Ultra Vires Vol 3 Issue 1: 2001 September

T H f ST L- D E NT N E W S P A P E R

VOLUME

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ISSUE

1 •

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SEPTEMBc.R

U N I V E R SIT Y

11, 2001 •

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FACULTy 0 F LAW

www.lnw.utoronto.ca/ultravire~

Court to Rule on Suspension SAC intervenes on behalf of student

BY STEPHANIE WAKEFIELD

to misrepresenting her grades, whether the dean had the legal authority to suspend The authority of the University of Toronto her, and the reasonableness of his decision. and the dean of the faculty of law was put The Court ISSued an interim stay of proto the test on August 23, as Roxanne ceedings on August 31, allowmg Shank to Shank appealed the dean's decision to sus- return to school pending a ruling in the pend her from school for one year. The case. Shank said that she was "really glad case, heard at the Divisional Court of the to be back." Daniels and the lawyer for the Ontario Supenor Court, could have wide- university declined to comment. rangmg implications for all the students Shank was one of seventeen students involved in the grades scandal last year. suspended from the law school for misrepA packed courtroom listened as lawyers resenting first-year December test results for Shank, Dean Ronald Daniels, the uni- in summer job apphcations to Bay Street versity and the Students' Administrative law firm~. Shank maintains, however, that Council debated the definition of "acade- the substttunon of two "C +" grades for mic record," whether Shank had admitted two "C" grades in Torts and Contracts was a carcle:-s clerical error and not a deliberate falsification . Her factum notes that up to this point she had a pristine professional and academic record, and that at the As the law school waits for a ruling time she was under considerable stre~s due from the D1visional Court on the susto a serious family illness. Under the Code pensiOn of Roxanne Shank, the matof Behaviour on Academic Matters, the ter of three students referred by Dean dean can illl\XlSC . anctions on\y if the stu Daniela ro che provOH rcmams UNe dt:!nt admit to c.on1m\tung nn ncad~mK nt tr nJ often ; th mise, them. tt<.:r p . to

Tribunals on Hold

•

a cnbunal if tltt.• Pn>vosc

University spokesperson Susan BlochNcvitte said that no date has been set for the tnbunal because the university has not yet laid charges. "'I11e umversity discipline counsel is continuing her mvestigation and is in the process of makmg recommendations to the provost on the laying of charges," she said. When asked whether the students have been allowed to register at the law school, she replied that ''until we have determined whether we are going to lay charges, they have the right to be in school. Therefore sanctions have not been 1mposed."

"The long delay is difficult to explain," said Professor Hudson Janisch. "It's really extraordinary that nothing has been done. I think that one could go so far as to say that the university has senous questions about its jurisdiction and is waiting to go ahead until the court case is decided."

He added that if the Divisional Court determines that the December test results were not academic records, "the likelihood of the university appealing to the Court of Appeal is extremely high."

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charges.

The universitr was rcprescnrcd br Linda Rothstcm, who recend}' left Cowlings, Lafleur & Henderson to form Paliare Roland Rosenberg Rothstein.

Clayton Ruby, from Ruby & Edwardh, argued for Shank, while Daniels was represented by Torys lawyer John B. Laskin.

If the case is decided solely on whether Shank admitted the academic offence, the ruhng will most likely only affect her suspension. However, the question of whether the pieces of paper submitted to Bay Street by first-year students were academic records has implications for all the students involved. In fact, SAC believes that it involves all 54,000 students at U ofT. For the first time in its history, SAC decided to mtcrvene in a court proceeding.

"We got involved in April," said SAC University Affairs Commissioner Agata Durkalec. "Students came to me from Medicine, Arts and Science as well as Law, voicing their concerns."

In July, SAC wrote a ten-page letter to Provost Adel Sedra, and sent a copy to Clayton Ruby.

"Ruby said that we had a really strong case and he would like us to get involved

Please see "Court decision," page 2

Finns Pull Out of Match Students and recruiters agree that progran'\ is t\awed \\'i ANG'El..l'. lM-\1!.5

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available ti.lr thlrd-}·t.•,,r .,cudcnts looking reall~· :><.m'c rht• dt~peranon tlmong uutny of chc sruJcnt.s mc..·rvic" ing ar some o{ for arricling Jobs.

"We ad\'ised students to apply broadly these places."

Firms and ~tuJenrs have aho highlightthis year and to take into consideration the number of spots available at the various ed problems inherent ~1th rhe articling organizations," explained Bonnie march program, the Law Soc1ety sponGoldberg, Assistant Dean, Career sored process for the recruitmenr of articling students. Students complain of conServices.

McMillan Binch was one large firm that tinued pressure to meet with firms early in did not participate in external recruitment articling week.

"Considering the fact that the nonfor articling positions, and thus did not match firms can give out offers nght away hire students not already employed by the and the various hints from the match firms firm. According to Stephanie Willson, about how students will be ranked, there Director of Student and Associate Programs at McM1IIan Binch, changes to the bar admission course have created a Please see "Fewer positions," page 6 need for mcreased summer recruitment.

Articling students are now m class throughout the summer months.

"The feedback I get from the students in the bar admission course is that taking • Asbestos in classrooms, p5 the course at once makes sense and is • Professor Mewett, p7 quite helpful," Willson said. "However, • Orientation photos, p8 that leaves us with a need to hire students • Internship Feature,pl0-11 to fulfill the student roles during the sum• What's "public interest"?, pl5 mer. It T he diminished number of articling • Guide for first-years, p19 spots at larger firms was clearly evident • Not-So~ Real UV News, p20 th1s summer, as McCarthy T~trault, r Fasken Martineau DuMoulin and others

INSIDE

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ULTRA VIRES

NEWS

2

In Brief BY n.\( WILBUR, NOAH GnTERMAN, AND DAN MURDOCH

December exam policy Fmt•year stuJents remain in limbo for the rime being, not knowing how or if their December rests will be evaluated.

Professor Catherine Valcke, who chairs the committee on December tcsrs, said that rhe committee will be giving its recommendations to Faculty Council in late September.

Once these recommendations have been comidered, Faculry Council will be able to make a dectsion on how the December tests will be C\'aluated. Yalcke was unable to comment on the substance of her comnnrree's recommendations.

New acceptance rules for Scotiabank loan The Scot1abank loan may be easier to acquire for certain students at the law school. Previously, the program required thnr students 26 years-old or under declare the income of their parents, which affects their eligibilitr for the loan. After the recent changes, any student who has been out of high school for seven years will not have their parents' income considered. Aladdin Mohaghegh, the Financial Aid Officer at rhe law school, said the changes were implemented due to complaints from the student body. Mohaghegh encourages students to let rhe Fmancial Aid Office know about any other problems with the current loan S}'Stem. "I wanr students to know that if they have a problem with the system, they can let tiS know." The reqturemems remain more restrictive than those of OSAP, which stops considering parent income five years after gtaduating high school.

Court decision could impact all 17 suspensions Continued from page I legally," stated Durkalec. SAC retained Larry Banack of Ko~kic Minsky.

SAC argued, as did Shank, that not only were the ~ub­ mmed marks not academic documents, but that the univcrsiry does not have jurisdiction to govern the relationship between students and third parties, includmg potential employers. The universiry and the dean advocated a more expansive definition of the Code and of their statute-granted aurhoriry.

Both Ruby and Banack contend that the Code is unclear. "There's the Code of Student Conduct and the Code of Behaviour on Academtc Affatrs, and both regulate t he activities of staff, academics and student:.. If you look at the Code you won't get the whole story unless you look at the appendix. At some point I say give me a. break," said Banack, who would like to see a student-led public education campaign on the Code.

Hudson Janisch, who teaches adm inistrative law at U of T, disagreed t hat the codes are roo complex for people enrolled in universiry. But he was still uneasy about the interpretation given by the dean and the universiry.

"I was concerned from the outset that on initial reading of the Code, it didn't cover the students' actions. I was not persuaded that they were academic documents.

I'm more than persuaded there's a serious question," he said.

Janisch, who along with Jim Phillips was one of two faculty members present at the hearing, dedicated his first Administrative Law class to the court proceedings and the investigation of Professor Denise Reaume, which took place last year. The Reaume investigation created an international outcry and resulted in a state-

ment fro m the universiry expressing regret over having named Reaume in connection with the grades scandal.

Professor Phillips, who taught Properry Law to Shank's class last year, has spoken our strongly against the universiry's and the dean's posttions. In the summer he wrote an article for The Bulletin, a newspaper published

by U of T, outlining his own views. Phillips, currently on sabbatical, does not think that the students' actions were an academic offence.

"Even if it was an offence, the penalties were wildly disproportionate, much more than the current law school administration has given out for much more serious [to the university] offences like exam cheating, and meted out without any consideration of context," he stated.

Janisch, Ruby and Banack all felt that Shank recetved a fair hearing and were equally impressed with the significant student turn-out. W hile the court emptied as the afternoon wore on, in t he morning it was standing room only. "I thought it was so impressive that there · were 50-60 students," said Janisch.

Banack felt it could have a positive impact on the case. "Nothing would ever be said by the judges but it's noted. I thin k a packed courtroom speaks well of the institution and the students," he explained.

Second-year student Andrea Chafe said she attended the hearing because she "wanted to find out rhe real story." A lthough she left before the end, Chafe said the court proceedings filled in a lor of gaps. "What they were actually arguing about was really interesting." But she also asked, "When will the circus end? I just ·want the whole thing to be resolved. I think it's distracting the law school and diverting attention from other things."

Report shows negative coverage

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Mac users out of luck Til(: Laptop Committee, formed last year ro look at issues

involving the use of laptop computers during exam~. is considering making ExamSoft software a requirement for all laptop users. The program, which will block access to users' hard drives when they arc writing thetr exams, will only work on IBM-compatible computers.

SanJana Rajan, a student representative on the laptop Committee, supports the idea of using software to ensure that laptop users are not sneaking a peek at their notes during an exam. However, she is very concerned about the effect this will ha\'c on students who have invested large amounts of money in a laptop with a Mac-based operating system.

KOur mam1ssue is access, and thiS narrows access,'' she s:nd. "Everyone ~hould have an equal opportumty to ..:hoosc hO\\ they want to write their exams.''

Lawyer mobility increased T he law socteucs of the four western provinces • B.C., Al~rta, Saskmchcwan or Manuoha - have entered int<l on agreement to allow lm\')ers &om one pro\•mce to prnc· tice ln another for six months Without a pcmut. T his mO\ e to mcrease l.twycr mobthry goes be) ond the current lnteiJun diction.,( Pracuce Protocol of the Federation of LJ\\ Soctetics of G-mada, which allows lawyers to \\ Ork outstde thetr junsdtctton on a maxtmum of ten m:m ers for no more than twenty day5 in a twelve-month pcnod. T he agr~cment calls for reciprocity with any o ther Canadian province WIShing to parucipate.

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A media analysis report on Canadian universities prepared

by Comdex Research shows a large increase in negative news coverage of U ofT last year.

The percentage of university media coverage deemed negative went from 8% in the first semester of last year to 23% in the second. The chart on the left indicates reasons for the shifts in coverage in a particularly rough semester for the un i ve r~i ty.

Sweet 'n Lowdown ~weet

Starbucks coffee - tast) Vic 2 15 • clo~e Free pop at the Dean's BBQ First-year class • they're so cute, all gung ho about the law and stuff Profs • nice work hangin' out with the first yean;

Lowdoom Starbucks prices • steep Cartwright H all - far

NEWS

3

Corporate Exposure Drastically Reduced at Orientation SLS President says students not adequately consulted on changes BY }OSEPH

A.G. B ERI<OVITS

were consulted.

"The school had already finished. I for In the wake of last year's grades scandal, one feel that a major change to a heretoheavy law firm presence at first-yea r fore student-run event should not have Orientation may be a thing of the past. happened without student input," he ~aid.

The law school administration has been "Nevertheless, we wouldn't have agreed to much more cautious about putting on a these changes if we didn't think it would be career-oriented event so early in the year, a great event." and the Faculry of Law IS now the event's A~sisranr Dean Lois Chtang, who has single largest financial sponsor. been the main administrative liaison with While in past years law firms would rhe Orientation Committee, explained sponsor and organize individual events, that Onenranon is now "very much this year events were not connected to focused on the law school community." individual firms. Instead of, for example, She also stated that the administration ha~ being treated to a night of gambling at the always been involved in welcoming the Mohawk Racetrack courtesy of Fraser first-year class.

Milner, small groups of first-year students "Orientation IS the welcoming moment went our for quiet dinners at local neigh· for our incoming class and the faculty has bourhood eateries. And there are no more always had a sense of respon~ibiliry in goodte bags filled with Osiers keychains or ensunng that this welcome is the best welFaskens travel mugs. Everything in the gift come it can be for our students."

First years take a break from a corporate-free Orientation to line up for books. pa<.ks was Faculty of Law-branded.

Orientation Committee Chair Marni Jason Kee, a second-year student and a were ranked not according to the dollar The Administration's desire to change Tolensky (II) advised Ultra Vires that she Vice-Chair of the Orientation Committee, amount they gave bur by how much they the approach to funding dtd nor come "was preoccupied with Orientation" and prefers this new approach. He remembers gave in proportion to their number of asso· without conflict, as the Student:.' Law was not available for comment. being "bombarded with branding during ciates.

Soctety has in the past been solely responKaren Park (lll), last year\ Orientation fir~t year of law school." Plus, he atlded, Thts new funding philosophy meant :.iblc for ratsmg the money and organizing Co-Chair, agreed wi.th the rati.ona\e there was little exposure to public interest that the Orientation Committee had ro the week. SLS President Benjamin behind the policy shift. Park acknowledged groups and government agencies "because run on a more limited budget, but Kee Shmewald (III) explained that the admin- that corporate exposure could be reduced, they weren't picking up tabs." asserted that the extra effort was more IStration was trying to exert much more and that it may have played a part in the Law firms have continued their support than worth it. control over Onentation than in the past. grade~ ~canda\. But ~he di~agreed with the this year, but in a less conspicuous manner.

"Nobody has to worry about making A<;. we\\, when negotiations were hc\J response. "l'm wary becau~ there doesn't Money donated by each firm was put into impressions on law firms or their artiding between the SLS and the admimstrauon to seen\ to be. \.\ rat\ona\ cm,nc(.t\on 'n te.tn\1\ a pot and recogm::ed on the Onentation :.rudcnb on the flr ~t day of sc,J\O<l\. .. \t's ch<\ngc the nature of Or\cnt:.uon, o\ \\1c t><:h\t\on ... \·,nc, y,c\ "<.'\. o~ '''~ program via a tiered system. In order to about getting used to lav.· ~chool, not the Shincwa\d felt that the admmt5tratton h,ld give equal weight co 'mailer fi rms, J o no r!' hnns," he s:uc.l.

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Asbestos Bees • there are way to many Mice (and rats) • the diseased, insane one in the UV office was really scary

SAC calls another election 111e Students' Admmistrative Council has cnllcd a presidential clecuon for October 9 and 1.0. All four executive tickets \\ere d •squahficd from last spring's election due to vanous mfractions of the elections ~ode. A new dccttons code ha~ been created to help prevent last year's prob· lems A number of other student government positions will be com ested m the Fall By-Election. Nominations begm September I 8.

II SEPTEMBER 2001

Do you do websites?

For information on our articling and summer student programs, check us out at WWW.dwpv.com or contact: Frances Mahil Director, Student Affairs 41 6.367.6966 fmahil@dwpv .com

Do you want to develop Ultra Vires' on-line content?

If so, e-mail us at ultra.vires@utoronto.ca, or call (416) 978-7684.

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

ULTRA VIRES

NEWS

4 INSIGHT

New Bar Ads Course: Faster, But Just as Boring

BY MEUSSA KLUGER

IC..TURE IT: OSGOO DE HALL,

P

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llu!"day, May I, 200 1. The recent alumni of lJ ofT Faculty o f L1w stumble into the Ontano bar ,JdnussJOns' course. H aving JUSt finIshed law school the day before, thiS 1s not n p retty sight. Weary from the la.~t mmute pan1c of h:mdmg in papers '-oupled '' Jth a "ild night a t the Dean's Barbecue, now's not a good time for a lecture. After some opening grectmgs and remarks, the class is launched uno an O \ crv1cw of real c:.tate law m Ontano. The hangovers JntcnsJfy. And so bcgms bar ads under the new system. lc us'--d to be that when )011 nmshcd law school you attended bar ads m c1thcr May or June for a month of learning various skilL~ necessary to be a good lawyer (i.e. • tllis is ho\\ vou give a firm handshake. thts ts how ~ou cross-examme) in \\hat was called "Phase One", then articled tor 12 months (a.k.a. ''Pha,e Two") and then finished up with "Phase Three" four months of courses and exams including Professional Responsibility,

Fan\1\) \a..,., and CiVt\ Litigation. Those \a~t

first t\\0 months the old "Phase One" sktlls wmponent IS integrnted with the c.xam materials. For c.xamplc, if )'OU are learning the skill of negotiation and you arc studying tor the Family law exam, you wtll hkcly Icam to ncgouate spousal support or issues of child custody and acCC5S. Then, for july and Auh1'Ust, th~ sk11l~ component IS wmplcte, and it's juq strmght cxan1s. Usually, these are ten days of class and then an exam (you can expect c.xams to be comfortably ~chcdulcd the day after any long week, end), fc>llowcd hy ten more days of class. f:.xam. Class. Ex,un. )ou get the p1cture. ln addition to bemg called tl) the har just seven or c1ght nwnths after the clnss of 2000, the class of 2(X)l has the additlonal advanmge of t1exihility.

Students can choose to complete the July/August component of the course before or after they complete their l 0 months of anichng. It seems that m ost student!> chose to d o their exams straight through the summer, hut some opted to complete the second half of the1r exams next summer imtcad.

Under thts plan ~tudent:; could begin articling in July or take some time off before beginning then artic\ing period.

four months wou\d nm ftom &ptcmlx·r to Dcccmhcr. Calls en the har 110111d nor happen until rebruarr •

No mattct whu:.h option tS c.ho!:ien, rhc~c rrl<l,~t recent law ,~ciJool graduates .~re l'Xpcctcd to be called to thl· har in

almost t\\0 years atrcr graduation (rom law school. Thu:., the U ofT grad) of 2000 are ~till awamng rhc1r call to rhe hat Under rhe new system, the clas.~ of 2001 is dose on their heels.

The nc\\ S)~tcm ts faster not only hccnu e It hauls students into the bar ads course the day after \m\ school ends, but also b<..'CUuse the process has recn shonencd from 21 months to at most t 7. The bar ad~ course now runs stratght through the ~ummcr • from May untll the end of Augu~t. In the

October 2002.

Although student~ \\ere sui! nursmg hangovers as bar ad~ began. the new and faster system h.as tts a,h'an· rages: summer months spent in halfday <!lasses, a great location for raking in an R.E M concert, the jazz fe~uval .md the Mghts and sounds o f Queen Street West; and, o f course, the good fo rtune of becommg full-fled ged la w.,ers f,1stcr.

lawyer~. but why the fim1 sponsorships?"

She added, however, that "the week seems to be going well," and seemed more concerned with the level of an xiety amo ng th is year's incoming class.

"First year~ arc really nervous, super nervous, and speaking as a third year my heart goes o ut to them. I never felt that way during my fim week ," Park said.

At his an n ual O rien tation address, Dean Ronald Da niels did his best to set a reassuring tone.

"Don't get too d istracted by pressures you perceive from the JOb m arket. All of you will secure fulfilling career:.," he stated.

Deborah Glarrcr, Director of Studen t Program5 at Cassels, Brock & Blackwell LLP, a perennial Orientation sponsor, said she understood "why you don't need to have Bay Street rammed down your

-

Lisa Austin to teach first,year Property Many first·ycar srudenrs wi ll have the opportumty to bene fi t from A ustin's love of W hen speaki ng with Lisa Ausnn, it q uickly tcachmg, smce she is teaching the first-year becomes apparent that she love:. teaching. Property course. "Last year I taugh t a "I thought I would he a lawyer when I cam e course on private law and next year I will to law school, but I found law very inte llec- d o a course on info rmation law," she said. tually stimulatin g, more than I tho ugh t I Apart from teachi ng, Au~tin lists campwould." She quickly decided that a univer- ing, film and fiction as interests. "I love sity environment was where she wanted to reading novels • t hat's what subway rides be. arc for in Tt)ronto. However, I have missed "l love be ing at U of T," said Professor my stop:. several times so I have started Austin. "The q ua lity of scholarship here reading more short stories." and my colleagues are all great. It is a real Austin is also affiliated w1th the Centre community." for Innovation L1w and Policy. She encourAfter fi nishing he r LL.B a t the ages students to rake advantangc of the Univer~ity of Toronto, Austin went on to Cen tre. "Students shou ld feel free to drop clerk for Justice Iacobucci. She is now in. T hey can look at our bios on the website. working on he r Ph.D 111 philosophy, on var- There arc publication gran ts in Ontario, as ious philosoph ical critiques of technology well as some e mployment opportunities. and what t his tells us about the law's role in You can also work through the Centre for regulating tech nology. part of the summer if you work at a firm, Although she obviously excelled at law and we arc look ing at having more public school, Professor Ausnn has comforting interest opportunities for students." words for firs t-year students who may feel After talking with Austin, it became lost. apparent that she ts excited about interact"I remember being very overwhelmed ing with students out~ide of the cla~sroom a nd not und e rstand ing [the law] for as well as in class. weeks," she said. Austin recommends to "Students may feel intimidated by the fi rst-year students that they "relax and fac ulty, especially in fi rst year. l hope that make a lot of friends. T he law wil\ m ake a they will eventually feel comfortable to \ot of ~cnsc to y o u as you go." come ami .alk."

BY TIM WILBUR

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5

Air Quality, Asbestos Cause Ren9vation Delays Flavelle classrooms to be ready by end of October

BY N OAH GIITERMAN

Upper-year class schedules have been significantly disrupted due to ongoing renovations to three large classrooms in Flavelle House. Because of concerns over air quality, the administration dec1dcd to go ahead w1th the renovations in June even though they knew that they would not be finished before classes began in September. The diScovery of asbestos in the rooms also added to the delays.

"I decided on balance that the better thing to do was to get 1t done this year," said Dean Ron Damels. "I felt students would understand the dislocation and appreciate our efforts to get the classrooms mto shape.''

Original plans to make merely cosmetic changes to the classrooms were abandoned in early sum,mer, when the administration realized that improvements to the air quality would require much more significant changes.

"It has been an ongoing problem with heat and air because it's very stuffy," said Chief Administrative Officer Kathy T.'lm.

"We got a lot of complaints from students."

Once the decision was made to starr senous ventilation work, asbestos was discovered around the mechanical structures in the ceilings of the rooms. A lthough a~bc~ms, a heat-resistant material com·

Swd(.'!1CS can now get Starbucks coffee - the sttulem lounge is scheduled to open later this month. monty used for insulation or fire-proofing, is carcinogenic, it is only dangerous when it is crumbled and becomes airborne.

Univcrsit) officials maintain that the rooms were safe, and that the ashesto~ was removed according to proper guidelines.

"Asbestos is not a health concer:n unlcs!> it is disturbed ... There is no danger to stu· dent~," stated Brian Szuberwood, a project manager for the university. He ~\so explained t h a t there i~ a ~ignific.ant

amount of asbestos in a number of building~ around campus.

As explained in an c-matl to all upPI!r· years, approximately eighty percent of classes arc su\\ being he\d at the ~choo\.

However, this number may be misleading because it includes both fir,t- and upperyear clas~cs. While 100 percent of firstyear classes arc at the <.choo\, the percent· age of U{'per·year c\ru,,c~at the schoo\ i \cs~ than eighty.

Associate Dean Mayo Moran believes that the improvements to rhc classes arc worth the disruptions, and that the effect on the law school community will not be severe.

"I have a sense that there's a lot more fortitude in the law students, where walking acro:.s the street will not destroy our sense of community .. . the heart of the law !\chool is still here," she stated.

Funding for the renovation project came from the university, as well as three private donors, which include one anonymous donor and two law firms. The law firm-sponsored rooms .,.,.;11 have names chosen by the, firms. Ne1thcr the firms nor the chosen names have yet been publicly identified.

The classroom renovations are scheduled to be fin1shed at the end of October.

Renovanom to the Rowell Room and the fourth floor of Flavelle arc scheduled to be completed at the end of September.

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graduated from the Faculry of l.nw at l1 ofT m 200 1.

th roat."

In the past, Cassels had a presence at O rientation by sponsoring the Pro Bono lu nch. T his year, while G latter explained that information exchange between students a nd lawyers has been hampered, it is "probably for the good."

"We're still sponson ng [O rientation] because we understand the need for the change a nd arc very respectful of that," she said.

Wha t did first-year studen ts have to say abou t the ir o ncn tatlon ? Most studen ts were more interested in getting directio ns to their next class o r in getting the scoop on vano us professors. Andrea Jeffery smd, "I'm havmg a good time, definitely, really impressed. Everything is well organized . T he events seemed really good." James Rempel was equally positive. "It's been good. Students have been friendly ~0 r appreciate it."

NEWS

' '

Mel1~sa

Less firm presence during Orientation Contmucd from page 3

New Faculty Member Excited About Teaching at U of T

II SEPTEMBER 2001

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6

There will always be a segment of the law school population that is distinct from others in their class.

Academic superiority, confidence business and sense set them apart, yet these are not the only qualities by which they are defined.

It is not so much who they are, but where they want to go that will separate them from the crowd. These are the students who will achieve their goals with Goodman and Carr LLP.

EVERYBODY OUT OF THE

POOL

Goodman and Carr LLP is pleased to welcome the following students for the 20oi/2oo2 articling year: Estelle Due:t -University of Toronto

Carita Pereira - University of Toronto

"word on the street was that U of T was accepting a lot of transfers." This student A n unprecedented number of transfer stu- stated that he was accepted "within 45 dents will be joining the second-year U of minute:, to an hour" of faxing his law T law class thts September. The school school and undergraduate transcripts to generally admits a small number of trans- Admissions Officer Judy Finlay.

The process can be "very quick" if the fers from other Canadian schools. Last applicant clearly meets the acceptance criyear eight were accepted. This year the teria, explained Weinrib. When it comes Admission Office accepted 23, with twento accepting transfer students, "the school ty choosing to come.

According to Arnold Wemrib, Chair of is essenttally [Assistant Dean] Lois Chiang the Admissions Committee, the academic and me." Though he would not outline the requirements were the same this year as m specific expectations, Weinrib explained the past. "There were a lot more good peo- that, when evaluating transfer applications, the sole concern is performance in ple out there than before," he said.

The increase was not, he stressed, the law school. Past achievements only impact result of having more openings due to the a first-year entrance application.

The Admissions Committee, said suspension of 17 members of the class of 2003. However, Weinrib does acknowledge Weinrib, "approached (transfer student that while he was "surprised" at the large admissions] the same way we always do," number of applicants, more students may - and did not change the procedures have applied to transfer to U ofT because because of a large increase in applicants. they believed the school would have more The school does not acttvely pursue transfers and much is passed through word of spaces to fill.

Last year, when eight transfers were mouth. Explained Weinrib, "somebody got accepted, 32 applied. This past summer, in, who told a friend, who told a friend, when 23 were accepted, seventy applied. who told a friend."

Of the twenty transfers, ten are from "If it was a makeup case," said Weinrib, referring to the unusual loss of 17 students, Ontano schools and ten are from elsewhere in Canada. "we cou\d have accepted more."

BY D AN M URDOCH

7

TRmuTE

Twenty Transfer Students Admitted to Second--Year Class Admissions Committee denies increase motivated by suspension of students

NEW S

11 SEPTEMBER 2001

Phillips Remembers a Friend and Mentor criminal law and evidence, and crossword solver extraordinaire.

HE DEATH OF PROFESSOR Hundreds of people- students and forAlan Mewett in early May of this mer students, everybody who works or year left a very large gap in the lives worked at the law school, and numerous of many at the law school. Alan came to friends - attended a public celebration of the school in 1968, after reaching at his life at the Great Hall in Hart House.

For many of us at the law school, howevSaskatchewan, Queen's and Osgoode, and quickly established his reputation as a er, Alan is best remembered as a friend and wonderful teacher. His classes in criminal mentor, a man who simply loved life, peolaw and evtdence . . . . - - - - - - - - - - - - - - . pie, and his garden. I were universally was not his student, hailed as erudite, 'A constant and and did not work in witty and cogent, the same area, but much, loved presence in wit h a touch o f the he more than anyoutrageous invariour lives has gone." body extended the ably thrown in. He hand of friendship was also always when I jomed the accessible to students outside the class- law school. Hardly a day would pass withroom; for many years he hosted late Friday out my spending time in his office, the only afternoon drink sessions at his house for one in the law school exempt from the nofaculty and :,tudents, a real perk for those smoking rule, and I learned a great deal from hts¡ gently offered advice and quiet working at the law school in the summer.

Fittingly, the only teaching prize we encouragement. He was the best man at have at the law school is named for Alan, my wedding, and I chensh the picture of created by students when he retired a few the two of us together on that occasion years ago. Equally fitting, he continued which for some years past has appeared in teaching his always over-subscribed class the law school calendar. in evidence following that retirement, and Alan had many good friends. At the law was slated to do so again this term. Alan school they included, especially, Martha was no less accomphshed as a scholar, edi- Shaffer and Brian LangtlJe. Martha, who tor for some thirty years of the Cnmtn<ll described him as "an amazing teacher" in Law Quarterly, author of five books on the Globe's obituary, wil\ always remember

BY JIM PHILLIPS

T

the help he gave her as a starting faculty member and the affection he showered on her and her children. Brian, speaking at the memorial event at Hart House, recalled the pleasure of the winter vacations and days spent gardening that he and his wife Cindy had shared with Alan.

Over the last few months Brian and I, as his executors, have been continually

reminded of how wide was the circle of people who knew and liked Alan.

The beginning of a new school year is always an invigorating and optimistic time, but this year, for Brian, Martha, myself, and many others, it is ringed with the regret that a constant and much-loved presence in our lives is gone.

The Students' Law Society mourns the loss of Alan Mewett, Q.C. , beloved professor to generations of U.niversity of Toronto Faculty of Law Students.

A ccording to o n e transfer studen t,

Fewer positions offered through match Continued from page I

Michael Ghert - University of Toronto

Lida Bucyk -Queens University

Brent Clooney - Queens University

David Greenwood - Queens University

Mark Fletcher - University of Western Ontario

Michael Rubinoff - University of Western Ontario

Anthony Strawson - Osgoode Hall Law School

Jennifer Watson - Osgoode Hall Law School To learn more about the Goodman and Carr LLP student program, contact Joanne Schaefer at 416.595.2437 or visit www.gocarr.com.

met with them in the morning and was offered a second interview right away. really isn't the opportunity to meet with That night when I went out with them to that many firms and reflect on which ones dinner, I was told I would be ranked withyou like best," explained third-year student in their complement."

Warren Ragoonanan.

Jackson also explamed that a tendency Robert Muir, Co-Chair of the Articling exists among many firms to use the match Committee at Blaney McMurtry, backed process in such a way that it resembles up this sentiment. "Every year the process non-match procedures.

"Basically, the match program is just an becomes more and more truncated," he said. extra expense. We make our offers and pay Although one of the underlying premis- for that many spots in the match system," es of the match program is to allow stu- she explained.

The relative laxdents the opportuni- . . . . - - - - - -- - - - -----. ness of the current ty to meet with sevarticling week eral firms before "Every year the process guidelines seems to making their decibecomes more and reinforce these sions, the process trends.

Muir also does not seem to be more tnmcated" pointed out that supporting this goal, ' Robert Muir, many firms do not explained Mary Blaney McMurtry to follow the seem Jackson, Director of spirit of the match Legal Personnel at process.

Blake, Cassels & "Our practice of waiting until the end of Graydon.

"There are actually less protections in the week before ranking students is relaplace for students during articling week tively unusual. Although it may seem to than there are during the summer recruit- put us at a relattve disadvantage, we are ment process," she said. "While students consistently impressed with the quality of during the November interview week can- the students we hire," he said. not receive offers until Wednesday, students can be told as early as Monday that they will be ranked within a firm's complement of articling spots."

According to one student who will arti' de with a large Bay Street firm this year, "I

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ULTRA VIRES

NEWS

Orientation 2001: A First--Year Odyssey The Orientation 2001 Committee managed to put on a great week for the first-years, despite a deciston to elinunate specific firnHponsored events. Through scavenger hunts, mini-golf, dinner outing~. and BBQs, first-years got ro know each other and the rest of the law school community.

Clockwise from right: First-year students enjoy another free lunch; posing, beers in hand, at the law school's favourite "wet" hangout; one of the few injuries during onentation week; President Bcnjie Shinewald (referred to most commonly by the simple acronym, 'PBS') and friends; students and profs enJoying the BBQ (and the free pop).

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Our commitment to open and honest recruitment and our progressive mcntoring and training programs offer students a learning experience that is second to none.

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FEATURES

10

ULTRA VIRES

Career Services hopes for substantial firm involven1ent in n1ore formalized program Thi~ ~umm~r.

a record numhcr ofU ofT law participated in th~ .~chool's Inrernational Human Righr~ lntern~hip Pmgr.lm (IHRP). There were 28 intern~ in total, with 13 of the~e internships funded by the law ~hool and IS -,pon~ored by firms. In addition, ten ~rudenb participated in the Puhlic InterN Advocacy (PIA) program, four did internships through the Centre of Inn<mltion L"lw and Poliq (CILP), and three srudenb did lntcrnattunal Busine~ and Trade Law (IBTL) internships. All of these arc firm-sponsored , and involve students sphtting their summer between the firm and the instcrnship. With the number of srudent~ interested in rhc~e summer programs growing each year, and with only 13 human rights intem~ sponsored by the law school, it is clear that continued firm funding for the programs is necessary for the number of participants to remain at this level.

Bonnie Goldberg, Assistant Dean of Career Serv1ces and the coordinator for all the firm-funded internships, is optimistic about firm response to spli't-summer programs. In particular, she has worked with firms co formalize the fast growing IHRP chis .'>ummer, and is thrilled with their eagerness to participate. While other smaller programs have been formally sponsored by firms since their inception, firm sponsorl>hi? of the \HRP ha::. ~en done on an ad hoc, individual request ha.,is until now.

With numbers as high as the} are, fom1a/~tudcnt~

i.zation is necc ~ary to clarif)· uncertainuc~ of both fim1s and srudcnb. Rather chan having ~wdcm~ reque~t the IHRP individually from their firm-,, participating firn1~ will be publict:zed in aJ,·ance, and each will gi\'C a ballpark numlxr~ of student~ they :~re willmg to spomor. Student~ will then be requirl·d to let hoth the firms and the school know that they will I'C appl)ing ro the IHRP. This is how the mher internship programs operate.

The most significant change for students, however, is that there will no longer be a two-tiered system for chtKising interns. In p:~st years, school-funded interns have been chosen by a law school committee.

Successful internship candidates have had to show a demonstrated p:~st commitment to human rights issues as well as the completion of courses demonstrating related interests.

Firm-funded interns, however, were able to approach firms to ask for funding without gomg through the law school process and potentially without demonstrating merit. In the new system, both firm- and school-sponsored interns will be chosen by the law school commtttee based on their demonstrated commitment to human rights issues.

There w11l now be two IHRP Committees: one will be in charge of choosing school-funded interns, and the other in charge of selecting firm-funded interns on the same criteria. This process ensures the integrity of the program, and prevents students who ch~c)()~C not to ta\.e the firm route from being disadvantaged by rhe process.

Lianne Krakaucr, D1recror of the Career

BY }ILL EVANS

Dewlopmenr program, bclie,·cs that thi~ is n p:lrticularly important change as studl!nts

who do firm sponsorL·d iruermhip~ have a

JUST THE FACTS

n· ponsibility to their firm~. Students who arc not interested rn working at large Ttmmto firms should thus not be :~pplying for firm jobs simply to incrca~e rheir chances of doing human nghb work.

Goldberg acknowledge~ that the new arriclrng sy.'>tcm, which leaves firms without articling students in the summer months, re~ults in a greater need for summer studcms at firn1s than traditionally. Regardless, she feels that firms are willing to find creative ways to both fund mtcrns and create a more Intensive summer lcarmng experience for students while at the firm. Some firms, for example, arc having different students leave for mternships at different times, while others are ensunng that the more intensive parts of their traming programs arc m the first half of the summer when all students are present.

Historically, some firms have always supported internship programs as posinve growth expenences, while others simply find participation in the programs a necessity to be competitive for top students. Whatever the reason, at thiS point in time, Goldberg feels very posinve about continued firm mvolvcment. With ten to twelve firms already formally participating m next year's program, there is reason to believe ch:~t the lHRP, along with the other internship progrnms, will conrinuc to be n pnrt of U ofT srudcnts' summer experiences.

University of Toronto Summer Internsh ips

At:mlable inu~mship Jnngrams Pubhc Interest Advocacy (PIA) Centre tor Innovanon Law and Policy (CILP) International Business and Trade Law (!BTL) International Human Rights (IHRP)

Numbers of intt.'ms m Summer 2001 10 PIA students 4 CILP students (+2 from other law schools) 3 !BTL students 28 IHRP student~ (13 school-sponsored, 15 firm-sponsored)

History of tlte Program~ PIA - 13 years old CILP - 3 years old !BTL - 11 years old IHRP • 12 years old

Firm-funded versus school-funded 1HRP ·about 10 school-funded interns (13 this year) and the rest arc firm-funded.

The other mtcrnship programs have always been firm-funded inte rnsnlpe

Monitoring the Monitors Key requirements for the responsible engagement of the international community in Bosnia BY

EsrtE GARFIN

Due to violent conflicts and human rights violations around the world, many would agree that it is necessary and good to have international organizations working as global monitors. The International Community (IC) ha~ been heavily involved in Bosnia-Herzegovina to ensure the atrocitie:. committed there in 1991-1995 are not repeated, and to help rebuild governmental, economic and civil institutions. Despite the extcns1ve intervention of thL IC in Bo~nia, there arc few mechanisms to monitor and control the work of the.'>C agencies.

Two measures arc necessary to ensure that !>UCh engagement is respom1ble and beneficial: I) the c rabli~hment of a fom1al sy:.tem of safeguards to check the power of the IC to unilaterally impme it:. policies in subject countries; and 2) the creation of channeh for the participation of local pt."'ple m ~cering the policies and strategies of the IC in their own countries.

In Bo~nia, the goal is ro develop institution~ in accordance with European and international standards for democratic government, respect for human rights, and liberal economic policies. Mo~t of the work by the IC has been positive: violence has been controlled; increasingly, mmority populations are returning to their pre-war homes; and national human rights imtitutions are in the nascent stages of development.

Nevertheless, th~re arc abo :.orne que~tion· able practice~. The High Representative, an international office established by the Security Council and other intern:~rional bod1es chat coordinate the civ1han unplcmentation of the peace plan in Bosnia, has the power to impose law:. in Bosnia without any rnput from local citizens. This authority has often been used to hasten the reform process and circumvent nationalist politics that prevent the local legislature:. from passing necessary laws. Nevertheless, this process of decree is undemocratic and not

subJeCt to any prescribed proce~s of review, either within Bosnia or by the outside IC. Whether it is posinvc for the IC to implement institutions in Bosnia that reflect the values of intervening countries is open ro debate. But if it is a~sumed that those values arc worth pursuing (as I believe they arc), then international organizations must be held to tho~e same standards. To allow otherwise is hypocritical.

The plurality of organizations at work in Bo~nia acts as a partial check on the pow· er:. of any one agency, and the ability of

local people to assert their civil and political rights also helps control the involvement of the IC. However, more forn1al mechanisms, such as offic1al consultation and review processes, are needed to control such enom1ous power. Local governments may not be stable enough at this time to be left to their own dcvtces, yet they can still make a valuable contribution to the policies that govern their country. They must be given the opportumt) ro develop democratic skills by working with international organizations. Funhern1orc, the IC outside Bosnia should be concerned about the poli· cic:. being impo. ed by it:. representatives, and should review those laws to ensure that they comply with intcrnation:~l standards.

The IC undermines its own c:~use if its approach IS inconsbrcm with the values it attempts to disseminate. It has a responsi· bility to act democratically, nor only with the input of mtervening countries, bur by permitttng and encouraging the meaningful participation of locill people and the establishment of a formal system of checks and balances on its own power. Only as a (Xlsi· tivc role model will the IC be able to reinforce the democratic lessons necessary to establish healthy local institutions. It i~ nor possible to impose a well-functioning democracy by high decree.

Estee was an intem at cfle Organization

for

Securzt:y and Coot>cration in Europe in

SaraJevo.

II

Putting Life in Perspective: An Intern's Lesson in Thailand

Will Finns Continue to Sponsor Split--Summer Internships?

BY Au E:-;GEL

FEATURES

II SEPTEMBER 200 I

WAS THREE WEEKS INTO MY 2-week internship in Thailand the ay all first year law student:. dread arrived • April exam rradcs had been posted on the internet. L1w school, Toronto, and everything assoc11tcd "with life back home already felt months behind me. Thus far, living and working in' Bangkok had been an incred1ble experience. I felt comfortable, seeded, and had quickl} tallen for the crazy City and the people who lived there. As such, I was not looking forward to having to wrap my head around notions of credits, GPAs, bell curves and other remmdcrs of our beloved Flavelle.

Curiosity, of course, got the better of me, and in a small mterncc cafe on Phra Athit Road I p1cked up my grades ... and was overcome with a sinking feeling of mediocnty. As I sat there, licking my wounds, the endless barrage of petty thoughts famtliar to most of us began to race through my mind: How did this affect my job prospects for next summer? Did I want a Bay Street job? Would I have that option? Was I not cut out for law? How

TI

The Thailand inters eating - you guessed it - Thai food. many more hours a week would I have to devote to reading next year? And so on and so forth, until I stepped out onto the street ...

Then everything came into perspective.

The street vendor selling roasted crickets and cockroaches, the barefoot children chasing each other in circles around the phone booth, the Buddhist monks crossing the street in front of me, the baby elephant

walkmg along the sidewalk ... I'm in freakin' Bangkok! Get over yourself. Jill. I got many things out of the time I ~rcnr in Thailand a better understanding of child traffickmg in Southea~t Asia, a stomach ,-iru,, a taste for green curry, a scn~e of what it feel~ like to always be an outsiJer, an ability to sit sideways on the back of a motorcycle- bur bcM of all, I found perspective. It is tiXl ca:.y for me to get wrapped up in the mundane, narrow reality of being ''a law student."

Working and living in Thailand for the summer was an ideal resp1te from this reality, and one that has allowed me to really think about what it is that makes a hfe accomplished and successful.

As I look forward (ahem) to a semester packed with interviews, mooting, fourinch-thick readers and inevitable exam stresses, I know onl)· too well I'll get sucked back into the race. I now know a little better why I'm here, though - not to build a dtStmguished career, but tO feel around until I come upon the kind of "accomplished life" I want to live. And mine JUSt may involve a little less time brushing up on case law and a little more time perfecting my curry paste.

Observing a Malaysian Gender Discrimination Trial --t~ l "hc_

t;ecoud half ot tny umuu:r

courts, a young magistrate sat in place of a judge, and he did htt\e to prevent the mfa\\\OU~ defense attorne)' ftom continua\\)' hadgering rile witness. Defent:e <.:ounse/ ment trial.at which the wee is a watching repeated some questions ten times with brief (counsel that 1s <lllowed tO be in nary a "move along counsel" from the court, but has no standmg and may not bench. Nor did the Public Prosecutor parncipatc Without leave of the court}. speak up when the lawyer shouted "I put It The German general manager of a Penang to you that you are a blatant liar." Later she Hotel was charged with "outrage modesty" was accused of being party to a conspiracy under the Penal Code, the closest Malaysia despite no ev1dence from the police. currently has to a sexual harassment law, Meanwhile, there was clapping from the for his verbal and physical abuse of two gallery when the witness broke down in women employees. Stx women were fired tears, and someone commented that this for their support of the complaints against was "good theatre." Defence counsel went him. so far as to tell a journalist that the witness The blatant sexism displayed towards all had been "put up to it " by WCC. And to of the women mvolved m the trial ·was eye further demonstrate that the old boys club openmg and disturbing. One poor woman is strong in Malaysia, the many defense sat on the stand for three consecutive days lawyers (this is a large horel chain) were before the trial was adjourned to outrageously rude to female counsel as well September. This being the lowest of the as witnesses.

Malaysian society, and its legal commu-

BY ANNA MARRISON WOlS

~;pent

in Pcnang, Malaysia, working with the legal reform committee at the Women's Crisis Centre (WCC). Unlike some mtems working in developing countnes, I d1d not feel more privileged than most of my colleagues - many of them were educated overseas, and as lawyers, were relauvely well off. Further, unlike other Asian cities I have visited, Penang IS very multicultural and most people speak some English.

I spent most of my time at the Centre working on legal issues, including proposed sexual harassment laws, rape laws, a new incest provisiOn, and the new Child Bill.

Legally, a lot happened during my short stay in Malaysia: "gender" (or "sex" in Bahasa Malaysia) was mtroduced as a constitutionally protected ground, and Penal Code amendments were passed.

nity in particular, sti\\ has far to come in its atutude towards women. This became clear during three day!> of a sexual harass-

So how did 1 fit into thb scene as a fore\gn mtem ob,erver? The part of attending the tria\ \ enjoyed the mo:.t was that my pr,•_,,•nce as ,, tC.>rcigncr drew some curio.o;ity and maybe, juH maybe, drew a little dis-

comfort for the arrogant defence ream. At one pomt a guard whispered chat I was wtth CNN; later one of the defense muttered that I was with a human rights organization. These comments were at least one small sigrtal of some awareness the e proceedings were being internationally monitored.

1

EDITORIAL

12

ULTRA VIRES

The Punishments as Contemplated in the Media

EDITORIAL

Giving Orientation Week Back to the Students Dc~plte la.~t winter's public protesta-

from the ndmimstrauon that the Ia\\ school b not overrun w1th CClrpor.tte propaganda, major changes to Orientation Week have been implemented from the top down w reduce firm imolvcment and exposure. Th1s is a promismg s1gn that while Dean Oamcls may say v. hatever he thinks best to the media, at least in pracucc he w11l re:.pond to student concerns.

Unfortunately, according to SLS Pres1dent BenJamin Shincwald, the dean IS still not letting student~ help frame the response.

Oncntation Week is much improved by the reduction of firm mvolvement. But it IS an event for incoming smdents that is best planned by other students. Orientation is primanl~ about (lrst-year students meetmg each other and havmg a good time.

We Jo not mean to offend, but smdcnts are tar better qu.:tlificd to plan a good party th,m Ron and Lms. Further, a distinction needs to be dra\\ n bet\\. een ftm1 1m olvement and fim1 sponsorsh1p. for sure, there 1s no ne~d tor recrmter-planned and lawycrtiOns

t5:N-r~TION

'1/iCEk WITM R~IUC.:t'CiiO Ftlfm S~t>H~OifSHIP

11RoVI&S YOV PONT NE.El> MONEY To HAVE ~ .'

Letter to the Editor Edicors, Before decidmg to a trend the University of 1i.mmto Faculty of Law, I was well aware that it wm, a faculty which put a tittle too m\lch em\'ha!>i& on mone~ and the ?resent· \'i \'1<~\\\\ht, \t\C.\\\.n.\\'1 ll\\~ \\'">tn.\\'1 uq,t\vet\.

rwo·llhcml pt'r-'JX'ctia•. De.~pirc this I hie the lwflct and cnrnllcd, jmcil}·ing and perhap:. nwona/mn.~ chis cho~ee in rwo wap;.

For orw thing, there llad to be .some wt.••ght to rile nrgumenr that the best way to change society wa~ from within its walls.

Smce the law in general, and the faculty in parttcular, IS knee deep in the status quo, what better place to start? Moreover, 1 explained, surc\y the law school's noble goals, as laid out in the handbook, would leave enough room for opposition and independent thought.

Of course 1 was mistaken on both fronts.

A school that in practice defends the status quo can tolerate only limited amounts of dissention, while challenges which threaten the nature of the institution itself must be crushed.

Alas, the recent "grade scandal."

Although Dean Ronald Daniels and other like-minded individuals portrayed the

ULTRA VIRES L~ the student newspaper of the

Faculty of Law at the Umvers1ty of Toronto. Our goal is to provtdc a forum in which students can exchange their ideas. We hope to foster a sense of commumty within the Faculty of Law, the University as a whole, and the greater Toronto area. Oul' miss100 is to Increase student awareness of legal and soctaltSSues and, in tum, to encourage our peers to contnbute to the many commumues of which we are a part.

investigation and sub~cquent penalties as a way to deal with cheater!) and reaffim1 the school's commitment to honesty and ethical laY.)'enng, the way the investigation unfolded makes it clear that the!>e objectives were 1.h~ingenuom at best. lf hone5ty wc:n~ \t\\\'f

\he ..,\m, wn'i ull\ the ,.,choo\ not

ndmit ~omt• fault for tht' structural problc:m.~ \l'hich ir ~occms must h;:we existed ro have cau~ed aJmo~t half of those who applied ro lie? Surely the pedestal the big firms nrc placed on within the school, coupled with the firms unwavering demands for "practice tests" which "they have no right to" and which "the school \.Viii not rclea!.e," amongst other things, placed some stuuents in a confusing dilemma.

Once more, it b no secret that the law school has consistently advanced a high number of students who had misrepresented their practice tests. Would a quest for honesty not include looking into past years to try and determine the true extent of the problem?

Indeed, honesty and ethics were not the impetus for the school's conduct at all. It seems, rather, that this round of cheating was carried out a bit too loudly for the status quo to tolerate. The big, money-cen-

Editors-in-Chief Noah Gitterman Dan Murdoch News Tim Wilbur

Features Ali Engel Beatrice van Oijlc Editorial Attila Ataner

legal Issues Simon-J. Proulx

Mtcmlc<\ soc:1.•\ events. The Tuesday

m.t;ht outings that, in functton, ensured l.tw students would experience their tl1 ~t rel:rUJting event before thl'ir fma d.ty of cla~s. are best removed from the schedule.

Bur Oncnt<)tion will sull cost mone), wluch bnngs us w sponsor:.h1p.

You may have noticed, if the class ~ou're in is panicularly bonng, that this

tred firms cannot he associated Y.ith vocalized cheating, for their activities after all, no matter how depraved, rest comfortably under the cloak of legality and are effectively insulated from scrutiny. Similarly, a school whose role is to inculcate its students with the firms' ideology will not only crush students at the firms' request, but it will do so for 1ts own sake. Cheating within the school is implicit. When it becomes cxpltcit it must be destroyed. The alterna-

Diversions Stephen Parks Production Manager Salman Haq Advertising Manager Jcnmfer Weinberger Business Manager jenn Bonneville

Copy Editor Lisa Vmch

20-pagc 1ssuc of Ultra Vires contains 17 ads ITom law firms and one ad from lawyer hc,td hunters. Cutting ads would necessarily rcdul:e the qualtty of the newspaper, JUSt as c.uttmg sponsorship reduces the quality (in absolute material terms) of Oriemanon. Tme, \.\C could look to the school for funding, but that puts the prc~sure on tuitiOn. The benefit~ of sponsorship funds must be balanced agamst the detrimentc~l effect:. of pnvatc commercial mcs ages in public (university) sp:Kes. For instance, Y.as the dimin:1tion of tobacco sponsorship worth the loss of jazz festl\'als, fireworks d1splays and other re.tdJiy acce:;stble artistk and commumty endeavours? Pcrltaps. But the gam of reduced smoking cannt)t stand on u:; own. It must be reduced by the social cost of losing these public events.

With Onent.:ttion, these trade-offs must be weight--d by students. Given thc"l.t some classrooms and the new legal clime buildmg are now slated to be fimt-labclled, .md firm involvement w11l no doubt c ontmuc m mootmg .md other acadcmtc pr~ uns, it ts uncle tr \\h~ tlu: school h,I.'; umlatt.rall)' mad..:

this dt•c•s•un for Oricm,ttion. It rhe passive d1splay of firm advcrti~l·ments defaces the campus and spoils thl' spirit of Orientation such that the funds gained merely let our mouths taste wine wh1le our eyes hum, then good nddance. But it's the students and not the administrauon that needs to say ~o.

tive would simply make it too easy for society to justify dismantling the institution and the social exploitation it has come to epitomize.

The lesson? It is only cheating when outspoken as such. So cheat society, justice, and yourself quietly and you'll be well on your way to becoming the perfect, U of T moulded lawyer.

- Submitted by a stutk'Tit suspended for misrepresenting grades.

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 Student.!i' Law Society (SLS) or the editorial board. The edit()rs welcome contributions from stt1dents, faculty and other interested persons, but reserve the right to cd1t submissions for length and content.

Communicanons Centre Falconer Hall 84 Queen's Park Crescent Toronto, Ontario MSS 2C5 ultra. vires(a utoronto.ca www.law.utoronto.ca/ultravires Advertising inquiries should be sent to the attention of the advertising mapager at ultra. vires@ utoronto.ca Ultra Vires is published monthly, and IS printed by Weller Publishing m Toronto.

Cuculanon 2,000.

The next •ssue wdl he in October 2001.

COMPll..ED BY ATilLA ATANER

"The dean's careful assessment of it was that the sanctions imposed were appropriate. Anything less would have been seen as a willingness to accommodate a standard which simply is impermissible." ... "l certainly hope it sends a message. While there's an alarming number of people mvolved, there was a very large and substantial majority of the class that wasn't tempted or, if tempted, thought better."

- Otuu.m lawyer David Scott, as quoted in The Toronw Star (May II, 200 I)

LTHOUGH MEDIA COVERAGE of the winter grades "scandal" peaked last winter, the fall-out conttnued to attract attention through the spring and summer, and further commentary will no doubt follow the on-going challenges to the punishments handed out by the administration. The debate is formed in this way: do we simply say that a significant number of indiviuuals made delihcrate, wrongful choices, or were the~e wrongful choices the product of a certain . . . the law school's sanctions entirely problematic context, and thus reflect sys- ignore the context in wh1ch these misreptemic troubles at the law school? We ~ccm rc~entations occurred. From the beginning to be caught in an old phtlosophical the me~sage sent out by the law ~chool prcJicament. Docs a culpable choice (the admmistration has been that rhb context "act it~clf") stand on its own, grounding a is irrelevant, that somehow the school punttivc response, or docs it flow from admitteJ a large number of "bad apples" wtder external ills besetting the individual where none had appeared before. This is absurd .... who made it, comThe reaction of pelling an a lternamany faculty memtive, non-pumttve our systems aren t geare to bers I have spoken response? The folto about thb, mside lowing is a compilahandle out,and,our lying." and outside the law tion of media com... Heather Bird school, has been mentary on the matshock at the severity ter. of the penalties and Harsh? Perhaps. But our systems aren't concern about the rationale for them. geared to handle out-and-out lying. There That rationale, judging by public stateis a leap of faith when you go to any pro- ments by the law school administration, is the need to conform to the apparent stanfc~sional, whether it's a Joctor, lawyer or accountant. You nor only have ro tru~t danb of ..o ur profession." But such rt•fcrtheir knowleJge, you have to have confi- ences arc to the legal profession, not the university, and it IS dangerous inJecJ to dence that they will do the nght thing. f leather Bird, The Toronw Sttn (May 3, start making academic decisions to placate an outside group.

2001) • ]im Phillips, The Bulletin Oune 11, 2001) Some punishment must be imposed. But if all we do is punish, we have not done . .. any explanation that directs attention enough. It is simply not pos!>ible that away from an individual's ability to make independent choices is flawed. Peer pre~­ almo~t 50 per cent of the student:. at one of the best schools in the country arc dis- sure did nor lie about marks, :,tudcnts did. honest by nature. One or two bad apples, . . . The students, faced with challenging yes, but not 30 of 70. Structural problems Circumstances that pale in comparison to what they will encounter in their profesmust exist.

This could have been dealt with differ- sional practices, succumbed not w an ently. There should have been some sense unavoidable situation but to their own fear of responsibility, some rethinking of values of failure. Fear - and some would argue, and priorities, on the part of the big l 0 law greed - convinced these students that i( firms and the faculty of law. This punish- they did not lie or do as they were rold they ment will effectively drive these students would not succeed. from the profess1on. Few will return. It ... [These students] owe their schools, would have been better to have them their professtons, their fellow stuJcnrs and spend this summer performing free legal all Canadians an apology for their asroundwork for the poor, or pro bono legal ~er­ tng lack of courage and integrity. As chents, patients, citizens and friends, we vices for the environmental movement That would have communicated that the should accept nothing less. real value:; of the legal profes~ion are found - ]em Armstrong, National Post (Augttst 8, neither in the raw imposition of punish- 2001) ment nor the pursuit of power and money.

A

"

13

OPINION

II SEPTEMBER 200 I

'

d

An open letter to the suspended University of Toronto law students This letter is wntten to express the support of the undersigned for the University of Toronto law students suspended as a result of the misrepresentation of December test marks.

We feel that the penalty most of you received, a one year suspension from the faculry of law, and a three year notation on your academic record, was unfair and disproportionate.

You w11l be missed this year at the faculty of law. We will welcome you on your return m September, 2002.

We will do our utmost tO ensure that there is a place for each of you in the academic and legal communities for the rest of your studies, and in the practice of law. We encourage each of you tO return m 2002, so that the loss of so many fine people is not made permanent.

Sign~d by 0\!er one hundred rru:mbers of tlte U ofT law community, inclwling faculty, cur-

rent students and alttmni.

Suspended Students Deserve Our Support and is growing by the hour, is an attempt student~ and other sympathetic mcm· A sadness hang~ over the faculty of law bers of the legal community to let the missthis fall as we prepare for another :.cmcstcr ing students know that they have not been of study. An important group is missing forgotten. We also want the students who from the student body, having been sm- have left us to know that m handing down pcnded in the wake of the grades scandal such punitive treatment the admini trathat marred our school last spring. Our tion did not speak for all of us. clubs have lost members, our classes have Rather than allow the grades ~candal to lost voices and our faculty has a gaping llC the trigger for a much-needed public hole that cannot be ignored. dialogue about the real role and function The anticipated absence of so many faces of December exams and the corporate this semester triggered a group of students pressures that permeate our faculty, the to prepare a letter denouncing the faculty admini~tration attempted to &hut down administration's . . - - - - - - - - - - - - - - - - - . } debate O'j lh:a\i.ng treatment of rhc ) firmly and harshly

BY RACHEL FUREY

hy

student~ who were told not ro bother

('the administration dld not speak for all of us"

coming back to school this year. The dean administered the unusually harsh punishment of~ o ne -year suspension and a three-year notation on students' transcripts branding them as cheaters.

The scandal, and in particular the manncr in which the administration chme to Jeal with it, have soiled the reputation of our school and left many students with a sen~c that the admimstrat1on cares more about sakaging its Bay Street connccttom than protecting the students who have become pawns in the race to fill corporate fim1s with U ofT law students.

The open letter to the missing students, which contains one hundred signatures

. .. [lawyers I know arc] charming, profane, funny people . . . I cannot 1magine them condoning the behaviour of those who, m just their first year of study of their noble game, were so ready to cheat that the mere prospect of a fat paycheque down the line was enough. I can't believe they would find the school's discipline too har~h.

- Chnstie Blatchford, National Post (May 5,

implicated.

What our .Jdmin1strarion failed to realize, however, is that all of us have a role to play in the ·way this institution is structured, and all of us arc in part responsible for the cheating scandal. We desperately need a publtc discus~ion about the financial and other pressures ar our ~chool that lead ~o many 5tH· dent~ to vigorously pursue corporate johs so early m their legal careers.

A g<xxl place to start thi~ discussicm would be \\ith the return of the mbsing students. They arc a critical missing piece that is debperatcly needed to begin plotting a comprehensive solution ro the problems that plague our school.

For infornuztion contact:

or our U ofT students: Summer Andrew Alleyne Sarah Armstrong Robert Ben Ian Campbell Brad Moore Rikin Morzaria Jamie Nelson Jeanette Teh

Do you want to be the next Leah Mclaren?

Ultra Vires is accepting applications for monthly columnists.

Send us a sample column (500 words) and a short statement explaining the column's theme to ultra.vires@utoronto.ca

by September 21.

with the .,tuJenr~ who were directly

Sally Woods, Director, Professional Personnel 416 868 3468- sallywoods@tor.fasken.com

- Clayton Ruby, The Toronto Star (May 4, 2001)

I

Articling Ramsey Ali Koker Christensen Alexis Kerr Bianca La Neve Sarah Wells

Fasken Martineau DuMoulin LLP IARfiiiiTUII AID IOLICITORI 'ATI.f AID f~ADIIIA~K Alllfl

2001) Vancouver

4200 Toronto Dominion Bank Tower, Box 20 T·D Centre, Onl, Toronto MSK 1N6 Teroato Montrul O!Mbec New York

london

ULTRA VIRES

LEGAL ISSUES

14

A Liberal Use of 'Public Interest'

Dean on Trial: The Application for Judicial Review J. PROULX

approaches. One argument is that the nisms have been exhausted, and the appltdecision is wrong a nd the dean should not canr has thus far not appealed to the LTHOUGH THE "GRADES" be accorded the deference to make such a Provost. scandal that shook thts law school wrong decision. The other IS that the dean last spring has been thoroughly dis- was not entitled to make a decision at all. Suuutory Interpretation he facta on both sides contain inrcrsected from many angles, there have been Both arguments must rc~t on the interpreesting discussions on the appropriate interesting legal developments during the tation of the appltcable provincial statutes method of sta tutory interpretation The and university bylaws, and on the comparsummer, as one of the suspended first-year students brought an application for judicial ative entitlement of the dean and the umversity uses the Ontario Interpretation review of the dean's decision to the DIVISIOnal Court to engage in this statuto- Act (UF par.38-43) to urge a conrextual Divisional Court. The purpose of this arti- ry inrcrpretatJon exerciSe. It should be and purposive interpretation of univer~ity cle is to expose and explain arguments noted that the applicant's entire case could bylaws, reading them broadly enough to be jeopardtzed (University Factum, "UF" apply to the present case. One problem made by both parties.

The applicant is attempting to have the par.96-IOO), since judicial review is usually with this argument is that while the granred after all administrative mecha- Interpretation Act apphes to all provmcial dean'~ dccis1on set aside using two statutes, it does not necessarily apply to institutional bylaws.

The applicant counters with the rule of lenity (appellant factum, "AF", par.59-61), COMPILF.D BY DAN MURDOCH a traditional approach developed at common law whereby ambiguities in the wordNGO and were locked at Darul of a Texas Judge ing of a penal statute arc to be resolved in Tadcch, a detcnti1)n ~entre where favour of the accused. Despite the univerminors involved in cnmcs are usually "Before proccedmg further, rhc Court Sity's claims that this rule is all but dead lodg ... ·d.

The children, ~ources said notes th:n this ca.se involves two letter (AF, par.40), the Supreme Court v.·ould remain at the detention centre c.xtremelr·likable lawyer:., who have till effects of ChnstJanity were com(Major J. especially) occasionally uses the tQgcthcr dcli\·ered some of the most pletely washed away !Tom their mind~ rule of lenity, at least in the tax context. amateuri)h pleading::. ever lO cro~s the and re-educated in accmdance wuh One problem with the applicant's posihallowed causeway into Galve::.ton, an the teaching of Islam." tion is that the rule of lemty does not trigeffort which leads the Court to ~urmise ger stnct construction of statutes; it Source: The Nt!Ws lntemauonal, Paki.~UtTl but one plausible e.xplanation. Both evolved as a response to stnct construcattorneys have obvioW)ly entered into a tion, in situations where a strict approach secret pact • complete with hats, hand· is unable to resolve ambiguities.

Courts shakes anJ cryptic words - to draft have since adopted a more contextual and thcir p\cadmg:. entirely in crayon on purposive approach to statutory interpretbe hac\L side• of gta"'f•Sta\ned \)apet tation, even when statutes such as the "Mlgue\ flguetoa. \eadet of the \)\\\c.e mau, m the \m\)e that the Coun Interpretation Acr do not apply. Th1s Communist Party of Canada, ha~ would be ~o charmed br cheir cltild-likt' approach often resolves ambiguities before scmnglr etmdemm>tf the unlawful cfftms tlwt r/~err ucrcr dearth ofleg;~/ they arc recognized as such. Of course, sidextradilion 1lf former Yugoslav nuchorirics in t.hc1r briefing would go ing w1th the university on interpretation President Sl\)bodan Milosevic to face tHmoticed. Whate\'cr actually does not prevent the court from giving a "war crime" charges before the occurred, the Court b now fa..:ed .,.,.ith narrow meanmg to the bylaws and ultiInternational Trfbunal at The Hague. the daunting ta~k of deciphenng their mately finding for the applicant. ...

'Why is 1t that thi' nominally U.N. :.ubnussions. With Big Chief tablet 'court' continues to target tho'e who rcadted, thi.ck black penc1l m hand, Dean lAcking jurisdiction resist U.S. tmpcnahsm and aggr~ssion, and a dev1l-may-carc laugh m the face ne line of argument by the applicant while real war crimmals like Arial of death, hfc on the razor's edge sense IS that the dean did not have the Sharon who was directly re5pomtble of exhtlaration, the Court begin~." jurisdiction to 1mpose the suspension. The for 1982 mas:;acre of thou~ands of Source: Bradshatv v. UniN Marine univer~ity is a public body created and regPalestinian refugees in Sabra and Corporation, Inc., U.S. District Court, ulated by provmcial statute, and it must Chatilla camps - and Henry Kis~inger Southem Disrnct, Texas who as National Securitv Advber to draw its authority from what it received from the legislature in its enabling statutes, the U.S. government ov~rsaw the Sumn1ertime Blues namely the University of Toronto Act, slaughter 1lf thousand~ of innocent civilians in Vietnam, Cambodia, East 194 7, and the University of Toronto Act, Perhaps being a summer aS!ooeiate in 1971.

Timor and Chile • have never been New York is not as glamourous as brought to account for their crimcs One issue in the case is the validity of advertised. In an email departure memag:nnst humanity?"' the 1947 Act. The applicant assumes that orandum, a diSgruntled summer wmes: Source: Commurnst Hmy of Ca11ada it has been effectively repealed by the 1971 "Thi IS tasc1sm. 1 am actually happy Press Release Act (AF par.69-70). The university claims tonight because now I can quit tlus however that it still has the authority concorrupt profcsston and not he a bitch ferred by the 194 7 Act (UF par.Sl). The for a partner. I can proudly say that I 1947 version had a pnvative clause, an am now no person's bitch."

A Melbourne man, freelance patent explicit statement in the statute stating Source: The Vault lawyer John Keogh, received a patent that the court~ were not to review the unifor o "circubr transportation facilttaver~ity's decis1ons, whereas the other does tion device" through a new, automatic not. The 1947 vers1on also gave the unisystem tor issuing Innovation Parents versity and department heads "disciplinary Afghanistan in Australia. jurisdiction over and entire responsibility Keogh was dcmomuating the absmfor their students in respect of all matters The rrial of fon~1gn aid workers in diry of .t system that did not require arising or occurring in or upon thc1r Afghanistan, charged with proselytiZing the approval of the patent office to respective buildings and grounds" (s.79), Christianity, tS currently under way. lf issue a patent. I11e Au)nalian whereas the 197 J statute conrams no such found gmlty, the worker~ could face the <Ammissioner of Patents main tamed grant of authonty. death penalty. However, as reported in that applicanr11 must state that they arc The applicant's reading thus suggests a Paktstam nev.spaper, the raid has not the inventor, and therefore Keogh's that the legislature explicitly allowed judionly affected the foreigners. patent \\il~ obtained through fraud. cial review by removing the privative "The Taliban oldicrs also picked up Source: The Age clause and took away the univcr~ity's broad o5 Afghan chtldren working for the jurisdiction with respect to disciplinary

BY SIMON

A

T

A Treasury of Legal Wisdom

Trials

Canadian Communists Support Milosevic

O

Inventing the Wheel

Re-education in

matters. The university claims that the 1971 Act mcrcl}' c.reated the Governing Council without altenng the 194 7 Act. Wh1lc compelling, the appltcant's view neglects sub~ection 9(1) of the 1971 Act, which specifically states that the powers granted to department heads in 1947 arc maintained unless otherwise provided by the Governmg Council. The problem with the university's view is that it claims that subsection 9(1) also carries the privative clause into the 1971 Act, and uses that to lower the standard of review to "patent unreasonableness."

Even 1f the dean still has the authority conferred by the 194 7 Act, the applicant argues that the Governing Council removed thb authority upon creating the Code of Student Conduct, which states: 'The Univer~ity docs not stand in loco parentis to its student members, that is, it has no general responsibility for the moral and social behaviour of its students ... In the exercise of its disc1plinary authority and responsibility, the University treats students as free to organize their own personal lives, behaviour and associations subject only to the law and to University regulations that are necessary to protect the mtegrity and safety of University activities."

The university posits that this statement also applies to the Code of Behaviour on Academic Matters (the bylaw under which the penalty against the applicant was levied), in that it emhodies the Governing Council's intention (UF par.70). The university mterprcts this passage in light of other sect ion~ of both codes, and ~cems to use its preferred approach to statutory mterpretation in order to narrow the meaning of the above statement (UF par.

71-77).

Administrative case law on questions of )Urisd1ctton is quite messy. The courts have developed the "pragmatic and functional approach" in determining the standard of rev1cw, but this approach is difficult to apply. Here, the university is attempting to push the standard of review toward patent unreasonableness by digging out the privative clause. Alternatively, the university is arguing that its interpretation of jurisdiction is neither unreasonable nor patently so, based on the principles of interpretation described above. Finally, the university uses other critcna of the "pragmatic approach" to push for a less exacting standard of rev1ew (UF par. 61-67).

Dean's Right to Make Mistakes he applica~t's other line of argument is that even 1f the dean had jurisdiction over the matter, he made a mistake in giving the suspension, and that he was not entitled to make such mistakes. One presumed mi~take is with the interpretation of scctton B.l.3(a) of the Code of Behaviour on Academic Matters, which states that: "it shall be an offence for a faculty member and student alike knowingly to forge or in any olhcr way alter or falsify any academic record, or to utter, circulate or make usc of any such forged, altered or falsified record whether the record be in print or electron~ ic form." The preamble to that section

T

Please see "judicial Revit.'W", page 15

15

LEGAL ISSUES

11 SEPTEMBER 200 I

found myself puzzled by the name, as I interest advocacy. understood the program as primarily offerThe second reason is admittedly PUBLIC (pub'lik) adj. 1. Of, concerning, or ing legal services to low-income clients in abstract, but should nonetheless be considareas such as criminal, housing and ered by a profession that uses words as affecting the community or the people.

2. Connected with or acting on behalf of the employment law; to individual clients with tools. There appears to be an uncritical people, community, or government, rather private interests at stake. To my narrowly slide towards labelling any number of categorical legal mind, this seemed like the things "public interest law", and conflating than private matters or interests. classic model of what was best labelled as a this with concepts like "poverty law" or "social justice", which, while perhaps INTEREST (in'trist, -ter-ist) n. 1. A right, "poverty law" or "legal aid" clinic.

The implication that poverty law equals closely connected, have independent claim, or legal share in something. 2. public interest advocacy (Q.E.D.) was meanings. If criminal defence lawyers simInvolvement with or participation in some-. somewhat troubling.

Did low-income peoply use "in the public interest" to mean tlung. -in the interest of For the benefit of; in pie not have "private" interests tanta"against the State," its meaning begins to behalf of mount to the private . . . . . - - - - - - - - - - - - - - - - . lose a ny pos1tive, NEW OBSESSION GRIPPED ME interests of paying ''Of course it's in the public identifiable content.

If U of T students this summer. It first struck as I was litigants? Were they interest that petty use "public interest" flipping through the syllabus and simply fodder for criminals and screwed,over to mean "Not-corpodiscovered that DLS was, in its new appel- ideologues of all / 1a rate," then public lation, the "pubhc interest advocacy" pro- political stripes to tenants laVe wyers. It's in interest is constitutgram. This gave me immediate pause for use as symbols and public interest that ed as "other", as rumination - I had blithely thrown the shorthand for other expression "public interest" around all values in public disnobody go without alternative, as outside the norm. summer, and seeing it in this new context course? Or, more if a representation."

Rather than legitwas disorienting. I'd been working at Sierra insidiously, imising public interLegal Defence Fund, a non-profit legal wealthy individual · can afford a lawyer, does her lawsuit not est advocacy, our conceptual laziness may organization that does "public interest still implicate the public domain and socifurther ghetto-ize public interest work environmental law," and thus had a very etal interests? within a legal system already so antipathetspecific idea of what it means to represent Now heaven forbid this little rumina- ic to addressirtg systemic injustice. the public interest fixed m my idealistic litYou have to understand what I worked tle noggin. My North Star now clouded by tion be taken as a slight upon the dedicatdoubt, I set sail on a quest for meaning, ed and talented people at DLS or the rein- on at Sierra Legal this summer: Our most packing my dictionary and a healthy sense vigoration of the clinical curriculum. In famo us client was in fact avian. We fact, a member of the DLS executive kmd- brought a judicial review challenging a of semantic outrage.

Quick to dichotomise from my dab- ly informed me that part of the reason for decision to award a logging permit for an blings in legal methodology, I qutckly con- the new name was simply pragmatic; the area that contains some of the last habitat cluded that "public" must logically be dif- clinic wanted to avoid confusing the pro- for the endangered spotted owL Now, the ferent and likely opposite to "private". The gram with a poverty \aw course that lacked ow\ could not afford to tetai.n us and, at any rare, couldn't rake a break from her dictionary entry for private stated "not a clinical component.

However, I've also heard the name justi- nightly battle for survival. Thus my underavailable for public use, control, or participation," but instead something personal fled by the claim that it's in the public standing of public interest advocacy is interest that low-income indiVlduals have influenced by the fact that, in environand confined to one person.

As litigation appeared most often to access to legal services and to justice. This mental law, there often is no particular involve lawyers squabbling over the private is problematic for two reasons. The first is: individual litigant in which to site the legal interests of humanoid and corporate per- Well duh! Of course it's in the public inter- issue, but for an owl, a forest, a river. sons, I inferred that public interest advoca- est that petty criminals and screwed-over Instead, environmental groups ltke the cy must involve squabbling over something tenants have lawyers. It's m the public Western Canada Wilderness Committee, a else. Feeling less than enlightened, I decid- mterest that nobody go without representa- conservation group that has done extened to look in the world out there to uncov- tion. When it comes down to it, I want sive campaigning to save endangered er examples of public interest advocacy. corporate regulatory offenders to have a species such as the spotted owl, have to be My first port of call was the Public lawyer. That doesn't make the defence of granted public interest standing, the test Interest Advocacy clinical program. I polluters and sweat-shop owners public for which requires a serious issue, a genBY

LARA TEssARO

A

the

Judicial Review Continued from page 14 adds that "knowingly" should also be interpreted to include "ought reasonably to have known."

More specifically, the problem lies with the meaning of the term "academic record" in that section. The applicant claims that "academic record" as defined throughout the university bylaws does not include the applicant's unofficial grades reported to the firm (AF par. 77 & following). The applicant insists on the need for some official characteristic for a document to be considered an "academic record."

Accordingly, the applicant claims (AF par.

74) that this mistaken understanding of the term "record" by the dean is an error of jurisdiction. Accepting this argument would allow the characterization of any mistake as one going to jurisdiction. For its part, the university claims that "academ1c record" really means "information" (UF

par.85), despite a more common dictionary understanding of the word "record" as an account, trace or recording of some information.

With respect to judicial review of this legal question, the university attempted to cover its grounds. Should the court choose correctness or reasonableness simphciter as a standard, the university finds the decision to be correct. Alternatively, the university claims that the interpretation was not patently unreasonable.

Another of the dean's alleged mistakes concerns a potential finding of fact. Both parties disagree on one crucial point in their factual accounts of events. The university claims that the applicant admitted the commission of the offence both explicitly and tacitly (UF par. 20-30), whereas the applicant formally denie~ any such admission (AF par.96). The applicant claims that under section 8 of the Code of Behav1our on Academic Matters, the dean can only apply a sanction m cases where the student admitted to the offence.

uine interest, and no more reasonable and effective way to bring the ISSue before the court (Finlay v. Canada). This is a threshold test involving a judge's discretion.

Thus, while my semantic concerns may seem unwarranted, they clearly manifest themselves in the world of litigation. A judge, unconvinced of the legal nature of public issues like environmental protection that have traditionally been immunized from judicial scrutiny, may deny an applicant public interest standing if he feels the issue could somehow be litigated privately.

If we do not attempt to imbue "public interest" with positive mearung, 1t will be treated as a second-best alternattve to "normal" litigation involving private parties with private rights.

I really do not think that public interest advocacy is so narrow as to exclude every lawsuit that can be sited in an individual.

Sierra Legal, my pet model of public interest law, also represents impecunious individuals on issues of environmental justice in the same way DLS represents low-income people in their personal battles for social JUStice.

I have also discovered that the DLS mandate will be expanding to include law reform and test-case litigation, a fact of which we should be proud. As somebody recently told me, perhaps a public interest pracuce simply involves the des1re to engage in issues of public concern through the courts. A positive definition of public interest should be broad and inclusive, and wilt hopefully serve to awaken us to the huge tange o{ "not-co\l)Orate" careet1>. And chat, if nothing else, is in the public mtcrcst.

Teaching law at U of Tllnterested in sharing yortr research with eN rest of the law school commr.mity? \\%e to Us! In an effort to show the vast array of legal questions considered by members of this law school, Ultra Vires invites the teachmg staff and graduate students to send us articles descnbmg their "extra-curricular" activities.

Without an admission, the dean can only altered an academic record, and that as refer the matter to the provost (AF par. 91- such, the dean had not made any extra92). The issue becomes the dean's right to jurisdictional factual finding (UF par.l07). apply a sanction after finding that an Here again, the university tried to cover its offence has been committed either know- ground on the standard of review by arguingly or reasonably so, without an admis- ing that the dean's actions were either corsion. The applicant claims that the dean is rect or not patently unreasonable.

The decision of the court is expected not entitled to make such a finding of fact, and accordmgly, that his decision was a shortly. mistake going to jurisdiction (AF par. 97). The facta of the student, the university and the One weakness of this argument IS that SAC are available on reserve ar the Bora in order to impose a sanction, the dean Laskin library. must have been conferred the authority to LENCZNER SLAGHT ROYCE determine if an admisSMITH GRIFFIN BAIUUSTU.S sion was made, even if "what constitutes an For infonnation about opportunities for a student admission" may well be to learn to be an advocate a question of law, and see our website at www.lsrsg.com not of fact. Yet, the or university instead contact Perry Hancock, Student Co-ordinator at (416) 865-3092, e-mail phancock@lsrsg com retorted that the applicant had "admitted Sllln 2600, llO ADV.Amtt Snar \\'EST. T~OHTO. 0NrAPIO. CufADA MSH JPS that she ought to have Tel.uHOOE(416)165-9SOO • FACSOOI.£(416) 16S.9010 known" that she had

1

II SEPTEMBER 200 I

This Summer in Sports Homogeneity Takes Heavy Toll on Frisbee Team

BY STEPHEN PARKS

When you are starting a career in law, you want to join a law firm that helps you through every stage of your development.

Fraser Milner Casgrain LLP's comprehensive student program provides exposure to a

The University of Toronto Faculty of Law Intramural Ultimate Fnsbee Team showed their summer solidarity in Leech 6rain, a Toronto Ultimate Club Hi-C team. By all reports, the team's transition from Low-C to Hi-C has been met with 1mproved performance. · However, inbreeding has weakened the group and commentators predict the breed will die out, without an injection of new (female) blood. Leech Brain, composed of anicling students, former students, and their life partners, failed to cultivate any return· ing law ~tudents, other than Stephen Parks and Bryce Edwards.

These two hapless lanky white boys arc unlikely to be able to draw sufficient women, as both lack the strong sexual drive that typically creates an incentive to find women players.

Ultimate Frisbee, an institution that insulates its happy shiny white players from the real world, is an 1deal form of recreation for lawyers.

variety of areas of business law, and is supported by strong mentorship and a

Bicycle Races Resume

culture that is spirited, collegial and casual.

Whichever practice group you are working with, from Secunt1es and Mergers & Acquisitions to IT and International Trade, you will have the opportunity to work on high level transactions with leading companies.

..

D IVE RSIONS

BY STEPHEN PARKS

Morning class bicycle race~ along Harbord have resumed. However, the quality of the field has dropped w1th the ab:.cnce of last year's self-appointed champion, Stephen Parks.

Stephen has moved to the Wellesley circuit in the Eastern Divis10n. The Eastem Division focuses more on traffic and speed, compared with the Western D1vis1on's gentle hills and the Northern Divisions' steep downhill.

Participant:. wm technical point:. for their ability to tailgate other students and navigate red lights. Style points arc awarded for being late, blurry-eyed, and covered in dirt. Bonus points arc won for anecdote-worthy fun, like running into a parked car while drunk (as the now-retired Jen Khurana did on exchange in Amsterdam).

17

Articling Interview Week: Finally, a Method to the Madness 9. Forget to impress your interviewer with such vocabulary as synergies, cfficicnetes, market share, and excellent.

10. Mention the dreaded words "quality of life" and "travel" dunng the interview.

BY MALcOlM MAcPHERSON

In an effort to put an end to future student grumblings about the cryptic nature of the August articlmg interview week process, National Articling Database spokesperson Mayo Trebilcock has devised an authoritative 'do not' list designed to help tomorrow's articling candidates better prepare for their inten.iew~:

A complete list of all items left in the library Lost and Found at the end of April, 2001

I. Stare down the young man or woman in the elevator that appear~ to be your competitor. They will usually end up interviewing you.

2. Indicate to your interviewer that you arc an avid athlete, if you suspect that he or she was regularly pushed into a locker during high school gym class.

3. Tell your interviewer that he or she appeared to have a fuller head of hair on the firm's website.

4. Comment on your interviewer's pregnancy. You would hate to be mistaken.

5. Wear a red tie to any firm affiliated w1th the Consen.·ative parry.

6. Leave the firm's reception last and \:1\! branded a freeloader.

7. Purchase a prop for the purpose of gen-, crating conversation at the fim1's cocktail reception. This is not kindergarten.

8. Forget to rehearse your Cheshire cat smile for the moment at which your interviewer mentions bll\ab\c hours.

2 coffee mugs I ma:.on Jar hock

2 glas~c' cases I pair l">f sunglasses 1 pair of carmuffi I notepad 1 binder I thcsaun1s l make-up ca~c I !'poon

3 scarves 1 patr of pants

5 pairS of mittens \ baseball cap 4 toques 1 leopard-prim hat I clipboard 2 !'\\:e:Jters 1 'jungle cat world' pin 1 bracelet

• Noah Gmemum

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For more information on our Articling and Summer Student Programs, please contact Farah Jamal, Assistant Director of Student Programs, Toronto (416) 367-6759.

Check us out at www.fmc-law.com/careers

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\

ULTRA VIRES

DIVERSIONS

18

Never Been Here Before? Some Good Stuff Around Campus

Are You a Trend Setter or a Dream Catcher?

BY LAURIE ) ESSOME

Marriott study finally tells us who we really are COMPILED BY NOAH GITfERMAN

The markenng people at the giant cafeteria (privnte prisom corporation Sodexho Marriott conc.Juw:d an in-depth ~tudy of the student population at the Faculty of Law at the end of last school year. Using an exclusive, advanced markcnng tool called "Lifesryling," a detailed survey was developed in order to create "a profile of potential kiosk cu~tomers" for the new Rowell Room ftxxl kiosk. The 26 responses to this survcr (54% female, 19% male, and 27% no answer) enabled Marriott to finally classify the "unique mix of different life experiences and needs" among students at the law school. [Ed. note: and we're not making this up people.

Marriott acnwlly did th1s. 1 Dbaffected and confused law students are no doubt clamouring to find out who they really are, what they Me really doing here, and whether or nor they really want to eat a riblette sandwich.

Ultra Vires rhus presents to our readers Marriott's Important and groundbreaking findings: in the "Lifestyling" model, the majority of University of Toronto Faculty of Law students would be classified as enher Trend Setters or Dream Catchers.

Dec1de for yourself below whether you're trendy, dreamy, or maybe a mix of both. Please email your conclusions to us at ultra.v1rese?! utoronto.ca. (Ed. note: again, this is for real. Senously. And these people run prisons.}

AW SCHOOL IS MORE THAN Onentation and even more than just classes; it can qu1ckly become your lifestyle. As time goes on you'll find yourself eating, drinking, shopping and socializmg in the area immediately surrounding the law school, and if you're new to the city, like I was, you may need some pointers to get you accustomed to your new neighbourhood. So here's a list of places that may make your law school expenence a bit more enjoyable.

L

Dream Catchers

Trend Setters

(Image-conscious and abk to spend)

(Trendy, high-end spenders)

Food

Food

Umque, cutting edge foods Authenticity (and willing ro pay for it) Nutntion conscious Specialty foods and beverages Ethnic Fusion

Quick healthy breakfasts and lunches Popular h1gh-end foods The occasional taste treat "Perceived" healthy Grazers - small meals

Identity

Identity Into image, brands, follow fashion trends Price msensttive Active, outgoing, soc1al Politically aware, keep up with world events Into gadgets and convenience from technology

Image and style make them unique Culturally connected to arcs/entertainment Music is important backdrop Information-seekers using range of media sources

Eating Establishments While there may initially seem to be a verItable plethora of restaurants surrounding the school, by second term you'll begin to feel trapped in a culinary wasteland. Here are a few places whose appeal will endure, even after repeat visits: · Ned's Cafe - soup, salads, sandwiches.

The menu is minimal but you'll soon appreciate the reasonable prices and the fresh ingredients. · Pho Hung - Vietnamese restaurant on Bloor between Avenue and Bedford.

There's a fair amount of selection and the prices are very good. Remember to ask for the student discount (15%). · Sushi Inn - the most reasonably priced sush1 111 Yorkville, this place has a great menu with a variety of sushi combos and bcnto boxes. Be sure to arrive early on a Friday or Saturday night if you want to avoid a wait.

Lang Michener BARRISTERS & SOLICITORS - PATENT &TRADE MARK AGENTS

Our students are an important part of our professional team and our future.

We believe that we stand apart from other large firms in terms of attitude, style and approach, which results in a unique opportunity for our students and lawyers.

See ouT next is~ue as we exploTe in mOTe dec.ail the comeqtll.'l\ces oj this contTc:wenial new stu.d)'.

19

DIVERSIONS

11 SEPTEMBER 2001

Lang Michener is one of Canada's leading business law firms.

Place3

to

See Classmates

Law students infect the Annex/Yorkville area like a locust plague. However, if you're particularly bent on running into your classmates on any given night there arc a few common hotspots. · The Duke of York - this pub featured prominently in Orientation activities for a reason. It's a popular student hangout and the staff is always happy to see us. The location is a bonus as well. However, drinks are relattvely expensive and boredom can set in after awhile. · The Madison - another traditional gathering spot for U of T students, this place boasts fantastic patios and lots of room. On the downside, everyone in the world goes to the Maddy and it's packed almost every night of the week. Drinks are also expensive here and on Friday nights the place reeks of desperation. · CoUege Street - the stretch of College between Christie and Spadina is great for finding cool little hangouts. Popular bars include Cafe Diplomatico, Lava Lounge and Shallow Groove. These places can be a welcome escape from the pub atmosphere of most law school hangouts and provide the chance to do a little dancing. · Varsity Cinema - located inside the Manulife Centre at Bay and Bloor, the Vars1ty has 8-10 screens and shows most new releases. Because of its proximity to the law school, you'll rarely attend a movie there without running into a classmate.

Places to Hille Some days - usually dunng exam penod • you feel like if you see just one more law student you may actually burst into tears/scream/insert favourite inappropriate action. But you don't have enough time to make a true break for freedom. So where can you go? · Indigo Cafe - this cafe rarely sees students among its clientele. It's a great place to take a few minutes for a coffee or a cup of tea while perusing your notes in relative peace. · Philosopher's Walk • even though it's just behind the law and is used as a shortcut by many U of T students, the walkway can still provide qUJet space for those in need.

Pick a bench or a pr~mising patch of grass and enjoy your time away from the hive. · Dn.uy'3 at the ROM - did you know there was a Druxy's just next door to the law school? No? Well, there you go. The overpriced sandwiches and possibility of touring school groups keeps most sane adults away from this place; but during hectic times at the law school it can provide much-needed sanctuary.

Hidden Gems Only years of experience can bring these places to light. These are the spots in the neighbourhood that never get much attention but deserve a visit nonetheless. · Krishna Kapy - given that Bora Laskin charges ten cents a copy, access to a cheap and efficient photocopier IS a must.

Krishna Kopy is located at Bloor and Avenue and charges three cents a COt>'V·

Dunng summary and job application madness, this place can result in serious savings. · Tme Gnts - located at Bloor and Markham Gust west of Bathurst), this restaurant is a great diversion from the usual fare. True Grits serves southern US soul food in an amazing and completely relaxed atmosphere. It's not the cheapest place on earth but it's not bad for Toronto.

Try ordering a variety of side dishes for the full soul food experience. · Trinity Ubrary - the best looking library on campus is also a great place to study when the law library descends into an examfueled panic. It's dead quiet and boasts some amazmg study rooms.

Gone But Not Forgotten Sadly, there are some local landmarks that have not survived the passage of time. In loving memory of. .. · $2.00 TT101Jies at the Eaton Centre -gone are the days when students could look forward to the unique collective experience that was a visit to the Eaton Centre Cinemas.

Future generations will have to go without viewmg Beyond the Mat amid a beery chorus of wrestling slogans. · The old law school cafeteria - sure, it was defective in almost every imaginable way, but it was ours, dammit. And there were no "baristas" in sight. · The wet Dean's BBQ - of course, by this l mean a Dean's BBQ which actually serves alcohol, but I suppose the other interpretation has its merits as we\\.

Contact: R. Scott Whitley

Law Firn1 Racer!

(416) 307-4071

swhitley@langmichener.ca

BY STEPHEN PARI<S

As a result of poltcy change~, big Bay Street \aw fim1 h.'We reduc\!d visibility on campus.

Ho\\ever, Ultra Vtres continues to shtll for the finns. When Dan Murdoch, one of the cditors-in-chtef, was asked whether nonfirm adverusing was in the works, he n.-sponded, "Nah, it's just so ea~y getting money from the firms."

A justifying assumption has been offered: lucrative finn ndvertising will not affect the content of the paper, even if we dis~eminate firm advertising. Caveat emptor.

From an CCotlllmic point of view, the opportunity cost of propagating finn adverusmg is less for Ultra Vires than for the Faculty. Wlule the Faculty faces cntics who wtll reduce the value of each dollar gained from firm advertising, Ulna Vires is beyond reproach and gets the whole dollar.

A~ an act of anti-Ultra Vires subversion, please pl.1y Law F1nn Racer! Find as many Bay Stteet firm names as you cnn \\ ithin the accompanymg mattix of letters. This mnemonic aid wtll assist in omo-indoctnnanon.

For more information about our student programs, please visit www.latrgmic1tener.ca VANCOUVER

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-

ULTRA VIRES

DIVERSIONS

20

·ultra News: Not,..So,..Real News From Around the Law School Mention of "justice" brings laughter in upper-year class l.a~t

Thursday in Administrative bw, the suggc~tion that court:. might be concerned w1th JU~tice caused the assembled students to erupt into laughter.

"II\ funny," explained Penn} (III), "to think thar the legal system is concerned with justice. Maybe in fir~t year I would hn\'c been so naive, but I know better now."

-Jacob Glzck

..

Laser ]urisprudence I dazzles students It was announced yesterday that a number of new course:., including Laser Jurisprudence I and Laser Bus. Org., have been added to the faculty of law's course schedule. Due to renovation delays, and in order to motivate listless and uninterested third-year law studen b, some course~ have been relocated to the old planetarium next door. Protcs~or~ will be able to make use of the dated yet functional sound and light equipment left over from the pl~netarium's heyday.

"That wa~ awesome, man," said Doug 1..\\) a~ he emerged from his La~c r Jurisprudence 1 class. "1 thought the 'L,,cr

Dean Boxen This past summer whtle Dean Ron D, Associate Dean Mayo Moran, Assistant Dean Lois Chiang and Assistant Dean Bonnie Goldberg were all on vacation Student Programme Coordinator Simone Boxen (III) was the highest· ranking official at the law school.

In a telephone imerview from Euro· Disney Chtang explained, "Sure, she dtdn't have any of the passwords to the computer system but \\e figured that wasn't a brg deal."

With great aplomb, the resourceful Ms. Boxen used her decanal authority to enliSt the assistance of Arnie Wienrib, who stores the passwords to every computer at the Law School in a uny black book that he keep~ on his person at all time.s. Averting a course selection disaster, the dynamic duo got all the rdc· vant data entered on time.

Floyd' show I saw in grade eight was pretty deep, but Prof. Benson had some real tripPY stuff goin' on there."

The administration is also very enthusiastic about the new project.

"This is unprecedented for the law school, indeed for any law school," stated a press release. "The combination of Hegel, reclining seats, and colourful, flashing \ighb ccrtam\y puts us in a league apart."

-Noah Giuemum

Faculty Moves From Kafkaesque to Byzantine The Administration announced last week that it is to reform all procedures to make them more user-friendly.

"We've decided tO move away from the Kafkaesque procedures employed previously, winch made accomplishing simple tasks cl cruel, seemingly pointless delve mto absurdity,'' explained mim Dean Kate Hilton, who was produced by cloning the genetic material of Dean Ron D. "Instead we're moving to a Byzantine :.)'Stem, which was apparently all the rage in the eastern part of the late Roman Empire. Although this won't make getting things done any less complex, we're hoping people will find the new service philosophy a refreshing change."

-Jacob Gbck

New York associate overindulges himself

al or social consequences of his actions.

Stanley was still wearing a shoulder bag purchased in a n upscale East Village boutique, and clutchmg the Tiffany's pen and bottle of Dom Perignon given to him at the end of the summer merely for doing a halfdecent JOb, when he was overcome with self-mdulgence and fainted. "More, more," he exclaimed, JUSt before his eyes closed.

It is expected Stanley will make a full recovery, and will be able to feign at least partial imerest in most of his third year classes.

-Noah Gittemum

Transfer Students Merely Best of Best Last week, in an address to the new transfer students, Dean Ron D revealed his disgust, stating, "You're all a bunch of filthy scabs. You're not even the best of the best of the best."

-Stephen Parks and Jacob Glick

Suggestion box replaced

The old sugglstion box in the library has been replaced by a beautiful, solid oak chest Student~ have been admmng the A New York summer associate passed out new addinon to the library since school at the end of August due to excessive conbegan. sumption of food and luxury goods.

"It is a luxurious, rich and supple wOOd," Stanley (III) collapsed as soon as he said Penny (III). "It's a very attractive box." arnved at his Toronto apartment after a Students apparently cannot wait to start summer of complete decadence coupled· with absolutely no thought for the person- making ~uggcstions. -Noah Gitt(.'mUin