Ultra Vires Vol 2 Issue 6: 2001 March

THE STUDENT N EWSPAPER OF THE

VOLUME

2,

I SSUE

6

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M ARC H

u N I VERSITY

2 0, 2001

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OF T O R ONTO F ACULTY OF L AW

w w w. In w. u t o r o n t o .c aI u

It r av i rcs

Third Prof Leaving for York Departure raises concerns U of T losing progressive faculty

BY MEussA KLuGER

at York, Professor Hudson Janisch observed that when three faculty "move to York it Professor Janet Mosher has accepted a posi- means, presumably, that they must be movtion at Osgoode Hall Law School- making ing to get to a university environment that her the third U ofT professor in less than a they find more desirable." year to head north to York University- raisMosher, who currently teaches Evidence ing concerns that U ofT is losing its progres- and Civil Procedure at the law school and is sive faculty members. the director of the combined LL.B./Master in Mosher says she didn't see herself as very Social Work program, is a poverty law expert well-suited to many of the "future directions" whose current research focus is on wife abuse ofU ofT and felt that her new positton as and welfare receipt. academic dtrector ofOsgoode's intensive proFor Maggie Wente, a student in the com.gram on poverty law at Parkdale Legal Clinic bined program, Mosher's current courseload will be "a better academic and political fit." is "reflective of the way she and other proHer feelings echo those of international law gressive faculty have been marginalized and professor Craig Scott, who left U ofT for unable to teach the courses in which they Osgoodc last summer in order to find a better really have expertise." "cultural fit" that was more in keeping with Wente worries about the future of the LL.B./ his 0\1.'11 goals of legal education.

M.S.W. program since she doesn't know "if When asked to comment on the recent there are any other professors who are willing departures of Mosher and Scott as well as or able to take on the responsibility."

Professor Rosemary Coombe, who left the faculty in January to accept a research chair

Probe into Scandal Raises Concerns Reaume inquiry may have chilling effect

Students implicated may have innocent excuses

BY MElissA KLuGER

On Feb. 20, Vice-Provost Paul Gooch announced that the university was "striking a

BY TIM WILBUR

Allegations that Professor Denise Reaume may have played a role in the law school's grade scandal has raised serious concerns that it could have a chilling effect on academic free speech. The investigation into Reaume has changed to a much more general "fact finding" project in what appears to be backpedaling by the university, raising additional concerns about due process.

committee to investigate allegations that Reaume made statements" that may have contributed to the grades scandal, involving as many as 30 first-year students who may have misrepresented their results of their December tests in their applications to Bay Stteet firms. The investigation was met with outcry ftom law professors around the world.

However, the response ftom Reaume's colleagues at U ofT was muted. For Professor Hudson Janisch the silence among his colleagues "is palpable."

As support for R~aume rolled in to the university from all over, including colleagues from other universities irt Canada, as well as Harvard, Oxford and Yale, to name only a few, and fifty recent graduates and almost 300 current U ofT law students also weighed in with their support, U ofT Professor Jim Phillips was only able to find three professors within the Faculty to sign his letter.

After weeks into University ofToronto's irtvestigation of about 30 students who allegedly lied about their grades, there are still many unanswered questions. Many students have been wondering how many students deliberately falsified their grades, and how many simply made honest mistakes. "The sense is there were four sorts of situations," said Trish McMahon, who serves on faculty council as a student represensative, "outright falisification, students who took the higher of a split grade, students who averaged their December test result with their small group assignment, and students who put down a letter grade for a pass/fail bridge paper."

McMahon concedes that she does not know the numbers of each category, but the admirtistration is quick to reassure that most of the potential innocent mistakes were identified before the present investigation.' Associate Dean Mayo Moran said that "where [the administration] knew that people had given split grades, we did our best to weed out cases

INSIDE • Human Rights Day, p2 • Marriott & Private Prisons, p4 • New SLS Executive, p8 • LL.B. v. J.D., pl3 • Love & Law School, p1o, 11 • The Simpons & the Law, P16 • Krazy Karaoke Night, p17 • Not,So,Real News, pJ9,20

Please see "University," page 3

where split grades were the only problems.

At least 90 per cent of those cases were weeded out."

According to Moran, the investigation thar is under way with Bruce Chapman, which involves meeting with each of the suspected student, is "cl05e tO bemg over. There are cases ofvery different severity. There are denials and there are admissions."

After this meeting, ifChapman believes that an academic offense has been committed, the student will meet with Chapman and the Dean. "The Dean can then tmpose sanctions or find that there was no offence," Moran explained. "There are certain sanctions that the Dean could impose at this point, including suspension and/or a notation on the [student's) transCript." Following this meeting, if no resolution is found, the cases can go to the tribunal phase, where expulsion is a possible punishment.

Many students feel that the process could have been handled differently. "The admin-

Please see "First-year," page 4

2

ULTRA VIRES

NEWS

Concinued from page I

BY ANDREY A.NlSHCHENKO, P ARMINDER BRAR,

& TIM WILBUR

Law/MBA students launch Web site Keith Bradbury, Berkeley Hynes and David Moon have launched a new Website they hope will serve as a forum for students in both the L1w and MBA programs at U ofT. Located at www.lawmba.ca,the site functions independent!}· of the university administration and the three founders hope it will be a place where "students can talk honestly about what they like and don't like arout the professional programs." It is also meant to serve as a ,·chicle through which graduates can stay up to date on goings on in their old program~. The site currently features editorials on issues such as tuition fees, life in the jomt program, rhc effects ofa potential recession on job prospects, the current law school scandal and is complete with a poll on what should happen to the implicated students.

Sarah Annstrong and Pauline Rosenbaum enjoy noodles at Friday's Thai Gala.

Antonia Yee wins Willis Award Antonia Ycc (III) has won the John Willis Award for enthusiasm in extra-curricular life ar the Faculry of Law. The announcement was made at the annual Law Ball on March 10 after a selection committee made up of five randomly-chosen third year students went through applications and decided on a winner. According to Student's Law Sociery president Anna Maria Oi Stasio, Yee is one of the "unsung heroes" at the school, having volunteered at Downtown Legal Services, Law Review, Ultra Vires, and the compulsor}' moot commirree, among other organizations, and having regularly attended events at the school.

Laptop committee agrees on solution The committee assigned to dehberate on the issue oflaptop use at the law school has decided in principle that laptop use is advantageous in exam writing and is looking at the \)0~\bi\ity of facilitating \aptop use for evef'tone. Student Committee member Michael Thl\eCl\ state~> that, a\thouv,h there \s l\O guarantee that al\'{thi.ng cal\be arranged in time \con mo::. cr>m\n~ e""a"" ~~\oo, f>...>.,.;y;:\ate"Deal\Ma'loMoral\ U. \oo"-il\g i.l\tO optiol\s such as allowing non-laptop owners to type exams tn a computer lab or on rented desktops. The committee, made up ofMoran (chair), Dineen, Benjamin Shinewald, Sanjana Ranjan, Davt.d Schneiderman, Edward Iacobucci and Brenda Cossman, Sujip Choudry and Ted Jaden, met on March 6 and is expected to meet agam later in the term.

Not a box but a window Through debate on such topics as the pros and cons of distance education in law and the avatlability of resources in electronic forms, speakers at a recent conference focused on law hbraries emphasized that the world oflegal information is in the midst of a major transformation. The increase of electronic resources and the continual replacement of print by digital fonns has raised questions about the role oflaw librarians and the physical space of the library.

The conference, entitled "Not a Box but a Window: Law Libraries and Legal Education in a Virtual World," was jointly sponsored by the Bora Laskin Law Library, Carswell Institute and the Centre for Innovation Law and Policy, and was held on Feb. 22 to 24.

In attendance were librarians from around the wotld, representatives from the world of legal publishing, and a few law faculty members.

Class of 2001 raises record funds After three year~ at U ofTiaw, the class of200lhas proved Itself more than willing to dig deep and help make this year's graduating class gift the largest ever in the faculty's history.

The 2001 Graditude committee, comprised of third-year students Justin Tan, Paul Mamas and Joseph Cosentino, raised more than $79,000 in pledges. "The money will go to establish the 'Clubs and Clinics Capital Fund,'" Tan explained. The fund, which will be used to help purchase equipment for the school's numerous clubs and clinics, will be administered entirely by students. "[The Committee] chose to focus on a capital fund, because we feel such things would not otherwise get funded," Cosentino said. The gifr is seen to be filling a major gap in funding, one which would not likely be addressed by the law school or its many corporate donors.

The broad spectrum ofappeal offered by the gift was another important consideration.

"Everyone has ideas o n how they could improve the school, but this year's gift really resonated \vith a lot of people," Manias said.

.

ultra. vires@utoronto . ca

3

NEWS

University back--pedals frotn initial tnandate

News in Brief TrusH McMAHoN

20 MARCH 200 I

Students Hold Rights Symposium Combined efforts oflaw school groups make day a success BY .ANGELA]AMES

Last Friday, U ofT law students had the opportunity to learn from distinguished panelists and speakers at the law school's first studentrun human right's symposium. · An impressive list of speakers and the collaboration of numerous student organizations made the first Challenging Our Understanding Human Rights Symposium (ChOrUs) a success. This day-long event featured severa\ pane\s, covering time\y domestic and international human rights issues. The conference attracted visitors from across Southern Ontario, and student attendees numbered over a hundred.

The event was organized by a number of student groups, including CLAIHR Burma and Dominican groups, the Rwanda Working Group, Women and the Law, Mandate for Public Interest Law, the Thailand Working Group, Amnesty International Law School Chapter and the Law Union U ofT Chapter. Second-year studentTamara Kuzyck explained, "this was really a group effort. We had members of a number of student groups with differing interests but a common purpose working on the symposium.

That diversity is reflected in the calibre and variety of panellists."

When asked what allowed such effective co-ordination to occur between the groups, Mindy Noble claimed, "Overlapping membership! There seems to be a core group of people involved in the various human rights

organizations so we decided to pool our resources and organize one big human rights day."

The first panel, entitled "DisAbility: Frontiers in International and Domestic Human Rights," featured the return of disability rights activist, Catherine Frazee, to the law school.

According to secon-year student Mindy Noble, "Everyl:xx:ly was so impressed with {Frazee] when she spoke during the bridge week on the Human Genome Project that we knew we wanted her to speak on our panel." The panel also featured Phyllis Gordon, the Executive Director ofARCH and Dr. Tremblay, a Professor of Occupational Therapy at McMaster University.

The keynote speaker, Kyaw Than, provided the perspective ofa student activist who protested against the Burmese military dictator· ship. According to first-year student Allyssa Case, "we tried to make a connection between general human rights concepts and people who have been through what we were talking about."

Other panels included "The Floggmg of Bariya Ibrahim Magazu: Responses From the Human Rights Community" and "Examining Responsibility: Perspectives on Business and Human Rights."

The evening concluded with the Thai Gala event, which raised funds to help send four interns to Thailand for the summer. This event featured a meal of a variety of Thai dishes, and a raffle. Prizes inlcuded dinners at Toronto's Thai restaurants and a much coveted day at the spa.

tigation. As the mvesngation unfolds, he has sion with re~pect to academic discipline." watched as the Provost has been "expanding Widening the terms of reference while, at A number of untenured U ofT professors the terms of reference" of the inquiry. the same time, proceeding with disciplinary were among a list of 11 faculty who signed Gooch's initial announcement of the comaction against the 30 accused students, poses another letter to Gooch a week after the inmittee stated that it would "investigate allegreat problems in administrative law. As vewgarion had been launched. When Pro- gations that Professor Reaume made state- Janisch explains, the broad inquiry may refc.s50r Hamtsh Stewart ments that may quire students implicated in the specific diswas asked about the have played a ciplinary proceedings to come before the fact"It wouldn't be surprising if this had a letter he drafted he role" in the marks finding committee, thereby raising potential chilling effect on faculty.,, told Ultra Vires he scandal. Achazan.ls ofconflict of interest. Having been a - Rhonda Love, U ofT Faculty would be unable to cording to the professor in the field for 30 years, Janisch felt Association President provide a copy since it most recent anconfident in saying that there is "no greater "was nor written as an nouncements on invitation for disaster to proceed with a genopen letter, and some of that letter's signa tod1e university's Website, the committee's miseral inquiry" at the same time as a "specific nes have requested that it not be distributed sion has now been expanded to "investigate disciplinary procedure," referring to the two further." the role, if any, of comment or conduct by procedures as oil and water.

This hesitation to publicly support Reaume faculty members or others in the events leadRussell is aware of the potential confl1cts has been felt by Janisch who feels that the ing up to the alleged misrepresentation by but says there is a "firewall" between the two root of the relative silence may be "the man- some first-year students ... in their applicaprocedures and says the committee with be ner in which Denise Reaume was singled our," tion for summer careful to "maintain 1 explaining that it "has had a significant chill- jobs." our process ... and , There is no greater in(litation for ing effect among the faculty."

Political Science keep it separate" disaster to proceed with a general Rhonda Love, President of the University Professor Emeritus from the discipliinquiry at the same time as a specific ofToronto Faculty Association, supports this Peter Russell, the nary actions prodisciplinary procedure. 11 concern. "It wouldn't be surprising if this had chair ofthe commit· ceeding simultanea chillmg effect on the faculty," despite the tee, emphasized -Professor Hudson]anisch ously. university's strong language on academ1c that this is a "fact The timeline to freedoms in its statement of purpose. finding committee" and that it is nor an "in- be followed by the fact finding committee is However, when asked to address this con- vestigation into any particular individual." unclear. While the committee has not yet cern, U ofT Vice President and Provost Adcl According to Russell, the committee will be begun its "fact finding," Russell's intention to Sedra said, "I don't buy that at all. We are ... looking at "the whole picture" including "stu"proceed with aU deliberate speed" but with always mindful of the importance ofprotect- dents, faculty, administration and summer an awareness of"other people's time" and a ing academic freedom for professors and stu- employers." sensitivity to the coming exam period at the dents." \aw &choo\.

Janisch suggests that the focus has been Janisch, an administrative law professor, is broadened since "the original i.nquit)' wa~ so also concerned with the process of the inves- specific that it very clearly viola red the provi-

.

Ultra Vires would like to thank all its readers (Including the National Post, the Globe

and Mall and 1he Toronto Star)

for their support over the year.

Have a great summer and good luck on exams\

.

I

Practising law that matters '

Osler, Hoskin & Harcourt LLP was ranked first in Toronto in bench ~trength a~d r~putation in corporate matters in the January 2001 issue of Lexpert (the leadm~ Canad1an mdustry publication) based on a review of our practices in corporate com~~rc1~l law, corporate finance, M&A transactions, banking, corporate tax and corporate l1t1gat1on.

Wbat'•lli:Jt& What's Not Hot

Not

U ltra Vires - student newspaper referenced m every major daily. We arc hot!

Lying- 'nuff said

Patty Machine in Caf - and check out those new salt and pepper shakers!

Academic plan - Already passed the first deadline. Is this gonna be decided when we're all gone for the summer?

Reaume

· 'nuff said

Osgoode Hall - something's attracting our profs, and it's not their physical plant LLB.s - I am Canadian!

Suggestion boxes they're everywhere

Squirrel traps - Clthcr the squirrels are escaping, or ~omcone 1s releasing them. We arc superior beings, people. Can't we get rid of them?

Winter -really, we've had enough

they're everywhere, Druxy's at March Break - Noah was mailed by small, screaming children

Nancy Stitt, Director, Student Programs, Toronto

OSLER, HOSKIN & HARCOURT

Diane Cornish, Chair, Student Programs, Ottawa

oslerstudent. com

Osler, Hoskin & Harcourt LLP

T 0 R 0 N T 0

>

OTTAWA

>

CA L GA RY

>

NEW

Y0 R K

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ULTRA VIRES

N EWS

20 MARCH 2001

5

N EWS

INSIGHT

In The Alternative: a tnonthly feature of U ofT alun1ni and their diverse career paths

Marriott quiet about its affiliation with private prisons

Lawyers specialize in child abduction law, criminal appeals

BY jOSEPH

Brinley Evans

A. G. BERKOVITS

I think about private pnsons. I'm not ~ure that it really matters. I think we should Remember thatlengthv survey in be just making our choice on the basis of HeadMte~ where we were invited by the qualiryofti.xxi services. But," he S(xk•xho :-.i<mion Scrvic:t.-s, our local aJJed, uthe $ChooJ :;houfd provide US cnf(•tcria caterer, w check off our food more intormatron on this issue." rrefererlCCl>? Were the giblet 5tCW, Professor Kent Roach, who teaches Crimin<tl and Con:>tirurional Law, is jamalaya or :;ome ofthe other exotic opposed to Onrario':. Pcnetanguishene ch('icc~ offered a little rich for y~)ur taste? "supcrjail" because "it will move many Well, how about gwing a nice bhnJ prisoners away from family and friends. "bread anlt \tater diet" a try? A recent arncle in the m:1ga::inc Agent drsck1\ed Private jails also seem like a bad idea especially tf they allow the state to that}.. brnotr tood scrviCC5 is partly e~cnpc rcsponsthiliry and accounrabiliry owned by Sodexho Allrancc, one of the for impri~oning people." 6u r like many leading investors m PrisonRcaltyTmst, a people at the school, Roach is prepared ro that corporation rhatrunsprisonsin the United States nnd is notorious for reserve judgement on Marriott. "For me much would depend on how rhey run runnmg them cheaply. And ifMarriotr's rumoured bid is successful, it will be their jails and how they trearbotb their Inmates and their employees." And running the Ontario government's new privatized "super jail"in Penetanguishene. when I caught up with Chiang larer, she lf)ou'd like to find out \that rhe law promised to re~earch the issue. scho..1l adminimation or Universu:y of In the end, students and fuculcy will Toronto officials think ofthe connechave to decide rf ther think they should tion, good luck. :..1erril Randell, Assist· be l>Upponing the for -profit pri~n ant Dean lors Chiang's program comdumy. The Onrario Provincial ordinator, didn't think it had anything to govemmcnt wtlltell u:; that that is the do with her office. I should go speak to ll\Ol>t cost-effective solution1 which is at the law Schoo\\ Chief Admim~trator bc~t, the only argument that can be Cr.th'f 1~m, ~be "~\v\~cd. Cath') Tam advanced in it~> favour. :<ugge~u:d that the be:;t person to ~peak '1be \ast tlme Ontario ·worked together to would be Robin Todcrian, the with private industry to run a pnson was limvcr~ity's Director ofAncill;~ry rn 1875. Thegovcmmentbuiftrhe 'x:rviccs. "I can't comment," M& Central Prison to rhc weciJkations of rhc 1<xleri3n tolJ me, "I don't know Canada Car Company which was to pay anything about it particularly." Bur she for th.c labour of the province's convicts. did refer me to leslie Aun, the ViceWithin month.~. the province suffered an pre~idenr ofPubhc Relations for economic downturn, the rnvare consorMarriott, headquartered in Maryland. tium bailed out and rhe government \\'aS Ms. Aun and 1have been playing left w1rh an expensive white elephant. telephone rag aU week.

The Canada Car Company, like Students and faculty at the law <.chool Mattiott's parent company, was there to were not particularly aware ofMarriott's make a profit. It didn't concern itself penal connection but were prepared to with the rehabilitation ofcriminals or the gi\·e it a fair hearing. 1'l'm not necessarily prevention ofcrime. And in the end, it against private prisons pet se," said went bankrupt. During the next forty Marcia Jones, a fim~yeat student, "I'd years before they could afford to shut it like more infonnation on the type of down, frustrated officials turned the prisons that Mamott runs and what is the Central Prison into the most brutal extent of the affiliation between Marriott instttution that the province had ever Canada and Marriott U.S." ~cen. Given this history, it's hardly In hi\ opimon, David Doram, who I\ in surpri~ing that Marriott and the Univt.'f· second year, remarked, "What I thmk siry irself arc not eager to talk oftheir about Ma rriotr would depend upon what connection to the private prison ind\lstry.

BY CANDACE CHAN

The Rowell Room: From Cltmromn w C<l[e

Rowell Room to Be Converted Renovations will make way for coffee and couches BY } ENNIFER WEINBERGER

Proposed renovations to the Rowell Room promise to improve both the aesthetic appearance and the communal atmosphere at the Faculty of Law, claims Assistant Dean Lois Chiang. The Rowell Room renovation, slated for completion in September, 2001, is only the fin>t and long-anticipated step in part ofa large project to restore the physical structure of the law school. The $350,000 required was acquired by fundraising efforts by the school.

When asked what sparked this plan, Chrang gave voice to the need for a "common meeting space in our school where members of the community can get together. [In this school], there is a strong need for a physical space that reflects the excellence of the quality of work we produce and the student body that we attract".

Kathy Tam, the law school's ChiefAdministrative Officer, says the Rowell Room will serve a communal function by acting as both a cafeteria and a lounge. Earlier this year, a survey was circulated to all law school stu· dents in an effort to gage student food preferences. Although the menu has not been fi. nalizcd yet, it has been determined that Marriott, the company currently providing food for the school, will continue to function in that capacity. Additionally, the price of food in the new location should be consistent wtth current pnces~ Starbucks is involved in negotiations regarding the possibility of providing coffee to the school.

A team from the firm of Taylor Hariri Pontarini Architects has been hired for the renovations task. FranciS LaPointe, the construction administrator of the project, said that the room "used to be a conservatory. Our intention is to rerum the room to its origmal style and create a liveable space." To fulfil

this mandate, the Rowell Room will be redone from floor to ceiling. "The rug that currently covers the floor will be lifted, to reveal the mosaic it is covering. This will give users a hint of whnt this room used to be". The conversion of the Rowell Room into a law school retreat will further include a "new drop ceiling and new lighting to go along wtth chc open, casual feeling of the room," according to Jrllran Aimis, the project manager of the remwmions team.

The ~tructural changes are only part of the effort to enhance the communal function it will :-em:. The room \\ill be furnished with clusters of couches, lounge chairs, and coffe.:! tables, all grouped to enhance the anticipated relaxed atmosphere. Further, the room will be equipped with hook-ups for laptops and modems.

It is hoped that the effect of the renovations on the law school will be a positive one on both students and faculty members. "If more people have a chance to hang out and relate on a level as more than law scuJcnts, this will be a massive improvement. Rrght now, no one wants to spend time here," stated Edan Howell, one student member of the User's Committee, which has been appointed to deal with the communal element of the law school. "It is hoped that the professors will use this lounge as well."

Students who were asked about the renovations generally indicated approval for the long-awaited plan, despite the fact that the proposed renovations will eliminate one more classroom when space is already limited.

According to third-yea r student Gary Quedado, "the Rotunda is definitely not amenable to conversation; it's dark and there arc always people walking through. Tius new room will be more casual and exciting. Plus, it lets us sleep in places other than the library."

Brinley Evans graduated in 1994, and is currently an associate with Blaney McMurtry LLP, practicing primarily in the areas of family law and in cases of institutional liability for sexual assault.

While at the U ofT Law, Evans was the student charr of the Centre for SpaniSh Speaking Peoples, which worked in coalition with Kensington Bellwoods Community Legal Services. "This was most valuable extracurricular activity that I was engaged in, as it gave me direct client contact, litigation experience in tribunal hearings, and I was moti· vated to learn a second language," Evans says.

The experience also helped Evans eliminate prospective areas of practice. "I was so disappointed by the calibre of the tribunal members in the Immigration Department that I could not see myself conducting hearings there over a lifetime."

After graduation, Evans articled for a small litigation firm, Pol ten & Hodder, where she spent two years as an associate, working mainly in civil litigation. "I was permitted to cake on any case I chose, whether legally ardcd or not, on the premise that I should choose work with rhe greatest learning potential. I made very little money but got great litigation experience."

Evans joined Blaney McMurtry in 1996. The manner in which Evans landed this position gives a ray of hope to those students who don't choose to remain at their artiding firms. According to Evans, the positron "was advertised as a maternity leave contract ... The person I was replacing came back on a part-time basis, and I continued on a permanent, full-time basis when she returned."

Evans says that her days are filled with "neg<Y tiating settlements, implementing settlements, or assisting in the financial disclosure process, which is key to successfully negotiating. I am in court on average once per week, and I usually have four to six trials per year scheduled."

Evans also has particular expertise in "child abductions and hearings under the Hague Convention on the Civil Aspects of Child Abduction," an area in which she is more frequently engaged than the average family lawyer.

Although she is never bored in her work, Evans warns, "I would never counsel anyone to focus exclusively on family law ... It is a fascinating area of law to combine with a focus on tax, estates or other litigation." Moreover, "the job involves working with chronically unhappy people, which can be trying."

When asked about the future of family law, Evans notes, "if the last eight years are any indication, we will see further moves away from traditional litigation to alternatives such a!> mediation, arbitration, and colbb<.1mtivc b.W)Icr-

ing." She adds, "I cannor say rhar f::~mily law is an area ro enter bec;1usc of nn explosion of

growth. However, family law is an enduring area which is relatively rece!\Sion-proof, and not vulnerable to down-turns in specific industries."

Evans can be contacted at (416) 593-3916.

Jonathan D awe

BY CANDACE CHAN

Since graduation from U ofT Law in 1994, Jonathan Dawe has pursued a career in criminal law. He is currently an associate lawyer in the criminal law division of Sack Goldblatt Mitchell, and is an adjunct faculty member of the Faculty of Law, co-instructing a course on criminal procedure.

While at law school, Dawe was involved with the Gale Cup Moot and Downtown Legal Services. Following graduation, Dawe clerked for ChiefJustice Antonio Lamer of the Supreme Court ofCanada, and studied for his Masters ofLaw at Yale Law School.

Dawe procured his current posttion with a httle bit ofluck and U ofT connections.

Smce Dawe clerked at the Supreme Court, and didn't go through the articling process, he had few contacts in the criminal defence bar. Dawe felt he had litt\e chance of obtaining an assoc\ate po!>i.tion \\t a cr\.m\na\dcfcncc fun~. an~\ note!>,"\ h·"'\ \nOn:! 1.)1: \c.M. resigned myself ro raking a JOb IH a htg Bar Street firm for a few year~ co pay ott" mr

DAVIES WARD P HILLIPS

student loans." Rather fortuitously, in the springof1996, he heard that his fornlercrimi· nal procedure professor, Michael Code, was leaving the Attorney General's ministry to start a crimmal and consntutional practice ar Sack Goldblatt Mitchell with Melvyn Green and Frank Addario. He wrote to Code asking rfhe and his partners might be mterested in hiring a first-year associate, and received a positive response.

When asked about his typical day, Dawe stated, "since my practice is weighted towards appeals over trials, I spend much of my time working in the office, doing legal research and drafting memos and factums. Dunng a typical month, I might go to court four or five times." Despite relatively low pay [in comparison with Bay Street salaries] and long hours, Dawe describes his work as interesting and challenging, and is pleased by the opportunity to work with top-notch lawyers, and the fact that he doesn't have to wear a suit every day.

Dawe notes that the number of criminaldefence practices in Toronto with associate positions is fairly small, but suggests that a raise in the Legal Aid tariff is "rumoured to be in the works." He argues that such a raise would mean that "more firms would find it economica\\y feasih\e to hire a-;sociatcs ...and wou\d make it consi.dctab\'; C\\!ii.ct for new \\\w • '/Crt. to&et up tb.e\I ov.-n c:r\m\n'i\\ \<>w \~""'-\\<:.=:' \ awe:. \T\~~ \)c. ..:.an\..';\C.\.'=-'-\. '\"'1'f '=-'"''""~'\ ?L'

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First--year class sticks together Continued from page 1 isrration had made some errors about what they chose to disclose, such as the numbers of students. I don't think that was necessary." said first-year student Sachin Aggarwal.

According to Moran, however, "the media would have found out anyway. There were deliberations aboutgivmg the number, [but] we thought that we should be open about it."

Although many students are sympathetic to the students who are accused, some feel that the recent events have had a negative impact on the student body as a whole. "The first· year da!\.5 as a whole has stuck together,"

Aggarwal says "because most people know some of the students. There is dear division between upper-year students and first-year students. [The upper-year students] have alienated the first-year students in a way."

Second-year student Salim Hirji-Lalanr, who works at the university affairs division at Downtown Legal Services and has worked with students accused of academic dishonesty, points our that "for a lot ofstudents that are accused of academic dishonesty, it is very frightening." Hirji-Lalani thinks that "if the students aren't going to be expelled, it is hard to know what the school could do. It is unique

"If the students aren't going to be expelled, it is hard to know what the school could do, n -Salim Hirji~L:tlani (IT) not only because it is practice tests, but also because there arc so many students involved, but then should that even be relevant?"

As for the long-term effects and how December exams will be run in the future, no deci· sions have been made. "Not JUSt the adminis· tration," Moranpoint:sout, "but the faculty and students have identified a problem. The question of how we can deal with [next year's December exams] is a while down the road."

Benjamin Shmcwald, the incoming presi· dent of the Students' Law Society, says he is "concerned between wanting to see what happens in thb investigation and having something in place for next year's first-year class."

"There seems to be a variety of options available," McMahon said. "One that seems to be particularly popular is to have faculty make comments on the tests without assigning a grade. The policy will have to be changed for next year, and the student caucus would like to see a commitment to change sooner rather than later."

"The format is far too informal" Aggarwal said. "You don't feel as though your grades count for as much as they do."

For information on our articling and summer student programs, check us out at www.dwpv.com or contact: Frances Mahil Director, Student Affairs 416.367.6966

fmahil@dwpv.com

44TH Floor 1 First Canadian Place Toronto Canada MSX lBl Telephone: 416.863.0900 Fax: 416.863.0871

ULTRA VIRES

NEWS

6

.i. SAC ELECTIONS 2001 pJt ALL FULL-TIME UNDERGRADUATES - ~~·- ATTENTION

On the Road

UNIVERSITY

OF

TORONTO - S TUDENTS'

ADMINISTRATIVE

COUNCIL

From mooting to home building, students find all sorts of reasons to travel over Reading week U ofT's ]essop Team Wins Memorial Prize

BY CA!'IDACE CHAN AND }EN!'.lFER BoNNEVILLE

Andrew Gray, Pendo()~! Hansen, Dcra Nevin, and Karen Park will be heading to Washington, D.C., in April for the final round of the Jessop International Law Moot. The team won the memorial prize and came second m overall among fifteen team~ in the semi-final round held in Fredericton last month, and will now go on to compete with seventy teams from more than ~ixty countries.

U ofT's performance at the Wilson Moot this February was similarly rmpressivc. The ream of Estec Garfin, Rebecca Jones, Jacob Glick and .Vfrchad Dineen placed second, with hesr ora list going co Rebecca Jones.

The Jessop and Wrlson moots are just two of many competitions that have rakeh place over the past two months. Srudenrs from U ofT have also participated in the Callahan, Gale Cup, Niagara, Laskin and the Securities/Corporate mooting competitions, as well as the Sopinka Cup Advocacy Competition, gamer-

ing numerous awards and encomiums.

The students who parricipated expressed enthusiasm. Sarah Armstrong, who won best overall team w1th Rebecca Hayes at the Callahan moot, commented, "one thing th:tt made the moot a particularly great experience was the parricipation of so many members of the judiciary in judging the moot. The fact that they were all there our of respect for their friends and colleagues made it very spe· cia I for all of the mooters. It was also a very neat experience to get positive feedback from the very people you hope to persuade sometime down rhe road." Gillian Scott, another participant m the Callahan moot, shared this enthusiasm, remarking, "it was the best way to get two credits."

Park applauded student coaches for their hard work. "The student coaches and faculty advisor were integral to our success, and I don't think they get enough credit," she said. However, Park also offers one criticism of the program. Noting that the teams which surpassed U ofT in the competitions had tre· mendous faculty support for their mooting pro1,rrams, she remarked, "with the exception ofa few faculty advisors, I think the low level of supporr from the faculty at U ofT is atrocious in comparison to other schools."

Moot\.ni Honourab\e Mentions Ctr\Uman Mom • 77JC ream otS;lrah Annscmng and Rebecca HJrcs

won first-place ·Sarah Armstrong "'On tir;r place fix best oralist; Derek Allen was second, and Anna Marrison was third. · Best appellant factum went to Michelle Henry and Mindy Noble, best respondent factum went to Derek Allen and Eunice Machado

Gale Cup · Salim Hirji-Lalani, Katie Sykes, Ian Campbell and Em1ly Morton, coached by Andrew Gray and faculty advisor Profe~sor Martha Shaffer, won ~c­ ond place for their factum.

Nwgara Moot Compeunon

·julie Maclean, Alba Sandre, Alix Dostal and

Dan Murdoch were coached by Cory Exner and faculty advisor Profe~sor Kevin Davis. Dostal won fifth prize for best oralist.

Laskin Moot (Bilmgual moot) · Adrian Oi Giovanni, Sophia Reibetanz, ]en Danahy and Eileen Costello placed third overall, with Reibetanz winning second best oralist, and Danahy placing third overalL ·The team was coached by Matt Homer and usa Dufraimont and faculty advisor, Professor Oavtd Oyzenhaus.

Secunues/Corporate Moot

Sopinka Cup Adi!OCac:Y Competiuon ·Eileen uNello won for best cross-examination. ~tello and team-mate Nick Adam.son both won pra1se for their presentations.

·Matt Sammon, Scot Patnqum, Mike Hollinger and Nick Fawcett, coached by James Hoffner and Tim Meadowcroft and faculty advisor Profcso;or Edward Iacobucci, won second place for their factum and fifth place for best oralists.

MAPIL members attend Rebellious Lavryering Conference at Yale

I

j•] :.

U.S.-ba~ed sunrcgtes, we hsrcn and learn. We're getting many tJca~ for

Fcbruar)· l ~. 2001

DcarU ofT, Seven of u~ are here in New Haven, Cc., home ofthin-crust pizza and one of the oldest, we:1lthicst and m~>st re.spectcd law school~ around - Y:tle.

We're attendmg the Seventh Amn1al Rel'<!Uious L'\\\'YeringConference; a \\eckcnd ofspcakers and workshops ce~tred around public interest l;~w, JUdicial activism and social change.

Topics include: gay rights, anri~dcath pen:tltyacrivism, animal right~ prison and immigrant labour, rncial profiling

and resisting suburban sprawl.

Although a lot of the discussion revolves around American politics and

MAPIL, mduding researchmg fellowships. creating o puhlic mterest prc~ence at :tU Canadian law ~chooh, and tc;tming up with Osgoodc Law &hools to face social problems in Toronto. We hope to u.se this experience in order to hold a Canadian-version of rhe conference. Imagine, a rcbelhous lawyering conference at the U ofTi Bay Strcet'll think we've gone progressive!

Oh, our pizza is here! Gotta go eat, drink and be merry!

Thinking of;ou, The gang /rom 1-.fdndare for Pubk

Imerest LAw

Harraher and Russell build hope ~cond-ycar stt«.k>nt Nramh Harraher anJ

thnJ ywr swd1.'ftL An.irea Rum:ll wemw South 01mlma over reading week to JOm smdems from other universities building homes for Habrtat for Humanrl)'.

Nled adviCe on ceii.Jia-1 For pa-sonal .-vee call EM Pull;n 416-923-9DJ with ;rry wteless qAStlon. We ..-e lxillad mnJIIIS fi'om 'hi U. ofT. law School. and will daltver ID va.r doa.

U........,w"'"-1;; ~..uno

z

Dear U ofT, Friends and family didn't believe me: ")ou're going where to learn about public iruer~~t law~" But the apparent extremes on I}• made the expcnence more enJoyclhle. As representatives of Mandate fur Public Interest Law, Greg Barclay and Teri Buran4 and I spent the weekend at the National Assccia· tion ofPubhc Interest Law {NAPIL) student leadership retreat-held in the

retreat, and we felt very welcome.

There is much we can learn from the more established public interest legal community south of the border. creative fund-raismg ideas, popular public service prOJCCts, and a growing trend ofloan repa)'lltent program~ for swdent~ who take jobs in public interest law. Free evening~ rounded out a great weekend, leaving u~ tired and poorer· hut motivated and full ofidt..-as for 1mproving our publtc mterest program here at UofT

crazy City of La~ Vega~.

It was the ftrst time a Canadian contingent had attended the annual

Wish you were h£r.:, Leigh Sa~rg

Ends Wed, March 28th of 11:59pm Elect!on Begins Thursday, March 29th, 2001 Election Ends Sunday, April 1st, 2001 • • VISit:

More information on the elections

www.sac.utorOnto.ca or call 978 4911 X225

Check out the section with detailed information on how to vote via rosi

Vote via the web at www.rosi.utoronto.ca

SAC REFERENDUM QUESTIONS 1) Are y~u in favour ?f ~n increase of 69¢ in the SAC fee (paid by a\\ fu\\-time undergraduate students ea.cn academiC year) begtnntng in the fa\\/winter 200'\ /02 academ\c 'Jear \o support. tne \..:ad'J Goowa W\emona\ ~nao.. the official Meandeling Bnad of the Students· Administrative CounciP 2) Are you in favour of an increase of $2.00 (refundable) in the SAC fee (paid by all full-time undergraduate students each academic year) beginning in the fall/winter 2001/02 academic year to support UTPulse Magazine?

3) As approved by a previous referendum, SAC is authorized to request increases of up to 10% in the SAC Dental Plan Fee. Next year, this would result in an increase of $7.90 from $78.95 to $86.85 (plus applicable taxes).

Based on negotiations, if limited by this amount, the number of complete exams, x-rays, pain control treatments, and units of scaling will be reduced and restrictions would be placed on polishing, fluoride treatments, impacted extractions, space maintainers, sealants, emergency exams, specialist exams, treatment of infections, tests and units of scaling. Dental consultations and diagnostic casts would no longer be covered.

11110•-· ..

~

Do cellular ads make you daffy?

SAC is seeking your approval for a larger increase in the fee in order to maintain current coverage.

Are you in favour of an increase of up to $11.85 (plus applicable taxes) in the SAC Dental Plan Fee (paid by all full-time undergraduate students each academic year) beginning in the fall/winter 2001/02 academic year in order to maintain current Dental Plan coverage?

4) As approved by a previous referendum, SAC is authorized to request increases of up to 10% in the SAC Health Plan Fee. Next year, this would result in an increase of $6.08 from $60.75 to $66.83 (plus applicable taxes).

Based on negotiations, if limited by this amount, prescription drug coverage would be reduced from an 80% reimbursement to a 70% reimbursement.

Las Vegas unlikely location for public interest law conference March 10,2001

Com~oigning

SAC is seeking your approval for a larger increase in the fee in order to maintain current coverage.

Are you in favour of an increase of $12.76 (plus applicable taxes) in the SAC Health Plan Fee (paid by all full-time undergraduate students each academic year) beginning in the fall/winter 2001/02 academic year in order to maintain current prescription drug coverage?

£TE LUSJU Cellular Systems, 25 Davef1)01't Road, Toronto, M5R 1H2, 416-923-9300

5) Are you in favour of one-year-only increase of $1.00 in the SAC fee (paid by all full-time undergraduate students each academic year) in the fall/winter 2001/02 academic year to facilitate funding multi-faith prayer space?

6) At present, all full-time undergraduate students pay each academic year a $1.25 fee to The Varsity newspaper approved by the Governing Council of the University of Toronto.

In your opinion, should the $1.25 Varsity fee be eliminated?

Issued on the authority of Paul Kutasi, Chief Returning Officer, 2001

N EWS

8

ULTRA VIRES

20 MARCH 200 I

NEWS

9

Students Celebrate International Women's Day The Real law

Students Disappointed with

Limited Exchange Opportunities

Women still under.-represented in legal profession

BY EsrtE GARFIN

Administration has plans to expand

BY Loru STEIN

ration," explained a student who wished to remain anonymous, "but its marketing as a global school is really disappointing. Our inoe~pite its reputation as an international ternational cour~es are pretty scarce, the exschool, U ofT law's choices of exchange pro· grams has caused some disappointment in the change program is laughable ... the interna· tional flavour is trumped up and hollow." student body. Mjlny law students who at· The Law/MBA Association has been lob· tended February's exchange information session found the selection meagre at best, e~pe­ bying Ch.ang, but she will not consent unless cially smce three schools require fluency in the Rotman School of Management agrees to permit one of its French. "1l1e lack of ''The lack of choice is padletic, especiaUy requirements to be choice is pathetic," fulfilled on the ex· since U ofT holds 1 tself out as a global The new SLS executive: (left 10 right),Sudit Raruu.le, Benjie Sluncwald, and Alba Sandre. complained Bess change.

"They're Law Faculcy.

I I Bess}offe al) Joffe (II). "especially doing a combined since U ofT holds degree, not two separate degrees," Chiang itself out as th1s 'global' Law Faculty."

In the 2000/01 academic year, 171aw stu· explained, "part of the rationale in shaving dencs went on exchanges, and many more off a year was that third and fourth yea r have expressed interest in semesters abroad courses must complement each other."

Law/MBA students are not convinced that for the 2001/02 acaqemic year. Currently, the Faculty ofLaw offers four semester-long a semester away would dilute their degrees exchanges to Paris, Lyon, Laval, Quebec, and any more than it does so for students in the U.B program. "We're trying to understand Barbados. school pride. "The intermingling between stuBY ANDRES PELENUR Several other exchanges are available to law what the two positions (Law and Managedents and faculty outstde the classroom is esment) are so maybe we can help .. .I fit means students through the University ofToronto's sential to a positive atmosphere around the Benjamm Shinewald has been elected as the going to find a Law/MBA school on our own, International Student Exchange Office law school." new president of the Student Law Society we're willing to do all the legwork ourselves, (ISXO). However, even the ISXO's selecLooking back, outgoing president, Anna (SLS). Shinewald will form the new caucus tion i5limited, currently to Amsterdam, Hong but the school is still saying no."

Maria Oi Stasio feels rewarded in light of a While the United Kingdom seems like a along with Sudit Ranate, Alba Sandre (ViceKong, Singapore, and New South Wales. busy and challenging year, including her in· "Some ~cbooh W\tb wbicb the lSXO bas ar· \ogica\ destination for Canadian exchange Presidents) and Janesca Kydd (Secretary) . volvement with the Dean's Search Commit· Shinewa\d plans to begin his term with the t·.\nv,e~ e-y.c:.\v<\n'il,elo m\.'il,ht not \)e ac:.c:.e-ptab\e students, given snared \ega\ traditions, most tee and the Rowell Room renovations. The to the Law Faculty," Associate Dean Lois British law schools run full-year courses, mak- implementation of very specific goals. At the Chiang explained, "When students haven't ing a semester-long exchange impossible. The top ofhis list is creating a tentative calendar SLS also implemented a new po\icy that cen· tralizes the treasury of all the student clubs in gone to a proposed school before, we must Ontario Bar Admission Course's riming poses organizing major events for the entire acaorder to create a stronger fund-raising pres· consult with that school's law faculty, and another stumbling block for would-be ex· demic year. Its purpose is to improve the timconsider its reputation in its jurisdiction and change students. It begins in early May, while ing of events so as to reduce conflicts with ence. A specific point of pride for Oi Stasio was her involvement in the creation ofOLSA, the support offered to exchange students." the winter semesters of many European and academic activities as well as maximize aware· the Ontario Law Students Association, whose Chiang and Dean Ron Daniels are currently Austrahan schools do not end until late in ness and participation. Further to this goal, conducting a re\Tlew of the Law Faculty's May. Desptte timing difficulnes, Osgoode Shinewald would like to see the return of purpose, she said, is to "create a unified voice exchange program. "We're looking at cur- Hall's Web site boasts exchanges to India, monthly student pubs, increased faculty parfor all law students across Ontario regarding rent destinations, and where to expand to," France, Japan, Smgapore, and Italy. Top ticipation and even an expanded line of"law important issues." The six student presidents Chiang explained. "The idea is not just to go American law schools offer dozens of ex· clothing" with several quality accessories bear. from each Ontario law school will act as coun· away, but to get a more intimate connection changes, including semesters abroad at "sat· ing the U ofT Law name. Shinewald recogcil members. between what we're teaching here and ellite" locations of their home universities. nizes the importance of his role in fostering there." Chiang suggested forging relationships with law schools that are on the leading edge in particular subject areas, and perhaps arranging for co-supervision of exchange stu· dent papers by expert professors from U ofT Continued from page I that this is not only an individual loss, but an genuine commitment to process." She cites and the foreign school. the recent investigation into Professor Denise institutional loss as well. "Any good univer· Joffe, who recently arranged an exchange Mosher's departure is of concern, not only R~aume as an example of the lack of attensity needs dtversity and balance . .. we have a to Amsterdam for the fall of200 1, remarked, because she leaves the position ofdirector of tion paid to the requirement of"fair process." small enough group of people on the left and 'There are problems all along. The law school the combined program, but also because U of we've lost one of them."

More specifically, Mosher is looking forward ~hould usurp the process, so that law students Twill no longer have someone with her ex- to her role as academic director of the just have to apply [at the law school). and pertise in pov«;rty law. Professor Jim Phillips Parkdale program, one which she calls an Lois deals with the ISXO." Before the U of said he hopes a new poverty law expert will "exciting model for legal education." The Ts Exchange Officer M1randa Cheng inter- be hired to fill the gap, since "it would be program, which U ofT students can also parview~ law student applicants, Ch1ang reviews remarkable if in Toronto we didn't have a ticipate in, offers students the opportunity to their applications and gives provisional apperson who worked spend a ~emester at proval based on both the student's and the on 1ssues related to a legal clinic in or"We have a small enough group of school's credentials. Chiang acknowledged the poor, homeless· der to develop an people on the left and u•e't·e lost one ness and welfare." that the process is, "not ideal, because there understanding of of them.''- Professor ]im Phillips isn't one-stop shopping for students. However, Dean Ron Daniels both the social and was out of town and both the university and the law school are legal issues surinvolved, and I must respect the reciprocity unavailable for comment and others in the rounding poverty. As director, Mosher's role administration said they had not been ad- will be to teach students to "think about the ofour arrangement." vised of Mosher's departure. way the law, lawyers, and the legal system Law/MBA students are particularly frusMosher has much to look forward to in her contribute to marginalization and oppression" trated by the Law Faculty's limited exchange new position. In moving to Osgoode and and how these can be alleviated. program, which currently prohibits them from Mosher will be missed by her colleagues at going on exchanges. Combined degree stu· Parkdale, she is excited about participating dents pomt out that both Western and York in an administrative structure that is "much U ofT. Commenting on Mosher's departure, flatter" than at U ofT. Mosher adds that Professor Martha Shaffer said "I think it's an offer exchanges to Law/MBA students, and institutional procedures are important to her incredible loss for the faculty ... she made in· have considered going to other schools for that reason. "We came to U ofT for its repu- and that both of her new institutions have "a credible contnbutions." Phillips commented

Shinewald Elected SLS President

Plans for calendar of events and more pubs

Mosher to teach poverty law at Osgoode, Parkdale

UV's having a party!

Mark March 29th on your calendars and stay tuned for details ...

and Order U ofT hosts minority outreach day

A recent speaker panel from research firm Catalyst Canada revealed that the two larg· est problems women face in the legal profession are finding the right work-life balance and the lack of mentoring for women lawyers.

Jaime Carlson, co-chair of Women and the Law, states, "The Catalyst report is a really good instance of why Women and the Law is really important. Women in law school make up about 50 per cent of the student body and yet the number of women in different jobs in the legal profession, from associates to part· ners tO judges, is still really low. Compared with the increased numbers of students, the number of women in those jobs is increasing at a lower rate."

Bonnie Goldberg, Assistant Dean of Career Services, said that it is necessary to get this information out to students so that these barners can be overcome.

The Catalyst Canada speakers presented their recent report on women's careers in law at a luncheon sponsored by Women and the Law, the Career Development Office, and Borden Ladner Gervais LLP. The luncheon was one of two events held at U ofT law school to celebrate International Women's Day on March 8, a day which honours achtevements for women's equahty and is commemorated around the world with many

BY C ANDACE CHAN

On Feb. 22, criminal defence lawyer Julian Roy and federal prosecutor Gary Caracciolo gave the 76 high school students who partici· pated in this year's Secondary School Outreach Day a glimpse of real life in the legal profession.

During a session entitled "The Real Law and Order," Roy and Caracciolo showed a clip from the television series, and compared the clip with the practice of law in reality.

Notwithstanding the absence of the police officer who was slated to join Roy and Caracciolo, the session was very popular with U ofT's Women and the Law co-chairs Tamara Kuz-yk and]cume Carlson host a women's the students, mainly because of the rapport comedy fest to celebrate International Women's Day between the two lawyers. Warren Ragoonanan, one of the organizers of the different events, including marches, festivals, pie attended the luncheon, and more than event, explained, "Gary and Julian are friends, conferences and receptions.

60 people stopped by the comedyfest to fill Women and the Law also hosted a out quizzes and watch the shows. Tamara but they poked fun at each other and the comedyfest in the rotunda, where a number Kuzyk, co-chair of Women and the Law, ex- students really enjoyed that."

The third annual Secondary Schoo\ ofwomen's comedy programs were shown on plained that the "impetus behind this day was Outreach Day was organized by second--year video. The group distributed literature about the recognition of the fact that there are a lot students, Rikin Morzaria and Ragoonanan International Women's day and gave out quiz· of hard substantive issues that must be dealt (co-cbaus of the Pub\ic ~\Education Comzes about womens history. with where women are concerned. There's mittee), Ass\stant Dean Lo\., Ch\an\!,, <\nd The orgamzers were pleased with the turn· also a lot to celebrate and a \otto \augh a\:xmt ~Totcssot "Kcv\\"\ Dav'l>..\he U"<\'f -..ra<> <.\~\';&\'cU out at both events, noting that aho\lt 35 pea- and th~e ate both wor~h ..hO\nn~." t.u \"ROtnO\.t::. \~\. -.:a,. .~'-'C"'n a.~ ~...,';\,, ..

-·=============~---===========-=========:;:::::==================~) mgeo :r.tudcm~ from 'l"ugh ~choo,. 11cro.

-a''(\,C.'Y\'\:

Back--End Debt Relief May Not be Enough Students concerned relief program not growing as fast as tuition

BY ANNA Y ARMON

therefore must make choices about where and whether to article long before they re· Desptte reassurances from the university ceive any concrete indication about how about the existence of the back-end-debt-re· much debt relief will be available to them. hef (BEDR) program, which is designed to This, in tum, has raised alarm bells in stu· help students with lower incomes manage a dents who counted on this program in decid· high debt load when they graduate from law ing to come to U ofT. First-year student Paulina Wyrzkowski said school, some students and recent graduates that when she was deciding where to study feel that the they have been misled about the law she "was given the impression the U ofT program.

A recent graduate of the year 2000, who had a strong commitment to the human rights wished to remain anonymous, says that after program and that part of that was ensuring that students who chose to pursue careers in finding out the details of the BEDR program, this field would be she feels like she was "lied to, like the Fac- "The amount is just too low especially supported through the back-end-debt· ulty got want it for those considering careers in human 11 relief program." wanted out of me rights. - A!lyssa Case (I) Rachel Furey, a and now could care second-year student who staffed the law un· less." She feels "extremely stressed out, and ion table at the welcome day next for next extremely restricted in both my personal and year's first year class, similarly reports that "new educational/professional options." She wanted to pursue graduate work and work in students were telling me that their long· term human rights after law school and says that financial concerns were put at ease by the she "was assured these choices would be open administration's assurances about the BEDR to me and I not be restricted by educational program."

For students such as Tyler McLaren, who debt."

The Web site for the program indicates that has been accepted to the University ofVicto· the amount of money each applicant is enti· ria's faculty oflaw for next year, the high tui· tied to will be "pro-rated based on the aggre- tion fees at U ofT law school was the detergate amount of BEDR benefits claimed by mining factor in his decision not to apply. graduates and the funds available for ben- Despite virtually guaranteed acceptance at the U ofT, given his top LSAT score and efits." According to Aladdin Mohaghegh, high undergraduate marks, Mclaren chose the financial aid officer at the law school, to apply to the University of Victoria, only information about the funds available and which has one of the lowest law school tui· amount of benefits claimed is not available tion fees in Canada, atabout$1,450 per term. until after a student graduates. Students

First-year student Allyssa Case also points out that there is a concern "that the amount is just too low especially for those considering careers in human rights and who need to work in large metropolitan areas with h1gh costs of living." According to Mohaghegh, while the threshold salary for full BEDR benefits increases each year according to cost of living, the threshold is not pro-rated according to regional costs of living.

In the class of2000, nine students were determined to be eligible for back-end-debt relief. The available fund for this graduating class was $80, 000. In the first year of the program, $14,500 (or on average $1 ,611 each) was paid out to graduates.

While the program has been in place for two years, the class of200 1 will be the first h~ with the full-force of deregulated tuition to take advantage of the program. Since the class of2001 will on average be burdened with a higher debt-load than previous because ofthe tuition fee hikes that took place in their first year, Mohaghegh anticipates that the amount allotted to this class will be "much higher" than in previous years.

Grc:ucr Toronto.

About 200 scudcnr..o; from .,chc)(lf., m the Greater Toronto Area were e.xpectc.•d co .It· rend the event, however; che Toronto SchO<>I Board, which collected the registration forms fi-om rhe high schools, forgot co turn irs fax machine on, preventing many srudcnts fi-om

registering. Despite this set-back, Ragoonanan notes, "what's amazing is that in the last two days before the conference, when the Board finally turned the fax machine on, registra· tion numbers swelled from 20 to 76 studen~."

In addition to the "Real Law and Order" event, the students attended "small group" sessions, focused on topics such as "Is it okay if my friend buys COs from HMV, bums them and returns them?" and "Ifl get hurt, can I sue someone (and get rich like the person who sued McDonald's because the coffee was too hot)?" According to Chiang, the rationale behind these smaller sessions was that "qui· eter students might feel more comfortable talking in a smaller group."

Law students headed each of these "small gro~p" sessions. First-year student, Shara Wright, remarked, "the kids were more knowledgeable than I expected, and were excited to be there and asked a lot of questions." For Morzaria, leading a small group session was the highlight of the day. "It gave me the opportunity to get to know a tew of [the stu· dents] , and find out what the barriers are for them, perceived and real, to coming to uni· versity or even law school."

The high school students also attended a talk by Professor Peter Rosenthal, entitled "Looking at Law from Left-Field."

Despite the low attendance, the event's organizers were pleased with the outcome.

Ragoonanan notes, "the feedback from the students and the volunteers was really positive, and I think the students had a lot of fun."

SPECIAL

10

FEATURE

Law School Brings Andrea and Eva Closer ToN: ahle to ~pend more time with my part· ncr is the ren~on I came to law ~chool. For most people, th1s will not make any sense.

The fir~t year oflaw $Chool can be very difficult on rebtiomhips, as partners who arc nor lawyers or law :.tudcnt~ have a hard rime with the ma sivc time commitments and the :oingle-topic focus of its insular world. But for u~. my going ro law school b the ~olution to our not being able tO ~rend enough time together -now, and into our future.

C\'3 and I were havmg a long distance rclation.hip: I was hvmg in Virginia, she was li\·ing m Toronto. \Ve saw each other every few wee b. talked every day on the phone. But we wantt..'d ro move in together, start b·ing a ~hared daily life. Problem is, I am an American citi:en, she's Canadian. Immigrating to the United States is nearly impossible- there arc no provisions whatsoever for gay couples.

Andrc?a and Em are cxcued to be in the same city Immigrating to Canada IS actually feasiblebr applying ns an independent nirh "hum<Jniranan considera rions," we could make a case slim. I had to think about changing careers ... f<lr our n:Jacionslup. 1\ow we're waiting for I decided to go to law school.

Now, we have our daily lives together and mr mrcrvJen~ We'll know by the filii.

That's ofcourse only parr of rhe story: I was it's beautiful On weekda}·s, we get up at 6 reaching film scudies, a profession for which and have bre<lkf.1sr rogerher before Eva heads on!}· a handful ofjob~ ever open up and al- out for work at 7. She'sa highschool teacher, so unless she's coadung she usually gees done mo~t never where you wanr to live. My chances ofgetting a position in Toronto were before I do. I try to fit all my extracurricular

actiVIties in during the day, .so I can leave my nights free to ~rend rime with her. Sometimes ~he picks me up from school, and we go for dinner or catch a movie. Mo~rly I sec her at our home, where I cook (yes, I am "the girl'') and we talk about our days. I pretty much always have more work to do, but we usually watch our 10 o'clock TV shows together and, ofcourse, sleep...

I try to spend at least one day on the weekend law .)chool-frcc. We go out with our nonlaw friends, go to non-law events. I have brought Eva to several law school funcnons though, some panel discussions pn queer topics and social events sponsored by Univer~ity of Toronto - Out in Law (UTOIL). I am a very out person, ~o I'll pretty much bring her to anything that wouldn't bore her too much.

And I try to go to her events whenever she wants me to as well.

So chat's how going to law school has allowed me to spend more umc with my partner. Provided that Immigration Canada does the right thing, that's exactly the way it will stay. I'm happy in Canada, happy in law school, happy at the prospect of making our lives here. While many of my classmates arc dreaming about jobs in New York, I'm happy not to go there. Given the political climates of the two countries and the respect they afford to gay relationships, I am perfectly glad to be swimming up the brain drain.

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grams. Some of them will just be concerned nbout the strains legal studies might put on the relationship they already have.

What type of first year were }'OU on the first day? I was the "One of these guys? I don't think so" kind. Now I live with the love of my life. I met him • here. (Wow, I have something in common with the Dean and Rob Prichard.)

Whichever type of first year you were, chances arc you're looking forward to the $urn mer break so you can either spend more time with your sweetie, or spend time looking for one.

You've all spent enough time chis year being reasonable and now it's time to have fun. So read these stories oflaw school romances, look forward to some summer loving, and thank Brad for giving you ideas about what to do with your Evidence casebooks when term is over.

Soon you 'II be done with another y~:ar of school.Tiw nagging :.ensc that you ought to be working on your Crim paper in~tcad of ha\•ing fun will be gone, and a new batch of fiw years will shortly be wondering who they'll meet on their ftr~t day at the law faculty.

The new first years won't have to listen ro Rob Prichard tell his story al:x1ut how he met his wife here, but surely the Dean w11l wax eloquent about the matchmaking powers of shared summaries and Contracts confidences.

Some members of the new class will look around and think: "One of these guys? I don't think so." Others will sigh and gaze dreamily about, sadly unaware that depending on their orientation, they would have been much better off in the MBA or Social Work pro-

Wb:'Y Moore Will Never Date a Law Student

Preparations take precedent over law school

BY SARAH

ARMSTRONG

Much has changed in my world since my engagement to jeff on Dec. 27.

My assortment of multicoloured tabs are now used for marking pages in wedding magazines instead of summaries; the spots in my day-timer once reserved for dates with my cascbooks arc now used to make appointments with the Sarah and Jeff are n1.1hing 10 prepare for thetr wedding. priest, the florist, the OJ, the photographer, the dress-maker and the sets ofexams between now and then and we chef; and my after-class hours, while still filled can round the number off to five. Now conwith cxtra-curncular commitments, arc of- sider the fact that every plan that I make 1s ten spent either thinking or doing wedding- subsequently re-made by my mother and we related activities. can cut that number in half.

Most of my family members and friends That leaves Jeff and I with two-and-a-half think both Jeff and I arc nuts to be planning a months to take our mandatory marriage wedding while we are both in law ~chool. preparation course, finalize our guest hst, pick They may have a point. Technically, our out tuxedos, order dresses for bridesmaids, wedding is still nine months away, but with choose wedding rings, order invitations, fimy wedding of my brother, Jason Uune 1) nalize our menu, pick a flonst, go to fittings 2, and with the wedding of my roommate, 3, 4, 5 and 6 for my dress, attend \'3rious showMindy Uune 17), we can safely subtract one ers and bachelor parties, get cold feet, get month and call that number eight. lf we then over cold feet and straighten out our respecconsider the human rights internship, which tive golf games for the honeymoon. will take me to London for seven weeks, we Nuts or not,\ wouldn't want \tan'/ other Cl\1\

BY BRAD MOORE

L1w srudcnts arc a peculiar bunch. We talk about "saucr intruders," expectation interest~. section I analyses, and agency theories.

We think adverse possession is fascinating, Lord Denning is funny, and LaForest is too deferential to the legislature. We disagree about Harrison v. CarswcU, we spend weeks researching "moot" points, and we take oddly named couf!.C.S like "Bus Org" and "Baby Tax".

I'll never date a law student. Ever. This is primanly because dating someone else would ~eriously anger my girlfriend, as we have a no-dating-other-people arrangement. Bcy~nd that, however, llike being with my girlfncnd because she isn't in law school. Her name i~ Carrie, and she's a Socia\ Worker with the Chtldrcn's Aid Society in London, Ont. She spends her days dealing with some of SOCtcty's m~t troubled members and some of it's mo~t innocent victims. Sh~ goes into houses unescorted to meet wtth hostile and someumcs violent clients, she makes decisions that profoundly affect people's lives, and ~h~ provides guidance and friendshtp for ch1ldren who are now wards of the state. She works every day to help people, and mo:.t of them hare her for it. But I think she rocks.

Dating a non-law student is a pretty sweet deal. Don't get me wrong, law school can be an alright place to be, but sometimes it's great to leave it all behind and spend time with someone who doesn't make you think of the hearsay exceptions or specific performance.

Consider this· Carrie never uses the word "normative, "let alone in a thousand different contexts as most law students are prone to do. She has no theories on purely economic loss. She is unencumbered by the baf· fling nature of the common law/equity distinction. Yes, I've got it good.

Carrie and Brad at the Law Ball

It also works well with my friends. When Carrie comes to viSit, she brings something exotic to the group. She comes from the outside world, where law and economics isn't the lunchtime discourse, where people get up before ten o'clock five days a week, where people make money and pay bills on time.

There's an exciting air of responsibility about her, and her grown-up life allows us to appreciate the orgy of indulgence, laziness, and excess we call being a student.

Sometimes I wonder ifshe feels a bit like an outsider, though. Aftcra\1, we all have something in common, however lame, and it can sound awfully complicated and intimidating from the outside. {Remember bemg in September offirst year and listening to upper years calk breezily about section 7 violations? Ugh.) It's natural to feel a little left out of the loop in a situation like this. I remember attending several social work parties where terms like "countertransference" were being tossed around by people far more articulate than my-

self (although char's nor hard to be).

The upside, however, is that it can be pretty cool to explain your newfound wisdom to your partner. I used to love when Carrie explained to me her various functional and systemic theories, then recited Freud and · Erickson, et a!.. Of course my enthusiasm waned a bit when she applied those theories to my brutal communication skills, and I'm sure Carrie appreciates it when I tell her that her argument, however salient, follows an impermissible chain of reasoning. (A word to the wise: don't do this. Ever. I'm so serious.) For the most part, however, we get the benefit of the other's expertise and interests, and this works out pretty well.

I don't mean to say that fishing in the law school pond is all bad. Afterall, no one understands a law student like a law student, and not everyone spends their non-classtimc di$Cussing more law- my friends are evidence of this (presumably one must know some law in order to discuss it). As well, we've all done undergraduate and even graduate degrees in non-law subjects, so there's some possible fodder for conversation. There are practical advantages, too. You can go to class for ,each other, talk out difficult concepts, and make love on your pile of Evidence supplementary casebooks.

At the en? of the day, though, I'll take the non-law option. Sure there are drawbacks, but even these can be advantages. Carrie can't help me understand Bus Org, and I can't tell her when a client is countertransferring (I don't even know if I'm using that word correctly), but together we create an interesting cocktail of views and perspectives. So if you're thinking offishing in another pond, I'd recommend it. The intimate dialogue between you and your mate will never include a "saucy intruder;" but perhaps that's a good thing.

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The Wedding Planners: Sarah and Mindy

Sutntner Lovin'

BY BEATRICE v~u-..:. DIJK

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reduce the count to seven. Coru.idct tw~'

WO\'f.

BY ROBIN MAHOOD

Gary and Shirk), reat.ly for Orlando.

Dreams COme 1iue at Disneyworld

BY SH1RLEY MA.Roous

On May 28, 1999, I expected to wake up, go to work, and spend a relaxing evening with my boy· friend, Gary. I didn't expect to wake up, fly to Orlando, get engaged, and spend the next fi\'e days in Disney World wtth my fiance, Gary. But that's what March 28, 1999, brought, and it was the second happiest day ofmy life.

That morning, Gary woke me up, blindfolded me, and led me to a waiting car just outside our hUlldmg. During the drive, the driver w-as silent, Gary made casual conversation, and I sat still, bustly trying to figure out where we were going from the turns the car was making. After half an hour, the car stopped and Gary led me out and gave me a wrapped present. My job was to unwrap the pre~ent and figure out what was inside; only then was I allowed to rake the blindfold off. When I rippl·d off the wrapping paper, I felt a soft half sphere with two round plastic circles attached to it. Since_I'd know those Mickey Mouse ears anywhere, lrmmcdtately put them on my head, took

tile blindfold off, and found that Gary and I were standing in front ofPearson International Airport.

Our best friend, Amir Sperling, was also standing there with a camera, ready to capture the moment. Arnir had been our silent driver.

Four hour6later, Gary and I were in Orlando.

Fifteen hours later, Gary asked me to marry him as we stood outside the Canadian Pavilion in Epcot watching the fireworks. And thirteen and a half months later, Gary and I got married in Toronto.

July 16,2000, was the happiest day of my life. Because that was the day I expressed to eighty ofour family and friends how much I love Gary, who had known that I wanted to go to Disney World, who had spent six months planning our trip, who had kept his plan a secret from everyone but Amir, who had arranged time off work for us, who had packed one of everything I own and hidden the suitcase under our bed for two days, who had wound every clock in our apartment two hours forward so that I didn't find it suspicious to be WOken up at 6:00a.m., and who has given me the eight happiest years of my life.

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When my fiancee Katie and I decided to move out to Toronto I felt mildly guilty. I would be heading off to school each day with 180 potential friends.

Kat1c was coming to a city where she knew no one. TI1e transition was made much easier by the fact that many classmates became our friends rather than my friends. Be forewarned: this law-school closeness sometimes mamfests itself in a certain ' amount ofover-familiarity.

All year long I looked forward to our wedding day. On that day, Reverend Darlene Schneider from the Church of Positive Livmg led us through a ceremony that Katie and I had tried to script perfectly. In spite of all the plans, there was some improvisation. Our wedding day mcluded ten hours of thunderstorms, roasting hot dogs around a fire-pit, and late-night swimming. In addition, there were two cases of nudity. The law school can claim both nudists as irs own.

At four o'clock in the morning Katie and I went to bed. We headed upstairs to a guest room overlooking the ocean. At last we would be alone! Within mere moments oflying down our solitude was broken. Clad only in wet boxers, a drunk and sandy law classmate burst into the room. "All the beds arc taken, guys!"

he exclaimed. Then he observed what a big bed we had and promptly lay down, seemingly with little intention ofleaving. In a sense, 1t was extremely touching; after knowing Kane and me for only one year, he felt so close to us that wanted to spend our wedding night with us. Conversely though, there are moments that one does want to spend alone with one's Wlfe.

Fortunately, with a few gentle words of encouragement I managed to convince him that perhaps that wasn't the best idea, and off he stumbled, leaving my young bride and me alone. Of course, it should probably also be noted that although he did leave he didn't make it too far; when I woke up the next morning and went to the en suite to grab a glass of water there he was, sleeping on the floor. Our new friend, always there for useven when we want to be alone.

Mindy and Eric enrolled in marriage classes.

Meet with the florist, pick ouc rings, send in· vitations, calk to the Rabbi .... this is just a sam· pleofrhc casks on my co-do lise for cl1is month.

Everyone else is gearing up for exams, bur all I think about is getting married. Mr wedding, on Sunda~',)une 17, is only three months away.

Plannmg this kind ofevent, especwlly when both partners have huge families, is rime consuming, and when added to ocher activities like DLS, CHORUS, CLAIHR, and marachon training ... well, I just hope the Bcurve is really wide. The planning has been fun, though, and one thing we decided to do to help us focus on our relationship during thb busy time was to sign up for marriage classes.

Marriage classes for Je\vish couples arc voluntary, but when we received an invitation from our synagogue, my fiance, Eric, and I decided to sign up (actually, I decided, and in exchange for his attendance, I gave up tickets to a Hip concert to go to Ottawa and visit his parents over the Christmas break. Eric, of course, informed the entire class of this deal in the first session). The class, which was six weeks long, 1.5 hours per week, was run by Jewish Family and Child services, and attended by five other engaged couples. We discussed issues hke communication, division of chores, fair fighting, dealing with in-laws (essential to the planning of any wedding), and financial planning. In one session, our Rabbi spoke about the significance of different parts of a Jewish wedding ceremony.

Over all, we both enjoyed the classes, not only because it meant we had a set Tuesday night date, but also because we had an opportunity to talk about important issues that will arise in our marriage. The classes were great because they helped us focus on our relationship, and in the midst of the chaos of planning a wedding, this is a remmder we definitely needed .

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EDITORIAL

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ULTRA VIRES

Letters to the Editor Editor,

EDITORIAL

What Happened to Academic Freedom?

Last DcCt-'TObcli Computer Sctence Professor Charles Rackofftired offan e~matl declaring thar tbe Dec. 6 commcmonuion of14 women massacred at Montreal'.:; Ecok Pol;technique was "no differenr, and no more JUSri.tiable, than when organizations such as the KKK use £he murder ofa whire petron by a black person as an excuse co promote their agenda," While condemning che professor's remarks, U ofT president Robert Birgeneau de~ fended Rackotf's nght to expre$s his ideas as a fundamental prindpfc offree speech.

Radcoffwas protected by the university and i~ sttcng commitmenr ro academic ifee. dom. The university's statement ofpurpose reads:

W'ithin the unique unif.oersity cornext, the most crucial of aU lnmum rights are the rights of

freedcm of5/Jeech, academic free$m, and freedom ofresearch. Andwe af/imt that these rights

are meanmgle$$ rmlm they en~il the right to raise deeply disturbing q1.«!$tions andprovoCiltive c~llenges ~ the c~mhd beliefs Qjsociety at large and of the tmit~eTsity itstlf. lt is this human rtght to radJatl cntical teachinglind Ye$earch with which w Uttit!er$iry has a dury abooe aU w beccnc_emed;for there is •.• no other institution ... in. our modem liberal democracy, tdlich is me custodkln ~f this_most prec~WS and wtnerable right of the liberated human spirit. .ihe umvers\t:y U\')~c\d these fundamenra\ rights when it defended a ptofc~r who

\\'l<.eneU. 'Dec.etnbtt ~ Co:tem<m\e!. N \(\(\( ~opagancla. The ~me np,ht$ f>UffereJ a blow } when tbc uruvcn.ny \aunched an \n'\'~ttgation \nto a \aw ~hoo\ profe "01 who encrn 1raged

herscudenrs co engage in an acrofpolitical protest. The ittecondlable treatment ofRackotf and Reaume could mean rhar the tna'it provocative and engaging ideas are left unsaid.

Reflections from our Editor. .in. . Chief In, Septem~.er 1999 the front page headline of Ultra Vires read "Law students launch ~H:wsp~~r. It has now been two year~ and 12 issues since we ran that story and began a )ournal.stic adventure at the law school. As I give up my two·yearreign as Editor~in-Chief I have observed some bookends that tie the fitst and twelfth issue~ rogerhet.

The headlme of another front page story in Sept. 1999 read:" FlaveUe renovations to increase ~tudent space." Now, two years later, we are runntn~ an amazingly similar story announctng that Rowell Room renovations are about to begin (seep. 4) .In our first issue Angus Grant refl:Cted on his experience in Nunavut the summer rhat this new recriro~ came to be. Now~ tn 2001, Nunavut has just announced the cstabl ishment of a law school anJ Angus has ~>h~red ht\.excitement for this project in ow legaltssues section (~ee p.l3).

Perhaps the m~t mreres~ng bookend c()mcs from a quote in our Sept. 1999 .ssue in which Prof~sor Deruse Reaume lends her support to the paper saying that rt "ought to improve enc::nous~y the quality of public debate around this law school on matters ofimportance to e ennre law school commtlnity." This one's relation to 2001 goes without saying lndbetween these bookend~>, Ultra Vires has publ1shed stories that have aimed toinf~ stu .ems, engage. them, and make them laugh. Through Ukra Vtresl have had rheopportun•~ ~o work wtth some of the most talented people, whose dedication. enthusiasm and creativtry amazes me i~ every issue. I want to thank everyone who contributed to UV _ ~~ mas_d~.' the wnters and out many readers. & I pass the torch on to next year's ttotHnfUitef.V~oah Gt;rerman and Dan Murdoch, I look. forward to watching the next c prcr o tra tees unrold. _ Meussa Kluger

ha

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 hope to foster a sense of community w1th1n the Faculty of law, the University as a whole. and the greater Toronto area. Our mission is to increase student awareness of legal and social issues and, in tum, to encourage our peers to contnbute to the many communities of which we are a part.

As ChiefJustice of the Moot Court this year, I have experienced the frustration of attempting to secure faculty involvement in student activities. To put it mildly, trying to get most faculty members involved in anythmg that takes them outside of the classroom is like pulling teeth. The second-year compulsory moots - an academic requirement, faculty sponsored- was perhaps the greatest example of this phenomenon. The total commit· ment required was two hours of their time to judge one moot. Only after various email messages of"encouragement" from Associate Dean Mayo Moran, and door-to-door so· liciting by the registrars, did we manage to fill up the moots.

Why bring this up now? I feel it is my duty, in the face of the recent marks controversy, to single out the involvement ofone particular professor. I can count on one hand the number offaculty members who actually take an active interest in student activities. One of the most involved and most vocal advocates of student concerns is Denise Reaume.

It pains me to see that her reward for student advocacy is an investigation by the univer· sity. This is upsetting for two reasons- first, it seems that the administration is using Professor Reaume as a scapegoat. As is often the case at this fine institution, the interests of Bay Street trump the interests of students.

God forbid a professor should make a statement aga1nst the interests of Bay Street. If Editor, this gets out to the firms, Firm A may not fund the next karaoke pub, or students might L1sr issue's editorial suggested that the daily not get the1r funky travel mugs next year at papers might be practising predatory pricing. the career fair.

Not likely. Ultra Vires' experience demon· Rather than finding a solution to this prob- strates how easy it is to enter the student newslem, the law school community is involved in paper market. Without barriers to entry, there ~n exercise ofblame-shifting. At some point, is little chance of the Star's freebies lessening 1t would be refreshing to see someone stand competition and causing poorer coverage of up and take responsibility for their actions. I the issues that matter on campus. While it admit, I wasn't in Professor Reaume's class. I may take hard work to start a new paper, it didn't hear her exact words, didn't catch her cannot be seriously suggested that once the tone of voice or watch her facial express1ons. dailies drive student papers out of the market But I have seen her caring and her willingthey will be able to raise prices to students' ness to be involved in the student aspect of detnment. law school.

Secondly, we should urge the Varsity (and - Stephanie Gibson (III) other papers) to embrace the challenges posed by the dailies by becoming more innovative Editor• and proving their value to advertisers and readers alike. Surely an anti-establishment From a pedagogic perspective, a difficulty tirade would be both more effective and conwith a "resist Bay Street pressure" strategy of sistent with the princ1ples of free speech in claiming straight As en masse is, inter alia, combating the back-room scheming of corthat those so exhorted would love to have porate fatcats and pig-dogs (advocates can straight As in any event. For a student to feel free to borrow that phrase). Some good, ad~pt the strategy, therefore, is to take a step old fashioned rabble rousing would also be wh1ch, should others not follow suit, looks like more interesting to all of us than another stua misrepresentation taken for personal gain. dent group whining to the administration.

A strategy to truly test student cohesion, I - Mike HoUinger (II)

Editor-In-Chief Melissa Kluger News (University Affairs) Tim Wilbur

would have thought, would be for students to claim straight As on their interim reports.

That way, a prospective employer would have £0 disregard clte marks in order to take a candidate seriously, as no student with straight Fs would make the first cut on application of any firm's standard htring cnteria.

Speaking of'straight' grades and issues, at a recent meeting ofUTOIL (U ofT Out in Law - lesbian and gay students and their supporters), those of us in attendance unani· mously supported the idea ofall first-year Faculty of Law students banding together and each claiming to be gay on their c. v.'s- pro· spective employers would then have to resign themselves to hiring lesbian and gay candi· dates, or else (and here is the catch) ignore U ofT altogether and hire from, say, Queen's (•) instead (a strategy unlikely to succeed in avoiding the queer population).

The mass misrepresentation of sexual ori· entation would offer this certainty to employers- even though it is unlikely that all candidates are in fact gay or lesbian, it is certain that some are: a residual comfort can then be taken that not everyone is misrepresenting him- or herself. I hazard that a greater number of the first-year class would be in fact be telling the truth, than the number who genu· inely earned straight ''P\' grades . ..

- Lucy McSweeney, LL.M. candidate, LL.B. (•Queen's)

Business Menager Bess Joffe

News (Student Affairs) Production & Design Candace Chan Antonia Yee Features Editor Salman Haq Beatrice van Dijk On·llne Editor Editorial Page Editor Andres Pelenur Attila Ataner Advertising Manager legal Issues Editor Dan Murdoch Dan Murdoch Photography Diversions Editor Melissa Kluger Noah Gitterman Ryan Baker Copy Editor Samer Muscati

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.

Communications Centre Falconer Hall 84 Queen's Park Crescent Toronto, Ontario MSS2C5 ultra.vires@ utoronto.ca www.law.utoronto.ca/ultravires Advertising inquiries should be sent to the attention of the advertising manager at ultra.vires@ utoronto.ca Ultra Vires Is published monthly, and is pnnted by Weller Publishing in Toronto.

Circulation 2,000.

The next issue will be in September, 2001 .

20 MARCH 2001

13

LEGAL IssuEs

Nunavut School Redefines Legal Education Media criticism of fledgling program unfair B Y ANGUS GRANT

A couple of weeks ago, the Globe and Mail reported on the creation of the Akitstraq Law School, a fully accredited LL.B program in Canada's newest tern tory- Nunavut. The program will be affiliated with the University of Victoria Faculty of Law and will represent an unparalleled experiment in legal education. The media has focused on peripheral issues, with headlines referring to the possibility that the school may accept high school dropouts and students with criminal records.

Such criticisms fail to recognize the importance of Akitsiraq.

Nunavut came into existence in the Spring of 1999. I spent that summer in the territory, working with the Inuit representative body that negotiated, and now oversees, the im· plementation of the Nunavut Land Claims Agreement. As a member of the legal de· paronent, I often sat in on meetings with Inuit leadership and their (invariably) white legal counsel. Inuit leaders are intimately familiar with the technical machinations of the huge land claims agreement. The fact that they are not lawyers limits what they can do, cre· ating dependence on "southern" lawyers who may know the law, but arc limited in their capacity to advocate on behalf of the Inuit.

This fact was not lost on Inuit community members who, over the course of the sum· mer that I was in lqaluit, formed a group to contemplate the creation of a law program m Nunavut. The community members

sought to establish a law program that would at law schools woull have to be altered. be recognized anywhere in the country, but Nunavut has few university graduates, and that would also focus on issues central to Inuit there was a general recognmon that the needs.

LSAT could not appropriately assess the abiliMany people were initially skeptical about ties of prospective Inuit students. the possibility of ere· With this backdrop, 'Southem' lawyers ... may know the the law school group acing a law school in the new territory, but law, but are limited in their capacity approached the Uni· it soon became appar· versity of Victoria Fac· to advocate on behalf of the Inuit. ent that the idea was ulty of Law about the both plausible and necessary. Under the land possibility of creating an autonomous yet af· claims agreement, the federal government filiated LL.B. program that would rely on Vic· and the newly created territorial government toria professors, but that would be located enhave obligated themselves to achieve popu- tirely in Iqaluit. The faculty, led by Dean lation-reflective hiring over the next twenty Jaime Cassels, was immediately receptive to years. This means that by 2020 more than 85 the idea. They understood the importance of per cent of all public sector jobs should be providing the program in Nunavut, and were held by Inuit, reflecting the population open to creative ideas about both curriculum demographics of the territory. Both levels of con tent and admissions criteria. Over the past government recognized that in order to ac· year and a half, most of the details of the complish hiring targets, active measures program have been finalized, and it is set to would have to be taken in providing Inuit begin this September. communities with the skills required in staffIn writing about this remarkable program, ing a government. and in light of the attacks on its legitimacy, I From the outset, it was evident that, to be cannot help but reflect on our own faculty's successful, the program would have to ad- increasing preoccupation with international dress two key issues. First, the program would prestige. I first started thinking about this have to be offered in Nunavut. Programs that when I had to decide whether I wanted my sent individual Inuit students to universities degree to be a J.D. or an LL.B. Initially indif· in the south had been tried in the past and ferent to the issue, I began to think about the failed. Cultural dislocation, the lack of linimplicattons of a program that implicitly, if guistic support and family responsibilities of· not explicitly, requires applicants to have an ten resulted in Inuit university students re· undergraduate degree. The J.D. is a second turning home before receiving theu degrees.

Please see "l..eaming"page 14 Second, the admissions policy normally used

To LL.B. or Not to LL.B.

BY MATIHEW HoRNER

Have you ever been to a country club? I think that I went to one once, and all that I re· member is that you got this card and you checked off all the food that you were going to eat. I think they may also do this in some Chinese restaurants. The point is, I remember it being a lot of fun. Well, you can imag· ine, then, how excited I was to find out that the law school has taken this approach to the furnishing of academic degrees. There it was in black and white on my computer screen, a form by which, through the simple check· ing of a box, I could have my choice of degree. The selection was, unfortunately, quite limited - unlike the country club, you could only choose between "LL.B." and ").D." No box for "Gin & Tonic."

This lack ofoptions was my first problem with the new system. In the old days, when they just gave everyone a degree based on the courses they took, I would have been happy with anything they gave me. But today we live in the Internet age, we have choice, we have freedom, and so I desire to exercise my free will in a manner un· encumbered by externalities. There are so many great degrees out there, why should I have to settle for a J.D. or a LL.B.? For instance, I used to like that show ER, and they all had MOs. Why can't I have an MD? And why stop there? I recently became a minister with . the Universal Life

Church (you should try it, its free and takes rwo minutes at www.ulc.org), and they offer several doctorate degrees for a small fee. The way I figure it, if 25 bucks can make me a Doctor oflmrnortality or a Universal Philosopher of Absolute Reality at ULC, then my $30,000 to U ofT should get me something equally cool-sounding. But apparently the answer is no. "The Man" doesn't approve of such "out-of-the box" thinkmg,leavmg me no choice but to choose between the labori· ous LL.B. and the jaded J.D. So there I was, pen m hand, desperately trying to decide between the two. Now, Dean-o says that the J.D. is a great thing be-

Ladies Looe Cool Mau, Auomey-at-Law cause now we can go to the United States and we don't have to explain that we are far supenor to other LL.B.s in the Commonwealth because we had a wnole other degree before we started law school. Personally, I find it

somewhat dubious that four years of beer· swilling and ''Art of Listening" classes make one a better lawyer, but whatever. On the other side, some people have their hair in a tizzy because the J.D. represents the Americanization of our fair school. Urn, sorry kids, but I think that boat bas already sailed.

So when I really got down to doing my duty and marking my X, I realized that this was all an issue of aesthetics. What looks and sounds better, an LL.B. or a J.D.? First off, if your first or last name begins with a "B", the LL.B. wins hands down. As we all know, LL Cool ]'s name stands for "Ladies Love Cool James." Thus, a Barry, or a Baker, upon receiving an LL.B., can simply add their name to the "B", slide in a "Cool", and have their business card read "LL Cool Bob, Attorncy~at-Law." Wicked! Unfortunately, my name does not start with a "B", so I had to turn to other considerations. Visually, the LL.B ts dearly the more attractive of the two.

The hard angles of the I.:s contrast nicely with the curved finish of the B. The J.D. meanwhile, is all too curvy and soft, and no judge will ever give you the time of day, thinking that you are some sort of pansy. On the other hand, there is an attractive simplicity to the two letters of the J.D. That, and if you wear a monocle and top hat with your J.D., you can call yourself doctor.

In the end, I couldn't make up my mind, so I guess its off to grad school for me. Why? Well, "Ladtes Love Cool Matt, Attorney-at-Law."

(.

The Politics of Globalization

BY DENISE REAUME

GlobalizatiOn IS in the air in this law school.

"It has something for everyone," we're told.

"Everybody should be doing it." It seems like the perfect umbrella. Everyone from the corporate lawyer to the human rights lawyer, folks from the left to the right of the political spectrum, can fit under it. Right?

It's true that human rights and social justice can be pursued under the rubnc ofglobali· zation, but I'm uncomfortable with the internationalization of the agenda of politically progressive forces in law.

I see the current trend toward intema· tionalization ofsocial justice issues as evidence of the ultimate powerlessness of progressive legal politics. Thmk about it.

The past century has been characterized by the effort to democratize legal institutions and make them work for the benefit of all the people- not just the aristocracy, or the captains of industry, or the dot.com billion· aires. But while there have been successes, there IS also no doubt who is winning overall. And a pattern has emerged in progressive lawyering. Law being a hierarchical authority structure, advocates for social justice have appealed to progressively higher sources of authority to press forward after each setback.

When the \ega\ S'j::.tem was dominated 'D'/ the common\aw, the tecogn\t\On that contract and torr doccrine were biased against trade unions and workers, for example, prompted an appeal ro the next highest level ofauthority- parliament- to replace the common law rules with statu· tory schemes chat would better protect people from the excesses ofeconomic power. That did make things better for a while- quite a long while, actually.

But ultimately legislatures were recap· tured by the powerful or simply failed to deliver on the next generation of progres· sive reforms. So the reformers appealed to an even higher level oflegal authority.

They campaigned for an entrenched Charter of Rights and set about to use the constitution to force the legislatures to do the right thing- or at least prevent them from doing bad things. And that worked too, for a while- at least here and there.

But the courts too have often failed ro fulfill the hopes ofsocial justice activists. The equality agenda has stalled, with the debate on social and economic rights havmg barely gotten off the ground.

So what's a progressive lawyer to do?

There's only one h1gher level of authority left- the international realm. So the focus has shifted to the use of the Unued Nations • to chastise Canada for its human nglm failures, to asking judges to incorporate international human rights nomlS in domestic jurisprudence, and so on. This may feel like one is domg something to combat injustice, rather than hitting one's head against the brick wall of nco-con governments, but is the UN really gomg to make Ontario Premier Mike Harris restore welfare funding and call off the headlong rush to privatized health care?

Please see "International," page 14

•

14

LEGAL

ULTRA VIRES

I SSU E S

The New Morality of Trademark Law resolution service, such as the World Intellectual Property Organization (WIPO).

ICANN has rcsokcd that qber~quatting is Do you have a favourite porn site? Does this sire have a domain name that either is a reg- an unacceptable practice that should be Istered trademark, or contaim a trademark ~topped. However, the law in general has as a portion of irs namd Traditionally, such never rccogni:cd ill motive as a cause of acbehaviour has not hccn :111 infringement of tion. As far back as Pierson v. Post it was rectrademark law. However, changes in inrel- ognized that however "uncourtcous or unlectual property law and the vigilance ofthose kind the conduct... in this instance, may have been, yet this who regbter Internet doThis effort w thwart cybersqu.atters acr was promain n~mcs has expanded ducti,·e of no the grounds f<,r wh1ch mark has created a policy that ovem,helminjury or damowners can claim an iningl)' favours the trademark owners. age for which a fringement.

Trademark owners tend to think that they legal remedy can be applied." Chssic tradehave rhc right to usc their mark in as.~ociation mark law protects the old mercantile notion with c,·eryrhing under the sun. It mny turn ofgood will- infringement occurs when the out to be true under the cybersun. Domain alleged mark is confusingly similar ro the regname disputes have rhus far proceeded al- istered mark such that rhe public will bclie\'e most cnnrcl}· ro the benefit of trademark rhar the goods or services bearing that mark owners. come from or arc in some war affilintcd with Thl· first major domain name d1sputcs re- the owner of the registered mark. lated ro "cybersquatting. "Since 1993, the reg- Cybcrsquattcr~ could av01d infringement by istration ofdoc-com domain name~ has 1->cen temporarily u~ing the Site for non-commcrdcme on a first-come, llr~t-~erwd ba~is. Specu- ci:tl purposes. lators who expected the Inrernct ro become Therefore, ICANN adopted the Uniform an important commercial medium registered Domain Dispute Policy that incorporates clecx1sting trademarks in the ho('c of ~clling them ment.~ from both classic trademark law and at a substantial mark-up, Jumping the gun on anti-dilution law.l11e Umted Sratcs adopted trademark. owners. the Federal Dilution Act in 1995, which makes Rather than -pa)'it\~ the ransom, companies the question of confusion irrelevant. The new ~<>\\\',\"\\. '1.<> t\C.l\\1\t e. '1.\,c.\t l\om•\\n name~

'1.\ ,e.

M<\nlbtd \,whether <I \I">C can u\\ute the V<l\\le <:>\ ... "'"' "-· \' • '' .,..,.tn\)\e, ru.,;ta\ ..0. h'\ \hc.Nlnth

cybcrsquarrers lacked "legirimarc interests" in rhe domain names. The disputes were taken to the Internet Corporation for A"signed Names and Numbers (ICA\JN), the organization now responsible for the registration of dot-com domain names and the body with the ability to cancel or transfer them. The disputes arc resolved by an approved dispute

Circuit case ofPanavision Int'l, L.P. v. Toeppen, a claim can be made against cyber~quatting through dilution because "prospective users of plaintiff's services who mistakenly access defendant's Web site may fail to continue to search for plamtiff's own home page, due to anger, frustration or the belief that plaintiffs home page does not exist."

Learning from the North

International arena captured by the Right

'l.ntoug\, \\uga\\on, ,.., su,np,

•

Connmred from page 13

'1.\"~.a\

But ir goes further. Anti-dilution abandons come to tcm1s with a situation whereby a wmthe Pierson v. Post rule by including "had F.1irh" pany, having philanthropic concern~ for its as a grounds for dilution. Evidence of bad clients, would be prepared to lend its name faith includes acquisition of domain names and well-known mark to pornography-someprimarily for the purpose selling, disruption of thmg which is so contrary to Indian ,·a lues." another's business, and intentionally attractConsidering the well-known connotation of ing Internet users by creating a likelihood of "tatas," this is patently absurd. Clearly, this confusion \\.ith the complainant's mark as to decision was coloured by the notion ofdtluthe source, affiliation, or endorsement of the tion through tamishmcnt, which occurs where Web site by rhe complainant. Most obscure, a the mark is used in association with someregistered owner also must have a have "lething unwholesome or unsavoury regardless gitimate interest" in the domain name. Rather of confusion. T..1rnishment is a cause of acthan defining what a "legitimate" interest is, tion m U.S., ant1-d1lution but it is not explicthe ICANN policy makes explicit that itly menttoncd m the ICANN policy. WIPO cybersquatting is illegitimate behaviour. has integrated it through the bad faith rule.

This effort to thwart cybersquatters has creAs Illustrated in another dispute heard by ated a policy that overwhelmingly fuvours the WIPO regarding the s1tc www.bikinitrademark owners. Since all these different zonc.com, it was held that the usc of somemodes of protection for trademarks arc one else's trademark "in association with a conflated into one policy, there is a senous pornographic Web site itself constitutes bad danger of misapplication. The most obv1ous faith." Although the pornographic Web Sttc group ofcases in which this has occurred in- could not be confused with the skin care pnxlvolve pornography sites that unintentionally ucr sold by Bikmi Zone, pornography cannot include a trademark. In a recent WIPO case, be considered a legitimate interest. Under th1s a complaint reasoning, established rules was lodged Established mles of trademark law are of trademark law arc abanby T..1ta Sons abandoned if the allt!ged infringement doned if the alleged inLtd., an Infringement relates to porreknes to pomography. dian connography. glomerate, against www.bodac1ous-tatas.com, Now, trademark owners have an arsenal a pomograrhic Web 5itc. WIPO, in a decision agamst anyone who uses their trademarks as partia\\y reprinted in February\ Harpers for domain names in cyberspace 1f the respond\.u e t-.\ctt.a\.nn"l.ent value, h c\d that the inteents motives arc, in the minds of WIPO, gral part of the domain name "tatas" is conunpure. Instead ofJudgmg merits based on fusingly similar with the mark TATA. property law, ICANN and WIPO have beThe panel contends that" the prov1sion of come arbiters ofsocial mores. It remains to be sexually explicit and pornographic matcnal seen how tillS development will affect tradeon the Web site under the name ofTATAS 1s mark law outside oflnterncr disputes. likely to cause bewilderment, if not astonishment, on the part of customers of the complainant. Many of them would be unable to

degree de~ignation, and by adopting it, the Continued from page 13 faculty effectively precludes itself from participating in many initiatives that seek to make Now don't get me wrong. International issues law schools more accessible to historically dis- arc certainly worth studying and have a place in advantaged groups. While other faculties arc the curriculum, and even on a progressive working to open their doors to groups that agenda. But I am a pluralist at heart. There are have been underrepresented in the legal pro- any number of areas ofstudy that can contribfession, our faculty is going in the opposite ute to the advance of social justice. I worry direction. What is cloaked in the self-con- about putting all our progressive eggs m one gratulatory rhetoric that pervades the faculty (mtemational) basket. Especially now. Because and its efforts at shifting to a J.D. program is a even as international human rights issues have subtcxt of exclusivity that is, if nothing else, come into their own as a legitimate aspect of profoundly unhelpful in any effort to tmprove legal education, the forces of the political right broad-based access to the legal profession. have rebounded and captured the international Ultimately, one Canadian law school will arena. Intcrnationalizatton and globalization are be remembered this year for crafting a bold now as much about trade issues and the creation and unprccl-dcnted experiment in legal edu- of internationally hospitable conditions for global cation, while another law school will be re- capital as they are about human rights and social mcml->cred for tinkering with the letters it uses justice. to describe its degrees and an attack on acaMeanwhile, there arc no courses in poverty demic freedom that has been roundly con- law; few human rights internships with domestic demned by professors from the top schools in organizations fighting problems like homelessthe Western world. Akitsiraq Law School ness; not enough opportunity to study how all de5erves our praise and support. If tomorrow's rhc legal tools at hand, from the local to the legacies arc created by today's actions, and if global, might be used to redress power imbalinternational reputations arc based on inno- ances and improve the quality of ()l!oplc's lives. vative ocictal contributions, maybe our fac- These arc not only nowhere ncar the top of our ulty could Icam somethmg not from the South, institutional agenda, they have virtually fallen but from the West and maybe even the North. off the page.

Ultra Vires is pleased to announce the masthead for the 2001-02 year ...

15

D IVE R SIONS

Build Me a Tunnel

BY Aux DosTAL

ICANN and the illegitimacy of pornography B\ NELSO:"-< CHAN

20 MARCH 2001

Kicktng around the law school between classes, one frequently hears small gripes from fellow students that run the gamut of"complaint-like".commentary. These range from dismay about people bringmg cell phones to rhe library, to annoyances about not being able to use cell phones m the library, from the lack ofwindows in the Flavelle classrooms, to the sometimes stifling temperatures in these same classrooms. Although I appreciate these difficulties that mar our otherwbe blissful existences here at University ofToronro, Faculty of Law, my "wish list" for U ofT contains only one item. A tunnel. More specifically, one connecting Flavelle and Falconer.

I must concede that I do enjoy sitting in class in the Falconer Solarium and watching fellow students and professors run/slip/walk or otherwise move between the two buildings, sometimes without appropriate winter attire during these cold months. However, this does nm compensate for the fact that I have to walk outside, frequently with my Jacket or other outerwear left in my locker far from pleasant when it is a blustery -20 C with the wmdchill factor outside.

Coming from the temperate climate ofHalifax, I must say that it is quite difficult to get accustomed to the sometimes bitterly cold temperatures that plague Toronto in winter.

And having to leave the comforts ofFlavelle, and its frequently +45 C temperatures in 1ts classrooms in order to go see a prof, go to a class, or to engage in some orher administrative matter at I:alconer, b frequently so daunting that it is almost not worth it. Given that our law school tries to promote education and the quest for understanding oflaw, the discomfort created by the cold and unpleasant weather, which can keep us from that grand

foray across the parking lot, certainly does injustice to these greater objectives. Moreover, from a safety perspective, the parking lot, riddled with moving cars and ice, is a tort waitmg to happen.

It 1s for these reasons that I propose a tunnel connecting the two buildings. I would even settle for a skywalk: anything to allow me to go about my academic business at the faculty of law without having to worry about basic comfort and safety concerns. Furthermore, this tunnel could become a meeting place for students as they travel between building~. promoting communication and friendship among law students.

The cost, yes, IS perhaps high. But aren't the students, profs and other law school visitors and staff worth it? In a pinch, we could even consider a pay per use system for the tunnel, a type of toll, to help offset the costs of such a venture. Or, why not get a Bay Street finn to promote the building ofsuch a project?

"The Tory Tunnel" for example, a hit for sure.

All great institutions have tunnels. The Parhament buildings in Ottawa have tunnels connectmg the East and West Blocks to the Centre Block. The Paris Opera House has tunnels. Even AJcatraz purportedly has tunnels. Shouldn't we nse to the occasion and demonstrate that we too, at the University of Toronto, Faculty of Law, are a great institution?

I know this might sound like a revolutionary plan, but anyone who has done that run between buildings while facing gale-force winds outside, will undoubtedly share my views. And yes, 1 will m1ss watching those runs across the parking lor dunng solanum classes, but at least I will console myself in knowing that the best interests ofcomfort and safety for all in the Faculty of Law community will have been served.

thanks everyo·ne!

Ultra Vires would like to thank all of its contributors this year:

(drumro/1 please) Agnes and Zelda, Adriana Ametrano, Andrey Anishchenko, Sarah Armstrong, Joseph A. G. Berkovits, Jenn Bonneville,

Editors-in-Chief- Noah Gitterman &Dan Murdoch

Simone Boxen, Parminder Brar, Dave Bronskill, Jason Brooks,

News Editor (University Affairs) - Tim Wilbur

Nelson Chan, Adrian di Giovanni, Alix Dostal, Matt Duffy,

News Editor (Student Affairs) - Candace Chan

Azim Essaji, Cory Exner, Jenny Friedland, Est~e Garfin, Anne

Editorial Page Editor -Attila Ataner

Graham, Angus Grant, Colin Grey, Sally Hemming, Mike Hollinger, Matthew Horner, Angela James, Louise James,

Legal Issues Editor - Simon Proulx

Laurie Jessome, Noah Klar, Ron Levy, Sarah Loosemore, Julie

Features Editors - Beatrice van Dijk & Ali Engel

Maclean, Robin Mahood, Malcolm MacPherson, Trish

Diversions Editor- Stephen Parks

McMahon, Shirley Margolis, Anna Marrison, Helen Martin,

Business Manager- Jenn Bonneville

Tim Meadowcroft, Christine Mills, Brad Moore, Mindy Noble, Stephen Parks, Simon- J. Proulx, Denise Reaume, Pauline

Production Manager - Salman Haq

Advertising Manager - Jennifer Weinberger

Copy Editor -

Lisa Vatch

Rosenbaum, Leigh Salsberg, Juliana Saxberg, Marcus Shantz,

Thanks for helping to make Ultra Vires the best student newspaper ever.

Benjie Shinewald, Andrea Slane, Lori Stein, Katie Sykes, Jeff Torkin, Gibran van Ert, Brendan Van Niejenhuis, Stephanie Wakefield, Jennifer Weinberger, and Anna Yarrnon

17

ULTRA VIRES

DIVERSIONS

16

Httt;:: Mr. Simpson, the state bar forbids me from promising you a btg ca'h settlement. But just bcn.,.cen you and me, I promise you a big cash ~cttlemem

Htttz: Mr. Simpson, don't you worry. I watched Matlock m a bar last night. The sound wasn't on, but I think I got the gist ofit.

Dr. Hibbert: Now, regardless of what this thing is, it's a priceless scientific find. Our more prior

concern now ts to determine who owns such a valuable skeleton, and I propose I do.

Mel: I'd like to hear from Lionel Hutz.

Hurz: It's a thorny legal issue alright. I'll need ro refer to the case of Finders vs. Keepers.

The Good Lawyer- Unlike the Simpsons, Mr. Bums can afford to spend money on hiring a ream of the best lawyers. They are all wily characters dressed in the same power suit.

Bums: "Smithers ... release the lawyers."

Law School ]imbo: You let me down, man. Now I don't belteve m nothing no more. I'm gomg ro law school.

Homer: Nooooooooooooooo!

Consumer Rights Homer: A\\ you can eat. Ha\ 1 \ut"t: Mr. Sim?~on, thi.s is the most b\atant

A list of Arnie Weinrib's best quotes trom tax class, compiled by Mike Hollinger:

BY MEUSSA KLUGER

Without conducting any sort ofsurvey, l rhmk it b fair wgue!ts that lam not the only law ~tudent addicted to Tht! Simpson~. lndcd, it would bl· my hn>O!hesis that in any gtven law school course at least half will Cldmit to a dabbling in the addictive televi5ton show, a quarter will hrag about a rcllgious sort of weekly devotion, and a top lO-per cent arc prepared at any moment to engage in an 1-know-more-Simpsons-quotes-that-you-do battle, v.ith a com['ctitivespirit as Scree :1~ that exhibited in the battle ro beat the B-curve.

I started watchmg The S1mpsons before I came to law school, but since entering the hallowed halls ofFlavclle. I confess, I haven't been able ro stop. One reason for my increa~ed enthusiasm for the show could be the growing realization that I might actually be Lba Simpson. Or ma)·be it's rhe lawyer jokes. The Simpsons bring sarcasm and ~cathing social commentary into every corner of American life- the playground, the power plant. the suburbs, the school bus, the K wikiMarr and, among many other things, the legal profession. When.it comes co Jaw, access to justice, and the courtroom, The Simpsons has some poignant and clever ins~gbt.

The Supreme Court Lisa: I'm nor sure random locker checks are permitted by the Supreme Court.

Principal Skinner: What has the Supreme Court done for us lately?

Marge: Do you want your son to be Chief ) us rice of the Supreme Court, or a sleazy male stripper?

Homer: Can't he be both, like the late Earl Warren?

Ma~e: Earl Warren was never a stripper!

Homer: Oh, now who's being naive?

The Police ChicfWiggum: Aw, can't anybody in this town take the \aw into their own hands?

c:a!.c o~ h~~uuu\c:m. a~\vcn\~\n~!'o\n(;c tn'j "-\\\\

20 MARCH 2001

l'tn Still a Karaoke Virgin

Arnie's Tax Quotes

The Sitnpsons and the Law The Bad Lawyer- Lionel Hutz works at "I Om't &hcve it's a Law Finn" m the Springfield Mall and represents the Stmpsons and other low income families.

DIVERSIONS

Taxes: "The best tax ts an old tax."

"I don't want to make the tatl wag the dog but it's the tax act so it's a large tail." "[The tax act contains1no definition of inter· est under the theory that the more important the tern1, the less hkely it is to be defined."

Education, teaching, and students: "Don't flip me off the question; I have a good quesnon for once." "[If you need help preparing for the exam 1 you can call my home. If my wife answers, hang up. In any event, don't hsten to any answer she gives you."

"It's a two word answer and the second word is off."

"Let me start this in the usual way by duck· ing the big question."

Labour Law Inspector: This plant violates every labour law Law, cases, and lawyering: in the book. We found a missing Brazilian "I realize l didn't deal with any of the cases, soccer team working in your reactor core! but in a sense I dealt with all of them."

Mr. Bums: That plane crashed on my property. "For once I have a theory that actually does explain the cases" The Courtroom "It should be considered on different grounds.

Homer: Getting out of jury duty is easy. The My grounds. The right grounds." trick is to say you're prejudiced against all "[This result can be understood] under the races. legal maxim that you can't suck and blow at Hutz: AM! ... I call for one of those bad court the same time" Quips, one liners, and philosophizing: thingies!

"There are two possible answers, yes and no."

Judge: You mean a mistrial?

Hutz:: Yeah! That's why you're the judge and "Lead cannot fulfil the same funcuon as toi· let paper. That would be painful."

I'm the .... law talkmg guy.

"Mosquitos have no rights" Judge: Hmmmm, Mr. Hutz do you realize

"Th1~ "the 'devil m the deep hhu: 'ca' prnb·

)'ou'rc nm wearing an)' pants?

lem."

agaimt rhe film, "The Never-Ending Story."

w A.KEFIELD

get up and sing. My "car" for music is just good enough to know that even when I'm I was a karaoke virgin. My closest encounter drowned out by the radio I sound really, re· had been with Cameron Oiaz' cringe-induc· ally bad.

But l have to admit l was curious. My first mg squawking in My Best Friend's Wedding. thought when I saw the flyer was that six 'leedless to say, I approached the Solarium in hours of karaoke was a very long time. But falconer that Friday night with some trepi· then l wondered: Who's going to get up and dation, wondering if my life was about to sing?

And more important, just how bad will change forever, like Janet's in the Rocky Horror Picture Show. l had sworn on just about this be?

I was shocked. I was humbled. I was awed. e,·erythmg I could think of that I would not There are people in this law school who are willing to get up in front of 60-odd people and belt out anything from Frosty the Snounnan to Destiny's Child even when they're sober. All of them were enthusiastic. Everyone seemed to have fun. And - what I found even more amazing- some of them could actually sing.

The bravest person there was Alba Sandre- she actually went up first, can-can kickmg her way through Cyndi Lauper's Girls just Want to Hao..e FWl after unearthing it from the highly eclecnc karaoke duotang. She was joined by outgoing SLS prestdent Anna Maria Oi Stasio, who looked very suave in a hot pink ruffk'li blouse, black jacket and black pants.

As the evening wore on, we were graced with and -well, entertained with -everything ftom Shania Twain to Hucy Lewis and the News to 'N Sync. The tea-lights were flickering, Bn'lltUm Van NteJerihHi~ cmomng When I'm Sixty-four /7:1 The Beatb

BY STEPHANIE

the disco ball turning, and OJ Mitch Hogg kept things going, not only dealing with all the requesrs and equipment, but belting out several selections of his own- most notably Net! Diamond's America.

Other repeat performers included Sudit Ran:-~de with an ever-changing entourage, and Michael Hong, who actually managed to hit all the high notes of Roxanne (mind you, I haven't heard him speak since .. .).

About 100 people came and went, congregating around the bar and the groaning ta· blcs of the MAPIL bake sale but alway:> dmv.m back under the banner of the sponsoring law firm by the magnetic attraction of karaoke.

To my surprise, l had a really good time. But I also managed to stay true to my vow - for which everyone who was there should be grateful. Not even when jay Streeter (above) is BritTle)' Spears. Below, David Moon and Dera my editor Melissa- fresh Nevin unwind after grecung potential U ofT recruits at Welcome Duy by taking in some smooth (and not quite so smooth) tunes at krazy from a session on the makaraoke nipulative interview tactics of Jan Wong • everso-innocently suggested that it would be great to get a picture of me singing for the paper did I give in to temptation. In fact, I have to confess that white wme notwith· standing, l was never really tempted at all.lleft at 10 like a good girl, karaoke'd out, my virtue bruised but intact.

Sing Along Sound of Music The Hills Actually are Alive!

BY BESS JoFFE

The Gale Cup is Canada's premiere, bilingual national mooting competition.

On behalf of Canadian Bar Association-Ontario and in partnership with Fraser Milner Casgrain LL~ we would like to congratulate the winners of the 2001 Gale Cup Moot Competition: Le Concours de la Coupe Gale est le premier tribunal-ecole national bilingue.

L•A.ssociation du Barreau canadien - Ontario, en collaboration avec Fraser Milner Casgrain LL~ """""''•·.-'·'" a le plaisir d'annoncer les equipes gagnantes de la Coupe Gale 2001 :

University ofAlberta Osgoode Hall Dalhousie University University of Windsor

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Providing opportunities for students and lawyers throughout Canada and around the world 5300 Commerce Court West, 199 Bay Steet, Toronto, M5L 1B9 Tel: (416) 869-5500 Fax~ (416) 947-0866

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SYONEY

"Hey Moonbeam Guy- shine your light in their eyes!" was probably the most memorable line called out by an audience member at the Sing-Along Sound of Music, currently playing at the Eglin ton movie theatre. The entire experience was like Rocky Horror Picture Show, except for more straight-laced folk, although there was one woman dressed up as "Mother Superior," who gave new meaning to the word "superior," with handcuffs and a whip under her habit. • At the outset, we were given a loot bag full of props and explained how to employ each goodie strategically throughout the film. We were given a cracker, to pop when the dashing Captain von Trapp and the innocent Maria finally kiss in the gazebo. We were supplied with a piece of material, to scream out to Maria to make play clothes for the children from her old drapes, and we were given a fake Edelweiss flower, to hold as we swayed gently to the Captain's two renditions of the song of the same name. And l kid you not, people, the entire audience at the Eglinton was swaying row by row-someone even held up a lighter to sigrtify the emotional moment we were sharing! In addition to the props, we were taught actions to accompany different songs, including Do Re Me. Aside from that, the audience was free to improvise as much as we liked. People came

dres~t:d up- most memorable was the Moon-

beam Guy, who came \.l.ith a tinfoil-covered crescent moon slung around his body and a flashlight. He was instrumental to the fun we had during "How do you solve a problem like Maria?" because of the line "How do you • hold a moonbeam in your hand?" Every time his lme was sung by the sisters in the Abbey, he shone his flashlight at the screen and around the theatre .•Then, at the end of the movie, when the Von Trapp family is hiding from the Nazis in the crypt at the Abbey, someone yelled out to the Moonbeam Guy to shine his light in the Nazis' faces to blmd them.

The theatre erupted in laughter at that point.

Others came dressed as Mana- including one man who got up on stage at the begmning of the film to run around as Maria does in the Austrian Alps. There were a couple of girls dressed as bright copper kettles, a couple who came tied together as a pair of warm woolen mittens, and even a couple that came attached as a needle pulling thread (for "sew" in Do Re Me). Another couple dressed up as Liesl and Rolf and danced on stage during the "I am sixteen going on seventeen" gazebo scene. They nearly got a standing ovation.

And yes, of course, as the emcee said ar the beginning, there were a lot of sisras in the house.

We laughed the whole time we were there.

C'ln't wait for the sing along Grease!

18

ULTRA VIRES

DI VE R S IONS

Law Ball 2001

Ernest, the Local Deli Manager BY }ASON BROOKS

lent of a Flight Dtrector at Johnson Space Centre Mission Control m Houston. He fanLike mo't childhood memories- watching cies himself, I think, rhc hub of communic:~­ Polka Dot Door, shining your pams ... - a rion and sandwich support, talking custom· vhtt £O the Royal Ontario Mu:.cum is one l-est ers through sandwich design and then manleft to memory. Except for one thing: Ernest, aging the complex sand\\.ich making sy~tems the Drux·y's Deli manager. It is about time such as the butter knife and microwave. He someone profiled this man. Hungry law stu- engages each customer in the same ridicudents have a right ro know about thi!. anoma- lously serious sandwich di:·tlogue. To wit: lous and accomplished deli sandwich mak- Ernest: What would you like today sir? We have Rueben, Smoked Chicken, corned ing neighbour.

As far as deli managers go, Ernest is a highly beef, all beefsalamt, albacore tuna, sockeye unusual specimen. That i.s why ther· put him in salmon salad, egg salad, whole chicken breast, the museum. He has grey, earnest hair, and vegetarian and swiss, ham and swiss, and thick, cheek-shielding glasses so no comer of roast beef. }"OUr sand\\ich i.s left to chance. Maybe you've Me: Corned beef. seen him. He sports the deli uniform- apron Ernest: Roger. W-would you ltke that on onand hat, protecting person and product-ear· ion, pumpernickel, I 0 Grain, poppyseed, rye, nesdy and proudly like a Scythian wamor. wheat, onion garlic, honey wheat, zucchini, I don't know if his name is Ernest, but this tS high fibre bran, chestnut, Kaiser, Dutch flax, (from left to riglu) MaiJa Lauruen, Anna Marisson, and Mary Simms celebrate in style at this year's Law the only person I have ever come across who Insh crusty, French molasses, Swahili goldenBal/2001 that was heUl on March 10 at the Delta Chelsea Hotel. warrancs paraphrasing Algernon in the Os- spelr-monkey-chestnut-tumip or plain, sir? car Wilde play: it would be absolutely absurd Me: Plain? to think this man's name were not Ernest. He Ernest: I understand, str. Would you like is the most earnest-looking person I ever saw mayonnaiSe, regular mustard, Oijon mustard, in my hfe. If Ernest were at law school, he butter, low fat butter... would be the one tellmg on the cheaters.

If! were to rank the ROM Druxy's deli as a (Nor that there aren't a few of rhose types lunch spot for aspiring lawyers, I would give around already.) it five stars, thanks to Ernest, and I would pin His voice is full, clear, and brimming with those stars to Ernest's chest and he could be

BY LAURIE }ESSOME earnestness- the sandwich-making equiva- General ... Mustard. Ha. Law Union relations, career alternatives to Bay 1. In an attempt ro top the dizzying success Street and the International Human Rights of donut and bagel madness, the Dean will Programme. When asked for comment, Law be pushed to even edgier selections, like Union activists will say, "Believe it or not, this "Scotch and Soda madness" and "Porn is actually a step up for us." Members of the Madness." The extravaganza will culminate IHR Program will concur, claiming that this is in "Crack madness"· just in time for exams the first time they've heard the administration and the next reappointment process, which publicly acknowledge their existence. are, of course, scheduled to occur simulta- 4. In accord with the results of the 2001 cafas "Peter Pan syndrome," wherein the victim neously. The reappointmell{ will also ideeteria survey, the new Bora Bora Food Island

BY LAURIE ]ESSOME experiences an unusual attachment to pre-adoally be timed to coincide with Hudson menu will be comprised solely of wieners and le~cence and refuses to accept the mescapbeans served over jasmine scented nee with a Janisch's sabbatical.

My career as a census-taker got off to a sputter- ab\e approach of adulthood: 2.

The B curve and the new grading scheme of baked ham. Thursdays will be side order ing start when I undertook to discover a small "I wanted to be a Mountie and worned (two friends and another friend's dad) will riblette sandwich day. These dishes will be fact about our law professors. Thinking 1was that I would not be tall enough. This may being rather cute and precocious, I decided to expl~in more of my life than I want people to be taken to their lClglcal extension and LL.B.s served by Starbucks employees wearing brand will be handed out from the back of the name clothes (with the labels clearly visible). ask our profs about their youthful ambitions. I know."- Kent Roach Dean's mini-van at $30,000 a pop. J.D.s will Only students whose families come from knew that this would require a minimal level "In no particular order: significantly taller, ofself-examination and at least a few seconds a lawyer (really), prime minister, and a navi- go for the same price, plus a free "American "Other" geographic regions will be admitted.

Like Me" kit, emblazoned with a glossy photo 5. Jamie Nelson and Matt Cumming will be of concentrated thought, but I had faith that gator."- Colleen Flood of the Dean in a Captain America costume. our teachers would want to share a small part banned permanently from intramural sports at "I wanted to play rugby for England. I still of their chtldhood with their cherished stu· don't know what I want to be when I grow up." The kit, which will also contain a rifle, a U ofT following allegations of excessive viodents. I was wrong. I received fi.ve responses.

Bible, and six Krispy Kreme donuts, will be lence on the ice. The two will initially express - Jim Phillips Instead of compiling these into meaningful "l wanted to be a tax professor from the available from the law bookstore at a cost of shock and confusion at the committee's decistatistics, I'm just going to publish them verba- moment of conception. OK, not true. I $345 between 12:42 p.m. and 1:27 p.m., sion but will decline to make an official comtim. However, for interest's sake, 40% of re- wanted to be lots of things- and still hope to Monday, Thursday, and the third Saturday ment after being queried on Nelson's neckspondents expressed a concern about their be. Tax prof is justa phase."- David Duff of each month except March. lace of human teeth and the Engineering height. In addition, 20% of respondents dis"A nun (6yrs) and then a pilot (8 yrs) ."

3. The recently appointed squirrel co-Dean player still dangling from Cumming's stick. played symptoms of a disturbing illness known - Catherine Valcke will be given responsibility for the areas of

Predictions for the 200 1. . 02 School Year

Professor Survey Fails Miserably for lack of Response

20 MARCH 2001

Is Stanley (ll) on the right track?

BY STEPHEN pARKS D~ar Father Bay Street,

(cc: Mother So Sweet) We arc worried about your son Stanley's re cent behaviour. He's too argumentati,·e. He told our guidance counsellor that he spent the summer pulling the wings off of contracts and burning statutes with a magmfying glass.

Stanley has been wearing adult clothes ro school. lfmoney is an issue, please let us know.

Our constituency's best interests are money's only purpose. There is no need for our students to wear your uncomfortable suits.

Also, our student rag's front page photo showed Stanley getting drunk with Frank Iacobucci. Such activities break the law and threaten our students' quality of life. Involvement jeopardizes Stanley and Iacobucci's legal careers. Our self-policing students brought this to our attention. We will prosecute the matter appropriately.

Sincerely.

University of Toronto Faculty of Law.

Dear University of Toronto Faculty of Law, I don't know what's wrong with that kid's head. I haven't been happier since my time in . law school. Stanley needs a cause to moti· vate him. I fought to get minorities into the profession. Stanley just needs the modem equivalent. Gosh, this brings back the memories. Courting his mother, squashing my peers at squash, soldiering in faculty disputes.

About the alcohol thing, talk to his mother.

Alcohol destroyed our marriage. His mother has a party problem. She partied so much that she wasn't fit for squash. What good is a partner ifyou can't play sports?

You should talk to my secretary. She's usually at home on the weekends that Stanley visits. She's the only person in the world who understands when I open up, maybe she understands Stanley.

Sincerely, Father Bay Street

Dear University of Toronto Faculty of Law,

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Please don't discipline Stanley. He's going through a rough period. He has to article, but he fears commitment. He's been spooked ever since that property-division sock incident with Penny.

I keep telling Stanley, that articling is not 'til death do us part. He can try living with a boutique for a few years. If it doesn't work out, he can walk out, ltke I did to his fathe;.

Stanley just stares at the ground and mumbles, "What if the boutique and I have kids?"

I don't know what's wrong with that ktd's head.

About the suits, I bought them for him. I think he looks adorable.

Sincere!'!, Mother So Sweet

19

DIVERSIONS

More No~So--Real News From Around the law School O utgoing SLS Prez pardons first year students In her final few hours in office, outgoing Students' Law Society president AnnaMaria DiStasio used her executive powers ro issue full pardons to all30 first-year students recently implicated in a scandal over misrepresented grades. Oi Stasio's pardons came only two hours before the midnight deadline, at which point she handed over the keys for the well-appointed SLS office to president-elect Benjie Shincwald.

DiStasio by-passed normal administrative procedures in order to issue the par· dons, and may have overstepped her jurisdiction. In fact, it is unclear whether the SLS president has any executive powers at all, let alone the power to issue wide-ranging pardons to students.

DiStasio, speaking through her lawyers, merely stated that "history would vindicate rne.n

When asked if he condemned the ac-

tions, Shinewald exclaimed, "Pardons? I get to pardon people?"

DiStasio is also accused of taking numerous pieces of equipment and memorabilia from the SLS office before she departed for her elegant new home in posh Forest Hill.

Included in the items she took was an antique printer and a really old computer. These items were apparently gifts to the SLS from well-intentioned Bay Street law firms who thought that socially-minded students might have a use for obsolete, non-functioning equipment that was completely worthless. She also apparently took the contents of an orienta· tion week laundry bag left over from Sep· tember.

Far from being upset, Shinewald stated that he "thanks Anna-Maria for cleaning up some of the clutter in there."

-Jacob Glick and Noah Gittemum

Other things Reaume told her class The following are comments made by Professor Reaume to her small group that have, as yet, been unreported in the national media: · Go play in traffic. · I recommend taking uppers. Sleep i~ for pathetic losers. ·Don't do readings. Watch Temptation Is-

land. · You guys should cat babies. They taste yummy with salt. · I'm the Dean's biggest fan.

-Jacob Glick

R uby discloses defence strategy

Last week Clayton Ruby, counsel to halfof the first year students accused of cheating, announced his defence strategy. His plan of the first-year students, generally increas- is to have the impugned pupils smear ram's blood on their doorposts. ing friction between the classes.

"Our hope," Ruby explained, "is that the "My dad told me not to associate with first years anymore," Stanley (II) explained. Angel of Expulsion will pass over their houses."

"They have loose morals."

Ruby reported that his most recent meetBecause of the fear of reprisals, most incidents have gone unreported. However, cam- mg Wlth The Dean went very poorly. "Do pus police believe that there are at \east not let my peop\e go," said Cayton unto Dean twe\ve different gangs, and that there has Ron D. But that on\'Y hardened Dean Ron been about 30 violent incidents so far. They D's heart.

Ruby pointed to recent events at the Fachave made a plea for any information, and ulty as proof that he meant business. "Frogs have set up a first-year crimes hotline to com· bat the menace. As well, the administration in the foyer, locusts in the library and darkis considering appointing graduate student ness in the dinning room are all evidence of hall monitors, who would police common areas help from my friend in high places."

The Dean has asked that all first-born law and hopefully diffuse any inter-year tensions.

Even with these measures, the fear among students stay home for the next few days.

"With an open hand and an outstretched upper years is pervasive.

"All I can say is- don't go down the Flavelle arm," Ruby continued, "we will lead these stairs alone," cautioned incoming SLS prez, students out of bondage and into the promised land of Bay Street." and upper-year student, Benjie Shinewald.

First--year gangs terrorize upper--years Upper-year students at the law school are walking the halls in fear, after an upswing in the number of violent incidents perpetrated by notorious first-year gangs.

These youth gangs, each consisting of about four to five first-year students, have been cruising the common areas in Flavelle, looking for trouble. Many of them have been cornering upper year students in the cafeteria and stealing their lunch money.

Some of the first-yea r delinquents have also been rolling upper years for their summaries.

"I was walking down the stairs to the lower rotunda, when a gang of five kids jumped out of the bushes near the 'wampum belt', and started threatening me. They said ifl didn't tum over my crim summary, they would 'rearrange my face'," recounted an anonymous third year, as he recovered from the incident at his home.

Many upper years now try to steer clear

-Noah Giuerman

•

-jacob Glick

It's Yoga Titne

BY Loru STEIN

For many, this is a somewhat stressful time of year. So, I thought I'd share with you my favourite technique for coping with stress: yoga.

I have been a gym junkie for years, and I've tried every kind of group exercise, from step classes ('80s) to spinning (mid-'90s) to kick boxing Oate '90s· 2000). I also went through a weight training phase (I was going for the Madonna look, but I wound up with a dislocated shoulder and disproportionately large quads), and of course running around the Hart House track (busted a knee and got really stck of'The Miseducation ofl.auryn Hill. '1 Always the high impact girl, I was skeptical that yoga really is "a workout." But, during winter exams this past December, I got sick of taking a break from the library, only to be subjected to military commands from my Taibo instructor: "Jab-Jab-Hook-Uppercut· Rrrounnnnndhouse kick!" A fellow gym member convinced me to try an Ashtanga yoga class as an alternative. After my first hour-and-a-half session, during which I fell

over three times, I was converted. I got a great workout, confirmed the next day when l could barely walk, thanks to challenging poses that build strength and flexibility. I al~ achieved a few minutes of mental clarity • I was so focused on my breath and movement that all other thoughts just disappeared. As I continued to practice, those minutes stretched into hours. Now, from the instant I break into my first Sun Saluta· tion until the final relaxation of corpse pose, law school, personal obligations, and everything else evapo· rates. As a bonus, I think I'm detecting Madonnaesque contours developing in my shoulders, and I feel like my back has grown three inches.

I htghly recommend yoga to everyone, from the exercise enthusiast (try Ashtanga or power yoga), to the sedentary laptop solitaire player (try Hathaor Kripalu). The best news is, oneofToronto's premier yoga centers is a ~tone's

throw away: the Yoga Studto at 344 Bloor Street West, suite 400 Oust west ofSpadina).

I zip over there between classes twice a week, a nice change from the Bora Laskin e-mail terminals and Ned's soup of the day. Upon entering the Studio, the smell of incense, a fresh orange slice and herbal tea rev me up for an mtense session. The instructors are excellent, combining experti.~ and patience to make every class a learning experience. The Yoga Studto describes itself as, "a safe, loving, and envtronmentally conscious space in which to explore and master the journey to heightened consciousness." Check out the class schedule at www.yogasrudio.net.

Your first class ts only$10, and students get at 15-per-cent discount on passes (five • (:JJ class passes are available) I could keep gushing, but I suggest you try a class for yourself and you won't be disappointed. One final, cool thing about yoga: it's practiced barefoot, so there's no na.-d to tic running shoes to your knapsack!

-

20

ULTRA VIRES

DIVERSIONS

Ultra News: Not--So--Real News From Around the Law School Peace and harmony re1gn Squirrels, pigeons and law sntdents have come together to cxprc~s their joy and love for each other, inn swnning move meant to end the ammal-~tudent wars once and for all. A joint declaratton tor peace, nuts, and brc:td cmmbs wa stgned in a moving ceremony, attended by the head~ ofall the major factions, includ· ing Subcomandante Skippy, the pH!eon known as 'Stubborn Demon', and SlS prez Anna-Maria DiStasio. uTh1s couldn't have come at a betcer timeinrernationally, no other school has ever reached this kind of agreement with its resident wildlife," stated apress release sent out by the administration.

The impetus for this unexpected unity is thought to be the coming of spring, and the abundant nuts and garbage this season will hring. After the pigeons organized a well-at· tended Wings-Across-Fiavelle day, and Subcommand ante Skippy led a successful March of Solidarity into the Bora Laskin Law' Library, the stage was set for a lasting agreement.

"Peace, harmony and civil society is certainly a relief from the state of nature that existed before," the Dean stated. "I support this move wholeheartedly."

The Dean also explained that he expects peace and harmon'{ to reign until at \ea:;t mid· June.

- Noah Gitterrnan

Experts diagnose MCR rage Experts have recently documented C.:'lSCS of Moot Court Room rage in a number of law sn1dents. MCR rage has now been added to the growing lis.t of modem 'rages', including rood rage, air rage and VIA rail rage.

"The number ofrage-induced our bursts in that one room is quite high, consider· ing the size ofthe student body," explaint-d a professor ofrage studies at the Univcr· siry of'X'iscoruin. uMcasures must be taken ro conrnm thts epidcnnc."

Soon ::~frer entering the MCR, many ~tu· dents quickly become frustrated by the narrow rows, abundance ofl::~ptop wire~, and the fact that other students insist on sitting near the aisles-even though com· mon sense and .simple kindness dictate that early arrivals should probably move into the centre of the room.

"Students come into the room, attempt to find a scat, and then they go ballistic," ~aid one of the expertS. "They quickly re·

ahse the absurdity ofa classroom built so

as to prevent students from getting to their scats. This then leads them to question why the hell they bothered to come to Bus. Org. in the first place, why in f.1ct they arc in law school, and ultimate]}· they arc hit with the full force of the shocking anJ brutal truth that life is essentially futile. Understandably, an unresnaincd rage is often the result."

TI1e adminimation is apparently reeling from these recent findings. In re· sponse, they have set up a counselling session next week entitled, "Managing your spontaneous outbursts of unbounded rage." A memo to students has also sug· gested that instead ofcursing, screaming, and ripping apart desks, they should di· rect their limttless anger toward writing conctsc and thoughtful suggestions for the various suggestion boxes now sprouting up around the schooL -Noah Gitterrnan

Dean unveils five . .year plan Yesterday, Dean Ron D unveiled the Law School's glorious five year plan. The plan, which mcludes moving many ofthe professors to state· run collective farms, has met with a fair bit of resistance from the faculty. Even Dean Ron D's usual supporters are wary of the plan.

"Co\\ectivi2.ation and crash industrialization ate Stmp\'{ bad pohc'{ and smack of !'.OCia\. ism," noted an exasperated Brian Langille.

The only faculty member to support the plan was the chipper Sujit Chaudhry.

"I thmk Dean Ron Dis awesome," noted the spnte 11-year-old legal phoneme. "What· ever he does is magic, pure magic."

Dean Ron D plans to stifle oppa;ition by purg· ing faculty members with whom he disagrees.

"I'll trump up some bogus charges and have a show trial, at the end of which those who oppo~e me wi\\ be publicly executed."

All media enquiries should be directed to the Mimstry ofTruth.

-Jacob Glick

Suggestion box fabrications strike fear at faculty In an effort to foil Clayton Ruby's bid to bloodlet second and thtrd-year students at the Fac· ulry, Assistant Dean Mayo Moran has issued a memo to Ann Rae, Olieflibrarian, asking that all "embellished" library suggestions be discarded.

"Ruby'son a rampage," Moran wrote, "and I hear he's been eyeing the 'funny' box."

Many students, it turns out, have been rumoured to have purposely submitted unrealistic requests in the suggestion box. These requests have asked for everything from tear· ing out bookshelves for the purpose of building an indoor water park, to evicting the Ji. brary staff from their offices so as to be able to install personal Imax theatres in them.

Ted Tjaden, fellow law graduate and Infomlation Services Co-ordinator at the library, could not be reached for comment, but IS· sued a statement acknowledging the sever· ity of the calamity at hand.

"The embellishment or non-embellishment of suggestions," Tjaden wrote, "goes to the heart of upper-year moral credibility; Ruby could have a field day."

-Malcolm McPherson

More exciting Not ..

So ..Real..News inside on page 19!

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