Trgcr; Hidden Dragon for its, "wonderful story, beautiful sets, excellent acting, and the most amazing fight scenes." His one criticism was that there was no tax collector in the film.

Arnie Weinrib gave two thumbs up to State & Main. He applauded its "great writing and acting," and felt the "lame ending" was redeemed by the alluring shot of Sarah Jessica Parker's... back.

Dean Daniels honoured the Family Man as his favourite holiday film, beating out The Gnnch who Stole Christmas and The Emperor's New Groove by a

wtde margin. "Needless to say," the Dean confessed, "we were without baby-sitting over the break."

Jim PhiUips, who spent his vacation in Eng· land, caught Monty Python's The Meaning of Life on the telly. He enjoyed the classic film, which reminded him of the law school.

Jonathan Putnam enjoyed The Sound of Mu· SIC. He watches it every holiday season for senti· mental reasons.

Finally, Jutta Brunn~e found Traffic to be both compelling and disturbing.

Sury tuned for next month's professor SUrve:Y!

Dear Little MISs, Time for a reality check. You seem to lack the genetic trait for modesty. Unless there's a way to clone you in all your perfection while turning you into male, your current standards will remain unsatisfied! Furthermore, had you attended lecture #3 of Bridge Week you would know that there is no such thing as a genom1c ideal. Unless you're prepared to accept the genetically "flawed" you may find yourself destined for spinsterhood.

Dear Agnes and Zelaa, I met the love of my life at Law Games. She's beautiful, smart and can drink like a fish. On our last night together I was about to declare my undying devotion when I threw up on her shoes. She ran away and I never even got her name. How can f find her?

- S1gned, Queasy in Cabbagecown

Dear Queasy, Reality check: she's moved on and your technicolour yawn is the butt of many a joke at her school. just count yourselfluclcy ifshe doesn't file suit for a new pair of nikes. Next time lay off the liquor or at least improve your aim.

Dear Agnes and Zelaa, \'m ~upset. \ colour-coded my summaries and indexed my tab\e of contents for the -practice exal'l'l$ \:rut \'m still. smack \n the mi.dd\e of the~ curve. Would ir help zfl scan videotaping clas.<e~!

- Signed, B is for Bummed-out DcarB, Speaking of bums, you seem to have a pickle stuck up yours. Meanwhile, you've got bigger problems to worry about than grades. While you were cozying up wtth your Contracts Casebook, your girlfriend was cozying up with a certain handsome junior associate and has entered into intense negotiations. While she's busy developmg expectation interests, her consideration for you IS waning. Maybe B isn't for Bummed-out, but for Break-up City, population: you.

Dei.lr Agnes and Zelda, While my co-worker keeps getting picked up by investment bankers, I feel as if my longdistance love and I will never be reumted. Do I have to listen to her brag about her stories of seduction?- Signed, Love-1om Dei.lr Love-lorn, Zelda, I know it's you. Don't you thmk I recognize your handwriting by now? Reahty check: your love will conquer all ... and m the meantime be happy that your friend (i.e. me) is gettmg the adrnirarion and attention she so richly deserves. P.S. I was not bragging.

Dear Agnes and Zelda.

I can't beheve my nomination to be Dean of the Law School fell through. Daniels wms again! What do you think stood in my way?

-Signed, A.G.

Dear Mr. Gore, Could it be the fact that you have no legal education and never volunteered at D.LS.!

Besides, what made you think you could compete with the genius behind the Dean's Donut Madness? And don't try blaming it on pregnant chads again. Time for a reality check. Quit vying for positions of power and learn the positions that will unleash the power within. Yoga is the true path to enlightenment, AI, and Hart House offers classes on Mondays and Wednesdays. Bring your own mat.

12

DIVERSIONS

ULTRA VIRES

Ultra News: Not-So--Real News From Around the law School Chickadees join fray as squirrel appointed co . . Dean

Suggestion box blamed as January declared no . . procrastination month

BY]ACOB GLICK

BY NOAH GnlER\iAN

BY NOAH GIITERMAN Addu~g

to the tension around campu~. a flock of crazed chickadees ha< lxgun a campa1gn of terror and inumidarion against U ofT Jaw students.

The front of Fla\'clle House has been turned into a \'lrtual battle ground. Everywhere chickadees dJ\'l' mdl'cnmmarelr m students' hl•ads, pigeons continue ro get m people\ way, and squirrels hiss aggressivcl)'· Adam (II) recently found himself on the front line_-; oirhis daJ!y battle between animal and student. Chatting innocently warh a friend under on.: of the Flnvelle House pillars, he was suddenly set upon by two meet·k•oking yet bmtally ferocious small birds.

"Thq beaked my scalp," he said, clear!}· un· nerved by rhe experience.

The chickadees· tiny, usually docile creatures loved by clu!dren around rhe world - have shoded experts wnh their rurhles-', inhuman behaviour.

An urban waldli(e lxhadoural psychologist, tlown m to a~•e'< the 'rruarion, was almost speechless with horror.

"The.;c mercJiess. olbe1t cure, f:.irds are bent on our destruction," 'he said. "I fear for our future, and for our children's future."

The Administration has been oddly 5ilent about the increasing bloodshed at the front of the school, espccia\\y since the recent appmmment of a futt)', gtcy squirrd as co-Dean. Many have c:.ommente<.l thnt t\m move c\ear\y ccmpto· ffi\W-f>

the !o<.noo\'!. 'nCUUa\ ~\t\on, 'at\\\ na~ \'Ut

the safety of students in jeopardy. The adminis-

z

New evaluation methods announced

After declarmg a quiet month, a cell rhone-free zone, ond thtm a scent-free :one, a somewhat d1recuve·crazy hbrary staff has no\\' mandated tharj:muary be procrastination- free.

"Any students found procrastinating will 1m· mediately be asked to lea\'c," read a terse statement sent out by the library. "They will not be allowed to return unul they are more motivated."

Although not clearly defined, procrastination seems ro cover sleeping at carrels. tables, or in upholstered chaar~. It may aho include day~ dreaming when the student l:t noc.acnaally asleep.

St:mng blankly at the wall, howe\·er, or wan· dering aimlcsslr through the stacks, might not wnrrant expulsion from library proper(); A~kcd whr the policy was insrittated, thereclusive chieflihrarian responded that it is in the hcst interest!; of the school and the students.

"We cannot tolerate laziness," she said. "This

trarion, however, f:.clieves that the dec1sion will ulumatelr help ~tudents. "\X'e are not only the first ~hool, internationally, to appoint a squirrel ro a position of such importance, bur we are the first to even entertain 'uch an tdea," a press release stated. "This clearly put~ us at the forefront of something."

Students have also voiced concerns about the actions and motivation.• of Professor Langille, who c.:<mnn\>es to occupy~' ~pac\ous office with an aerial

view of the daily upheaval, and who has of yet

policy says to the world that we have an ambitious, motivar"d scudcm body, thar is also goaloriented nnd focused on achievement."

Confronted wtth evidence that a substantial number ofstudents at the law school are in fact shifd('SS, totally npat he tic, and do not even !mow why they are here, the chief hbrarian merely commented: ~such students can contmuc to whine, complmn, and entertain delusional fantasies ~uch as one day becoming a writer either in the cafetena or in the lower rotunda."

Many h:1ve exprc,sed concern that the mle i5 a result of the incrensing influence of the new suggestion box. The popularity of the box has expanded dramatically since it was created last ~mcster, and there seems to be almost no constraint on iu reach or jurisdiction. Stanley (II) is worried thnt the libntry might be taking suggestions too far. "we nrc living under a tyranny ofsuggestions," he exclaimed. "The box must go."

done nothing to protect vulnerable students. Unconfirmed reports have seen him standing at his wmdow \\ith a phone to his ear, possibly directing some of the animal movements from his unique vantage pomt.

Students continue to entertain serious risks by even attempting to enter the school, and SLS has taken the drastic step of urgmg people to stay at home. If students fcc:\ they must attend class, they :>rc being cncour<lgcd to make uo;e of the back

entrance to Aavcllc.

Bowing to criticism over current evaluation methods, the administration announced Monday that beginning in April the Fnculty will assess grades in a more studenr-frienJiy manner. Borrowing from the process followed by the Dean's reappoint committee, students will be ~>Taded by two of their friends and another friend's dad.

Reactionary faculty muckraker Hud!'On]anisch decried the new sy~tcm as roo lenient, "How can we expect people who don't know anything about C·madian legal education to a,.;c,_, students' \\'Ork?" "Pish-p!bh," ~1nU..'CI Dean Ron D, "I'm sure that these dudes can <1~ ess their buddy's work impartially. 1-lumancnpital my friend. Human capital."

Stay ahead of the curve BY jACOB GLICK

Disappointed with your first term marks! Buy your way ro the top.

It is a long recognized University of Toronto tradition that you can buy good grades. The following is a list of what it costs to ~et an "A" in various professors' classes.

-David Schniedennan- a lifetime supply of black and gray clothing -Arnie Wienrib - an original printing of INS v.

AP, signed by the trial Judge • Brenda Cossman • qualaty fetish porn • Abraham Dra"inowcr · a carton of smokes · Dean Ron D • for <l maJor cash donation to the Faculty you can be guarnnt....,d strlltl!ht A's

ZSA, Canada's legal recruitment firm, is proud of its involvement in assisting University of Toronto Law School students by way of the ZSA Award for Innovation Law.

Continui ng in th is same vein, ZSA has established a number of part-time, legally related jobs to provide law students with extra spending m oney w hile at t he same time learning more about the industry f iel d in w hich they are about to enter. To work around stud ent ·schedules, t hese jobs w ill be "flextime", performance-based, as opposed to time-d riven in nature and ca pable of being done at a home com puter terminal. For more information on these opportunities, please contact Michelle Dalos, Office Administrator at ZSA Legal Recruitment at (416) 368-2051.