Ultra Vires Vol 3 Issue 2 2001 Oct

THE STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

VOLUME 3, ISSUE 2 • OCTOBER 16, 2001 • www . law.utoronto.ca/ultravires

The renomted Rowell Room's abundance of light, comfy couches, and neat mDsaic tile floor give law scudents a classy new space to hang out.

FEATURE: NEW YORK STORIES

Transcripts for December Exams

Cognitive Dissonance

Faculty Council maintains fail--safe policy

BY TIM "\Vn BUR

So, b'f uay, \ considered what life in Algeria wa., like at a time when women were attacked and killed by religious ing mcmber.s chose option one, which hod n •pli< pe=nnli<y fo< <he <wo fanatics for not wearing a proper head mvolvcd foregoing conventional grades months I was in New York. One personal- covering, and also killed because they and having professors mark exams with ity did rc:.earch for a human rights group, only qualitative written comments. Two were wearing a head covering, in retaliaand attempted to construct an intelligible membcr.s opted for the third alternative, tion for the former type of slaying. It was picture about what happened in Algeria which would have made December exams impossible to make sense of these stories. in the 1990s. After the Algerian governcount towards the final mark, wtth no failIt also became impo~sible to make sense ment cancelled elections that Islamic safe option. of my other New York story, especially in The adoption of grade statements was groups appeared poised to win, news of light of what happened after my return mass murders and other atrocities were conceived by Faculty Council as a tempof home. Br night, my alternate personality regular bulletins from the former French strapped on high heels and moved in a rary solution for this year only. The current colony. Religious extremists may have world of unimagined luxury. I was able to Curriculum Committee will look at possiperpetrated the horrors. Or, they may ble future changes. / experience the life of a New York law firm have been committed for the government summer student vicanously, as r was usuVarious concerns about all three alterby paramilitary groups to discredit the natives were addressed at the meeting. An Islamic political coahtion. see "Cognitive page 10issue with both options one and three was that they are inconsistent with the fail-safe policy.

Professor Arnold Wemrib, who voted for option one, thought qualitative comments best retained the pedagogical aims of the tests. "[It) gives the students the most information about how they're doing ... without having to succumb to the pressure of applying for jobs," stated Weinrib. "[Firms) unthinkingly pick firstyear summer associates."

Weinrib was also concerned that the law school is pandering to the law firms by issuma)Onty voted m tavnur of option two, the

issuiug of n srnrt•mcnr of grad<'·'· Four voc-

Faculty Council ha.s voted in favour of issuing transcripts to first-year students for December tem. Like last year, there will be a fail-safe component. If a student's exam mark is higher in December than April, it will be worth 20% of the final grade.

Otherwise, it will not count.

The December Test Committee was formed last year after numerous first-year students misrepresented their December grades to potential employers. The existing policy of not issuing transcripts and not verifying the unofficial mid-term grades was deemed unsustainable after last year's scandal.

The committee presented three options to Faculty Counc1l on October 10. A clear

UVINDEX • New column: Lunch with Samer, P4 • International Socialist wins SAC presidency, P4 • Professor Brunnee on America's response, p14 • The law school jungle: first in a series, p17

~'i 'B'f.li.TR\Cl?. v~ D\lK

1

j Ple~e

Please see "Official statements," page 2

~Assonance,"

A view of New York from the East River.

CASSELS BROCK & BLACKWELL LLP Barristers & Solicitors • Trade Mark Agents

BROCK

www.casselsbrock.com

Deborah Glatter, LLB Director of Student Programs (416) 860-6606 dglatter@casselsbrock.com

ULTRA VIRES

NEWS

2

Students Forced to Pay for Laptop Exams

The Grandest Moot

Laptop users must buy anti.. cheating software

In Brief BY jOSEPH

BY NOAH Grrrr:RMAN

First..year acceptance rate ren1ains strong 11le percent 1ge of first-year offers tint were accepted 0., applicants has remamed stead~ .tt the Ia\\ '-hoot, despite fc.u th.u there would be repcrcu sions from the htghly puhhcizcd grade5 ~candal last year.

The odnn:.stons commith.>e released tts report on stu· dent enrolment at the Faculty C)unctl mecung on Scpto.:mber 26. Out ot 1,683 clppliCJtions re<.Ca\·ed, 2S5 offds \\ere made, slightly more than bst year. 181 stu· dents "ere rcgasrcred m thts 'r'ear'~ first-year d tss, .md 32 deferrcJ. Committee Chaar Amold Wwmh cxplaaned .u tht' mcetmg that these a-.ct•ptancc rate' arc ~lighrly berr£•r than !Jst yec~r, and that no other Canacli.m law school has a yH~ki rate '\dthm bloch" of the t: ofT's.

Other mdtc:awrs also rt'mamed stc.tdy.

Approximately 22% of the first-year class has a gr.1du· ate degree. 11le medtan LSAT scores of thts year's d.1ss remamed the same at 165, and the median undergraduate average rcmamed at 84%.

The grand mooters and an illustrious J>anel of judges pose for a photo immeduuely after a fantastically emertaining Grand Moor on September 25. Salim Hirji-Lalani, Katie Sykes, Karen Park, and Ian Gnnphdl demonstmted their poise and lmmour under extremely intense questioning from the judges. They dazzled an audience of ~twlents, suzff, family, and dlstingtillhed guests with their own perSOIUll styles, showing off quick-thinking and clear presentation ski/h. As Justice Major explained in an address to the Moot Court, "the quellity was outstanding. All of us u,·ish we lwd that kind of advocacy in the u·ork we do each day." From left to right: Ian Campbell, Karen Park, justice John C. Major of the Supreme Cottn of Canada, Justice Michel Proulx of the Quebec Court of Appeal, Justice Bonnie L Croll of the Ontario Superior Court of Justice, Salim Hirji-Laumi, and Kaue S"jkes.

Administration cracks down on absenteeism

Official statements to be issued for December grades

The Admi.mstranon has recl!nt\y decadcd to he more v~\ant about en\otc\n~ mandatof'i attendance at mtcns\vc cour~cs thls llc.mcstcr. A.ttend;mc.c. at the11e opnClnal one•crr!dlt course.s, taught h} vJtnnng profc.·:.·

sots and held every dar (.1\'er a rwo-wcck pericxl, has always been required. However, announcements were made 11t the start of classes during the most recent round of intensives explaining that students who miss

two classes, m particular because of On-Campus Interviews, would have to do a make-up one page assignment.

Ass1stant Dean Lois Chiang explained that the admmistraoon was Stmply trymg to enforce a long· standing pohcy. "We had to make sure that the lack of partictpauon was remedied." In most other courses, professors can dectde for themselves whether they want to assign marks for parricapation or attend:mce.Suspect arrested in UC assault

Another suit over academic freedom Acadcmtc {ycedom is again an issue at the University of Toronto, as Dr. David Healy has launched a $9.4 mil· hon lawsmt agatnst the university and the affiliated Centre for Addicnon and Mental Health for breach of contract and defamation.

Healy was offered a position at U ofT and CAMH last year, but it was revoked ihonly after he made a speech cnttcnl of the anttdepressant Prozac, a drug pro· duced by one of CAMH's major donors. The case has recetved attention 'in academic commumties around the world.

This latest issue of a professor's control over com• menrs and research follows m the wake of another high profile dispute involving Professor Denise R~aume at the Faculty of law. R6mme was investigated during the grades scandal at the law school last spring because of comments she made to her first-year class. Reaume also sued the umversity for defamation, rand a settle· ment was reached with the university thtS summer.

3

NEWS

16 OCTOBER 2001

}

Continued fmm t>age \

ing grades. "[It is] not a good idea fc>r students co work

in law firms in the summer between first and second year" he said.

When asked about the final decision, Professor Catherine Valcke, Chair of the December Test Committee, stated that she is happy with the result.

"The whole process was carried out as well as it could have been in the circumstances" Valcke said. "None of the three opnons presented was a perfect solution."

Though she felt they all involved trade-offs, the process "was inclusive, fair, and relatively efficient. [Despite] the fact that the solution is for one year only," she said, the report will "remain helpful and relevant in future years."

The three options were put forth to the first-year class for consideration on October 4 at a forum chaired by four student representatives of Faculty Council. The twenty· odd students in attendance voiced concems similar to those expressed by voting Faculty Council members.

First-year Faculty Council representative Shaun laubman noted that students were not happy with pos· sible changes happening mid-year.

First-year student Josh Paterson was quick to point out that the fail-safe aspect is outlined in the first-year syllabus and thus constitutes a contract.

"Any change needs to be met with unanimous approvaL If even one person obJects, the change cannot be passed," Paterson said. "[It] doesn't matter whether

A. G.

worries, many students arc not eligihlc for financial aid.

Rajan acknowledges that no other Ia\\ school allows laptop use without some kind of security. "There has been talk about students going mto thear hard Jrivcs, whether it gives an advantage or not," she explains. "For example, you can find things faster with the 'fmd' feature."

Some students are concerned that laptop user~ could guess at questions ahead of time and complete template answer~ that can be cut and pasted into the exam.

Last year, when students typed their exams on laptops, all they had to Jo wru. sign an undertaking that they would not access their hard dnves.

Although there has been no definitive answer about whether using a laptOp confers an advantage, about 110 students typed their exams last year, a record figure.

According ro the Laptop Committee Report, "while students believe it obvious that such use does confer an advantage, faculty members on the Committee almost unanimously held the oppo~ite view."

At a Faculty Council Meeting last month, Stephen Parks, a student reprc~cn­ tativc on Facul~ Council, also suggested that the ExamSoft program had not been adequately te5ted. He poinccd out 'cvcral

BERKOVITS

Due to ~ecurity concerns over the usc of laptops during exams, students wall now he asked to pay for software af they choose to write on laptops. Students typing their exams will be required to pay $.45 for ExamSoft, an anti-cheating program that is widely med m American law ,chook Once installed, everythinf.( hut the com· putds word proces,ing program wall he locked out.

But many student~ arc questioning the need for this program at all, given that exams arc generally open hook. The soft· ware is expensive, it only works with newer IBM-compatihlc computl!rs, and it may have glitches.

Sanjana Raj an, a student member of the Laptop Committee of Faculty Council, rcc· ognizcs that a lot of students are not happy with the fees. Rajan is concerned that the $45 fcc might hlock access for certain stu· dents.

"We're paying so much to be here as it is, so why pay more?" she said. "The administration's answer is: 'You can always write for free.' I find that position difficult to defend. The position of the laptop committee has been: try to give students per· fect choice. That's why [computed lab:. were introduced so if students wanted,

Karen Park and Alix Dostal have fun with their laptops in BLH.

tops. The administration wants to phase that out."

Associate Dean Mayo Moran, who · chaired the Laptop Committee, points to her report to explain the need for the software.

"The commmee discussed whether individual students who wanted to use the lap· tops should bear the cost of the nece~sary sccunty and they decaded that they the'{ could type even if they don't have lap· ~hou\d," stated Moran.

Claire Hunter, a second year representa· tive on Faculty Councal, acknowledged that no one likes paying extra fees.

However, "it strikes me as fair ... that the students who actually use the software arc the better group of students to bear the_ cost."

Asststant Dean Lots Chtang sugges-ted to Rajan that the fee could be brought before the Financial Aid Committee to see af Stu· uents might receive subsiuies. Sri.\\, R.'ljan Please see "Students," page 4

thL grildcs nrc v<•nflnblc m ,.,,.,,,.long .b (lhc cxmn~J are ~nil f.-til•. af(' :tnd nor on ow pt~rmtuwnr n•conl,."

Other student~ lent :.uppon w tlu~ JX>IIH by empha·

sizing that they haJ been sold on U ofT based on the fail-safe policy.

Even though the policy is preserved under option two, the introduction of a statement of grades drew some criticism. Despite the inclusion of a disclaimer, a few first-years complained that firms may file these documents and the marks would come to haunt the prospective employees. Students felt unclear about the permanency of the record.

Some first-years, along with Professor Weinrib, were also worried that options two and three cater too much to firms' interests. But Assistant Dean of Career Services Bonnie Goldberg argued that should the com· mittee opt for a plan not mcorporating grades, U ofT students would be at a disadvantage in the job market.

"Students' career opuons with all manner of employ· ers will be impacted if students don't have grades to disdose," Goldberg said.

Although there was some support for the written qualitative comments option, the precision, quality, and subjectivity of the remarks drew skepticism. Students were by-and-large in support of option two.

First-year student James Rempel didn't think grades would be a problem. "We've had grades since Grade 1.

We can handle it," he said. "You're going to need those grades, so why not have them in December?"

Power.

Advantage.

Distinction.

The power to lead the biggest deals and cases.

The advantage of working with the best.

The distinction of working with a recognized leader.

Sweet 'n' Lowdown Sweet Bagel break· free bagels, cream cheese, and coffee ... now that's the way to start your day Rowell Room • cool and comfy Peace Presumed Edible • the best cafeteria name that did not make the final ballot Sandwich grille in the caf • grilled cheese! Everyday!

Lowdown Madness • bagels are great, but we liked it when they were crazy, too OCI's • hot, bothersome, and utterly degrading War The leamed hand that feeds you • just not a good name for where we cat Seaman's Soda • who drinks this stuff?

It all awaits you at McCarthy Tetrault LLP. F~r more information on your opportunities visit mccarthy.ca/students It s your future.

McCarthy Tetrault cwww.mccarthy.ca) Mc:C.1hy'Dinult UP • Vancouver Calpry l..oodoo Toraruo Oaawa Maoa&1 Ou&ec New York L.ondorl, E"nllmd • 1-877-37S·1812

NEWS

4

Dean Daniels Keeps Cool Over Hot Lunch o nald D.micls, a usually gifted and loquac1ous ~pcaker, IS at a os~ tor words. \Vh1le " .unng for the beef sh1sh kebab, there 1 a long, awkward pause Js Damel~ mulb \duch anun::tl exl:lll· pl1fie most of h1s attnhute . ul'll have to pa~~ on that one," he finall~· sa~s.

When rrc)M:d on the quesoon, he onh c~ckno\\ledgc that mamm 1ls best rcprest'nt h1m, a opposed ro rcrules or htrds.

Whu's the secret to the 42-year· old's ho~1sh good looks? "Being ~ur­ roundcd by lots of roung people who mfuse me nnd all of t h,• member~ of the faculty wi th cl ~en~e of youthful exuberance," Dan ici< tlirl<, a~ l lower my ga:l' to my tofu and blush.

A freq uent v1ewcr ot Sesa me Street (he has fo ur kids) he claims that he can' t relate to being a puppet.

However, he pomts out that he's most entertained and engaged h}' Ernie. espcc1ally the character·~ "wmy reparte wi th Ben. The superhero he identifies with most: Spiderman, because he 1s "mm· hie and complex." Asked whether it was also because the comic-book hero ne\ er got ca ught m his own web, Da\\\e\s' tes\)Cint.e \S deadpan. No. "\ tJtc~ct tnc \aw sc.noo\ que::.t \o"s ... wich the law school ones 1 can g1~·c }Ou nw best answer more readil}l "

R

Darucls sars.

"I teclless comfonabk calking abom those persona l dimensions," he pro te ts, perhaps ha\;ng second thoughts about the intel"\;ew. ln faimess to the usually media· savvy D amels · probably the most interviewed source at U ofT this year in his role as the Dean of the law school- he probably hasn't faced such inane questions before. But the other option, askmg Damels about his job, is wearisome. Senous questions yield lit· de new information; he speaks in polIShed sound bites, a~ if reading hom a promotional brochure.

If he sounds rehearsed when talking about the law school, it isn't h1s fault.

Daniels had to go into media overdri\·e last year when the marks scandal exploded on to the front pages and op1nion sections ofThe Globe and Mail, Natton al Post and other media.

Q\er the course of the past few months • perhaps the most tumultuous pcnod the school has ever seen ~ Damcls has had to repeat so often the mantra of what an infallible institutiOn the law school IS that he has con· vinced himself of it.

Ass.tiling hb vermicdli with the same vigour displayed in purging the school of mark fals1fiers, Daniels remams calm nnd unwavering as he ans\\ers the tough questions. He hardly breaks a sweat when he is asked about the commuing marks scandal, the apology lO Professor Dem~e R~aume, the exodus ofleft-lcanmg

LUNCH WITH SAMER

ULTRA VIRES

Alex Kerner, a long-time student activist and member of the International Socialist:., was elected President of the Students' Administrative Council, th~ government lxxly re pomibl~ for repre_,cnting all of th~ University of lixonto's undergraduate ,md professional stud~nt~o.

K~rner won agaimt the onlr other t•cket, a stuffed rahb1t named Wahbit, who spoke through the voice of Andrew Galbraith.

Kerner\ self proclaimed "1'-:o Logo" t1ck~t. which included running mates Lind a) Tabah (VP Education) and Mary Auz1 Gui.1o (VP Operations), won over 60% of the only 800 votes cast over two days of voting on October 9 and 10. Thb major f.11l by-election was triggered after

the disqualification of all four presidential tickets from last spring's SAC election due to rampant violations of the elections code.

T he el~ction was marked by a fair amount of student mdifference. One of the two optiom presented to students was a stuffed bunny. The other was a team that, as the lndepemk-tu Weekly noted in an e,htonal two weeks ago, managed to tum the phrase "No Logo" into a logo, using the words as a ~logan for thctr campaign.

As President, Kemer has promised to focus on campaigning for tuition cuts, reducing corporate presence on campus, pursumg an inuanw to obtain a student· discounted lTC pass, and establishing a mufti.faith prayer spac~ on campus.

More Classes on Fridays Administration aims to spread out schedule Who: Ronald Damels

BY N OAH G nTERMAN

Where: Pho Hung Restaurant

When: Tuesday, Oct. 2 Dish: Beef Shish kebab; $7 His favounte topic: the law school (especially the newly renovated cafeteria and its smoothies)

ptOtellosors, the \ac"- of vis\b\e minori· tics :nnong faculty, the co rporatizarion of the 5chool and sl..yroch·tmg cuinon

tees.

The Scandal

The biggest l~on he's leamed o ver the last year from the scandal that resulted in the smpcn~ion of 17 firstyear students: "How important it is tO stand ) OUr ground on principle.''

Daniels is unapologetic for his crusade against the student~. His hands were tied because he had no choice but to uphold the faculty's core values: integrity, honesty and commitment to thl' highest academic standards. "I hope that people look back and think that we didn't do too badly."

After meeting with the implicated students, Daniels concluded that the lion's sh are of them had no meaningful explanation for why they found them· selves in the situanon. Common responses mcluded, "J ask my~elf that question every day," or "I can't understand why I d1d what 1 did," o r "I sim· ply wanted the money."

He resists the notion that the law school was partly to blame for the students' behav1our because of the heavy Bay Street presence at the school from Day I. "I don't believe that the faculty o r the faculty's polic1es were in the end responsible for what happe ned.

The respons1bihty ... r~ts with the student~ who were involved."

Should the suspended students choose to come b.1ck tO the law school after a year of "rcflecnon,'' the faculty would welcome them back With "open

Please sec "Sen mg." page 5

New York Firms Maintain Recruiting Plans

International Socialist Beats Stuffed Rabbit for SAC Presidency 8 \ NOAH G ITIERMAN

The tradition of fewer classes • or even none at all • on Fridays has been discarded as the administration attempts to spread out the class schedule over the whole week.

"There was a desire for more time in t he week in which people could meet," cxp\ained A~s istan t Dean Loi~ Chiang.

"Pnrt of the .~hifring has mc:mt we hnd to usc Fritl;lys."

First-years seem most affected by the change. While in the past, first-years only had classes on Friday mornings, now they have class unnl 4:00 p.m. every Friday this semester. Upper-years have also been affected, as there are now four classes that are held on Friday mornings, and a space has been cleared hom 3:00 p.m. ro 5:00 p.m. for rescheduled classes.

Ch1ang explained that the tradition of havm g lit tle to no class on Fridays was never an articulated policy. According to Chtang, It was simply a function of the school's system of holding classes over two days· Monday and Wednesday, or Tuesday and T hursday • which worked to leave

Friday the odd day out.

With requests last year to carve out space tn the schedule where clubs a nd organizations would be assured that no students or faculty would have to be in class, there was more pressure to utilize Friday.

The goal for Chiang this year was to set aside time at lunch "where you could com· fortahly know th a t fir~t . ~cconJ , and third yea r ~

were no t in classes, nnd fac ul ty were not fl•ac hu1u."

In rlw .,.:h edulc, 1 h e re " n ow .11 ka~t an

hour each day where no one has class.

There arc two hours on Wednesday and Friday.

Some first years, however, have questioned the value of long breaks in the da), especially on Friday.

"It's terrible. It's a waste of time to have a one-and-a-half hour break [on Friday]," stated Liz Gradingcr.

Dave Poster accepted the need for Friday classes, but again questioned t he value of the lo ng break that day.

"Of course it would be nice not to have class at all, but seeing as we do, just cut th e one-and-a-half hour break," he said.

Students to pay for laptop use during exams Continued from page 3 potential security problems with the software itself.

Jason Kee, a second year student, wor· ri~ that the software can affect the computer's entire operating system. H e a lso wonders whether graduate-student invig~· lators have the technical expertise to help you if your computer crashes half-way through your exam.

Kee typed h1s exams for the first time last April. One-third of his Constitutional Exam disappeared. He admmed that he had run out of time but "a large chunk of the third que~tion was completed ... I was under the 1mpres~ion that I saved it to disk and to my hard drive." By the time he was informed of the prohlem by the record~ office, he had reformatted his hard drive and any 'temp' file was gone .tlong with any

"The studenrs who actuaUy use the software are the better group of studenrs to bear the cost." ,Claire Hunter (II) future chance of appeal.

"In the end, the exam was re-marked and the mark was adjusted, but whether the techmcal problem was taken into account, it was hard to say."

Admittedly, software like ExamSoft might have strengthened Kee's case. "Any techn1cal prohlem that arises would he at lea.~t p<trtially borne hy the univer~ity and this can mcrease the avenues of appeal in the event of some technical failure."

5

NEWS

16 OCTOBER 2001

New OCI procedure for American firms, with all interviews on same day years."

Goldberg continued to add that only one firm had expressed frustration over a per· Despite the direct impact of the recent terccived lack of long-term commitment to rorist attacks on many New York firms, on the New York firms ftom Canadian stu· -campus inten·iews in Toronto proceeded dents. "There are many reason:. particular without any complications. "We were quire firms have given for not wanting to conpleased," said Bonnie Goldberg, Assistant tinue recruiting m Canada. One firm, for Dean of Career Servtces. example, cited dtfflculties in obtammg "The applications had been due on visas for the students."

September II. We did nor even know if The continued enthusiasm from the the applications would reach the firms."

American firms allowed the Career In spite of a lengthy delay, the applica· Development Office to implement a new tlons were received. Cleary Gottlieb had procedure for interviews. sent out an email to students explammg Last year, firm representatives interthat the1r reauiting would follow original viewed people in rooms across the campus, plans. As explained on thetr website, "our with intervtews scheduled over several New York office was evacuated from One The new process is similar to weeks.

Liberty Plaza early on the morning of Toronto OCh, but hotel rooms arc used September II th .. Our plans for th~ size rather than booths in a convention centre. and structure of the 2002 Summer "This makes it much less likely that stu· Program have not changed. Our on-camdent:. will get lost," joked Lianne Krakauer pus interviewing schedule will proceed as of the Career Development Office. planned, and call-back interviews will be Chrbtophcr McKibbin, who panicipaH:d sch~duled without interruption." in the U.S. interviews \ast )'Car and offici· Cleary Gottlieb was not the only firm to· ;ued at the interviews thi:, )·car, thought have experienced changes in location due the proces:; has improved. to the attacks. Sidley Austin Brown & Some st~tdents hope to make it big on 42rul StTeet arul ehewhere in Manhattan next sttmnl<.'T. "This year, the mterviews were centrally Wood had office space in the World Trade located in a hotel with all interviews taking There had been concern that U.S. intere:.t Center. Remarkably, the)" also continued on the attacks during the interview~. place across the same day," t-.1cKibbin smd.

"Some mentioned how it affected the in U ofT law students wa~ dwindling due with on-campus interviews. According to "There is much less runnmg around and Goldberg, "not one firm cancelled due to recruttmg process briefly in conversation. to factors like the economic slowdown. less classc:. bcmg mi:.sed. Thi~ makes stu· the attacks. The only changes involved the But it was more of a topic at the actual din- According to Goldberg, ":~ome new firm~ dents more comfortable and ai--le ro con· ners," ~he said. decided to participate and others who par'PCClfiC lawyers sent to do the intcrvu:w,."

The fact th;~t U.S. recruitin g contit\\lct\ til:ipatcd \a t ,car ,\ic\ not. Rut the one~ ce\,ttatc on the content of their interviews, C l.u rc I \ u 1 \1 c r, a 'cconcl·ycar studen t who took part in the New York OC\ , w n h uch v\ •our ~\c pitc dtfi\C\1\t ~;;.ucum t\\nt u•d n 1. wet.:: not fum. t\-\,\1. h< d c n· as opposeu to the logistics surrounding

BY ANGELA }AMES

'~~~=r.,c:~ ,. ""' na

rhn r rh ellrrn s did nor sec·n•

10

Cln dl

<1

m ccs sen cd a., 11

~ourcc

of rclwrro ,;onJc.

s1src: ncly intcn•icn eel

01

cr the

p:,~~t

fen

tl~t•lll • ••

Serving up tuition and minority faculty recruitment: Samer talks with the dean Continued from "Dean Dauids," fJagt.' 4 ann."

He is looking forward to the day when the scandal is jmt a memory. "It's been a very wrenching time for the faculty, stu· dents, staff and alumni. I don't discount for a moment the sense of pain that all of u~ suffered during that time. But nevertheless I'm hoping now that we're healing and we're a stronger institution from that experience."

One of Daniels' regrets about the scandal is how the university handled the investigation of Prof. Reaume, which prompted a backlash on campus and across the country in support of the highly re,pccted academic whom many felt \\as unfairly ambushed.

"I regret that the university had puhlicly revealed her name. We should have been more attentive to her interests and the university apologized and I endorse that. As to the mvestigation, however, of Prof. Reaume, I don't regret that for a moment."

Tuition Fees Daniels acknowledged that tuition fees will increase again next year, but would not give a figu re o r speculate as to what an eventual ceiling would be. However, he says t hat the school has a lways tried to get more funding hom the government, university and a lumni befo re squeezing students. "The view that I've taken o n

tuition, and I've done this for the last six year' that I've been Dean, has been to regard tuition as a verv last resorr."

Considering that th,e fees have jumped more than 380 per cent since Daniel~ became D~an to about $I2,000 this year, it's hard to imagme how much students would be paying if it wasn't a last resort.

Damcls insists that the mcrLases haven't affected recruitment efforts. The percenragc of students accepting U ofT offers has increased as have GPA and LSAT scores. At the same time, he says that the diversity of the class has been holding steady or impro\'lng.

Daniels also states that the increased tuition fees haven't pushed students ro work at firms in order to pay off thc1r debt. (The average U ofT law student that applied for debt relief last year graduated With more than $22,300 m debt, a figure that does not mclude money owed hom undergrad.) He says the c hoices that students are making today aren't diffe ren t than six years ago, suggesting t hat the increased tuition fees haven't influenced the careers of debt-ridden students.

Staffing While three left-leaning pro-

fcssor:. left the faculty la~t year, Daniels say:. there is no cxodu:. of progressive faculty meml't.'r:.. "The decision that a tcw faculty members have made to leave fi)r a variety of per~onal rea~ons shouldn't be construed as being a more general ind1ctment of how congenial the climate is for those who have progressive beliefs and values.''

"There's a very large group of progres!tive faculty that are here and deeply com-

mitted to the institution and who feel at home in the institution.''

The 'a me b true for Daniel,, who say· the school has been hi!> home ~incc 19 2.

Th1s is when~ hi, closest friendshifko are n~1d ~e want:. to return to teaclung once lm snnt as Dean is complete. "~f, aspirations don't extend beyond the Ia\~'

school."

Know somemle who should be sert•ed for lunch! Conttlct UV ac (416) 946-7684.

When you're a lawyer, enjoying your life starts with enjoying your work.

Outstanding opportunities. Exceptional colleagues.

TORYS www.torys.com

6

ULTRA VIRFS

NEWS

16 OCTOBER 2001

NEWS

7

June Callwood Programme in Aboriginal Law Launched There will always be a segment of the law school population that is distinct from others in their class.

Academic superiority, confidence and business 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.

Newly renovated Rowell Room opens with celebration of $1 million program

BY ANGELA

EVERYBODY OUT OF THE

POOL

Goodman and Carr LLP is pleased to welcome the following students for the 2oor/2oo2 articling year: Este\\e Due:t - University of Toronto

Carita Pereira -University ofTaronto'

Michael Ghert - University of Taronto

Lida Bucyk - Queens Universiry

Brent Clooney - Queens Universiry

David Greenwood - Queens University

Mark Fletcher - University of Western Ontario

A bright and airy student-focused place.

INSIGHT

Out of the Basement and Into the Rowell Room

BY SIMON-}. PROULX

The newly and masterfully renovated Rowell Room gives the law school and its students what they have been sorely lacking for fifty years.

First, ir provides the school with a good public space. Such a space, complete with cafeteria and expensive coffee beverages,

institutional trend of minimizing window openmgs to save on energy costs, or to avoid the risks of vandalism. The abundance of natural light, coupled with the room's new warm halogen pot-lights, provides a refreshing change to the low-quality, migraine-inducing fluorescent lights found everywhere else. Student needs have been placed a head of some small sav-

caffeine and social inter-

ings on the school\ monthly energy bills.

The furniturt• chosen is a lso a rchef from much of wh;u is found cbcwherc in

course. This alone may be enough to justify third year. More importantly, the new space could foster greater school spirit and provide for more informal learning opportunities, all by facilitating interaction among students and with faculty members.

Quality student public space also has great symbolic value. We students of a quasi-private institution deserve more than lockers as we become "clients" purchasing an expens1ve and specialized "product" (discuss) . Senously, it shows that students are not mere afterthoughts of dus "Great Minds" University, that we are more than cattle, basement rats or Platonic cave-puppets (we can now be blinded by the light after each class).

Restoring the Rowell Room meant reopening its windows and converting it back to its former past as a conservatory or solarium. This runs against the common

the school. For one, it does not expose the university to liability for injuries, unlike the crooked swiveling fiberglass thingies m BLH, the concrete "benches" in the agora below Bora's head, or the splinter-giving vintage chairs in MCR. Furthermore, unlike the desks in the library, the new tables are not purposefully designed to make one feel small; their height is proportional to the height of the standard chair.

Here again, both aesthetics and student comfort and esteem have been placed ahead of cost concerns.

Finally, the school managed to do all th at without defacing a historically-significant building, avoiding the pitfalls of the Bora wing concrete extravaganza. This is again symbolically important, for it manifests an institutional willingness to recognize and build upon the strength of its past.

wi\\ provide an mcentive for studen ts to remain on school premises while seeking ~ustcnance,

Scorr

The new Rowell room was officially opened to students with the launch of the June Callwood Programme in Abonginal Law. On Thursday October 4 a crowd gathered to celebrate the university's newest venture regarding Aboriginal issue~. Students and staff in attendance were addn:sscd by a number of speaker~. including June Call wood, and were treated to pre~entations from Aboriginal singers and drummers.

The program honour~ Canadian JOUr· nalist, author, and soCial ac.tivbt June Callwood. Dean Ronald Daniels described her as an "icon in social justice circles. An outstanding citizen," who has been affiliated with and involved in the creation of a number of community groups.

Also honoured at the event was businessman Ronald Rhodes whose ideas and initiatives were central to the inception of the program. Rhodes was presented with gifts from the University's First Nations House, the Faculty of Law, and student Signa A. Duam Shanks. Daniels asserted that Rhodes was "mstrumental in bringing the program ro fruition. It was because of him that the program was developed."

The program cons1sts of a $1 million endowment which was created in part by an anonymous donor and then matched by

Students

June Callwood presides OtJer the launch of the new program 111 Aboriginal law. the University of Toronto. Half of the annual funds, an estimated $22,500, will be directed toward internships in Abonginal law m cooperation with Pro Bono Students Canada. The other half of the funds wLII provide admission scholarships for Aboriginal students based on financ~al need, with priority given to graduate fellowships.

Damcls said that the faculty hopes the program wtll function to attract Aboriginal

students to both the graduate and JD program. He said that the program will "build on a foundanon established within the faculty" in Aboriginal justice. For Daniels this foundation includes the academic and professional work of such professor~ as Patrick Macklem and Kent Roach as well as the students and alumni who have been involved in the field of Aboriginal law.

Previous efforts to address Aboriginal issues by the faculty include the recruit-

Goodmans Students

never come. But you won't believe what the future has in store for you. Especially if you're considering Goodmans.

We've been called creative, iconoclastic and entrepreneurial.

And that's just our summer students. Call Catherine Chang for all the deta1ls on our

- Universiry of Western Ontario

- Osgoode Hall i.Aw 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.

Sometimes, being a student feels like tomorrow may

Michael Rubinoff Anthony Strawson

mcnt of Aboriginal students, courses in Aboriginal law, the Academic Support Programme, the Indigenous Law Journal, and the Nattve L1w Students' Association.

The prohrram will not only aid in .student recruitment, it will aho afford student~ with opportunities to become involved in Aboriginal issues through the funding of internships.

For Assistant Dean Lois Chiang, uthesc internships will give great practical experience to students which will allow them to continue to do work with Aboriginal issue:. in the future."

The fir~t benefactor of the program, Signa A. Daum Shanks, is dm!cting her graduate re earch toward Aboriginal 1ssues under section 35 of the Constitution Act. Shanks is enthusiastic about the new program and commends the efforts and support of the University, including her supervisor Professor Macklem, Dean Daniels and Probsor Darlene Johnston. Shanh feels that the new program will facilitate dialogue between Aboriginal and other students toward solving Aboriginal issues.

Roy Lee, a first-year student who attended the event, said "l am encouraged by the support shown for Aboriginal issues.

Although l have very little experience with Aboriginal \ega\ issues l now fee\ that there i!> a source of information which l can access at the Univetsi{'f."

Soak up some UV Rays at our October issue launch party!

Tonight, October 16th, 8pm, at SpaHa in the Graduate Residence (corner of Harbord and Spadina)

Student Programs. 416.597.4190 or cchang@goodmans.ca

, GOODMANS LLP

Get the deal done.

BARRISTERS

& SOLICITORS

TOROI\.'TO • VA!':COUVER•HOI\:G KO!\:G

www.goodmans.ca

8

ULTRA VIRES

NEWS

Two New Student--Run Journals Introduced This Year

OCis: Report from the Trenches one of them actually got up and started tap dannng. The people in the booth next door were from the same firm and they pulled the curtam and asked what the hell i~ going on and my interviewer said we're rap-dancing. Later tn the interview they got to the part of my resume where I mentiom·d Scottish country dancing, and they made me get up and dance. This time my interviewers pulled the curtain so the people next door could sec.

CO\tFILED B't STEPHANIE WAKEFIELD

On October II th and 12th, Bay Street firm~ hdd the oddly-titled on-campus interviews for ~ccond-year summer job~ at the Metro Toronto Convention Centre.

Here are some fir~t h·md repor~:

OCls us Blind Dares One firn1 pointed out that I made mention of their litigation department in my cover letter, when in fact they did not have a litigation department.

\Xhrth of Wisdom My advice is, no matter how obnoxious your interview ream is, and no matter how much they are more interested in entertaining each other, rather than interviewing you, don't tell them they remind you of Bert and Ernie.

One firm didn't know where I had done my fir~r year of Ia\~ school. The interviewer asked if I had transferred after doing mr fir~r year at a university out west. I'm not sure what they rhoughr m y U ofT transcript was for, or how I managed to particA grainy photo represents the general attitude at OCis • whac, exactly, ipate in extra-curricular activities in am I doing here, wearing this suit!

Toronto while I was attending school in law, you should try contacting this ocher leicd." another province. law firm.

Silence can be awku•ard...

In one interview we sat there and talked about crack babies.

The guy Harted yawning in the middle of one of mine and he wouldn't stop. At one point I started listening to the com·ersa- Then they asked me what the fastest land tion next door because my interview was animal was. I got it right. so boring.

"Oh, yeah, it was great ~ we even got leied. ''

But some thin~ may be better left unsaid The.'i as~cu me, "do wu re.a\\v think )'ou're ~\''-"''& \o \)1:. 'Hot\.\n\; a\ a '\)tc.lom"'a\'\\\'1 corporate firm in two or three year~." 1said

Boston and New York firms also held OCis at the Delta Chelsea Hotel.

I was at one firm that had recently merged and rhe two interviewers got into a debate over which one of the firms was better before the merger.

I spent one ennre interview discussing the ins and outs of Survivor. One of my interviewer~ was a Survtvor obsessive and the

One interviewer commented rhat 1 had a srarrlmg resemblance to Dean Ron Daniels.

no.

Do your best not to say "man" or "dude."

Some students noted a little tension between the1r interviewers.

other wasn't into it. He got madder and madder tha t we were talking about it and at one point he got up and left.

They were al>king me about my internship in Hawaii, and I said it was great but that 1 wished it had been a httle bit better orga1 was sitting in my interview and we were nized. One interviewer said "I hope they at chatting about some of my interests and least picked you up at rhe airport." I said they ~aid if you're interested in this type of "Oh, yeah, it was great - we even got

In one mterview they asked if I had any questions about the firm. I thought what the hell and asked them how hard it was to

"Then they asked me what the fastest land animal was. I got it right."

Periodicals to provide forum for equality an d indigenous law scholarship BY

SIMREN DESAI

Two new student-run academic journals have l,ccn introduced to the law sc.hool, both aimed at issues of legal equality. The founder~ of the new Journal for Law and Equality ULE) and the Indigenous L1w Journal (lLJ) arc hoping to champ1on the pnncipb of ju~tice and equality 111 our legal s)'Stem.

The lll'W joumab are both funded hy the law school. Though similar in fonnat to the Law Rc\·icw, U ofT's well known student· run general topic law journal, they will focus on more progressive issues pertaming ro groups who are currently fighting for rcprcsenranon and recognition m Canada.

"We noticed a shortage of outlets for 5tudent scholarship at the school and across the country," said Colin Grey, an editor and one of four second-year founders of the JLE. Grey saw this shortage as particularly evident in the realm of Bryce Edwards, Editor-in-Chief of the IU. equality-related legal issues. Grey and cofounders Tim Dickson, Bruce Ellis, and awareness of the existence of Indigenous Louise James decided to start the journal issues in legal circles but that these issues while working as research assistants for are often misunderstood. He believes chat part of the reason for this is the lack of a faculty members this past summer.

Bryce Edwards, editor-in-chief at the ILJ, forum for the discussion of Canadian conand co-founders like Justin Denis, who sntutional law and its relation to First graduated from the school last year, saw a Nations legal issues and systems.

In providing this forum, the IL] hopes to ~imilar problem in the area of First Nations facilitate Canadian progress in this area and law. Edwa rds n o te d that there is a acnc ra \

ultimately become a pre-eminent source of positions for web editing and web design.

Edwards provides some motivation for First Nations legal doctrine on the international scene. Edwards also hopes that the getting involved, beyond a simple interest ILJ will set an example for other countries in the issues. "When the next round of whose indigenous law suffers from disorga- conwtutional talks happen, the dealnization and lack of understanding by their breaker is going to be First Nations. People who arc interested in comtitutional law respective legal communities.

The JLE, while also trying to centralize should seriously consider sreciali:ing [in dbcourse, is taking submis~ions on any thi~ area)." he ~aid. Edwards thinks that equaltty-rclatcd cases. The problem the tho'e who understand the issue:; and can editors of the JLE find is chat the reporting offer creative solutions legally, :-ociall)·, and and d1scu~sion of such cases are norn1ally politically will he in high demand .

Regarding pitfalls facing the journals, scattered over a broad range of publicasec~ a shortage of funding as an Edwards tions, such as women's advocacv magazines obstacle.

But he expects the June Callwood and labour union reports. A smgle rev1ew 1s endowment fund to allevmtc this problem. necessary in order co pur all the issues into With a commitment from Dean Daniels of contt!xt. The JLE editors welcomt! submis$9,000 m each of the next two years, the sions from students as well as academics.

On the editorial side, both journals arc JLE is not financially troubled. Bur Grey still recruiting. First-years are especially wel- cites a difficulty in attracting quality articome. The commitment will be similar to cles, despite having sent out 250 calls for Law Review. Junior editors are given sub- submissions to experts in these fields.

The ILJ and JLE will make their inaumissions to reVlew and discuss with their fellow 'cell group' members. The best articles gural publications in spring and summer Wlll be passed to senior editors for final 2002, respectively. The JLE will publish review. Cell groups are acove immediately semi-annually, and the ILJ annually, thereat the JLE and will begin meeting next after. Those interested in anv aspect of the semester at the ILJ. Both Grey and Edwards IL] should contact Bryce Edwards at (4t6) 946-8134 or bryce.edwards@utoronto.ca. emphasize that no experience is necessary.

For those who want to get involved Cohn Grey can be reached by phone at immediate!'{ at the ILJ, administration, (4\6)5 \5-8111 or lawequit'{.]ournal@ communications, marketing and promotion utoronto.ca. A lmk to the }L£ website can po:.itions are also avai\ab\e. The lL'E. stil\ bas be found on the \ibrat'{ home \)age.

gcr Knicks ticker~ a n d we talked nhout

dancing?

that for ten minutes. 1 actually got a caBback.

I heard in the middle of one person's interview the interviewer turned on the TY.

I had been talking to someone beforehand and she said she was losing her mind and ar the next one she was going to tap dance.

So I brought it up in my next inrervtew and

Someone was asking about the hiring process, and the interviewer said "We're going to call or mail a letter next week.

We'll probably mail a letter to you."

And finally, what's a date without a little

Someone told me that on the way into the mterview they overhead the interviewer:. say, "let's jmt cut thb one short."

9

NEWS

16 OCTOBER 2001

' '

We know our strengths. So do the hundreds of fortune 500 companies we serve. Practise full-strength IP and technology law at Smart &.. Biggar.

\".............................................................. ····················································································-·······-·················-....

\ OFFERING THE LEARNING I OPPORTUNITY OF A LIFETIME

· · ·. .l \

:

:

L·- ·--··················-························-- ----···-·····-···················--·-------·························-··--···-··-.. ···--·····--·-·-·····-········-~

Smart &... Biggar is Canada's largest and most respected law firm practising exclusively in the field of intellectual property and technology law. For full information on how and when to apply for a position with us, please visit the Recruitment area of our web site: smart-biggar.ca.

Advising leaders Finding solutions Adding value Resolving disputes Sharing know-how Setting standards Practising law that matters

SMART I

...............---····························· T 0 R0

HT0

>

OTTAWA

>

CALGARY

>

........................... ................................_

MONTRtAL

>

NEW

BIGGAR

Intellectual Property 6-. Technology Law

oslerstudent.com

Osler, Hoskin & Har court LLP

~

YORK

11

NEW YORK STORIES

10

A Brash and Ambitious City

BY BERKELEY HYNES

M

s m New York City for exactly 10 eeks. I got there the day before work , gan, and left the morning after it finished • 12 hours later than I initially planned a~ I missed my flight home on the Friday night. Dunng my entire time in New York, I essentially lived at work, on the subway back to Harlem, and asleep. I went out a bunch of rimes with friends, and the odd time with work. The rimes out with work didn't really count - it was hard to enjoy the ambience when someone wf!s trying to explain repo to me. Once I got that, the conversation moved quickly on to things like funding cost arbitrages.

The New )'ork I lh·ed in was right downtown, in a ouilding unmarked except tor "85" on rhe front pillar, beneath three huge American t1ag,. From the 29th floor, you could survcr Lower Manhattan. Brooklyn Benji Shinewald, Robin Mahood, Bryce Edwards and Elisa Vicencio, Donna Aronson, har, EW~ h!:mJ, the gotham skyscrapers, Katie Brock, and Noah Girrerman on the Brooklyn Bridge. anJ the ~iganric World Trade Cenrer. The Now this has changed. The brother of a only obscured site was the Statute of of the trading floor raised its ugly head once the ~cnior bankers and traders left. VP I worked for was on the first plane that Liherty.

At work, I found what was perhaps the Analysts (undergrads) would engage in crashed into the WTC. Dtrect friends and most effictent team I have ever joined - the eating contests, savage practical jokes acquaintances all surv1ved, but they now firm was in bu~iness to make money, and occurred, and eventually I reali:ed rhat it walk past the Nattonal Guard to work and the cash register was ringing all day long. was actually somehow quite fun as long as swear they can smell death and war throughout the office, the elevators, and Everyone, from partner to secretarial assis- I kept my wits about me That C. what makes New York both everywhere near Wall Street. They were tant~. sat on the desk. The desk spanned the floor, and would have been over hun- imriguing and awful. It IS the centre of the truly shaken. This shocked me.

I am still thmking about what I should dreds of feet long if aisles had nor been world because it seized that title and tsn't do.

Perhaps 1t is more rational to stay in giving it up.

The city survives by tts shrewd broken through tt. l sat within arm's length Toronto, from a qualtty of life and safety cunn\ng and staggering ambition.

Yet the o~ a ~cn\m v\c.c-~resi.ucnt, and we each ncatU I!VI!t'j 1.\t\\!,\1! tn\t\'t', tnl! OtnCt \ltti!II!U qua\\ty of llai\)' \,fc b at bel\t debatable. perspective. Yet the opportunity New York unbs I liccrallr stuck my head under mr New York lived • then • in a sorr of mora/ presents is mammoth. I would h<trc ro desk to take persona/ calls. Needless to say, netherworld where taking sides was foolish think that the city, the job, or the terrorists I didn't chit-chat much. Most of our din- and profiting from the chaos was the only were in any way capable of defeating my ners were eaten in the conference rooms logical response. I learned a ton there, but ambitions. that lined the floor. All the stereotyptc fun feared the type of wisdom I gained.

E

I

..

uy '""students

spent tht summer of 200 I in New York City.

They worked at corporate law fi m1s, as lntemauonal H uman Rights Prog· ramme lllterns, and as Law/MBA recruits. 1bc1r responses to the horrific events of September I1 have been amplified and informed by the connecuon tht.'Y made with the city during the summer.

September II was the publication date of last month' s Ultra Vires. In thts issue, some of the students who went to New York have voiced their reac· tions to the tragedy that occurred just over a month ago. Other students felt they could not put their feelings about

New York m to word~.

One said: "The tragedy of Sept· ember , i continues." She spoke of a friend who asked for a transfer to her law fimt's London office, because the young lawyer cannot bring herself to return to her workplace ncar the World Trade Center, after what she saw that day.

• Beatrice t•an Dijk If you would like to add any comments to those here, you can send a letter to the ed1tor at ultra.vires(a utoronro.ca.

Looking across the Hudson to Battery Park City and the World Trade Center.

The World Trade Center BY

Matt Cumming, Beatnce van Dijk, Robin

hood, Katie Brock, and friends after dinner at the 2~ Cluh.

-------

-~----------------------~

Cognitive Dissonance

The View From the Top BY ] ENNIFER KAI..NlNS

llove New York City. The record shops of Greenwtch Village. Nightlife on the Lower East Side and m Alphabet City. Pizza in Brooklyn, and the beauty of walking over the Brooklyn Bridge to get it. Going to the Met to see art, and finding out you can get a drink on the roof, and being amazed at the view of Central Park and Manhattan behind 1t. Even the stmking subway seemed charming to me. And given how hot those platforms got m July, that is saying a lor. (Although, when the subway doors open at Coney Island, you can smell the ocean!) Maybe I was under a spell.

Ever since high ~chool, and before ever having visited the place, I wanted to live in New York. I'm not sure why, exactly. I suppose it just seemed to be the centre of excitement for everything. Art, theatre, live music, great food • whatever's your bag, New York specializes in it.

The summer was a dream .. Taking a job at a law firm there was, for me, all about realizing a dream, and had nothing really to do with making a career move. Maybe that seems silly. Nevertheless, I have decided to go back to work at my summer law firm next year.

Why? The firm turned out to be filled with great people and interesting work.

My mentor became a great friend. She

Jennifer's view from the World Trade Center, as she dined with her mentor. started my summer off by taking me to din· ner at the top of the World Trade Center.

I'll never forget the view from the top, especially of all of Manhattan's bridges.

Oddly enough, I stuck a picture she had taken of that view on my refrigerator upon returning to Toronto. Sadly, it's a view that doesn't exist anymore.

Everyone I knew in New York ended up safe and sound, including my mentor who had to be evacuated from her aparrmem,

50 metres from the World Trade Center. I cannot begin to imagme the loss felt by others.

I don't know if I am as excited to move to New York as I was before September 11.

I did pause to conMder whether it was wise to do so, at thC. point. But what I took away from the whole tragedy was that life is short. Whatever it is that you really want to do, you should. Terronsts be damned.

No Point of Reference

The Spirit of New York

Continued from page I ally invited to attend summer recruiting events with my boyfriend's firm.

The two of us loved the critical mass of life in New York City. But because the law firm was courting us, our summer was dominated by a luxurious version of New York that few people experience. Every· thing we did seemed frivolous, but fun, before September 11. Now, the frivolity of it all seems almost disgusting.

For example, the law firm took us on a boat cruise around the bottom rip of Manhattan. I guzzled Campari-sodas and champagne from the open bar, ate moun· rains of shrimp from the appetizer table, and took the skyline for granted as part of the whole glamorous scene.

When we went to a partner's pent· house for a cocktail party, we gazed from the rooftop terrace to the tall towers downtown without any thought that we might never be able to repeat the experi· ence.

We went to the 21 Club and other out· rageously expensive restaurants with fel· low Canadian summer students. I remem· ber we went to some bar called the Oak Room, where one little bottle of Stella Artois cost $12. On another evening, we went to see Woody Allen play his clarinet at the Carlyle Club. The cover charge to ~it at a table was $60 per person. We went for a particularly splendid meal for

the "buddy mght" offered by the firm. My boyfriend's fir~t course was ossetra caviar perched on a pillow of vodka cream. I had foie gras.

Our opulent world was totally removed from most people's reality, but the only time I felt any conscious discomfort about that was before the caviar-foie gras dinner. The driver of the firm car who drove us to the restaurant had been in the U.S. for only one month. He wanted to practice his English. He cold us he came from St Petersburg, and had been an army officer. He said his life in Russia was unbear· able. There was a time when the army could not feed or pay him for 6 months, and the soldiers had foraged for themselves. He described St Petersburg as a dtverse city, because it has Lutherans, Orthodox Christians, and Roman Catholics. New York's type of diversity must have been a real shock to his system. We wished him luck in his new life, and went to eat our 7-course meal. I felt awful.

On September 11, I spent the day watching CNN, crying, and worrying about friends and relatives. As the day came to an end, I was kept awake by the question: Could our blithe over-consumption dunng the summer have contributed to the resentment of our society that helped create this terrible situation?

B\" ALLX DOSTAL

DAN MURDOCH

Is it wrong to speak ill of fallen bUildings? Standing on the Jersey shore, looking across the Hudson to lower Manhattan, the twin towers of the World Trade Center could almost frighten. They were huge • like the rubble they have become, pictures could not do them justice. I remember wondering, months before the attack, what the skyline would look like without them. They so dwarfed the rest of the buildings in the harbour. It occurred to me that, were they gone, I might notice the rest of the skyline and admire the Woolworth Building or the American Express Building; but instead, I could only stare at the monstrosities that filled my view with disconcerted awe.

Aesthetically, the World Trade Center was contrary to the spirit of New York. The rowers seemed to confess the banality of capitalism. But this passionate and thoroughly capitalist city does not make such confessions. The towers were cold. New York is white hot. From where I stood on the Jcr.;cy shore, at Liberty State Park, the angle was such that the buildings betrayed no windows. Giant, grey, impermeable; secret. An expression of power, neither evil nor benevolent - but indifferent.

The rest of New York does not hide itself this way. Its emo· tiom and functions are out for all to see. New York is a city of anarchic traffic, streetside fire escapes, public arguments, PDAs, crumblmg poverty, flamboyant wealth, flamboyant sexuality, breakdancers, beggars. New York b alive in a way you cannot understand until you go there. You return both bored and relieved with home.

The World Trade Center appear removed from the rest of the city. It sat on reclaimed land, surrounded itself with wide streets, forced pedestrians inside, wasted space. It was always clean. The attack was on a symbol • the cold indifference of U.S. economic might, as perceived by the attackers and exemplified by the twin towers. But the symbol was false. It represented neither the business of its tenants nor the attitude of the surrounding city.

I will return to New York next year. Not because of the wealth and power, but because its vibrancy puts the lie to stereotypes of capitalism. The builders of the World Trade Center failed to understand this. In rebuildmg, the spirit of New York should not be hidden away.

'

Tuesday, June 5, 2001, 8:05a.m. I leave my apamnenr building for the subway station. I walk south down the street, and I look up ahead. Loommg imposingly in my view, the rw;n towers of the World Trade Center. I sigh, and think: Wow, I am actually livmg in New York.

6:30pm. I return from work. I head out to the patio on the 7th floor of my apartment building to have a drink and enjoy another evening in New York City. My view from the patio!

The twin towers of the World Trade Center. I heave a sigh of blissful contentment and think to myself how incredible it is that I am spending the summer in one of the most exhilarating and energetic cities on earth.

Thus went a typical day for me while I was in New York City.

During the three months I spent there, the World Trade Center became for me the New York equivalent to the CN Tower. A landmark that creeps into your psyche: a point of reference, a continuous reminder of where you are. When wandering around the bewildering labyrinth that is Greenwich Village, for example, it is easy to lose your bearing~. But rather than having a map as my constant companion (after all, who wants to look like a tounst!), I would simply look up at the World Trade Centre to reorient. I would need more hands than L'HeurcuxDube has dissents to count the number of times it saved me from becoming desperately lost.

Now the World Trade Center is gone. An empty sky has replaced what was once the dominating twin rowers. This is something I find hard to accept or believe. I gazed at the towers day after day for three months, and never ceased to be impressed by their complete majesty, their immensity and height ... so many floors ... so many people inside.

The scar that this tragedy leaves on New York City and on the rest of the world is much more profound than an altered skyline. The loss is far, far greater than a missing beacon for a Canadian law student gone astray. Although I know that the city is resilient and will not be defeated by these inhuman acts, the atrocities of September 11 will never allow me to see New York the way I did during those many summer nights on my apartment patio.

12

16 OCTOBER 2001

EDITORIAL

Against Laptops: Prioritizing Convenience Over Learning

BY NoAH GITI'ERMAN

1 the student newspaper of the Faculty of L'lw ar the University uf Toronto. Our goal IS to provtde a forum in whtch students can cxch,mge tht'ir 1deas. \\~ hope to f011ter a sense of community v. tthm the Facult) of Law, the Unt\'Crsny as a \\hole, and the greater Toronto area. Our nu s1on is to increa~e sru· dent twarencss of legal and sooal IS ucs md, m tum, to encourage our pen~ to contnbute to rhe many commumucs of \\ hich v. e are a part.

I

&litars·nl·Chief Noah Gttterman Dan Murdoch

o.c. :I..~

News Tim Wilhur EDITORIAL

Features Ali Engel Beatrice van Dijl:

Legal Issues Simon·J. Proulx

Diversions Stephen Parks

Production Manager Salman Haq

Can you believe what Ari Fleischer is sayi~g? ast February, Ultra Vires printed an article by then Editor-in-Chief Melissa Kluger cri6cizing the Supreme Court's Sharpe decision as an overbroad restriction on freedom of expression. We may now need to step back: today's challenges are not towards expression on the periphery, like child pornography, but to mainstream dissent.

Instead of debating the point (if it exists) at wluch expression becomes so harmful

L

and \nva\uah\e as to warrant censorship,

Businm Manager jenn Bonneville

Copy Editor Usa Vatch Ultra Vll'e$ is an editorially autonomous newspaper. Ulcra Vires is open to contributions which reflect dtverse points of view, and its contents do not necessarily reflect the vtews of the Faculty of Law, the Students' Law Society (SLS) or the editorial board. The editors wei· come contributions from students, faculty and other interested persons, but reserve the right to edit &ubmis· tons for length and content.

Communications Centre Falcc,ner Hall 84 Queen's Park Crescent Toronto. Ontano MSS 2C5

(416) 946-7684 ultra.vires@utoronto.ca www.law.utoronto.ca/ultravires Adytltising mquiries should be sent to the attennon of the adverTising manager at ultra.vires(a utotomo.ca Ultra Vires is publtshed monthly, and IS pnnted by Weller Publishing in Toronto. Carculation 2,000.

The next ISSue will be in November

2001.

13

ULTRA VIRES

ULTRA VIRES

,,

OPINION

we must defend conventional speech which questions authority or majoricarian wisdom.

The difference is that these arc not legislative challenges. Some are certainly institutional. The White House press secretary, for instance, criticized pundit Bill Maher for saying that the suicide pilots were not cowards. "People should watch what they say," said Ari Fleischer.

The Bush administranon has also convinced the major U.S. networks to limit the airing of any future bin Laden videos. Self-censorship is rampant as well: news media, for instance, have decided nor to go ahead with a compre·

hensive recount of the Florida ballots, for fear of being critical of their com· mander-m-ch1ef. But although a White House and a media industry that is so dismiss1ve of fundamental freedoms is quite worrisome Gust listen to Press Secretary An Fleischer threaten the Amencan public), it is not exactly unexpected behaviour. The major networks are so closely affiliated with the U.S. power structure that they are not outlets f<)r du.~cn.t at the best: of times. These are, after all, the people who rook the

tive). One of the paradoxes of free speech is that the right must be broad enough to protect demands for censorshtp, as long as such demands do not flow from a governmental body.

Under nonnal circumstances, dissenters have no trouble being heard over a quiet, content majority. But in times of cnsis, the majority may feel the need to fight for the status quo. An anxious majority will always try to drown out the

roo political.

In Canada, we have the condemnation ofUBC professor Sunera Thobani's harsh criticism of the U.S. government.

Some have called it hate speech. But once agam, there are no official sanc6ons. Her speech has been questioned, indeed her right to say it has been ques6oned, but her free speech has not been silenced. The statements have simply been condemned by individuals, non· governmental organizations and members of the media (and thankfully, in contrast to the U.S., not by the cxecu-

policy debate and creative ideas. Such is democracy. But the debate and creativity are available, now more than ever, out· side of mainstream outlets. It is important to speak our against those who oppose free expression, though it is in their rights. But more importantly, we ought to recognize that listeners have a responsibility too, to be open and understanding and critical. We must educate ourselves by finding, in print and online (though probably not on television), alternative media sources that con6nue to question conventional wisdom.

Smother~> Brothers off the air for bemg

uis~cnt, nnd the right to free speech cnti·

ties them to do so.

Th1b

generally rcbult~ m rhe sulhng of

A second Editorial, and all for the price of one The Rowell room looks good. It's comfy and cool.

But we must comment on our new, shrunken cafetena. Still unnamed at the time of printing (we hke last year's option "Presumed Edible"), the Rowell Room's adjoining closet has been ad~&­ appointment to many who were tantalized by the possibilities presented in last year's food survey.

The new cafeteria has one major improvement, and one minor one: better coffee and a sandwich grille, respectively.

But it has fallen down in three respects: slow lines, dwmdling selecrion and cramped space.

Many law students enjoy specialty cof· fees. The Ed. Board of Ultra Vires cer· tainly does. Unfortunately, when Admin and Bus. Org. break at the same orne, poor Maria has enough to do without foaming a cappuccino. It's almost impos·

sible to buy a water and get back to class on time. What's going to happen once the classrooms are renovated and there are twice as many students in Flavelle?

Speaking of buying water, at $1.40 for 500ml, one would think they could keep it in stock. The shelves are frequently missmg at least one of the water sues.

Meanwhile, there are always 200ml minibar Perners. We've gone from three refngerators of pops, juices, water and milk to a small cooling unit with 3 types of over-priced bottled pop, upscale Seaman Soda, mammoth jars of Sobe and Arizona iced tea that cost over $3 with tax, mocha and french vanilla Frappuccinos, and two different types of sparkling mineral water (because law students, identified in the Sodexho Marriott food survey as Trendsetters and Dreamcatchers, know the difference between Perner and San Pellegrino).

The pastry selection has undergone a similar decline, but rather than go upscale it has just petered out. Whither the double chocolate muffin?

And why IS the cafeteria so small?

Would it have co~t that much to expand a touch into the Rowell Room? The lines are made worse because students cannot comfortably get in to choose their items until the person m front has paid and left. Backpacks could send beverages flying. Improving the selection seems impossible given the space issues (though we could get rid of the Seaman's soda and put in some Ocean Spray or Everfresh juices).

If this is what Trendsetters and Dreamcatchers wane, mark us main· streamers. Sodexho Marriott should know better. If this was a private prison, there'd be a riot.

>hould point out right off the bat that I'm not some kind of laptop-wrecking Luddite. I enjoy the convenience of personal computers. I have a PDA. I'm con· sidering purchasing a cell phone.

But I'm against laptops.

Perhaps I should clarify: if you want to own and use a laptop, I'm not going to raise any fuss.

But 1f you want to compete with me during exams with your laptop, or if you want to divert scarce resources into huilding a support structure for your laptop, I must forcefully object.

Laptops, of course, became a toptc of intense discussion last year when it was pointed out that students who use them for exams gain certain advantages over those who keep to their pens and paper (and let's just acknowledge the truth of that, laptop users. The exceptionally con· trived, time-sensittve, learning-as-sport exam writing contest puts priority on speed, and laptops certainly give you that.

Your arguments for the legi6macy of laptop use during exams must lie elsewhere). The issue, however, is a ltttle larger than that.

For it's not JUSt laptop use during exams, but the school's investment in laptop infra. structure - wireless networks and special classrooms - that ought to be questtoned.

Because now, not only do non-users need to sign up, and will soon have to pay for, the w;e of desktops during exams in order to level the playing field with laptop users, but we arc under a more diffuse but growing pressure to purchase laptops due to the diversion of law school resources (our resources) into laptop support.

And what is this all for? So you don't have to get up from your seat to check your ematl?

I have heard it said, in defence of laptops, that they are excellent teaming tools, and that users rely on them to under:.tand the law. But what exactly is the clatm here?

That'it was harder to learn the law before laptops came around? That laptop users understand thetr course work better because of their laptops? That they learn stuff faster? That they get better marks than they would have without their laptops? (and remember, I'm speaking here about laptops as a general learning tool, not about their use in the context of a heavily timesensitive exam).

The only class· room advantage I can clearly point to is that your notes look nicer, and have better headings, and that it's easier to borrow them for a class that you missed. But I thmk this qualifies as a minor convenience, not an advancement in learning.

Now, one may very well depend on this minor convenience. One may even be addicted to it, and thus feel that one needs it. And of course the administration depends on laptops too, because 1t allows them to shift more costs to students, and

Let's not allow a technology fetish to cloud our better judgrnent.

spend less on expensive facihnes like com· purer labs. But is this a valid reason to divert large amounts of student money? [s this what I'm being called to make sacri· flees for? Convenience? · I must admit, I certainly enjoy my conveniences. Heck, I might even buy a laptop soon. But I would never claim it's about learning. I would never claim that I need one, and that others ought to support this need.

And likewilie, in the midst of a veritable explosion of laptop use and laptop invest· menr at the school, we should all be clear about where the motivation is coming from. And it should be clear that we ought not to be prioritizing convenience O\'Cr learning, to be building wireless networks when students are standing in the computer lab cursing at their screens because the goddamn things don't work.

Yes, wireless is really, really near. The conveniences that technology is capable of providing us are exciting, even stimulating.

Bur let's not allow a technology fetish, or our weakness for convenience, to cloud our better judgment. Laptops are nifty, but law school is a whole lot more than that.

Letters to the Editor Editors,

Why? Either because they're too afraid of political marginalization (or worse) to question it, or because it just seems right: bin Laden is in Nghanistan, righd And Afghamstan hasn'r given in to U.S.

those unfortunate students involved in the affair.

The l:tw is an ass.

The student makes a number of asser· At least that's what the United States t\ons about the Facuh.)' of l..aw: that the and all the countries mvolved m the school puts "too much emphasis on money tt1\;.k vtt A1gharustiUI .. c...·cnt tu be.: ~aying.

Jcmanu~, nghrl Oh, and down wirh rerrorand d1e presently popular, mentally and It is unquestionable that these attacks on ism, right? Okay then - bombs away. morally deprived, nco-liberal perspective," Afghanistan's sovereignty constitute a use But the law isn't about what seems right. and that its "role is ro inculcate its stuof force. As such, they are presumptively It's about what is right. The U.S. and its dents with the firms' ideology." As for "the illegal under the law set out in the Charter allies • including Canada - must find a way big, money-centered finns," well, "their of the United Na6ons (ironically, this to justify these attacks in the law, or suffer acttvities after all, no matter how month marks the 56th anniversary of the the legal consequences. Either way, the law depraved, rest comfortably under the cloak Charter). But, no one seems to care. No cannot be ignored. If it is, then the law is of legaltty and are effectively insulated one is asking whether we're allowed to be indeed an ass and those of us who purport from scrutiny." doing this, to be invading another country; to live under it somethmg even worse.

The student's cri6cism of law firms and we're just doing 1t. And instead oflegal jus- -Karen Park the1r sphere of influence in the Faculty tification, we're spounng rhetoric and getbegs several questions: Why was this very ting caught up in our sanctimonious soap- Editors, same student so eager to apply to these boxing: Down with terrorism! Up with firms? In fact, the zealousness of this stukilling more people! And everyone has After reading last edition's (Sept. 11,200 I) dent is worth no6ng: his/her applications bought into it, including the UN letter to the editor, submitted (anony- were done during first year, when recruitSecretary-General who just two weeks ago mously} by a student suspended for mili· ing is minimal, and there are only a handurged UN members to "reaffirm the rule of representing his/her grades, I found my~clf ful of coveted positions at the most prestt· law" in response to the Sept. 11 attacks. reconsidering my previous sympathies for gious of corporate firms. Moreover, not

only did this student apply to the fi.nns, but s!he misrepresented his grades, essentially backstopping his/her fellow students who apphed for the positions~ To my mind, the student'~ gradt: mb· rcprc:;entariom are forgivable. But hi\t]Jer lack of conTrition and subsequent denomination of the institutions s/he so zealously coveted, are not.

- Ariel Neuer

Read

uv.

------ --- - 14

Legality, Legitimacy, Proportionality and Self..Defense

Defining Terrorism

Public international law and the response to the attacks of September 11

Parliament Considers Proposed Legislative Measures

CC'-, the srage would he set for a colk-ctivc rc~pome that includes rhc u~c of force. any commentator~ have ohscr\'ed Action pursuant to a Security Council that the ·~rare-centric' sy~rem of Re~olution would be the most olwiomly international law has trouble 'legal' path towards rhe use offorce against dealing with the rcrrori~t attack~ of bin Laden and the Talihan. At a political ~epternbcr II. There also ~eems to he a h:vcl, it would al~o help frame any mea· \\ idespread assumption that, at any rate, sures as those of the international commumtcrnauonallaw has little ahility to shape nity, as,emhled 111 the LJN. and might make the re poruc to the event~ of September at easier for .states with large Muslim por uII and that (po\\Cr) politic.., will carry the lation.' to support rhc measures. However, clay. In my \'Jew, nc1ther a~~es ment b cor- it is nor clear that there is an international rect. \X'h1le the fiN ovcrlooh the man} community that could agree on the appro· rc~pon e that arc po~.sihlc under Internapriateness of the usc of force m tional Ja\1, rhc second retlecb a miscon· Afgh:mistan. To be sure, the UN General cepoon • or at leasr a limited conception - As~emhly just held a week of dtscussions of how mrcrnarionallaw OJX:ratcs. on terrorism, and there 1s broad condem· I turn firsr to whether or not interna· nation of terrorism and widespread support tiona/ law can dc~l with the current situa· for rhc further development of various tion. The hricf answer is that it provides treaties to suppress and eradicate terrorboth tor responses that reach the perpctra· ism. S1mtlar/y, In ItS most recent tors directly, and for responses that target Rcsolunon 1373 of September 28, the states that may be 'harbouring' the perpc· Security Council calls for various measures trators. Given the military measures that directed at terrorism. However, it d1d not just commenced, mr focus is mainly thb adopt measures against the terrorists, let type of response. alone measures involving the use of force.

Notwithstanding rhe fact that interna- One can only surmise why • inability to nonal law is predominantly concerned secure agreement on forcible measures, with rhc relations among states, individu· perhaps also reluctance on the part of ab can he directly responsible for 'interna- some states to subject their freedom of tional crimes.' including terrorist acts such response action, and strategic information, as those of September 11. All states, if they to UN authority. apprehend the perpetrators, have 'univer· It IS significant, then, that both ~a\ jun Jic.tion' to prosecute these crime~. Resolutions 1368 and 1373 affirm the

M

Un1.kt vanou<; tl!tt()t\sm neatll!'>. "'we\\ as

bil:neral extradition treaties, states also han! obligacic>ns to

extradite

tcrrori~ts.

"\nhcrcnt t\gn\ of \nd.\v\dua\ or co\\c<.tiv..sclf-clcfcncc in accordance with the IUNJ Charter." While

chis clause does "lntemational law does Obviou~ly, apprenot state that the hcndmg the perpeuse of force b~ to terrorists." trators and/or individual UN securing their members would be extraJltion are among the key practical justified as self-defence, it leaves the door problems in the current situation. My open to just that argument • and the longpoint i~ simply that mtemational law does standing debate about what limitations apply to terrorists. international law places on the use of force by individual states.

Article 2(4) of the Charter prohibits the T he 'harbouring' ofOsama bin Laden by threat or use of force. Short of action Afghanistan's Taliban regime, and the authorized by the Secunty Council, an refusal to surrender him, have focused exception is prov1ded only in Article 51: attention on military measures that might pursuant to their "inherent right of selfhe taken in Afghanistan. defense," states may usc force to respond The UN Security Council, in several to an "armed attack." Retaliation, clearly, resolutions pa5sed since 1998, has con· is not self-defence and any rhetoric linking demned hm L1den's activities, as well as the two is disingenuous. Retaliation the Talihan for sheltering him and his orga- through forcible measures is quite simply nizmion. It repeatedly called upon the unlawful. Military action in Afghanistan Tali han to surrender o~ama bin L1den and would have to he undertaken as genuine imposed various non-military sanctions 'anticipatory self-defence' against a conupon the regime. In 1999, the Secunry crete threat of further attacb. What is Council first determined that the T.1hhan's more, any right of ,elf-defence IS triggered f.1ilure to comply with its demands consti· qnly hy an armed attack by another state, tuted a "threat to international peace and or where an am1ed attack can be clearly secunty." In Resolution 1368 of September attributed to a state. So far, restrictive 12, 200 I, the Council also referred ro the interpretations of these terms have preterrorist acts themselves as a threat to vailed. In other words, while the Security international peace and security. These Council could legally act in response to the determmanons arc significant, in legal T.1lihan':. harbouring of or refusal to surrenterms, hecau~e they clear the way for der bin Laden (because they constitute Security Council measures under Chapter threats to peace and security), individual VII of the UN Charter, mcluding missions states' actions arc legal only within the to capture bin Laden and other mtlitary delihcrntely narrow limit-. of Articles 2(4) mea ures, and the delegation of such mea· and the self-defence exception. sures tO mdividual u.:-..: member~.

From a legal standpoint, then, the issue Diplomatic and other non-military mea- of evidence of bm Laden's responsihility sures having l>cen deployed without sue- and of the links that make the terrorist acts

apply

the uthhan's IS CrUCial. NATO members' tackle that request. The challenge heing recent talk of 'evidence' placed relatively nor simply to address this qucsnon b~ emphasi' on the latter link; NATO "hricfly," hm to decide whether to examine IHlncthelc~s deemed the event~ an armed the 'lt:gality' of various re~pomcs or, attack. We should indeed, their pay clo~c attention 'appropriateness.' to thi~ develop· ''Retaliation through Ultimately, the ment and ask real challenge forcible measures is quite whether rhc nor· behind the que~· mativc ~hift 1t may tion • and for unlawful. " entail is for the bet· international Ia\\ • tcr. as that the bound· aries hetween the two arc often fluid. A strict reading of international law could H avmg hccn asked by the of well lead to the conclusion that the miliUltra Vire~ to comment briefly on what an tary steps now contemplated arc illegal. "appropriate response" to the events of St:ptemhcr II might he under intemation· al law, I have mused ahout how beM to Please see "ProJ>ortional Response," page 16

simply

editor~

Immigration and Sovereignty in the Face of Terrorism

BY TL\f WILBUR

uch has been wntten since the September II attacks about imminent changes to Canada's immigration policies. Criucs of Canada's current Immigration system have used these events as an opportunity to call for

M

the hannonu m g of Canada's tmmigrtt-

1 uon, security and cu~tom.s-clt.•<JraJJ<.:e systems wlrh those of the U nrted Stares.

However, 1t may not he prudent to jump too quickly to the conclusion that the refugee and immigration 1>ystcm in Canada is mdeed failing us.

Before assessing the wisdom of these proposed changes. we should cons1der some basic facts about the September II attack. First, all perpetrators appear to have been in the U.S. on different types of non-immigrant visas.

Since the terrorists appear to be wellfunded, it makes sense for them to bnmss the cumbersome and time-con· summg refugee system in either the United States or Canada. Visas offer an easier and faster avenue to gain access to North America. In both countries, VISas .tre often 1ssued quickly to indavid· uals unhkcly to become an economic burden, 1.e., to those with an education, assets and money in the bank. The tcrronsrs appeared to have had all these tlungs.

Despite earlier media reports, 1t also docs not appear that an} of these terrort ts entered through the Canadian border. This as not to say that harder secun· ty is nor an issue. Ahmed Rcssam's plan to blow up the Los Angcle:> airport was thwarted a.t the border. However, he had also unsucccsstully tried w make two refugee cla1ms, and had eventually resorted to fake Canadian passports. Ir wa~ his .tbilit) to create fat~e documents that .tllov.eJ ham to stay in Canada, not the refugee derermmation system.

What the case of Ressam and the recent terrorism m the U.S. indacates ts n growmg need for enhanced communi·

cation betv.cen intelligence agcncac~ in Canada and the U.S. Preventing the usc of false passports and as~essing the secunry threats that visa and refugee appli· cams pose v.ould require much more funding to these agenCies. Economtc concerns should perhaps no longer be the overndmg factor when i8auiritr viaaa· r.ecurity wtll no doubt become a more pressing concern lor llllllligralion offl-

~~

15

THE LEGAL AFTERMATH OF SEPTEMBER 11TH

TH E L EGAL A F T E RM A T H O F S E PTEMB E R 11 T H

BY )l1TTA BRID.":'iEE

-----

-~

However, the fact that the September I I pcrpetrc1tors were not U.S. or Canadian citizen.5 is being u!'ed as an opportunity ro cnticizc the immigranon system in Canada as a whole.

Thankfully. the liberal government has not yet u ed this as an excuse to C11m· promise Canada's sovereignty and cede control of our immigration policy to the U.S. Congress.

The Liberal government did nor ennrely refrain from raking advantage of the attacks to push irs agenda. Bill C-11, tabled before the attacks, is now being pushed through Parliament at lightning speed despite substantial c.. ritici~m that it compromises many refugee right~.

Among other things, the new law will make 1t possable for umnigration offiCials to dewm mdivaduals at the border with lmle cv1dence of mvolvcment in terrorist actiVIties.

Instead of curtailing the nghts of genuine refugees and immigrants, the Canad1an pubhc would be better served hy a tlmdmg mcrease for its mtelligence agencies. This would allow for better communication with agencies in the U.S.. and would lessen the chance of false accusations of terrorism turning into witdl hunts.

The nghts of refugees and the indc· pendencc of Canada's immigranon sys· tcm t.m still he m;untained if rhe actlv· mcs of real terronsts arc better under· stood. ThiS understandmg will come hy tn\csting m our mtdligence agencies, and not bv sacrificmg the prorcctaons that ( anada offer~ to genuine refugees.

tion of minority or oppressed groups should not necessarily be branded as terne of the problems faced by rorists.

Conceptual dcfinitiom may also be Parliament in taking any legislative action in the fight against ter- broad enough to face agency problems. rorism is definmg the term. Although, like What is to be done when a few nutcases pornography, we know it when we see it, belonging to a legitimate organization there is no consensus on a J.Xltential con; commit acts of violence in the name of ccprual definition of terrorism, or alterna- that organization? Is the condemning of tively, on the organizations that would be such acts by the officials of the organiza· tion sufficient to avoid the tainting of the parr of a list.

The Liberal government will attempt its orgamzanon? Are organizations presumed very first comprehensive definition of ter· to exert some form of control over their rorism in an omnibus bilL to be cabled early members? Do they have a duty to audit the this week. Other measures, such as the activities of everyone they subsidize?

There may also be a temporal problem.

United Nations Suppression of Terrorism Regulations (SOR/2001-360 2 October), What are we to make of organizations that which attempts to curb terrorism financing may have engaged in or supported terror· ism in the past, but by freezing the that have now assets of organizarenounced such tions involved, ''Although, like pomography, activities? provide lists of tar· we know it when we see it, Of course, getcd organiza· comprehensive tion.

Another there is no consensus defi.rutions are not Canadian effort, the only way to Bill C-16, will pre· on a potential legislate. Lists can vent donors to also be used. The conceptual definition" such organizations problem wlth lists from obtaining tax is that the1r formu· credits, but does not contain definitions or lists. Instead, it lation entails many of the problems discussed a~ve. They may be more or less give~ rhc Canada Custom and Revenue Agency the right to peek at CSIS files in biased. For examp\e, the U.N. Supprcs~ttm

BY SIMON-). PROULX

O

l••nvin11 .,-harit;lhlc." status

ro su., pt:•ct(•d

organizations.

The conceptual definition route has already been chosen in Britain. Their definition speaks of using violence or the threat thereof in the name of a political, religious or ideological cause. The problem with such conceptual definitions is that they arc usually either too narrow or too broad. The British definition may for example catch animal rights activists or the African National Congress.

Our own House of Commons has debat· ed such problems. While Alliance mem· bers urge the adoption of a comprehensive definition without much concern for its problematic character, NDP and PC mcm· bers urge caution. Peter MacKay gave the example of Sinn Fein, the legitimate polit-.

1cal arm of a potentially terrorist organiza· tion. Bill Blaikie and Svend Robinson expressed concern more generally, urging that organizations seeking the emancipa·

ofT<.•rrori•m Regulation contnms a li:;t dwc

is thus far exclusively composed of Islamic organizations. This convemently leaves out organizations with some perceived legitimacy among groups in Canada, such as the PKK, ETA, the IRA or radical Christian or pro-life organizations.

Another problem with lists is that gov· ernment agencies such as CSIS that mon· itor terrorism have consil;rendy refused to identify the organizations they suspect, for fear of undermining their monitoring efforts and national security.

Finally, Parliament could choose not to define terrorism nor to list terrorist organi· zations. The problem would then be the amount of personal interpretative discretion left to agencies and administrative bodies enforcing ann-terrorism legislation.

How wise would it be to let some accountant at the Canada Customs and Revenue Agency decide what qualifies as terrorism?

xperience The Best ofBoth Utbrlds ...

Offering tht broad range oftxptrittrct ofa latgtfinn, with tht lumds-on approach ofa srru~Ufirm.

Contaa Ptkr C. Strruzynslti, pstrruzyns/ti@torltinllf4na.rom v.... ., ........ www.wrltinmatl6.com

1500-151 Yonge Suect, TorontO ON MSC 2W7 Tel (416) 863-1188 Toll-free (1100) 665-1555 Fax (416) 86.3-0005 E-nw1 inji>@l«<titurwna.lllffl ~ .........IMfrilt""'*'.tlllll

A Treasury of Legal Wisdom COMPn.ED BY DAN MURDOCH

First Shtnamendtnent Politically Incorrect host Bill Maher how tenuous the right of free :.pecch is in times of war. He lost sponsors and wa:. scolded by the White House press secretary for saying that, v.hatever the suiode ptlots may have been, they were not cowards.

Federal Express SIXJkespcrson John McCluskey: "There' an envaronmcnt there where words should be guarded caretully and there should be appropriate scruitivity ro circum~tancc as they exast ... I don't think freedom of speech is really at iSsue. It'~ just the nature in which free speech is used.''

Ari Flei&cher, White House press ~ccretary: "People have to watch what they say and wmch what they do."

Meanwhile, with U.S. networks accepting the government's request to limit the airing of any future broadcasts from Osama bin Laden, CBS anchor Dan Rather offered his thought< on state-controlled media.

"By nature and experience, l'm always wary when the government seeks in any way to have a hand in editorial decisions. But this is an extraordinary time."

Source: Tlte New York Times, The Globe and Mat! dL~covercJ

Court Okays Form over Substance On October 27, 1988, John Singleron borrowed $300,000 from hi~ capital account at law firm Singleton Urquhart to purchase a house. He then, OTt the same day, refinanced his capital account through a loan for the same amount minus $1,250 con· tnbuted by h1s wife. Major J. for the majority abandoned the economac purpo c doctrine and accepted Smgleton's claim that the debt was for capital creation, not for the purchase of the house, and wa~ theref<)fe cax deductible.

Pleading form O\'er ~ubstancc, the respondent'~ factum states: "I can show that the horrowcd money was not used to purchase the residence because I can trace it to a contribution to my capnal account. You arc not permitted to ignore \\hat I dad. just because I did it quickly."

Source: Dat•is and Companv, Singleton v.

Canada

When Judges Talk About Sex Pitfield J. of the B.C. Supreme Court ruled against petitioners for the recognition of same-sex marriages.

Fmding that changing the legal definition would be more than an mcremental change in the common law, he pomted to the following obstacles: · " ...a marriage not consummated by

intercourse i \'Oidable. There is no eVIdence before me as to what would consmute consummation in a gav or lcsbbn relationship . .'' · "As the law prc..<>ently stuncl~, adul· tery is hctero:,exual in nature. 1l1e concept is not freely transferable to gay amllesb1an relauonships."

Not only did Pirfield J. find agamst the penuoners, he claims that a consmunonal amendment would be necessary tor Parliament to redefine marriage, even though mam:~ge 1S not expressly defined in the 1867 Consrituuon.

"There is nothing to suggest that 'marriage,' in:;. 91 (26), was used m any context other than Its legal con· text as understood in 1867, namely, a monogamous, opposite-sex relation· :.lup. That being the case, if Parliament were to enact lcgaslation ~a)ing that 'marriage' means a rebtJonship solemnized between two persons without reference to sex, it would be attempting ro change the meanmg of the head of power and thereby unilaterally amend the Constitution."

Source: EGALE Canada Inc. "· Auomey General of C'.anada

What About the Affairs?

The Supreme Coutt overturned the ~C. Coun ~ Appea\ decmon \n '\lan de Perre v. Edwards, the child cuscody case involving former NBA player

Theodore Edwards. Ncwhurr ].A. at the OJurt of Appeal had given custod}' to Ed\\ ards, claiming a maxed-race child was better off m a Black fam•lr and community because it would be seen by society as Black.

"EliJah would m this event have a greater chance of achieving a sense of cultural belonging and identtt} and would m hi~ father have a strong role model who has succeeded in the world of professional sports."

This despite his father's three admitted exrra·marital affairs.

Bastarache J. for the Comt Jid not say race would ne\·er be a consideration in custody cases. Instead, he Stated, "racbltdcntity is hut one factor that may be considered in dercnnining personal identity" and that "without evadence, it is not possible for any court, and certainly not cl1e C'..ourt of Appeal, to make a decision ba ed on the amportance of race.''

Source· Van de R'TTe t•. Edu anls

.-

DIVERSIONS

16

·life

ULTRA VIRES

17

DIVERSIONS

16 OCTOBER 2001

Third Rock from the ROM HOR O S COPES

BY B RDIDA D IDYK

Hey Scorpio, use and abuse your sexuality

Cf

Aries (March 2 1 - April 19) Warm-hearted and ambitious, Arie~ people rend ro he horn leader~. But you can also he rude and hard·hcadcd, so make an effort to be more polite in the future. A~ a ram, you arc naturally interested in wool S\\cnter . Give in and wear them a~ frcqul!ntly as poss1ble. I pred1ct rhc \\Cather this month w1ll grow colder and colder.

Taurus (April 20 - ~fay 20) Strong and stubborn, determined and lora!. Your in~tinct tell~ )Oll w sta}' home. But ,fon'r do ir. Go out for Halloween <md have a parry! Stop being so bull-headed .111d try l111 a pus~ycar costume instead. \X'nrch our on the 30th - someone may try to grab you by the horns!

II

Gemini (May 21 - June 20) Clever and versatile hut abo two-f.1ced. Stop gos~iping alx>ut your friends behind rheir back.

It could blow up in one or both of your faces. On Halloween leave the two-headed monsrer cosrume at home and try a more honest approach.

~

C ancer (June 21 - July 22) ~ Poor Cancer, so ~cmitlve\ Break l)\\ \ o( 'l< .mr snd\ \n\s mmnh and ~top being .'o moody. Yt>11r natura/ aml11tion 11 dl gl'l }!lll f:tr chi., month - parricu/arlr where marrcrs of rhc heart arc concerned. But when you drunkenly find your true love at a parry- be Cc1fcful! or ebe you won't he the only crah around. Play safe, boys and guls.

Renowned anthropologist studies the peculiar law school community BY

Leo Ouly 23 - Aug. 22) Majestic and regal, you love to manage the people and things around you. While you may think you're the king or queen of the jungle, you need to remember rhat you're still young and you still have some kissing up to do. It would n't hurt you to grovel a little hit - e:.pecially at your OCb. Halloween rip: shake your mane and have fun - grrrrrr, baby.

Tll>

Virgo (Aug. 23- Sept. 22) Tranquil, pence-loving nnd kind.

Virgo, rou are one dull g1rl. Even worse -underneath this calm surf.1ce, you arc usually a bundle of nerves, anxious and fussy. There's only one hope for you: find a mate from one of the fire sigm (Aries, Sagittarius or Leo). He or she will really get you going and show the world what a firecracker you can be!

..n.

-

Libra (Sept. 23 - Oct. 22) Although someone w1th the scales as rheir ~ign would seem to be perfect for a life in the courtroom, you hate conflict and will do anything co avoid ic. It's no good, Libra. Face your t~ar! Stop procrastinating! Do your Moot! A little argument never hurt anybody. It's time to stop weighing the pros and cons of every issue and take action. Ask out that cutic-pic in Admin , h \ly th m new sweater at The Gap.

-1-- - - - - -- - - - - - - - - - - -- -

X'

Sagittarius (Nov. 22, D ec. 21) )agmarians rend to be lucky with money but rhis docsn't mean you have to go corporate. Sagutarians arc abo great humanitarians and very interested in human right~. Keep it real, Sagittarius! Don't aim your arrow for Bay St. if what you really want is to monitor dections in emerging democracies.

On a lighter note: thh is an excellent time for you to sign up ti·)l" saba dancing les~ons.

view of the universe in favour of a more localized model, which I've tentatively termed Flavclleccnrric. This may grow out of several diverse factor~: spending many hours of rhc day in the building; nounshing feelings of self-tmportance; or simply expressing genume passton for the law and legal studies.

FEUSSY

his is clearly my most challen!,ring fieldwork project to dare. Over the next eight monrhs, I will apply my rigorous training as a cultural anrhropolobrist to the sn1dy of a most mystenou~ communit:y (hereinafter, the 'law .-;chool'). It is my f>l!lief thar through scientific categonza· t10n and analyMs, I can shed light on the me~ and beliefs upon which this mini-soci· cry is based.

T

Subwlwre5

Methodology Capricorn (Dec. 22 - Jan 19) According to Pamela Allardice, psychic to the stars, you arc a "stickler for justice" and you "enjoy routine and detail."

Perfect for a career in .law! But watch out - you'll have to be nimble tillS month - jusr like the mountain goat you arc. The next weeks will he wild and anything but routine. If you must focus on something derailed, spend time on your Halloween costume. Go a~ Liberace - right down co the very last sequin.

Aquarius Oan. 20 - Feb. 18) Eccentric and advenrurous. Aquarius, you were always the weird one in your family and that will never change. A water-bearer who is really an air stgn, you feel caught between two worlds. Don't despair! There are others o ut there, ju 1 like you! Con ~i dc r joinmg a yo~a dass or signin~ up ti1r the law-and-granola workshop hl'inl{ hdd in till' Solarium. I helil've in you,

Aquanu~,

I l c.t lly do.

Pisces (Feb. 19 - March 20) Pamela Allardice, astrologist to the Queen Mum, tells that for you "Maritime intercsrs pre\'cnl..."

You mu~t transfer to Dalhousie immediately and take norhing hut Admiralty L'1w. Eat fish, learn to ~wim. You love to travel and are easygoing. Go with the flow, Piscc~, If will take you everywhere you want co be ...

Proportion al Response Required law: to provide clear-cut answers response to the tcrrori~t attacks.

Continued from page 14 for all cases and to control scare In the process of 'coalition buildbcha,·iour. In reality, law is a ing' that the Americans have process of claim and counter· been engaged in, it would not That saiJ, the pmcrice of :.tate:. in claun. This docs nor mean that seem thar 'any argumem goes.' If relation to the rules on the use of 'anything can be justified.' nothing else, the change in force has been such a to make Arguments arc persuasive when rhetoric over the lase few weeks is mom for the argument that nor- rhey are congruent wirh rhe ~triking. From the rhetoric of mative boundaries have shifted, exi~ting framework of nom1s, val- (illegal) reraliation agamst or arc now :.hifting. Yet more dif- ues and expectations. The task of Afghanistan, wtthout disringuish· ficult 1s the proposition rhat, inrernational ln"')·ers is to make ing (illegally) bet-ween the teralthough military measures arc principled usc of the existing rorists who committed the grievillegal, they may nonetheless be norms on the use of force·, so as to ous acts and those who har'appropriate' - legitimate in light help identify, defend, and, if nec- boured them, the emphasis has of the Circumstances. essary, recast t he boundaries of shifted to military actions focused All of these arguments will, no . response action. It is through this o n the eradication of terrorist doubt, be made. T his leads me to process tha t internation al law threats - not against Afghanistan the second assertion noted at the infl uences states. or its people - and to building a o utset - that interna tional law I have no way of proving this, lo ng-te rm international fra mehas little influence on the con- but I will assert that this is pre- work to combat rerrorism. T h e duct of states, o r can be moulded cisely the type of influence that latter, clearly, is where we sho uld to justify any chosen course of international law has exerted d irect o ur efforts. acrion. In my view, this assess· since September 11, it is helping ment is correct o nly if one asks to shape the international ]utta Bmnnee is a professor of international and environmental law. the impossible of international

W. B.

Don't Get Burned.

As parricipnnt-oh~erver, I must he careful nor co stand out. I must 'fit in'. I must be 'one of the gang' - while, from what I understand, maintaining my 'comperitive edge'. I have in consequence adopted the ·standard uniform of khaki pants and button-down shirt in muted colours. (I only hope my khakis' rather bold shade of ran docs not arouse suspicion.) Thus far I have been accepted into the "First-Year Class", and have followed the crowd through the required rites of initiation.

Enadturation The first weeks were characterized by a form of reenculturation, that is, the process of learning the norms of social behavior for thts new context. This was achieved by various means, mclud mg rites o f ~olid a rity (numerous barbeques) a nd rites of intensificat ion (inspirational lun· , ._...... u.nd a uc. h)

f:Ortu

.I1 .Z<."( J

ntllil l s, IHH..; II

as greeting superiors with an ingratiating smile and inferiors with a nod (if any· thing), are already firmly entrenched. As is, I should mention, the ritual of the 'morning coffee', upon which rhe efficient functioning of rhe society seems entircl) dependent.

Social Stmcture Thus far, the law school appears to fulfill the classic textbook definition of a closed corporate community - that is, a communi· ty which strongly emphasizes community identity and discourages oursider presence.

It is a formal bureaucratic institution, which also calls for significant institutional organization from within the student body.

The social and administrative leaders seem

Our mtrepid anthrQpologist goes undercover in the jungle called law school. very assured of their present parh. I suspect some among them are partisans of the psychic unity theory, which holds that under similar circumstances, all people w1ll think and behave in Similar ways. I have already detected some dissent to th1s vtew (see below, subcultures), and will be inrerested to note how social elites react to 'individu· ality' among subJeCts.

COMPILED BY N OAH G ITTERMAN

· l Leopard print hat OAilRISTERS

For info m1ation about opportunities for a student to learn to be an advocate see our website at www.lsrsg.com or contact Perry Hancock, Student Co-ordinator a t (41 6) 865·3092, e-mail phancock@hrsgcom SUm 2600. 130 ADUAIO£ STUn' \\'[Sf, T.-ONTO. ONTA•IO. C...NAI>A MSH lPS Tuuttotc(416) 86S·9SOO. FAC$1MJL.l (4 16) 16S·9010

VIeW

Farruly Stmcture

All in all, this first month has been very promising. I feel I am on the brink of making personal contact with th is culture and - dare I write - understanding it. And besides, I look damn fine in khakis.

Read Fettssy's ongoing observations in our next issue.

l have detected a compelling analogy between marriage categoric' ;mu subjc~:.u;' lll O ti\'.;JII t>ll S

fu r.l"C IIl!J

Ill } ; l\.\-'

SCh ool:

arranged marriage: some subjects are driven by familial and societal pressures, and feel they have no choice but to carry our rhe course expected of them (2) marriage of convenience: some subjects have been in school since pubescence (wtthout pause!), and wouldn't know what to do wirhout it.

(3) marriage for true love: some subjects are passionate about their decision; they know why they're here and find thetr life's fulfillment in its posstbilities.

Preliminary research indicates these to be minority cases.

(1)

\!'' "'~ .... \olllliDilU.

Be.

BLG.

Iconography

At Borden Ladner Gervais, we believe in leadership and excellence for

The ruling icon is 'Bora's H ead', a metal strucru re around which all members of the

those we serve- from local start-ups to national and international clients. We also believe in truly enjoying what we do.

Our student programs are based on these beliefs. You will work directly

A complete list of items in the Bora Laskin Law Library Lose and Found box as ofOctober 14, 2001:

LFNCZNER SLAGHT ROYCE SMITH GRIFFIN

\X~rld

Some members of the law school society seem to have abandoned the heliocentric

Lost and Found

Read UV.

society have been known to gather and exchange wisdoms. The pictorial representation of another head, that of Pierre Trudeau, is located nearby, although accorded less Importance in subjects' daily rituals. The sacred text, k nown as the "Charter", is referred to in hallowed tones.

There nrc various sul>cultures comprised of individuals who have 'oprcd our' of' the maimtream of Ia" ,chool sociery. They appear to have fom1ed nerwork to one another, and, in certain cases, 'clubs', in order to create niches for rhemseh-c~ and their peers. On more than one occasion, I have heard the elder subjecrs speak llhaving been "one step out the dom" of the school before having found the company of hkeminded people. Must follow up on the followmg questions: How do these subcultures negotiate with the dominant culture!

Do they feel their identities have been compromised?

· 4 toques · 1 Adidas baseball cap · 2 Bora Laskin Library coffee mugs · 1 pair of pants · I pair of 'Lower Eastside' burgundy leather pumps, size 6 Y2 · l gray fleece • I Trent University fleece • I pair of earmuffs · 2 fuzzy headbands · 1 umbrella case • · I makeup ca~e

· I 'Anne Klein II' wool jacket with padded shoulders · 1 pencil case containing 1 wooden pen cil, 2 mechanical pencils, 6 pens, an eraser, and a small piece of paper with a phone number and an address on Bloor St. W. near High Park sration • L glasses case • L hair elastic · 1 leather bracelet · lO complete pairs of wool or cocton mites and gloves · 2 complete pairs of suede gloves · 4 single wool or cotton mitts and gloves · 1 single leather glove

with our team on projects for our full range of clients.

We want to learn and grow -we want to learn and grow with you.

Contact us.

You can be. Or you can BlG.

Borden Ladner Gervais llP t..lwyers • Pattnt & Trade-mark Agents Avocats • Agents de brevets et de marques de commerce

Calgary (403) 232-9500 Montreal (514) 879-1212 Ottawa (613) 237-5160 Toronto (416) 367-6000 Vancouver (604) 687·5744 www.blgcanada.com

Read UV.

BORDEN LADNER GERVAIS

Be Bold.

{

18

D IVE R S IONS

UVReview Soon on DVD: Deep Cover on Bay Street

BY STEPHEN PARKS

A\•a1lable soon fi)r rental, thl' premiere of a thrilling new drama. The story of a young man in so far that he no longer knows\\ hat stdl' he'~ on. At U ofT Faculry of Law, Canada's clue naming ground for lawyers, a ~ecret fiKulty committl'e select:; SmniC}' (fll), a prombing new rl·~ruit "ho ha~ risen srcadilr through the ranb to third }'l'ar. The- assignment: infiltrate Bar Srreer.

Stanler, eager to do his duty and to prm·e him elf to his superiors, an:cpt:>. Little dol's he know ho" manr agents hll\ e been lost on the path he is about to travel. Fallen agents ~uch as his mentor, who sl.'duce~ Stanle}' and weaves a \n•b of hilling, engulf the young man.

Stanlcy, adrift from his home at U of1: loses hi~ girlfriend an,! pa}'s offhis parents. Too !arc, he unco\·cr~ hmts ofa conspirncr that links the school and the street. But 11r then he's got hhxxl on hi:s hands and would have to risk all he has left to rl'turn to the light.

Don't miss the climactic bartle with the dean, directed by legendary fight choreographer Yuen "Back-end Debt Rehcf' ~ho-Ping.

Fort Flavelle BY }ACOB GLICK & FRIENDS

n,e new Rowe\\ Room couches arc perfect for building pillow fort~. Although designs vary, and construction will probably run behind ~chedu\e, here i:; a suggc~ted list of ~tuff to l\o in your completed p\ush p1\low playhouse: . btt • p\ay wah your do\h - Jude • wresr/e and other homoerotic stuff - sll'ep ·make-our • refuse to come down for dinner - read with a flashlight • make a fort comtttuuon (only applicable for big nerds) • ~mokc dope

Law students sing the hits BY }ACOB Guo,

& FRIE~ns

ULTRA VIRES

More Not--So--Real News From Around the Law School

Piercin v. Poste, 4 Paines Report 911 (Ont. Supren1e Court 2001)

BY BERNINA BlTIT

11us was an acuon at nu1sance and rrespass on the case·mitiatcd 111 an lllJU,ttec:'s (.0Urt, hv the lat· ter-Jay plaintiff agmnst the b}gonc defendant. The dedamtkll1 declared dt::lt P1ercm, bc.:ing m command of certain texts and chalks, did, "upon a certam \\-ild and uninhahncd. unposse~sed and wasted land called the cl<tSS• room, pmpomt and fixate one ot thllSe noxious bca5ts called a student." and \dubr there tnstruct· ing, engagmg und htnml1Mmg the same with h1s clarifications and hrpotheticals, und when in ~·icw thereof: Poste, a fellow stucknt, well kno\\-ing the nnprl'o;sionahlc mind wa~ so hunted and pursued, did, in sight and earshot of Piercin, to prevent his enthralling the same, divert and carry tts attention away. A verdict h.wmg been delivered for the defendant below, the plaintiff there sued that the declaration and the matters m law therein contained were suffietcnt m interest and consequence to maintain an audience.

C HUMPKtNS }. de\weu:d ~he op inion o f the courr T he que.,. tion presemed br the coun~el in this cause for our delibcrarion 1s,

whether Lud\\ tg Picrcm, by the pursuit wtth his chalks in the demeanour alleged in his statement, procured such a nght to, or property m, the studl'nt as \\til su~tam an al.':tion agamst Po tc for d1strac.tu1g and mmsportmg htm a\\ a> to a land outstdc the legal realm.

• Counsel on both ~ide~ present·

ed bomba~tiC arguments \\ 1th much al-1ility. It ts cag1ly agreed that a student is an aninul ferae naturae nnd that property in such animals is as,umcd b) occupancv only. These concessions centre the debate on the contestable question of what ,Jets constitute ot.:c.upancy, npphed to Jcquuing right to unruly ammals.

After extensive consideranon of tenets touted by ancient notables, we agree thJt corporal c<~p· turc t$ not tantamount to posse ston of unruly creature:.. Rlglu to wtld and boNeroLL~ :savages is cstabltshcd by means of thc mental woundmg and mfiltration that make evident an unambiguous intention of appropriatmg the creature to persl)nal u:se - in this case, the legal community's use.

Possession is further evidenced b)' the entrapment of the said beasts in a web of legalese, and the deprivauon of thetr natural tendency to engage m erroneous rattoctnation. We arc inclmed and no less liable to define possession or occupancy of orgamsms terae naturae in accordance with the aforementioned conception.

The respon dent':; bch avtuu r was in t h is in stance produ<..:tivc ot •nj u ry ro

rl•~·

tlppdlo nr, and ro

the legal commumty at large, in that, although the student cannor to be sa1d to he d1rectly responsible tor Its bcsnal tendenCies, the student's perfom1ancc will ulumatcly be re.ld as a reflccnon of Its breeding and em tronment, and \\til be felt m the depreciated value gamed on the market by its brccdt.!r for th1s commodity. We are of the estimation the judgment below ought to

LIV!l\USTONE, J. ·The court's judgnwnt ts at odd~ with my opin1on. This i:. indeed a thorny issue, and c.ould be tcadih rc~olved not by re~orting to ancient doctrines, but by consultmg the conception~ of common folk. There is widl'spread consensus that a fir,.,t-year law ~tudent is .1 wild and noxious beast. His projt•cted depredations on victims and on laymen. have not been forgiven: and to put him to death whcre\·er found, is agreed to he meritorious, and of public benefit.

Hence it lc>llows. thar it is a tc>regonc conclu~ion that the court should promote the greatest posstble encouragement to the distraction of the animalm training, Sl> cunning and ruthless in his career.

Further, finding the respondent's counsel (composed entirely of Postc- m self-representation) inordinately convincing, I am of the mind that property m animals ferae naturae must necessarily only bt· acquired through physical capture. lt lS evident that this is dc,uly a case of m tellcctual property, whcrcm the beast's p yche un~.l n o t (r ,uue ut r ..en1oved,

••w:! •

such, Piercm can st,He no clatm, as the hcHSt can only he appropriated by :mothl'r of ltke nund, viz., one of the same community of beasts. As such, the solidanty of saucy mtruders is to be advant.:ed, it on I} to facilnate the distraction and destruction ot this collecti\·e menace. fhc original judgmcm consequently warrants, in my fmdmg, affirm;Jtion

Dean stops the Madness

Third-Year MIX Taf>e

·Courage • Under Pressure · I Will Survive • Fight the Power - Into the Fire

• Money (fhat's What I Want) • Stay (Wasting Time) - If I Had $1 ,000,000 • Living In America - Material Girl • Battle of Who Could Care

~HELP!

Less

Denied by Merril BY }ACOB GUCK

& PAULINI R OSEBAUM

Continued fram page 20

• Dan Murdoch

Student trapped in locker room Nicky (I) was trapped for an agonizing six hours in a narrow corridor between the first-year lockers last week. Passer:sby did not try to dislodge the student, for fear of compounding the problem with multiple entrapments. It is not known how Ntcky got herself into ~uch a predicament, but onlookers say it was bound to happen.

-~- Nicky's lockcrmntc suspects that her c assmate accidentally sneezed.

Smcc tht• attacks began, Students'

L1w Society President BcnJie Sluncwald bas enjored an unprecedented surge in popularity among stc~ff and students.

Even the administration, overcommg months of h1partisJnslup, is rallying behind thl' Pres1dent.

"Bcnjte Shinewald is my oommandcrin-duef," asserted Dean Ron Damels m a recem press conference.

In a dramatic and symbolic move, Slunewald has adopted his 110m de guerre 'PBS' for as long as the ladyhus;: threat still extsts. He has been uneqmvocal m hts condcnmation of the method:. and aims of tht' ladybugs.

"We're right~ and the ladybugs arc wrong," he statl'd. "This 1s o battle hetv.een human civilization and little, flying imects. We have a sn} ing from where f come from back m Winnipeg 'get<>ffmc you stupid bug."'

The SLS has bunched operation Eternal Righteousness to combat the bugs. Some swdenrs, howe" er, are unsure of what the SLS hopes to accomplish. No one is really ccrtnin why the

"She's been having explosive ones owing to her cold." Offering nothing by way of commtseration, ~he aducd that this wH~ o n e n u U.ancc coo many. '" "lo have co

lad~bugs have been landing on students

in such great numbers, or what exactly the 'bugs' hope to a\:hievc- with thc1r hurtful and brazen acts.

Students who have attempted to shO\\ some ~ympat hy for tht red in ccts, and for the fact that the~ v.tll probably all du.' when the tcm~rarurc drops, have been harshly cntidzed.

"Students, swff and faculty must watch what they sa~ and do," stnted a joint Sl..S/AdmintStration press release.

"These so-called 'lad~ bugs' Jre 'lnythtng but ladylike. They will keep boding on our eycs and forearms unless we arc vigIlant. Neither the ladybug:s, nor those who thmk they arc cute, w:tll be tolerat-

•

fl1ere has been a hb ory of tenMon and ~trife between ~tudents and vanous wildlife around the school. Llst year, violence raged as aggres~tve squtrrcls and pigcofl;) battled it out with :.rudent~ for the usc of the front porch of Aavelle.

The confhct "as apparently touched oft when a deranged and aggr~1ve sqmr, rei, acting alone, ran up and grabbed Adam's (Ill) pant leg \\ lthout warning in the summer after hts first ~car.

decipher the profs lecture over her con· stant hacking and wheezing, and now this\ l can't even get tom'{ water bott\e\" Some even .say .she deserved 1t. "I mean,

& VINEBERG

LLP

Widely regarded as Canada's leading business law firm

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.

•

If you

thrive on challenge, are eager to learn from the best and quickly want to p lay a central role in our clients' business transactions, commercia/ litigation or other matters ...

Davies is a great place to work!

For information on our articling and summer student programs, check us out at www.dwpv.com or contact:

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

Frances Mahil Director, Student Affairs 41 6.367.6966 finahil@dwpv .com

Contact: R. Scott Whitley (416) 307-4071

swhitletj®langmichener.ca For more information about our student programs, please visit

www.langmichener.ca

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

-Bemina Butt

Toronto • Montreal • New York • Beij ing • Paris

BARRISTERS & SOLICITORS • PATENT & TRADE MARK AGENTS

TORONTO

if you're smart enough to get into U ofT, one should think you'd know better than to attempt using your locker. My mentor told me it's a rest to weed our the unde~ir­ ables," claimed one student requesting anonymity. "It is logical to conclude they put the dumb ones together; both tho~e girls have been using that locker religiously. I think they've even decorated it."

Nicky was left to langUish after witnesses rushed off to class. She v.':l~ later found blanched, sweating, and pouring over her Civil Procedure textbook hy a member of the CU~todia( Staff who cent her on her way with a couple of forceful prods of her hroomstick.

cJ.u

DAVIES WARD PHILLIPS

Lang Michener

The following are subject lines from messages that did not get ~cnt out on the listserv last month: ·Jacob, lunch next Tuesday? .. Paulme ·Who is Patrick Macklem!

• Pauline, meet at Ned's. --Jacob • Bookstore open yesterday from lO:OJAM - 10:07 AM . ocr signups tomorrow • wristband policy in effect

Renewed tensions between school and its wildlife

In a dramatic policy shift, the Administration has replaced Dean's Donut Madness with the Dean's Bagel Break, to be held this mommg.

A:, usual, SI..S Prez Bcnjic Shinewald is upset. "We've been expecting some sort of Madness since September. And all we get is this bagel nonsense? Students were not adequately comulted."

The Administration stands behind its Jec1s1on. "We were concerned that last year's Madness may have had a negative impact upon the ill-fated class of 2003," said Dean Ron D. "Rather than hand out sugary donuts in a wild, unconrrollable ~et­ ting, we'ye decided to distribute nutritious bagels in a professional and orderly fashion."

In order to help you study, Ultra Vires suggest!> the following ~ong~ for mix rapes.

Fir~t-Year Mu TaJ~e

19

DIVERSIONS

16 OCTOBER 2001

OTTAWA

DIVERSIONS

20

ULTRA VIRES

Ultra News: Not--So--Real News From Around the Law School Furniture to be covered in plastic

Cooler weather has brought relief to Rave review~ greeted the renovated dozens oflaw students who have experiRowell Room at last month's unve11ing. enced unwarranted and frankly disturbThe open space, natural light and mosaic ing nttacks by maraudmg swarms of tloor were all big hits. Students have been cure, brightly coloured ladybugs in particularly excited by the addition of the recent weeks. new plush couches.

Because of the massive numbers of However, the administration worries ladybugs landing on innocent students, that students like theses couches too the green space around the law school much. In an interview with Ultra Vires, has became almost unusable.

Dean Ron D revealed Ius Rowell Room "A ladybug landed on my eye," noted protection plan. "We're gomg to cover the Stanley (III), one of the first victims of couches in plastic. That'll shield them the attacks. l freaked, and ran back from errant gummy-bears and spilled inside." larres. The idea came to me last week when I was visiting the Baycrest Please see ''Rene«'ed tensions," page 19.

Retirement Home."

Dean Ron D is apparently willing to compromise with student leaders who was like, 'the law is the law and stuff.' At want unfettered access to the couches, first l thought he was pretty smart - at least agreeing to rake the plastic off when com- that's what everyone said. But the more I pany comes over. listened the more it sounded like he was on ·Jacob Glick drug~. I mean honestly, who doesn't think the law is shaped by historical circumstance? Well, the next thing I knew I looked up and he was buck naked."

An apologetic Professor Weinrib admitted his fault. "I just forgot to get dressed Stanley (Ill) was surprised in Restitution that morning because I was thinking about last week to find Professor Ernie Weinrib Latin and other smart-guy stuff. Normally no one notices when I'm naked, they just naked.

"He was talking about ancient Rome nod approvmgly and ask for my autoand ~tuff," said a distraught Stan\ey, "he graph." - Jacob Glick

Ernie Weinrib has no clothes

·-

Students the victims of vicious ladybugs

dents can eat the equivalent of two meals a week at the law school by crashing various receptions. Further, students don't have to spend money on yo-yos, squeeze balls, highlighters and other assorted tchotchkes - an esnrnated savings of tens of dollars.

-Jacob Gltek & Vaino Paysa

Third--year nostalgic about law school

Administration improves financial access In a dramatic policy shift, the administration revealed its plans to reduce the amount of financial aid available in order to account for all the free stuff students receive.

"Students are always bitching about tuition," explained Dean Ron D. "We want them to know about the valuable free stuff they get by coming here."

The aJministration estimates that stu·

At least one third-year is already nostalgic about his time at law school, leading experts to think that there could be many more just like him.

Paul (III) was sitting at the Duke, drinking beer with some law school acquaintances, when he unexpectedly blurted out, "Ah, I remember first year ... " and became lost m hts own personal reverie.

Nostalgia expert Louise Russell, reached at her home m C'llifomia, explained that being nostalgic about something that has not yet finished is unusual. However, she noted that third years arc in a unique situation.

"G1ven the level of boredom and listlessness among third years, the amount of televiston they are now watching, and the fact that they a re deeply questioning their own career choices, nostalgic sentiments are perhaps to be expected."

-Noah Gittemlan