Ultra Vires Vol 2 Issue 5: 2001 February

THe STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACl'LTY OF

VOLUME

2,

I_SSUE

5 •

FEBRU

ARY

13 , 2001

•

www.law.utoronto.ca/ultravires

First--Year Class Warned that Honesty is the Only Policy Firms rely on non..verifiable grades for recruiting

BY MEUSSA KLUGER

eleven, compared with five last year- creates more interest among the students and Associate Dean Mayo Moran has sent an leads to "more opportunity for rumours and alarming e·mnil to first-year students warn- parnoia." She adds that no one has come foring that falsification ofgrades on recent job ward with an}' specific accusations. applications could have scriou~ repercussions, Another potential source for the rumour including non-admis~ion to the Bar. Specula- may have come from Professor Denise tion that students arc fudging their unofficial Reaume's small group class. Reaume, in exmid-rern1 marks appears to have been spurred pressing her frustration over firms' reliance by increased hiring by Bay Street firms and a on December marks suggested to her class professor that encouraged students to defeat that if they entered a pact in which every the system by submitting straight-A grades. student submited a straight-A grade report In December, first-year students wrote prac- the firms would not be able ro rely on their tice exams and received feedback and a letter marks. Reaume believes that the requirement grade in each course. While the law school that first years submit their partial grades inmaintain~ that these marks are for pedagogical terferes with the learning process and that if purpo~c:. only, law firms require that students the administration \\ill not address the issue, submit rhc:.c mid-tenn marks with thetr appli- the students can send a message to Bay Street cations. Since the law school \\ill not verify the through a common front. marb ~uhmittcd, the firms trust that students "We shouldn't have to play this cat and will be honest when they suhmit their grades. mouse game," Reaume explained. "We must Moran's e-mail states that despite the school's have the courage of our convictions to say to non-verific:uion po)iL'y, ~tudcnts have an ob- B:ty Srrcct .. . that they don't need to know a\\ hgntlon to abtde hy the university's Code of

~he dctat\ll of

&~\ldent'a p~o

cu..,-they arc

nchnv10ur on AcaJenuc Matters, whtch onlyenridcd to the end result." states, among other things, that it is an ofFirst-year students share Reaume's frustrafence to forge or falsify any academic record tion. "Since September, everyone has gone or to engage in misrepresentation to obtain out of their way to 53}' that the exams don't academic advantage. count. We were lulled into a false sense of Moran's e-mail also informed students that security only to come back in January rodiswhen applying for admission ro the Ontario cover that the exams do count to see who Bar, the L1w Society Act of Ontario requires gets jobs," said first-year student Parminder that students fill out a questionnaire to deter- Brar. Her classmate Rob DeRoche5 is also critimine whether they arc of"good character." cal of the current system, and pointed out According to Moran, one question asks that "we aren't writing exams for the firms." "whether the applicant has ever been penalThe decision to change the current system ized for academic fraud at a post-secondary rests with Faculty Council. The council will institute" and that an affirmative answer continue explonng alternatives to the current could lead to serious repercussions as extreme first-year evaluation procedure. There has as non-admtssion to the Bar. Oeen an overwhelming reJection of the proBonnie Goldberg, Assistant Dean of Career posal to make December exams official grades Services, says the greater number of firms- with verifiable transcripts. According to Goldberg, "no one wants to go to a statement grades. A hallmark ofthis institution is pracof INSIDE tice tests."

• Bomb Threat in Falconer, p2 Goldberg says one alternative would be for • Insight: Schmoozing 101, p4 professors to provide only comments on firstyear tests. Another would be to withhold • Feature: Raising Kids, p6, 7 marks until after the completion of the re• Celebrate Black History, p8 cruiting process. Professor R~ume suggested • Limiting Free Speech, p9 that the Law Soctety establish a policy pro• Profs' Fav Lunch Spots, p10 hibiting firms from asking for unofficial grades.

• Valentine's Advice, p11 Please see "Law firms," page 4

Sufm.-rn.• O>urt Justice Frallk Iacobucci shares ~ with hzs studeur.s. }U5t1CC Iacbocci t-isited the k1w $di()Q[ to t.:a..·h a two-week cou~•· on the Supm11e Court and the Chartc."'r tJ.i:h Professor David Bcdlly.

Bridge Week Raises Controvery Residential schools no longer main focus

BY COLIN GREY

Last-minute changes to the third and final Bridge Week has many first-year students worried that the bridge will deal shallowly with some of the greatest tragedies of the past several hundred years, such as the Holocaust and U.S. slavety.

The Faculty of Law administration announced in late January that the "Residential Schools" bridge would undergo a name change, redubbed "Redressing Systemic Injustice." Instead ofonly examining issues surrounding litigation over the abuse of aboriginals in residential schools, the week-long academic program would explore how lawsuits are used to seek reparations for a number of different massive human rights violations.

But some students believe that, despite the

weight of the 350-page reader they'll be toting to Bennett Lecture Hall this week, fiN years will only get a superficial exposure to an array of troubling and complex issues. They prefer the bridge not go ahead at all. "I JU~t wish it would go away," said Joseph Bcrkovtts, a first-year student and the 500 of a Holocaust survivor.

Berkovits said he doesn't see how the law school could have pulled together a good treatmenton Holocaust reparations in the time between the announced change and this week's bridge. Further, he objected to seeing the Holocaust used merely to make legal arguments. "I don't want it to be just used as a lesson for something else. If you open up the topic, don't do it unless it's for a good reason.

.

Please see "Bridge expanded," page 2

ULTRA VIRES

NEWS

4 INSIGHT

Schmoozing 101: Recruitment from a First--Year Perspective obvious, please give me a job)? Do you do a quick read of the Web site and try to talk intelligently about the latest big The whole reason I came to law school deals? Do you ask them what area they wns to get a job. Not a novel1dea but work in, feign a common interest and definitely the drh'ing force behind my hope they don't ask you a direct ques· current summer jobsc<1rch.l have kept tion? Or do )OU ~trlY safely ·within the m\' stghts rcah~tic- Bay Street firm, pack, keep classmate~ at your side and parmer by 35- tht~ is U ofT after all, and I du.l rend the shmy brochures. But :.m1lc and nod ifapproached. In short, my previous l-ducarion m schmoozing \.\m who would have thought rhat such a severely lacking. [n the end, I i;>pt<..J for sunple rhmg would be ~o complex. No the vaguenes~ option ("corporate law more fumt awer !etten.- "1am very sound!> fascmating"), stayed by the bar (it lntcrestt.-d in working for insert name ~~after all n high traffic area), and made here" and my old re~um~ detailing my sure I hall a good wing man (some )·cars ofbabysitting experience conversations are not meant to last long). (''childcare admtnistratot") suddenly At this pomt, as tfl don't already have seemed inadequate. So what's a fim enough pressure and enough torts to vear to do? My first srop was career catch up on, the time has come to fuce ;emces. The~· seemed friendly l.'nough at orientation and offered co sit the big dilemma: madGsubmission.

The law school's official poUcy is not to Jmm with you tO reVIeW your resume release our mid-term marks but rhe and covcrletter-afi in all, a good finns n_.que.)t "unoffloal" reports ofour deal. After meeting with them, l must grades. So the que.)cion becomes say that I w~t$ extremely impressedwhcrhcr to he (assuming that everyone they were helpful, friendly and else is or ~imply not to rule out your corutructive. Although my r~<m1e was chances at the start because you never torn to shreds and my cover letter was really undeMood the neighbour barely visible beneath the red marks, 1 principle) or not to lie (after all, these had a muc:h better idea of what t<l were practice exams and it was aU change, whatmychanc:esareinget~ Bv }t:.'NN Bor-.:r-;EVILLE

an i.ntetv\ew (..,\i.m to none) and how not ro end up in tht><llltomattc Otlt pile.

The nexr ch:t/lcngcs io my qucsc for

mc:mingful (and moncrary) summer cmploymcm me the open houses hosted by the firms. This year, three fim1s, Oa•iC5 Ward Phillip5 & Vincbcrg, McCarthy Terraulr and Torys, all hosted informal get-together.'> at thdroff1ces for thenrst·year students withm the span ofone wel!k (so much for torrs readmg). Meet ami greet -I c.an do that, after aU I am a law $tudent, and I have met and greeted people in the past. But nowhere in my four years of universitY did I learn the intricacies of schmoozing. At no point in my undergraduate degree did anyone ever pull me aside and explain how to hold a drink, a11apkin full ofhor:; trocuvres, c:my on a con•·crsarion and Hill have a hand free m case ofa handshake. Dl) you order wmc to show sophiStiCation?

A beer to ~how you arc down to earth and hard working/ Or a Coke to show that you real!}• are planning to go to the hbrarv afterward and decipher nows ac cus incert•eniens ~ And what about conversation? What exactly do you ~ay to the lawyer$ (other than the

In the Alternative

Dean Hosts Town Hall

BY TIM WILBUR

At a law school t0\.\11 hall meeting on Jan. 31, Dean Ron Daniels fielded questions from students rangmg from concerns about diversity within the student body to the possibility of a day care at the law school. Despite poor at· tendancc, the dean updated students about his new five-year plan and rising tuition fees.

"My objective on the tuition side is to have a multi·ycar plan, but it has become generally $2,000-a-ycar increases."

For some students, however, the announcement about tuition fees highlighted problems with the dean's lack of student consultation.

"He says that he wants to consult students about decision making," stated Rachel Furey, a second-year student, "but he has already decided that he is going to ratse tuition fees."

In addition to town hall meetings, Daniels has also mitiated a series of focus group discussions to get student input on changes to the law school. "You may not like everything we do" Daniels told students at the town hall, "but I hope you arc getting a sense that we are hstening." The dean says the initiatives, are "related to the academic plan to submit to the universitY at the end of the year."

The first focus group discussion on student life at the Faculry took place on Feb. 2 to mixed reactions. "That was one of the ~est meetings I have been at in my three years at law school," said Edan Howell, a student representative on Faculty Council.

"I am not sure 1fit is for appearance or if it IS to actually get input," Katherine Hensel stared. "The dean was concemed with peo· pie that were unhappy ar the law school, but there were none of them there."

The dean 1S working in collaboration with the student caucus ofF acuity Council to or· ganize the focus groups. "I have left 1t to the students to come up with ideas. I will have input in who will be involved," Daniels ex· plained. Trish McMahon, a student representative on Faculty Council, explained that their goal is to get a diverse group of student rogethcr, but the selection process has not been "overly sy~tematic."

"The whole idea of a focus group is unusual, I think." McMahon says. "I hope that if there arc concerns, that they arc brought to the attennon of the administration."

The student consultation process comes after the recenlty released Report of the External Review Committee of the Faculty of Law. The main criticism of the committe was the physical facilities. At the town hall, Daniels reported, "we are sending out tenders on the changes to the Rowell room, and it will be a wonderful reading area ... Our principal goal [with regards to the facilities] will be get the alumni to help us build a new building."

Daniels 1s confident that the next five years will be as successful as the past five. "We have accomplished most of what we set out to do. The goal now is to stand out as a great Canadian inst1tunon that stands along with the great institutions abroad."

5

NEWS

U of T law school graduate Neil Seeman makes journalism his career Introducing "In the Alternative"

Neil Seeman Ned graduated from U ofT Law in 1995.

Since then he has held a wide variery of posinons in the fields of journalism and health policy. He was recently hired as the Canadian Editor ofNanonal Review and National Review on-line - a bi-weekly conservative political magazine. Prior to this appointment, he was a member of the editorial board of the National Post. In 1998, Neil earned a Masters in Public Health at Harvard UniversitY and has used this expertise as a consultant to the Southam newspaper chain and as the Direcror of Health Policy for the Free Trade Medical Nework (a Nasdaq·hsted company offering Canadians better access to medical technologies).

Ne1l has been a regular panelist on CBC debates shows and is the author of more than 600 editorials, columns, features, book reviews and book chapters. Neil is currently writing his own book on medical depression and popular culture, and is also completing a book with

It is a little-known fact that many U ofT law "increases according to year ofgraduagraduates go on to pursue careers that fall tion." outs1de of the traditional scope. Although Where do the~c grads find employthe highest number ofgrads still find jobs in ment? What do these jobs entail? How corporate and commercial law or litigation, does one go about finding them? This according to a 1999 report of the Faculty's month, Ultra Vires is launching a colCareer Development Office, which can· umn which will feature profiles ofU of vassed grads from 1992 to 1996, 18 per cent T grads who have chosen alternative of respondents "are employed in full-time career tracks. UV hopes that these pronon-legal positions," and an even larger . files will help to raise awareness about number are working in areas oflaw outside alternative careers, and prov1de some of the corporate world. According to Assist· insight into the road less travelled. ant Dean of Career Services Bonnie Please send ideas for this column to Goldberg, who wrote the report, the percent· UV News Editor Candace Chan at age of grads employed in non-legal sectors candace.chan@utoronto.ca.

David Gratzer and Margaret Wente on the ills of the Canadian health care system.

While at law school, Neil participated in a diverse range of activities that reflected his in· terests- writing for the Lawyer's Weekly, Canadian Lawyer, The Globe and Mail and The Toronto Star- while remaining involved in Downtown Legal Services, mooting, and foundmg the Law and Medicine Society.

Q: How did you find your current job?

A: "It grew out of my earlier work as a contributor; they expanded, were \ooki.ng for a new

hire, and had known from informal discussions that I was interested in joining their operation. Also a matter ofserendipity and good fortune."

Q: What is a typical day at work?

A: "I've just begun, so I really cannot say.

Much like my old job, the day carries a frenetic pace - replete with meetings, busy periods editing copy, unexpected crises, dealing with lawyers, . ..columnists and contributors, irate photographers and co-workers. Two to three times a week we meet with politicians and \obby\sts trying to bend

our ears on the issue of the day."

Q: What are the best and worst things about your job?

A: Best: "Contributing to the public discourse that used to be a major component of the Fourth Estate, i.e. journalism, but which is fast degenerating into tabloidism and infotainment."

Worst: "Realizing that you are not often writ· ing or editing Wittgenstein."

Q: What is the job market like in your field?

A: "It is exceptionally competitive, filled with people of mtddling talent with huge egos; nepotism and flirtation often rule the day, especially at newspapers. All that said, there is always room for smart, educated, talented people with a niche, like law."

Q: 'When did you decide that you wanted to take a different path (from traditional legal work)?

A: "During my articling year. I found the 'culture of law' and the people who tend to practice it off-putting. I also found it intellectually-suffocating. I very much enjoyed law school, however."

If you would like to learn more about a career in journalism you can contact Neil at neilseeman@aol.com. Neil has "all son:s ofcontacts at all the Canadian new!>papcrs and would love to help.n Student:; can aho \earn more about alternative careers b'l' contact\ng the \aw school's Cnreet Devdo?m ent 0\fu:.e.

about th e \earn\ng proc~ ·right?) .If

my gradt's nrc not a reflt'ction of who I am as a person (as we are told) chen honesty ts wit hour a doubt the best policy. But in the back of my mind is the nagging suspicion ofwhat happens ifother studcnrs arc not so honour bounll, and the rradirional B curve is rransformed into an A curve. So what is the rational response to ~uch a dilemma? Easy, produce two ve~ions of your grade report - one wnh the real deal and one that is a slightly more "optimistic" version. Place them in front of you, stand before a mirror and ask yourself which one you want to be your reOec(ion (without justifying lying · based upon a need to practice your future C'lrecr). lf you are like me, optimism then goes out the window and reality ~·oes into the envelope.

So in the end, I rnnted my resume on fancy paper, stuffed it in an envelope and sent it nway to the fim1s. \XI'ith a smile, I hand ddiven:d all nme copies and now all that is left to do 1S hope and wait. On call day, I wtU sit by my phone and will it to ring, and ifaU else tails, maybe I really will have the time to fully understand torts by the end of the summer.

Law firms rely on December test results Continued from page 1

The idea of keeping first-year tests results from the firms may not be popular among recruiters.

Mary Jackson, Director of Legal Personnel at Bl:lkc~ C'!SSC!s & Graydon LLP, recognizes that rcl)ing on these tc.'ts is not perfect but says there is "no way ofdi~tinguishing between 180 U of T student~ without looking at marks." She

13 t ·t:BkUARY 200 I

explains that all the marks from the students' undergraduate transcript:; are so high "that there is no way to choose between them." Her conclusion is that if first years do not submit marks, the only students they could consider would be tha&e students in a joint LLB./MBA program who have already completed a full year oflaw school and have official grades.

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6

SPECIAL

:F EATURE CHILDREN

RAISING

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BALANCING

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LAW

AcT: SCHOOL

SPECIAL RAISING

FEATURE CHILDREN

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LA\V

A Good Daycare is Hard to Find

Introducing Law School Parents

Parents across Canada face the challenge of finding high quality, affordable child care

How your classmates manage a law degree and a family

AcT: ScHOOL

BY STEPHANIE WAKEFIELD

A Day in the Life of a Parent...

Mamma Bear

Papa Bear

BY ADRIANA A\-fETR.A.."-:0

BY CoRY EXl'.'ER

BY BEATRICE VAN ThJK

Don't drL':lm of dancmg babies until you g-et on a ·waiung list at one ofthe Univen;iry ofToron-

to's chtld care centres. On the St. George campus, d1c \\~urrora~pot ranges from thrL>e months for a tcxldler to e1ght months for an infant.

If a bahy is going to dance Into your life, try stretching tbe hum<1n gestation period to two year~. 1\n> out of the four university-affiliated d:ty cares only accept children over the age of 2\12. TI1e~ arc the Marg-c1ret Aetcher Day Care Centre, and KiJsp.1ce Day Care Cenrre at the Omario Institute for Studies in Education (OISE). The fom1er currently has a waiting period of three-six months, and costs $634 a month. The latter costs $715 for one monm.

The two child care services at the downtown campus that accept infants are Sr. George Campus Chtld Care, and Nancy's Part-Time Child Care Cenrre. Campus Chtld

Lots of people worry about chiLd care, but as a country we a.re not doing a good job

of providing it.

Care sounds utopian. It promises a community atmosphere that "reflects an anti-sexist, non-authontarian, anti-racist, gay-positive cooperative philo:;ophy." It com $920 a month.

Nancy's part-time service charges by the hour.

It costs $5.50 per hour for infants, and $4.75 for toddlers. It opens at 8:50am so you can't make 9 o'clock classes on rime, and closes at 5:10 PM ~o you can't take any mreresting evening courses. All the other services operate from 8 am- 6pm. Flexibility and accessibility arc not evident in the child care services on campus.

The Childcare Resource and Research Unit of the Univcmry ofToronto Centre for Urban and Community Relations has information about the challenges facing student parents. For example, one long-term study of undergraduate students with dependents showed what a constant struggle 1t is for undergraduates to fulfill either the role of parent or the role of conscientious pupil. A 1996 Australian study of mature female students and their reasons for discontinuing study revealed that women involved in "non-traditional subjects," including econom1c.s, busine.-.s and law, were "relatively over-represented amongst discontinuing students." Women with younger children tended to leave school because of financial and child care-related reasons.

Child care arrangements worry many Canadians. According to Statistics Canada, 64 per cent of mothers w1th children under the age of three participate in the labour force. 70 per cent of mothers with children ages threefive work. So the vast majority of families with young children need child care. And while

AM 3:48 Mamma mamma. Anothernighm1are.

I rush to my d:mghrer's room and recite: "lt's okay, mamma's here. mamma loves you." We go to sleep in mamma's bed.

3:58 She's hogging three quarters of the bed and I'm awake. Maybe ifi think about the T.1x Act. 6:00 Beef> beeJ> beep. Good intentions: get up and do some rcading ... or ... hit ~nooze ... onc more time ... one more time ... this is definitely the last time.

6:30 Get our ofbed, and trip over the nurs· ery monitor. It's okay; she's still sleeping.

Time to shower.

6:34 Mamma, mamma, mamma take a shou•er. Baby take a shower. "Baby want :.orne Chcerios?" Baby take a shower. "B:1by watch Telewbbies?" Baby take a shower!

"Okay, baby take a shower." Mamma hold you. Master the art of showering with one hand while holdmg a twenty-five pound weight with the other.

AM 6:45 Hit Snooze 6:55 Get up, have a shower, get ready 7:15 Wake up Jcnelle for the first time, go start on her lunch.

7:25 W.1ke up Jenelle for the second time, go finhh her lunch.

7:35 Make Jenclle break£1St, help her get her stuff org3nizcd for school (10-yearolds nmv nerd 20-pound back~cks), con· vi nee her that she DOES need to eat breakfast.

7:50 Leave with Jenellc to get her ro her school bus on tunc.

8:05 Go back to apartment, get some breakfast. Hopefully Xander (almost 2) wakes up before I go to school.lfhe does, I'll play for a bit, get him his Cheerios.If not, watch news (only chance today).

9:00 Leave for school 9:30-11 :00 Class ll :00-1 :00 Do any errands I need to, get some lunch, go to DLS, check e-mail.

7:00 Brush rwo sets of teeth. Comb two PM heads ofhair. Dre:;s rwo.. .No! Stop! Don't ,1:00-5:00 Work at library. Do next day's pee on the ... floor. Back into the tub. readings (Right!). Make sure anything Clean the mess. Start again. for DLS or for coaching moot is ready or 7:30 Dress baby (the sock war). Feed getting ready. Read paper. baby (the bagel battle). Change baby.

5:00 Grab a bite to cat, call my v.ife Tanis 8:30 "Come on, Nonna's waiting. Let's to see what's up and make sure jenelle's go. Mamma has to go to school.Where's home. mamma's evidence bookl" Dere mamma 5:45 Go to Princeton Review, bcfjn prepedeednce book. Yes, there it is, under the ping to teach LSAT class. table and covered in crayon. Blow her nose. 9:30 Class ends, call home, head for the Pick up everything and head into the car. subway.

8:52 Trapped between Dupont and S~dina, l 0:00 Get home, give jcnelle goodnight I pick the Cheerios out ofmy pocket. kiss, get her ready for next day (home9:05 L·ttc again. Slink into class and sit at work, etc.), play with Xander, talk with the front. Why schedule Tax for 9 ami Tanis, watch a little T\1, eat supper, check Pretend that the rattling noise of a toy tel- mail, maybe call home to friends or famephone is nor emanating from my knap- ily: sack. How did that get in there?

11:30 Check c·mail, make phone calls I0:00 Call home. "Hi rna? How's she do- home,dosomeschool work (Right!). mgl" "She ate some paint at playgroup."

12:00 Go to bed.

PM 12:00 Llw Rcv1c\\• Cell group meetings. I wish I was at playgroup.

4:30 I need a nap. Call home again. She's taking a nap. Meet wtth moot partner.

6:00 Advanced Civ. Pro. I suspect that someone has sub.stitured all the coffee in the building with decaf.

8:20 Pick up the baby and head home. Is that paint in her hair?

8:35 Change the baby. Bathe the baby.

Dress the baby. Share a snack.

9:15 Mamma read you One Sish, Two Sish (One Fish, Two Fish try Dr. Suess) "Okay".

More, more read. "Okay, one more. I flni~h with l.ooe You Forever and rock us to sleep.

12: 15 am The tea is cold. My eyes arc heavy. Slap, slap. "Okay, you can do this.

Just two more pages. Just get through Oliarelli. Just a little more ...

And so ends another action-filled day in the lifeofCory Exner.

I'm acwally looking forward to articling because I'll probably get to spend more time v.ith my family than I do right now.

Besides, my wife makes being a dad easy, because she docs all of the hard stuff. I do what 1can, but she runs our house, and I'm all rhc luckier for it. I do occassionally skip class to stay at home and play with Xander, and I don't ever study as much as [should, but everything gets done, and I do gctto spend time with my family. I'm pretty luclcy as a parent, because right now we don't need to worry about daycare, and my wife understands that law school is just a busy place, especially when you have to work too.

many swdies and statisttcs focus on how mother~ juggle child·rearing and professional or educational demands, it is clear from the articles in thb feature that fathers are also eager to find a way to balance family time with other rcspomibilities.

Lots of people worry about child care,_ but as a country we arc not doing a g<><Xi job of providing it. The University of Guelph Centre for Familic~. Work and Well-Being looked at caring and learning environments for young children across Canada. The study, released last September, found that fewer than one in three preschoolers arc in programs that stimulate their social, language and thinking skills.

We arc not alone in our societal failure to provtdc children with quality day care. However, Canada's day care standards are falling behmd those of other nations. In 1996, the European Commbsion published a policy gutdc for member states, to help them reach targets in services for young children. Model programs include the one for early childhood education and care in Denmark. There, a comprehensive welfare-based policy provides universal welfare services for children. The . crvice is avnil:thlc to nil chtldrcn u, to :lllC six whose parcms reqUire it. In reality, this means

that 58 per cent of children ages six monthsthree years, and 84 per cent of children from three-six make use of Denmark's service. The training requirement for child care workers is four years, after high school. · Finland is another model for excellent provision of services for young children. In the European Union, countries spend an average of 5 per cent of their Gross Domestic Products' on education. Finland commits over 2 per cent of its GDP to early childhood education and day care. This commitment to public funding is important. The European Commission policy guide stresses that child care services must be publicly funded if not publicly provided, "because the pnce of services for young children can only be met in the marker place at the cost of equity."

Some provinci31 governments arc working rocltminatc the under-provision and poorqu3lity ofCanadian day care ~T\·ice:.. As of 1997 m Quebec, non-profit child care centres cost.$5 for each four-year-old child a day. This service will gradually be extended to all age groups.

The difference between the cost of the service and the fcc charged is met by the provincial government. For-profit centres are now encourngcd to change to the not-for-profit system.

Furthermore, Quebec's community-based non-profit child care centres offer evening and weekend care. All these innovations required $250-nullton in government funds.

One day, all provinces may offer flexible and accessible day care services. It will probably be a long wait until then -longer than the wait for a spot in one of the campus child care facilities. For now, affordable, accessible, and flexible child care services are only a dream for most parents. But at least they get to play with real babies.

Bonni Ellis moved to Toronto three years ago with her partner and her then-two-yea.r-old daughter, Zoe. Evan Smith has a 20-monthold son, Weston, and his wife is expecting again in April. Katherine Hensel lives in an apartment ncar the uni\'ersiry \\ith Sam, aged four. All arc full-time law students- and fulltime parents.

"It's very difficult," Hensel says. "Law school1s so demanding and parenting is even more demanding. You never feel you're doing ir properly."

Wirh rerm papers looming and exams already seeming not much farther away, students without children may wonder how they do it. But for Hensel, Smith, Ellis and a dozen others, the question isn't how can I, but how will I. "You really do what you have to do in the ctrcumstances," Hensel says. "I was afraid I wouldn't be able to do it but I can."

Balancing schoolwork with parenting may be a srruggle, but all say it can be done. "Somerimes when I tell people we're expecting again in April I get this look and I think they think I'm doing more than I actually am," says Sm1th, a first-year student. "I try to make it a pomt not to do school when I get home." He points to a built-in support system in his wife, Cheryl, a full-time mom, and his generous in-

Legal Reasoning: Three Short Dialogues Between Parent and Child

BY STEPHEN PARKS

Parent: What did you learn at school today?

Chtld: I'm still ostracized, I spent most of the day runnmg scared.

P: Allll what did this show?

C: That ham1 to my feehng:o.ts external to the bargains being struck m the schoolyard market.

P: Good. Ha\'e you written any violent stories?

C: No. P: Let me know when you have.

C: That's what my teacher ~aid, anJ my principal, and the school nurse.

P: Remember: If you can't communicate your concerns, they'll never be addressed. Write some stones. I'll submit them to the Law Review. It's time for you to start publishing.

Child: I phoned your dean, and I told him that you were unhappy. He sighed and asked ifl wanted him to adjust credit allocation, adjuf>t the grading scheme, or ctc:\te mme w'd'/':. to O?t out of \ectute claSf.c:>. He wa~ .surprised when I said 1 l didn't want any o(these. I asked him co lind our what makes it hard for people to be nice to each other, and ftx that.

Parent: What did he say?

C: Well, it turns out that he went to the same elementary school that I do.

laws, who have offered up a floor of their house to the famtly. Ellis likewise describes

her partner Sebastien as "amazing". She can also rely on aU ofT-affiliated daycarc.

Snll, while time management is a must, there isn't a how-to guide that arrives with the baby, and those with children take the same variety of approaches as any other law students. Most, for example, say they still manage to procrastinate. "It's just as easy to do but a lot more dangerous," Smith says.

When asked if she has time for extracurricular activities, Ellis's response IS "God no."

The seasonal rhythms familiar to many law students, such as law review cell meetings, DLS training sessions, and end-of-term focus, are not in tune with the rhythms of parenting. Jacqueline Peeters, a third-year student and single mother of three boys 9, 11 and 14 speaks ofconversations overheard during exams: "When I hear other students talk about hibernating m their pjs and letting the dishes and laundry pile up, I am very aware of our dtfferent li\'es."

Others such as Cory Exener, also in third year and fad1er to 10-year-oldJencllc and 22-monthold Xandcr, have managed to squeeze in more time ar school than classes. Among his other activities, Excner IS a criminal law shift leader at Downtown Legal Services and works part time in the library to help support his family. His wife Tanis has taken a break from her sociology degree to stay home with the children; she has also been working part-nmc, but it's a trade-off. "Day care expenses are so much we have to figure out if it's worth it."

The bottom line? There's no "typical" student parent at the law school. But what they all have in common is that their kids come first. "The demands with Sam are nor negotiable," Hensel states. "If anything's got to give it's my sleep or my work." Peeters expresses similar sentiments: "Meals, shopping, dishes,

7

Clockwise from top left: Adriana Ametrano (II) and daughter Alessandra; Katherine Hensel (Il) and son Sam; Et~an (I), Cheryl, and son Weston Smicll; Cory (lii), Tanis, daughter ]enelle, and son Xander Exner. refereeing fights and aansporting kids to sporting events do not stop for papers and exams."

Although some voice concerns over class scheduling and the lack of on-site daycarc facilities, there's a consensus that the administration is responsive to parents' needs. Smith, in first year, is concerned that his wife v.ill go into labour in the middle ofexams, but PL>eters notes that "the law school has been very supportive when I've had to ask for extra time for a take-home exam or to get a paper in."

Whtlc exams are a difficult time for everyone, the issues that come up aren't always the ones on peoples' minds at the beginning of first year. "In the beginning I was so worried," Ellis remembers. "You would see people in the library six hours a night and think there's no way I can compete with that. Then you realize the curve is your friend." Now her worries centre on not spending enough rime with her daughter, and how "when you've got a kid there are so many things that can affect your performance. A kid can have a really bad

night and it's not that they're sick but they have nightmares or something. They [the law school adminstration] try to be flexible but you'd feel funny going to them when you don't have something concrete."

Ellis counts herselflucky to have daycarc, but says that "It doesn't negate the fact that you drop her off at eight and pick her up in the evening and at eight she goes to bed you've missed most of her day."

Like any working parents, all are aware of the effL"Cts ofcompeting demands on their kids.

Some, like, Sam, are too young to understand.

Hensel describes a heart-wrenching moment when she was at her busiest with school: "I told him that he is the most important thing in the world to me and he said no, the work is."

Michelle Dwyer, mother to four-year-old Hannah, faces the added pressure of being nine months pregnant in her final year. "You would think that you couldn't be any more tired being in law school and having a kid, bur being pregnant makes me even more

Parent: Hush, honey. I've got to work on my clerkship application.

Child: Why do you \Vant to clerk?

P: It's an importanrposirion.

C: You're already important to me.

P: Yes, but first, nobody else cares if you think I'm Important, and second, I want recognition from the people with whom I spend time.

C: So, who cares ifyou're important at the school?

P: Why, everyone! Law firms, faculty, my peers.

C: Isn't that circular? The only reason you value their opinion is because you spend all your time trying ro gain their recognitiOn. P: Time for bed. tired." And like any small child, Hannah constantly demands her parents' attention.

"There's no chance in hell of me doing any work whtlc she's around," says her mother.

Bur Dwyer goes on to credit her daughter for havmg had a more healthy law school experience than some of her peers. "The best and worst thing is that school isn't as important. It's a sanity valve." And Exener points out what for him is obvious: "The advantage is the kids. That's the best thing."

Michelle Dwyer gave birth to a baby boy on Feb. 7. Congratulations to Michelle and her family!

8

OPINION

I

EDITORIAL

ULTRA VIRES

EDITORIAL

Celebrate Black History Month

Is That Really a Free Newspaper?

Jimmy Carter had the right idea

Oh, the mals of being a target market. If we could relea:o.e ourselves into abject consumerism \\1thout suffering the pan~ ofconsctence l't the jabs ofour social~minded peers, ltfe would be ~impler. We could enjoy the free corpor-ate ~10dies proffered to us, bestow upon these products the treasured youth demographic, promise our future devotion, ami who, really, would be worse off?

The latest temptation, as ..ices go, seem~ remarkably dose to Vtttue. The Toronto Star and- ;u least at the Faculty of law -other free dailies are willing to leave a stack of paper\ at the school every morning to conrribure to rhe enltghtenment of the studcnt-;. fhe cynics among u::. may look at tht~ a~ a marketing ploy: an attempt to expand reader hip numbers, or a long-tcrnt plan to develop com mined readers. But ,fwe pick up the paper each mommg with our eyes open to the underlpng mottvation, '3re the dailic.' using us any more than we are usmg rhem?

Canad1an University Prc~s (CUP), which reprc!lents a number of student publicanom, has bcf!un lobbying university administration~ to reject the free dailies. CUP argues that free dailies will lower re:ldership levels of student papers. This leads ro two claims: that fewer readers will rcsulr in lower advertising revenue, making it difficult for campus papers to operate; and that fewer re:tders will frustrate the dissemination of studcnr voices.

The latter claim is troublesome. Student publications provide aspiring journalists and wmers with an audience. They also serve as a countN to infonnation pro.,ided by administrative and stttdentgovernment source~. both of which rival corporate public relation~ for sheer propaganda. But from the per~recriveofstudents~at-large, it is unde~r chat they are more valuable than mainstream dailie~. ~wdents are best served bra broad selection of available media. TI1e argument that 1t rs bad w have free dailies because it dilut~ the readership o(student papers offends very elemental principles offree expre sion. Students should nor be inJirectly furced to read campus rather than mamstream m~..Jia through restrictions upon available ours1dc voic~. No t~tirurion ofhigher learrung- and no one concetlled about student apathy or community pawctpanon- ~hould encourage such an insular clatm.

The econ.omtc argument is more compelling. The dailies are accused of predatory pncmg.' ThiS ts not a~tandard pr.....Jation claim: as student papers are also free, they are not bemg undercut m pnce. Howc,·er, the daihes arc u ·ing re,•cnue gained from a bro<tdcr market to ~mance the free dbtribution of a 'u~nor product on campus.

But areThe 'Vat,\ty and 'TheTotonto 'Star compctnorr.l They do not, gencral\y, cover the t>llme I>tOn<::$ Ot 1:1\\ta~t the ~arne m\veni~et~.lf student media is only affe<:-ted inci.· denr~l/r•. chen there i~ no predarion. The onus 1s then on c.1mp~ papers to m<~ke their publ1cat10ns rdcvanr to students ro protect their renders hip. However, if the main· s:rcam media's newfound interest in univer~ities leads to increasmg coverage ofe<~mptts life and an attempt to attract advertisers thar have traditionally supported students, CUP would ha;e our support.

Letter to the Editor Ediwr,

As someone who has fought an often-times overwhelming battle with mental illness for a number of years, I wanted to briefly respond to the special feature in the last issue of Ultra Vires that was devoted to the topic.

When I first started to show signs of the panic a'nd depression that quickly seemed to take on a life of their own, I kept berating myself for not snapping out of it. I mean, it was all in my head- why couldn't I just stop feeling the way I did and get over it already?

When I later resigned myself to taking medication, I tremed it as a personal failing, a huge,

ULTRA VIRES is the student newspaper of the Faculty of Law at the University of Toronto. Our goal is to provide a forum in which students can exchange their ideas. We ho_pe to foster a sense of community w•thm the Faculty of Law, the University as a whole, and the greater Toronto area. Our mission is to 1ncrease student awareness of legal and social issues and. in tum, to encourage our peers to contribute to the many commuOJties of which we are a part.

embarrassing weakness: What kind of a flawed freak-of-a-person was I to need powerful, psychotroptc drugs coursing through my veins just to feel normal? Three years later, and still on medication, that shame has stayed with me. I still find myself relating to my panic and anxiety as one docs to undesirable personality traits, bad habits that, like biting my nails or smoking, I ought to be able to shake ... if only I were a stronger person. As much as mental illnesses are in fact illnesses, they arc unique from any physical ailment in how they are experienced. Finding out that you have a tumour in your breast, or a faulty valve in your heart- these things don't affect

BY loUISE JAMES

non-Black faces m attendance at Black History Momh events. Sometimes, in my more cynical moods, I think that it is because our history is of no interest to anyone outside of the Black community.

To learn the truth about Black people would be to discover that we just do not fit the stereotypes and we never have. The many fictions about our bodies, our minds and our characters that have helped to distort our image would come crumbling down, leaving racism without a leg to stand on. Those who have no interest in ending racism will, therefore, have no mterest in ending the ignorance that supports it.

In my more generous moods (which, thankfully, are more numerous), I see that it is not too late. Black History Month events arc widespread, and everyone who wants to participate can easily find out about a spoken word night, an art exhibit, a book reading, or whatever turns them on.

Those who arc willing to make an effort will be rewarded with a richer understanding of Black history and Black people.

Not every non- Black person can live Jimmy Carter's life, surrounded by Black people who loved him and whom he loved.

Not every non-Black person had his opportunities to experience first-hand what a generous and welcoming people Black folks really arc. That is, until Black History experience our diverse culntres, to learn something new about our history in Canada and in the world, and hopefully, to chip away at the barriers that divide us.

Jimmy Carter's lesson is that there is only one cure for racism: understanding.

how you see yourself, or how others relate to you as you. With mental illness, the line is blurred. It's harder for you, and others, to separate who you 'really are' from the illness you are suffering from. After all, "He has cancer" while "She is a schizophrenic." In the former case, the language we use describes only the physical manifestation of the illness, while in the latter the depiction is of a type of person.

The shame I felt was not unwarranted. As mentioned by each of the contributors in the last issue, the social stigma surrounding depression and the like are very real. As someone who thrives on human contact, the times at which I most needed support were the same times that I felt the most alienated and isolated from those who might have been able

to offer it to me. To finally get to my point, then, I wanted to commend the editors and contributors for addressing this topic, and thank Stephen Parks for his courage (far greater than mine, as is evidenced by the anonymity of this letter) in sharing his experience. My mental illness certainly doesn't define me, but it is a part of me, and a part that has taken me a long time to accept. It's part of what makes me human. It's only in hindsight that I recognize that the shame and secrecy that I internalized actively contributed to much of what I went through, and I'm grateful that Ultra Vires provided our Faculty with an open forum in which to address the realities of mental illness.

-Name Withheld

News (University Affairs) Tim Wilbur

Business Manager Bess Joffe

News (Student Affairs) Candace Chan Features Editor Beatrice van Dojk Editorial Page Editor Attila Ataner Legal Issues Editor Dan Murdoch Diversions Editor Noah Gitterman Editor·at·Large Lori Stein

Production & Design Antonia Yee Salman Haq Copy Editor Samar Muscati On-nne Editor Andreas Pelenur Advertising Manager Dan Murdoch Photography Melissa Kluger Ryan Baker

Ultra Vires is an editorially autonomous newspaper. Ultra Vires Is open to contributions which reflect diverse points of view, and its contents do not necessarily reflect the views of the Faculty of law, the Students' Law Society (SLS) or the editorial board. The editors welcome contributions from students, faculty and other interested persons. but • reserve the right to edit submissions for length and content.

LEGAL

Month came along. Thts ts your chance to

Communications Centre Falconer Hall 84 Queen's Park Crescent Toronto, Ontario M5S2C5 ultra.vires@utoronto.ca www.law.utoronto.ca/ultravires Advertising inquiries should be sent to Dan Murdoch at dan-murdoch@ utoronto.ca.

Ultra Vires is published monthly, and is printed by Weller Publish•ng in Toronto.

Circulation 2.000.

The next issue is March 20, 2001.

9

IssUEs

The Twisted State of Free Speech in Canada The Supreme Court limits free speech in Sharpe while Canadians rally around the Cornwall Kid lights, mikes, wires running across polished floors lying in wait for the frenzy to begin. As On Sunday Jan. 26, writers and free speech I wandered around, fascinated by how such organizers gathered in Ottawa to rally around an empty, silent space can be quickly transthe 16-year-old boy who got himself into con· formed into a multi-channel newsroom, I was siderable trouble over a monologue he wrote approached by a woman who asked "Are you for his high school drama class. I was one of here for the Sharpe decision?"

"Yes," I answered. hunJrcds of Canadians who assembled at the ~re you here to speak for an interest group?"

Nauonal Arts Centre to listen to a long list of great Canadtan writers speak out and stand up she asked.

"Oh, no," I stammered, suddenly wonderfor the free speech rights ofthe unnamed teen. ing whether I On that same It didn*t surprise me that there u•cre no looked like a child Sunday in Otpornographer or a tawa, the weekchild pornographers at the court that member of the Alliend papers carried day to speak out for the cause, but it did ance Party, "No, I'm the Sharpe decisurprise me that there was no one there. just here to watch," SIOn on their front to champum free speech.

I explained. But as pages. Headlines the media coverage declared that the wished I had given her the answer unfolded, I h1ghcst court in the country had upheld the she was looking for. child pornography law, but for a few "periphIn the half hour leading up to the release of eral" exceptions. Coverage of the decision was extensive and interesting statements were made the decision, I watched that same woman by interveners, academics and politicians, but approach everyone who came in through seperhaps the most interesting statements came curity who wasn't carrying a camera or wearfrom Sharpe himsel£ What struck me most was ing a mike. As it rums out she was from CBC Sharpc'sstatementthatwhenhiscasegoesback and her job was to find out what interest groups were there and then to line them up to trial, he won't be able to find a lawyer.

All this in one weekend - literary heavy- to go live to air as soon as the decision was weights come out in full force (read: Margaret released. As decision time drew closer, I Atwood and Michael Ondaatje) for the kid watched the CBC woman become more desfrom Cornwall, meanwhile Robin Sharpe can't perate. She had found the Christian group, even get a lawyer, let alone a benefit at the the anti-violence group, the pro-children group and the Alliance Party members • the National Arts Centre.

The juxtaposition makes me uneasy. It's not anti-pornography peop\e out in fu\\ force • bur, d~pitc all her attempts at ensuring a balthat 1 tlunk the two men arc equally sympa the tic characters. It's hard to muster sympa- anced news story, she could not find anyone thy for a child pornographer, while it's really from the other side. It didn't surprise me that easy to feel sorry for a screwed-up 16-year- there were no child pornographers at the court old. But ifl had to pick one of them to rally that day to speak out for the cause, but it did surprise me that there was no one there to around, I would pick Sharpe.

I was at the Supreme Court when the Sharpe champion free speech.

The hardest speech to protect is the speech decision was released. Given its controversial nature, the lobby was packed with reporters we don't like. Maybe it's dirty, or violent, or from the nation's media outlet~. Cameras, corrupting. Maybe it lets the imagination loose

BY MEussA KLuGER

The other night, I sat down to watch an interview with former U.S. president Jimmy C1rtl:r on Black Entertainment Television (BEn Carter was on the show promoting his new book, An Hour Before Daylight: Memories of My Rural Boyhood. He talked about his family living among African Amencan sharecroppers in the cotton-belt of Georgia. Their closest friends were the African American family that lived next door. The children grew up playmg together and little Jimmy would be cared for next door whenever his parents were working late. To quote Carter, "As a boy, [he] could not understand why anyone would claim that there was a difference between Black people and White people."

Seeing Jimmy Caner as BET's first Black History Month guest got me thinking.

Why do so few non· Black people participate in Black History Month events? The answer to this may seem self-evident to some. Black History Month is for Black people, right? Well, yes and no. Black History month was started as a way to educate Black people about their heritage, filling the void left by school textbooks that barely mentioned us. But is was also conceived as a way to debunk what little we have been told about ourselves and what others have hccn told about us.

Everyone is welcome to participate in the events that take place across the city during the month of February. Everyone is welcome to learn a little bit about who we were and who ~e are as Africans in the America;.

Yet, over the years, I have seen very few

Editor-in-Chief Melissa Kluger

13 FEBRUARY 2001

Money raised from the NAC evem goes to with reckless abandon. It can be prejudiced, creative writing classes for the kiJ and pro· racist or ignorant. It can give you nightmares, grams to bring artists and studems together. or dangerous ideas. And it is because speech can do all this that we protect it. The rights co So tell me this: What happens when our 16freedom of thought, belief, opinion and ex- year-old friend takes the class and writ~ a story. pression were not put in our Charter as fun- This time it's not about a character who wants damental freedoms to protect safe speech. If to destroy the school, but one who has fanta~i~ that were the case, we wouldn't need the about a 13-year-old classmate? What ifhe draw~ Charter. We need it for those other kinds of a cartoon of two fictionall7 -year-olds ha\;ng speech- the ones that suggest VIOlent fantasy sex and shows it to a friend? Or what he takes or a man's lust for a young girl. If it doesn't his creations and posts them on the Web? Any protect these words wtth freedom, it's notre- of thi!. might send the 16-year-oiJ back to jail.

And what will the literary community do ally protecting anything at all. then? While I doubt a benefit at the National So where was everyone who wants to protect speech when the cameras came out to Arts Centre would be an order, there may be follow the Sharpe decision? Granted, free some outrage expressed over the censorship speech organizations and advocates from of the kid. But how can the outrage be justiacross the country gave interviews from their fied? The same weekend the Supreme Court was upholding a law that poses great chalvarious cities, but even they had disappoint· lenge to our fundamental freedoms, our great ingly little to say. They called the decision a Canadian writers and activists were caught partial victory, resting their case on those two up in the cause of the Cornwall kid. A cause exceptions- allowir, the possession of selffor certain, but a created expressive m. small one comterial • while the legis There is no victory for free speech pared wtth a decilation is left standing when the very ad•;ocates and organi, sion made at the despite its broad and zations that seeks ro protect it repeatedly highest court in ambiguous definition Canada - one to celebrate u1hen speech is undermined. of what exactly child bind all lower pornography is. And the same happened in Uttle Sisters, when the courts, one that could land any number ofCanadians in jail- not just the one 16-year-old kid B.C. Civil Liberties Association called the deCISIOn a victory, while lesbian and gay erotica from Cornwall.

Speaking out for Sharpe, standing up for him remains caught at the Canadian border • celm court- these shou\d notbe unfilled p<:x>itions. ebrating a judicia\ s\ap on the wrist.

These are not victories. Not even partia\ No, the po:;it\om. shou\d be n\\ed to capacit)' with activists, writers and lawyers -everyone ones. TI1ere i5 no victory for free speech when the very advocates and organizations that who believes m free expression. Because to proseeks to protect it repeatedly celebrate when tect Mr. Sharpe's SPeech -4ipecch we oursclv~ speech is undermined. Free speech docs not may not want to hear- is to truly protect freewin if no one will come forward to protect it - dom. To rum our backs is to accept r~trictions be it in front of the camera on decision day, or on speech that no amount ofcreative writing lessons could ever make up for. as Sharpe's lawyer as he goes back to trial.

ultra.vires@utoronto.ca

Latimer and the Spectre of Ethical Hell

BY DAN MURDOCH

In a gruesome episode in the 188(}.;, two Brit· ish subjects by the names of Dudley and Stephens, shipwrecked and dying, elected to kill and eat a teenaged boy- also a survivor hut one closer to wasting away. Miraculously, the two were rescued shordy thereafrer, along with a third, Brooks, who dissented to the killing but partook in the flesh. The Crown tried Dudley and Stephens for murder, and the courts- rejecting their defence of necessitysentenced both to death. Parliament, in its mercy, commuted the sentence to six months.

In the middle of the past century, a Canadian inmate named Carker was told by others in the prison that if he failed to participate in a jailhouse riot he would face beatings and be knifed. Carker's participation was mild, but he was still charged with damaging government property. Justice Ritchie at the Supreme Court rejected his defence of duress, relying upon the profoundly literal claim that because he was alone in his cell, with bars between himself and fellow inmates, those who com-

pelled Carker's behaviour were not "present" as required by the statutory defence.

Necessity and duress- the latter being recogmzed in both England and Canada as a branch of the former- have narrow applicability. The courts regard them as "concessions to human frailty," and except in very limited circumstances, believe that the legislature is best equipped to provide such concessions.

This is, in my mind, the most morally challenging area of the criminal law. Necessity is where we must decide the fate of the ship· wrecked sailors with a single plank, Jean Valjean stealing the loaf of bread, and the Spelunchean explorers. These cases lead us mto "ethical hell," as termed by the professor in Kieslowski's The Decalogues; Part Eight. Is there any wonder the courts want to pass the buck?

And so, we get the decision in R v. Latimer.

The defence of necessity is presented as having "no air of reality," but Mr. Latimer is pro-

vided a how-to guide for appealing to the legislature for clemency. The media has largely praised the court for tts decision. The court acknowledged that there has been a national discussion surrounding this case, and that its decision would not end that discussion. This is true. But its decision fails to even make a contribution.

The defence of ncces· sity, at least since Chief Justice Dickson's R. "· Perka judgment m 1984, has three requirements: imminent peril; no legal way out; and a proportional response. The court in Latimer states, with little embellishment, that Tracy Latimer's condition did not relate to imminent peril, but was, rather, a "long-standing state of affairs." Secondly, in an expert tautology, Mr. Latimer could have acted legally by not killing his daughter. And lastly, though homicide might potentially be a proportional response in some presently unimaginable circumstance, it was hardly proportional to Tracy's ·existing and developing condition.

Necessity, then, seems no closer to applyin!: in the instant case then, say, the law of casements. It didn't meet a single requirement. One might question why we needed the country's highest court to tell us this.

With minimal imagination, though, one can form the arguments ofcounsel for the appellant. There was, quite clearly, imminent peril.

Tracy was scheduled to undergo further surgery which the Latimer family viewed as mutilation- a procedure more invasive than :my she had previously endured. Peril need not, after all, be death. Since proportionality is not a factor m the analysis of the first requirement for necessity, and there \vas a new, painful development in this long-standing state of affairs, imminent peril seems clearly satisfied.

There was no legal response that Mr. Latimer could make to the necessity he perceived. The court said that his legal solution was to have Tracy undergo the surgery, but that was the very peril that he srrove to avoid. To kill her was not legal, and to leave her alive without the

Please see "Competing rights," page 10

10

ULTRA VIRES

DIVERSIONS

My Prof's Favourite Lunch Spot That's Not Ned's COMPILED BY LoRI STEIN

''GOODMANS ...

IS BRASH, ICONOCLASTIC AND ENTREPRENEURIAL ... '' 2001 Guide To The Leading 500 Lawyers in Canada Lexpert/American Lawyer Media

The plethora of responses to this month's inquiry indicates that, while profs may not sec movies, they all cat. I asked our faculty their top two places to go for lunch, expressly disqualifying Ned's as an option.

The most frequently selected spot was PhoHung, the Vietnamese restaurant on top of Greg's Icc Cream on Bloor. Tony Duggan, Hamish Stewart, Kevin Davis, and Mayo Moran all mentioned it as a favourite, as did Trudo l..emmens, who favours the crispy pancakes.

Another common response was Hart House.

Moran takes faculty guests and visitors to the Gallery Grill, which she feels, "shows the university to an advantage." Judy Finlay also likes the Gallery, while Allan Brudner opts for the lower key Arbour Room. Jim Phillips also frequents Hart House, but he'd rather be runmng around the track than eating on his lunch break.

Catherine Valcke and Colleen Flood both favour Bar Mercurio. Prof. Valcke also likes the Kensington Kitchen. Prof. Flood's altemattves are the faculty common room (off limtts to students, of course), and Dynasty for Chinese. Lemmens digs dim sum at Dynasty for special occasions.

To get his chinese fix, Sujit Choudhry grabs

Spring Rolls on Yonge Street. For Japanese, he choose~ the Sushi Inn on Cumberland.

Bonnie Goldberg ts partial co the Coffee Mill, a Hungarian mainstay on Cumberland between Bcllair and Avenue. You may spot Arnie Wcinrib down the street at Cakemaster, unless he's in the Manultfe for a lunch time read-n'-eat at the Indigo Cafe.

Profs Davis and Stewart enJoy Over Easy, the all day breakfast joint at Bloor and Bedford. (McGill grads know that this new diner is a tepid immitation of Montreal's famous Eggspectations restaurant franchise, where the portions arc bigger, the lox is fresher, and the home fried potatoes melt in your mouth.)

Fellow Aussies Andrew Christie and Nick Pengelley joined Duggan at Hemingway's for Ausste Day on January 26th, when the typically "Kiwi bar" was filled with yellow and green balloons. The Hemingway's rooftop patio is a Yorkville institution in the summer.

Finally, Dean Ron Daniels sometimes darts next door for a hot dog at the vendor outside the ROM. "Cheap, cheerful, short lineups, and somewhat nutritious," lauded Daniels, "a nice antidote to the finer lunches I have to do in my decanal role." Do you want some roasted chestnuts with that?

Disclaimer: Ultra Vires disclaims liabtlity if and when these faculty hangouts are suddenly flooded with hungry law students. ~

13 FEBRUARY 2001

Be my Valendne! Rescuing the Anti ..Holiday from Tertninal Gaucherie BY jULIANA SAXBERG

In preparing for this article, I asked a sample of law students the following question: "And what are your plans for Valentine's?" Without exception I got two responses: "nothing", and "um, nothing ... yet?"

Okay, so Valentine's Day is by all meas·

ures a pretty crappy holiday. It doesn't seem to have any legitimate credentials, notwithstanding the unfortunate rumour that it actually began as a conspiracy of greeting card companies. It doesn't seem to serve the same feel-good purpose of secular holidays such as Mother's Day- in fact, ifl had to characterize the theme of my past ten Valentine's Days,

Alone and bitter?

Try these fun, low,cost, and low,risk suggestions to ruin other peoples' dates!

1. Restaurant reservation campaign- require~ organization. Book dozens ofreservations at your ~eduction dinner spots. Book them up. Bonus: if you actually do get a date, you will have the place to yourselves.

2. Answering machine breakup-dial random home numbers in the afternoon and leave this message: Look, I can't meet you tonight. This isn't going anywhere. I think it would be best for both of us if we took some time off. Don't caU me, I'll call you.

3. Special chocolates- buy several crappy heart-shaped boxes ofchocolates. Eat them.

Reserve wrapping. Refill boxes with rocks, coals, potatoes, week-old leftovers, or dog poo. Rewrap. Send to ex-boyfriend.

4. Special valentine- buy ridiculous oversized lace-trimmed love card. Write personal message: last night was incredible. I can't wait to sec you on Friday. Sign your name.

Send to ex-boyfriend's new girlfriend's office address.

5. Creepy stalker gag- requires organization. Set up fake e-mail address for "SidSixryNine" or something equally icky. Send your best mend anonymous love messages filled with scary personal information i.e. saw you at the Ferret drinking a Srrongbow Sunday Night, god you looked good enough to devour. Follow with hang-up phone calls (re member to press srar-67 first) and dried flower bouquet left mysteriously at doorstep ate at night. Never tell.

Disclaimer: Ultra Vires docs not condone suggestion 5.

1-4 are generally mean but 5 borders on the wholly unacceptable.

Lessons for Incoming Students {At this time of year, eager potential law students will be choosing a law school. laurie Jessome helps them out wtth a look at the real U ofT.l

AND THAT's JUST THE MAILROOM.

'

l. Ted the hl'-ranan is Buddha.

2. You will not meet the person you are go· ing to marry at law M:hool. You may not even meet someone to make out wtth.

3. Fasken~ mean~ fun.

4. McJ .stu.lent~ need rhcir 0\\>l:llibr.try·.

5. Chiropractic students really need their own libnlry.

6. 50 yc;m of modem legal education apparently doesn't mandate rhe inclusion of electrical outlet.$ in clas_-;rooms.

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GooDMA:\15 u.r • BARRIS I ERS & SoucrmRs TOROI\ ro • VAI\COUVER • Hol\G

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Rewrd~ Office.

9. Law Games are an elitist drunken <>rjzy.

Anyone telling you otherwt~ is just trying to get funding.

1O.l<)ronw is actually much smaller than you think, encompa\,ing only the area N:tween the Madison, the Duke and the Aora L'lskin Law Library. Advcnturou~ students ocatsionally go much f."Irthcr. having been heilrd tl1 say, "My Toronto indudes the Lava Lounge.''

Court must evaluate competing rights Continued from Legal Issues, page 9

For all the details and information on Goodmans Student Programs, just contact Catherine Chang at 416.597.4190 • cchang@goodmanslaw.com

7. The dean knows your name, yes he does.

But he bad tonsk Arnie Weinrib for it.

8. The suggestton box is the true centre of power in the law school, having rccentlr set::ed control from Effie and Celia in the

surgery would compound her pain. The system mandated an approach that Mr. Latimer considered worse than death for his daughter.

Proportionality is the most obvious ground for the collapse of Mr. Latimer's appeal, but there arc still questions worth being asked.

The euthanasia debate specifically centres on the question of how much a human being will wish to endure in favour of death. In R. v.

Rodriguez, the court decided that principles ofequality and autonomy do not serve to gwe an individual the right to make this decision for themsclf. Clearly, then, this decision was not open for Mr. L'ltimer to make for his daughter. The decision emphasizes that Tracy had joy in her life as well as pain- or, joy in the mid~t of her pain. But the court trivializes

the debate by suggesttng it is clear-cur. In Rodnguez. Justtce Sopinka never suggested the quesuons were eas), or that the appeal of Ms. Rodriguez had "no air of reality."

Mr. Latimer fundamentally disagreed with the manner in which the system demanded that hts daughter be treated. The courtS, as arbiters of whether behaviour falls within or without that system, cannot be expected to excuse vigilant souls who flaunt the law on principle. But the Supreme Court must be willing to both arbmate mdividual action and monitor the system. l11e defence of necessity demands the evaluation of competing nghts and ethical conundrums, and our highest court should not be applying thi~ law mechanistically.

At the very least, in a JUdgment clearly presented for public consumption, the argument for the other side should be outlmed.

II

DIVERSIONS

since I started dating, it would be "feel bad".

You see, when I was a girl the question seemed very easy- today, we'll see who loves you and how much. The sensible thing to do, of course, is to renounce Valentine's altogether, wear black all week, curse to high heaven at every insidious commercial, and dump someone, anyone on the day, to show that I don't care if mainstream corporate America wants to tell me that I am a failure just because I am still single. But the truth is, like one's own doubts, Valentine's Day is inescapable- the world turns pink, white and red, your married girlfriends have new baubles, and you can't pretend it isn't happening because you just spent three days trying to ignore it.

Weill say phooey on you to anyone who wants to tell me I am not loved this week.

And to prove it, I am having my very own loser Valentines parry - with all my best friends who seem to be perennially undateable, the friends who against all logic and common sense persist in long-distance relationships and are going to be alone that day, and of course, the fresh casualties, the newly single and still sniffling. You see, law students are notoriously bad candidates for relationshtps, any relationship.

Whether because of our chosen vocation or some obscure personality flaw that explains why we are here, we can't make plans because we end up ditching at the last minute, we often caU people only when we want some-

Long--Distance Love? No Problem.

Advice for a romance expert

Alone and not happy about it?

Where to pick up on the most desperate day of the year •..

I. "The Law Library. Thar's where I ·will be" -Antonia 2. "M meetings. Look for lawyers at the Thornhill community centre meeting" -Name Withheld 3. "Your very own 1~ Valentine's party!

Invite all the undateable, the newly single and smarting, add liquor, and see if you can make some couple~," -Juliana 4. "Bathurst Bowlerama, 5-pin lanes. Get ~steamed hot dog and a Bud Light and letthe romancing begin" -Noah

thing specific, we screen our calls, and when we get together with friends all we want to talk about is new theories of federalism ... and here is a gift, like Christmas, an opportunity to give someone special a message that you appreciate her in your life, despite all the evidence to the contrary. It's a chance to give someone that affirmation that this week makes us crave: you are loved.

Hate it all you want, Valentine's Day is in your face. l challenge you to recycle this crappy holiday t~ year and start an inspired tradition, with your own Anti-Valentine's Day. Take that litany of rejection, inadequacy and fear and make it work for you somehow, transform it into an affirmation and a celebration of your locus in a community, which is what holidays are supposed to be for.

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FotUe~Ste

BY BRAD MooRE

When it comes to writing, the general rule is to stick to what you know. In my case that means most areas ofsubstantive law are off the table (and I'm not too strong on the procedural side either, come to think of it). However, if there's one thing I've come to know in my time here at law school, it's how to maintain a healthy longdistance relationship (read: she hasn't dumped my sorry ass yet). Since this is the month of Valentine's, and since I bring precious little else to the Faculty oflaw, I thought I'd offer some of my advice and expertise.

Q: Should I have sex with other people?

A: Honestly, this is usually a bad idea. Nothing screams "lack of commitment" like sleeping with someone else behind your partner's back (although if you're doing it with your partner's consent, or even collusion, you should be writin this column). Anyway, cheatmg s all t ong m · ages, like "Hey, loo at me! l'ml:iavingsex thsomeoncelsc!"

Q: Should send a lot of flowers a cards?

A: Yes and no. This isn't really a~ender thing, because membe ofboth es enjoy getting little surprises in the tl, but keep this in mind: every tim ou do something really thoughtful, you're engaging in a deadly game with higher and higher stakes. You send him a care package this time, but what will it take to get the same reaction next time? )ou send her a sweet, romantic card, but how long can

you really ride that horse? The underlying principle is this: Less is More. Consider this: she gets her fourth card in a month, and thinks "Uh, great. Another card ... ", or she gets her first card in six months and thinks "Oh, he'ssooosweet! A card!!"

Q: What do I do when I'm really lonely?

A: This is going ~· Those long-distance "onships, we'(lre soldiers of loneliness o curb these feelings, try tapping into th by putting pen to papet Ifyour life sucks th t bad right now, you've probably got a good country song in there somewhere.

Another popul approach is time-honoured but a ltttle more ·ve: alcohol. Try stewing 1t up at your fav rite watering hole r five or six nights in a row. There are alWays people around who willbe ready oin you Matt Duffy (II) is a sur~ be 61ook him up.

Don't worry about all th<rt"scientific research" that tells us alcohol is a depressant; scientists used to think the world was flat, too.

Q: When we finaUy get to see each other after a long break, sometimes it feels awkward. What do I do?

A: Don't worry, this is natural. You and your parmer were accustomed to seeing each other datly, so the absence of that consistent interaction will create confused feelings. The best way to get familiar again is to have sex immediately, plain and simple. But until you get into the taxi cab, entertain her with stories of your late night revelry. Like last weekend, when your buddy vomited on a pool table at

!

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. - - -... !lien lttsK the Madison and then vo~ ~ME •u you both woke up in a dttch in Markham, or last month, when you got a "Valued Patron" Christmas card from the Brass Rail. Or maybe tell him how the guys at law hoolhavebeensoooo m e to you, carrying yo r books, buying you dr nks, even sleeping er to make sure you're With Valentine's approaching, Stanley and Penny's relationship afe. I think you'll find cannot esrupe from the soul-destroying legalese forced on rhem daily. that your partner will feel immediately at ease, the tension and awkwardness between you say about the enchanting allure of will evaporate, and you'll be ready for the pheromones, especially when you smell like a foot. Cut your hair, shave your, well, cvery"tide" to your place.

Q: Will the lorig diswnce thing make or break thmg, clip your claw-like nails, and empty all those Jars of urine- what is that all about anyus? Is this ot~r Temptation Island?

A: Perhaps. You really have more to lose than way? Show her you care by doing something gain, though. If you do make it, you 'II prob- special, like bathing. ably reunite and rea · tbat-tbings were bet- Q: My boyfriend and I have been togeiher for a ter when you w e apan, set · g off a ion~. while now, and I've sUlrted wlking abottt maragomzing desce into rna ss for both of riage, but every time I bring it up he wcs me off you. As for the Tern ~nd analogy, I'll or changes the subjsay yes, except that y ren't nearly as good A: So anY\\.·ay, that looks like all the time we have for today. I hope my insight has helped looking.

Q: Now that I li~·e on my own, I pay less attcn· some ofyou to work through the \'arious issues that confront couples in long-dl.';tancc rclationcion to personal hygiene, but u·hcn my girlfriend ~hip~. It's a tough road, but as we have 'een t.·isits site says I don't care about impressing her. there are lots of little things each partner can Is she being unreasonable?

A: Listen, buddy, I don't care what scientist~ do to k~-cp things running smoothly. Gxxi luck!

-

12

ULTRA VIRES

DIVERSIONS

Ultra News: Not--So--Real News From Around the Law School Bridge Week to end on high note Bridge Week co-ordina£Or Mayo Moran revealed recemly that there has been a lot of concern that the final bridge week, 'Brucal1ty Through the Ages,' will be a real downer.

To ensure that students don't leave the event unhappy and don't question their place in the repressive state apparatus the week will conclude with a spectacular musical.

Choreographed by Broadway legend 1lnnmy Tune, the show-stopping extravaganza will be entidt..>d, Oppression! The shO\\; wh1ch \\111 feature a line of high stepping chorus girls, is hased on the true life scory ofbelon.'lll (if' ccntwy Bntish explorer, Wymt M:mn.

The finale, which should be a hit w1th student , was \\-Tittcn by Tim Rice and Andrew Lloyd \'t'i!hbcr. It features Mr. Mann marrying the woman of hb dreams, missionary Jenn O'Cide. The soundtrack wi!l be available on Arista Records.- Jacob Glick

Student distracted by chair, nusses in1portant point A student was distracted by her broken chair during an admin law class in BLH last week, and apparently missed an important point bemg made by Professor Janisch.

Penny (II) was trying hard to pay attention to what was being said, but her efforts proved un~ucccssful as her thoughts became occupied by concern over the chair she wa"' sittingon.

Law doesn't 'click' for first . . year student" The law has so far failed to "dick" for Frank, a first -year :.tudent at the law school.

This is a massive disappointment for him, as he hnd been anticipating that February would he a "big month."

"Everyone kept telling me to wait until February," he said. "Then I woukl understand everything."

That rred1ct10n ha.s not yet come true, as Frank has confirmed that he currently understands next tonorhing. "[read the ca~cs. I review my notes, but, "I'm not sure, but I think Janisch might have said something important," Penny explained after the incident. "Maybe I'll borrow someone ebc's notes for the class."

Penny's plan to be alert and to take good notes came up against almost insurmountable obstacles due to certain structural and maintenance problems m Bennett Lecture Hall.

Like everyone else in BLH, Penny had to contend with the allure of a scat that moves in rhree distinct ways, sometimes all at once.

However, in addition to that, the particular chair she was sitting in was broken.

"My chair not only turned, tilted, and swung, bur it also wobbled," she complained.

Penny managed ro change seats after a reju· venating mid-class break. but her new seat was aiM) somewhat unstable.

"I now go to class expecting a wobbly chair, and 1do my best to concentrate on learning, not comfort."

-Noah Gittcnrum

I mean, 'replevin for a cow'? What is this shitl Who arc these people? Why am 1 here?" he exclaimed, somewhat aro..;ously.

Frank's only consolation has been the rumour thAt there arc in fact some second years, and possibly even one or two third years, who still don't "get" the law.

IA.~tc hisgruwingfiu-;trationanddisillu.'iionmcm, Fmnk has been able to mainmin high expectations of himself for the near future.

"I'm hoping it'll click next week," he said.

-Noah GittemUm

Economics ~ crock of shit,' admits Trebilcock In a revelation that has stunned the umversity community, renowned Professor Michael Trebilcock admitted Monday that Economics is a "crock of shit."

"It's pretty much random," Trebilcock admitted. "You might as well use a Ouija Board.

Sometimes I'm right, sometimes I'm wrong. I don't knm\. No one docs."

This startlmg announcement was motivated at least in part by Trebilcock's dissatisfaction with his junior L1w and Economics colleagues.

"The way these guys act they were going to blow my cover sooner or later. When I was a junior professor I stayed in my office for hours on end so as not to arose susp1cion.

These guys don't do anything. They just work out at the gym all day long. Look at them, Davis, Duff and Baby lac with their

broad shoulders, sculpted chests and firm buttocks. No one would ever believe that they spend any time doing research. So I figured I'd get out while the getting's good."

The tight-bunned trio could not be reached for comment. -jacob Glick

Students encounter state of nature at law school A committee of wtldlife experts and a couple of philosophers have declared that a Hobbesian state of nature exists in front ofFiavelle House. Recent relations among squirrels, pigeons, chickadees, and students have become complete!~· uncivilized.

Many students have complained about having to fight through a state of nature m order to get to their classes. "It is simply asking too much, especially for bus. org. at 9:00 am," Stanley (III) said.

Some, however, have been pleased to see ph1losophy in action, and to be able to put some age-old debates to rest. "This certainly gives Hohhcs a leg up," stated a memo circulated at the legal theory workshop. "That's a nasty and brutish scene out there."

The administration has also been trying to put a p.1Sitive spin on the rt..'Cent developments.

"Outside is a seething cauldron of primordial desire," stated a press release sent out from rhe dean's oftke. "Inside, students read the newspaper, gather in small groups to chat innocrntly ahout daily events, and generally uphold the rule oflaw.lt's almost poetic."

-Noah Gitcennan

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