Ultra Vires Vol 3 Issue 5 2002 Feb

THE STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

VOLU~E 3, ISSUE 5

•

FEBRUARY 12, 2002

• www.law.utoronto.cajultravires

Five-year plan includes concessions on accessibility Faculty council to vote on the report on Wednesday

BY DAVID KOLINSKY AND TIM WILBUR ,\fter sigruficam changes, the task force on the faculty's five-year plan has approved a final draft of its report. The document 1s expec~ed to_, be voted through b) faculty council on \Xednesday. lr will then be passed on to the Universt:y of Toronto's provost for final approval.

1\ll members of the task force have signed on to the plan, except for Professor .\1~ ha Shaffer and third-p.:ar srudem Jacob Ghck. Shaffer and Glick have writttn a joint dis ent which is appended to the report.

Students' Law Society President Benjie 'ihmtwald, although approving most of the pi n, has attached a concurrence contaimng a number of reservations.

The report, mcluding the dissent and reservations, is avaiL1ble on the law library's e-legal website.

Changes to the draft report came after extensive negotiaoons with mam student and faculty represcntatiws at thl•l;w school.

"Civen the context 111 which we had to \\."'rk, I'm proud of the changes that we , sttucd .. }unCW'iitld.

Shtnew:~ld cites the establishment of a

committee dedicated to moniroring and reviewing the faculty's accessibility performance as one of a number of maJor changes to the ongmal plan. The new com mittee will also draft the terms of a yearly indcpendem survey of the school's progress in maintaining and incn:asing accessibility. '' \ key win for the students is that the dean IS required to consult w1th the student caucus about the appointment of the chm of this new committee. That is a sea-change in procedural accountability," Shinewald stated.

Other major changes in the document mclude commitments on diversity (sec Dtverstt}, p. 4), a new .\borigmal bursary program, and stated goals for Improving the culture and atmosphere at the law school.

The plan still recommends that $1.7 million be set aside for faculty salary increases, and that tuition rise to $22,000 over the next five years.

Even wtth the changes, Shaffer and Glick did not support the final draft.

"I don't think these arc meaningful concessions," Glick stated. 'The plan is still bad."

PLEASE SEE wOPENNESS ,~ P4 MORENEWS AND COMMENT ON PLAN, P4-5

Police look on as chanting srudents protest tuition increases a t Flavelle H o use on the Feb. 6 D ay of Action .

Committee to propose greater restrictions on recruitment Student leaders happier with the status quo

BY SIMREN DESAI \fter consulting with students at two sepa rate focus groups over the last two weeks, the Career Services and Recruitment Committee 1s set to table two alternative proposals wtth respect to the future of the law school's policy on recruitment activity.

The first would entail the initiation of collccnve action auned at extending blackout periods for first-year students at Ontario schools and McGill. The second is a maintenance of the status quo.

SLS President Benjie Shrncwald con firmed that he is the only comminee member who will support the status quo when the proposals are brought to faculty council.

The rest of the committee is expected to support collective acoon to increase restncnons on recruiting.

"We're not trying to be a fascist state. The measures are not meant to be prohibitive, they're meant to carve out appropriate times for recruiting."

- Bonnie Goldberg A third option, unilateral action by U of T, was scrapped after widespread negative reaction by students. The collective action proposal has also been scaled back to extend rcstncoons only to first year. Under this optton, first·year students would be unable to attend open houses, seminars, or any other off-campus events sponsored and anended by lawyers until after first·year

recruitment at the end of February. The restrictions would not affect scholastic extra-curricular acti\ities like trial advocacy and client counselling.

Shinewald feels that his support for the

PLEASE SEE wcOLLECTIVE ACTION , ~ P2

UVINDEX • • • • • •

ACADEMIC PLAN NEWS, p4-5 TEA WITH SAMER, p6 AlTERNAnvE CAREERS, p9 FEATURE: GET A LIFE, pl0-11 VALENTINE'S DAY, p16-17 PROF AID, p19

CASSELS BROCK & BLACKWELLLLP Barristers & Solicitors • Trade Mark Agents

www.casselsbrock.com

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

NEWS

2

UV Briefs BYTIM WILBUR, DAN MURDOCH AND NOAH GITTERMAN

Faculty council allows press access Despue some opposmon at rh~ Ia\,. school, f.,culr} counc1l has decided to nllo~· repo rters to come to irs meetings on the academic plan. \ ftcr a meeting to d1 ctt s the poltg, faculty counctl decided on Jan. 25 that onl} the subsequent Monda) sesston l.\ould be closed w the press. \U other mecnngs on the acadc mtc pbn \nil be open \Iter approaching the law ~chool m Janttar} to asl. about nucndmg facull} council meeungs, ' auonal Post reporter Sarah ::,dunidr was surpnsed ro fmd that "there was no pohcy that set boundaacs nbout the questron of opcnne:.~ at thc'c rm:ecings." ~he added, "1 was surpnscd to ht.-ar that rh, govcrnmg bod) at a public m~rituuon would bar acccss to tht• media." ~d1m 1 dt pomts tJ\.It that, ap.lrl from Vt'r}' spc· cific CU"cumstancc:;, ~unilar bodtes, indudmg the Umvcnmy of 1hronto's gm·eming council, allo\\' reporters at mcetin!,"S. "They can't just go in-camera <.> n a whim."

Professor \rnold \\~cinrib, who votn-1 to allo\\ reporters at these meetings. docs nor think thetr presence \\ill pose much of a problem. "1 don't think there is 11 particularly negam·e effect. Meetings aren't grt.'Dt m general, I don't think ha\'ing n.'Porters rherc makes it an) \\ orsc."

Michael Valp), a reporter for The Globe and ~fat! \\ho attended a facult) council mcenng last \\cek, also pmms out that barring press access may just mcrea~c mtcrc~t in the tSsuc. "\\'c arc al\\.'ll)'S more mtereHed 1n something we arc not allr1·wet\ mt<l:'

U ofT wins advocacy competition \.dnana Ametrano and Anna ~1amson, rcprc~enung the U of T faculty of Ia\\·, \\o'On this yt-ar's Amup Cup. The \ mup Cup, held in honour of ~lr. Justice \rnup, Is an admcacy compcntion \\.;th partiopants &om all Ontario law schools.

U of T team t-arncd very posiove J:C\1C\\."S. The panel of Judges commented rh3t their closmg arguments were "mesmerizing," and one volunteer witness menooncd bemg "crushed" by the cross-examination. \mettano and Marrison wil move on to the Sr1pinka ( :ttp, the nationalru.hocacy comperirion in Onawa on :'\lar. 7-8.

·nw

Collective action best way to change recruiting rules, says committee CONTINUED FROM "COMMIITEE," Pl status ~uo is conststent with the maJority of sn1dcnt news at the school. " I haw hl-anl ovcr and m·cr aga1n from stu· dents on the right and students on the left and students from :til ) l'ars that they !inJ the other option to be pater· nalistic."

Commmce member and second-year student Claire llunter disagrees. "I understand studcnts arc adults," she said. But ·he added that, " I saw in my fiN semester of first year the problem of recruitment fever taking ova [whcnj time woukl ha,-e been bcncr spent focusing on schooL" Hunrer thinks the collective actic?n proposal can prevent students from being "herded into a hysteria over JObs." The ftrst focus group consisted of members selected by thc comminee to rcprcsent the general studcnt body. The majoril)• at this session supported collccti\'e action O\'cr the status quo. "] would say go with collective action because I wouldn't want o ur srudcnrs to be disadvantageJ," saiJ first year student Josh Patterson.

Dawnis Kennedy, in her second year, expliculy con· demncd first-year contact with firms. "During my onentation, all the lawyers hanging around and f11m presence really freaked me out. I really felt the stress."

The mood at the second focus group, attended b) select srudent leaders, was markedly different. The leaders reject· ed further restrictions on contact with firms in favour of the starus quo by a margin of rwo ro o ne.

"I'm wondering what the deficiencies arc \\.1th the status quo this year," said faculty council member ~can Keating.

"During my orientation, all the lawyers hanging around and firm presence really freaked me out.

I really felt the stress."

- Dawnis Kennedy "'I~"' representative Karen Park had similar concerns. " I th111k tt's too broad an assumption to say tlut stuJents arc suffering anxiety because of this or that causl". I rhuik we need to determine the specific causes of anxiel)· or stress before asserting the existence of gcneral systcmic problems."

Asststant Dean Bonme Goldberg, co-chair of the comnuttce and chatr of the focus group sessions, reJected accusations of paternalism. "\Xc're not trpng to be a fascist state. !The measures arcj not meant to be prohibitive, [they're] meant to carve out appropnate times for recruiting."

Go!Jberg contended that in her capacity as \ ssistant Dean of Career Scrnccs she has a vantage point with respect to these tssues that 1s not shared by the srudent body. "There arc student~ who despite outward appearance and full participation, feel uncomfortable and burdened by certain events. You might not sec it, but we do."

The rwo final options are currently scheduled to be presented to facull)- councrl for debate on Feb. 13.

Sweet 'n' Lowdown Swul

Press coverage -

\'{bat didn't change in the ftve-year plan.

no such thing as bad publicity!

Press coverage

l ·rcnch roast three times a week- that's a lot of egg.

Tuition protesten; at the school- good, old-fashioned activism, ya hear!

Thank you, professors, for sacrificing so much for the sake of our learning.

Reading week -

Lou.·down

Changes to the five year plan.

away &om law school, law students, the fiYe·y<.:ar plan ... \\Inter Olympics Receptions - lots of free food

Pancakes -

no s uch thmg as har.l puhltciry?

NEWS

12 FEBRUARY 2002

3

Students' frustration grows over wait for IHRP Director Administration hopes human rights position will be filled soon

BY JENNIFER STONE T he selection process for a full ttmc International I Iuman Rtghts Program Dtrcctor is "far along," satd \ ssistant Dean Lois Chtang, and she hopes thts pos1oon will be filled "soon."

The on-going vacancy of the posicion has frustrated many students with an interest tn international human rights law. There is a clear interest in this area, demonstrated by the large turnout for the student-run poverl} law conference held Feb. 1-3 at Metro Hall.

Many law students were sold on U of T because of the IHRP. "That's a btg reason 1 came," satd thirJyear student Pauline Rosenbaum. "The last full tunc director of the J HRP left 28 months ago, and since then we keep hcanng they're going to replace her 'soon'."

First year student Hannah Entwisle also said the IHRP \vas a major draw for coming to this schooL ' '\Vhen I came to [visit the school] in March, l got the impresston the human rights program was much more of a centerpiece than it is. It's small now but has ~o much potential to gro\\:" Professor Rebecca Cook established the lf IRP some thirteen rears ago. It was inicialh concctvcd to facilitate student summer intt.rnshtps With human nghts organizations. Smcc that time, second-year student~ have haJ opportunities to spend ten weeks '"---"'~""'''""'.i"""th orhranizations spectahzmg 10 human ngllls, paod f(,.- either b} t h e law t:,cult} or by

a law fum. This will mark the second year that first-year students can subnut proposals for summer internships as well.

Beyond the internship program, the IHRP also supports the Rwanda Working Group and a Working Group on SocioEconomic Rtghts, projects that are currently awaiting new direction. The Bangkok Working Group (now the Thatland Students' Working Group) has largely shifted to Pro Bono leadership.

Srudents believe the IHRP has the potennal to develop manr irutiatives 111 addition to surruner internships to give students experi-

new director will play a larger leadership role than ever before- and it may mclude a small amount of teaching. The director would lead initiauvcs for students to work on internauonal and domestic human rights law coalitions and, ideally, would also teach a semmar class on internanonal advocacy possibly tn conjunction with Professor Morgan's test case litiganon course. \ !though she would not gtve details about the applicant~, Chiang admits the person the} are seeking tO fill this role will have to be outstanding. The new director will be a lawyer with a ncrwork of international contacts to promote the student internship program and build working group partner· ships. She or he will be an experienced advocate and, most importantly, an accomplished fundratser.

"Fundraising and grant development will be a large part of the job," said Chtang.

1t is unclear whether specific funding Wlll be set aside for this program in the five year plan. One item in the plan is an internaoon al placement coordinator who will assist with internship placements and exchange placements. However, Chtang asserted that ence in international human rights law while the draft plan does not include all Jctails of they arc in schooL "Dtrected leadership of the facult)· budget. In addition to funds the the IHRP IS needed to fulfill the potential of new director will bong in, there will ab.o be what has already been starteJ," said fm;t- a dedicated salary for the dtrcctor and an scar student \lex D osman. as~i:>tant, a~ wel\ as programmmg and (.hiang agrees, and said the atlmini~tra· mtcrnship budgcong. \'\'hen '.\skcu i.£ tt ,,,-i.\\ be posMh\c to find tion i~ lookmg for candidates Wllh :\ strntc· scsscs a\\ \h · e ou •ht gtc vtsmn for the program. lt is not an 1\C:\· a L"lmdtdatc. who

"Directed leadership of the IHRP is needed to fulfill the potential of what has already been started" - Alex Dosman

to organize mternships and fundraise, Chiang pomted out that there was a long and arduous search for the new Dl~'-1 Execunve Director. They found a fit tn Judtth McCormack, whose job is alse> multifaceted.

"It was worth the wait," said Chiang.

Read it.

Write for it.

uv.

416-946-7684 ultra .vires@utoronto.ca

ro

c.lc.:nut• llpfl<>JntnJC.·nr. sl •c

srre:uu~d. bur

rite

1tficr &.JtUIJJIJC:U.IOIHt~ MIJd '\\. Ju, v.-,1/ u/

U

"'

If~

not enough egg.

Good, old-fashtoned activism- who were those people 111 our school? And why were ther yelling at us?

D AVIES WARD PHILLIPS

Really. We mean it (don't we?).

Reading week extended paper

& VINEBERG LLP

probably time to get started on that

Toronto • Montreal • New York • Beijing • Paris

\V111ter Receptions -

what happened to manners?

Widely regarded as Canada's leading business law firm

Lang Michener

Still no date for convocation \s thtrd·)Cllr snrdems head into the Sl·cond half of thctr final semester, there 1S ~nll no offioal dare set for the Ia~· school''i conn>cation.

Conmcauon dates arc set centrally by the Uni\crsii}· of 1bronto administration, but so far no dares for 5pring 2002 have been decided upon. Citra Vtrcs has learned from unofficial ~ources, however, that com-ocanon will he on June 12.

The fact that there is no contirmed date so late in the) car has caused problems for a numhcT of students \\ ho arc tr} tng to organize the attendance of their famIly or friends, or \\ ho are planmng other signific.tnl cvems this spring. ,\lost other uni\'t~rsicic:- haw their spring convocation dates set \\ell in ad,·ancc of second

ULTRA VIRES

BARRISTERS & SOLICITORS • PATENT & TRADE MARK AGENTS

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

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

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

Contact: R. Scott Whitley (416) 307-4071 swhitley@langmichener.ca

~cmcster.

~1 $ Vice-President Alha Sandre has noticed :;ignifi· cant concern among stuJcnt~- · "Lots of people have been asking aiJout it," she said.

VANCOUVER

For information on our articling and summer student programs, check us out at www.dwpv.com or contact: Frances Mahil D irector, Student Affairs 4 16.367.6966 fmahil@dwpv .com 44TH Floor 1 First Canadian Place Toronto Canada MSX 1B1 Telephone: 416.863 .0900 Fax: 416.863 .087 1

For more information about our student programs, please visit www.langmichener.ca TORONTO

thrive on challenge, are eager to learn from the b~st ~~d ~uickly want to play a central role in our clients' business transactions, commerczallztzgatzon or other matters ··· Davies is a great place to work!

If you

OTTAWA

NEWS

6

Chief Justice Mclachlin upbeat despite bad tea

BY SAMER MUSCATI seems that every 10b ha~ its occupanonal hazanl·, e\·en if }Ou'rc thl· Chil f Justice of the Suprc:rne Court of Canada. It~., bad enough that the usually fashion a\-"V) Heverly McLachlin looks like Santa Claus \\henever she dons her scarkt C'-'fCmonial rolx-s, but the stifling heat from the outfit can make it difficulr to concentrate.

"It's like dressing up m a parka," McLachlin sa} , cxplam.ing that the heat is trapped under the hea\'}' wool cape that engulfs tht· huge coat. ;\s far as she can rell, the fur- which trims and lines the .inferno - 1s real. "I'm not an expert in furs but It :;ccms to me that it's like mmk," she says, noting that animal actn:ists have not yet complained. ''ft's ccwunly not rabbit, and J don't think us ermme all} more, but when that change happened I don't know."

The outfit she's wt.'aring today, a trendy oystcr-coloun:J su.it, is a world removed from those robes. 1bc imageconscious .McLachhn and her 5napp) \lrardmbc have come to sene as a poignant metaphor for what the Supreme Court has become \\ith her at the hl'lm: a lot more savvy, polished and pnhaps a little more in tunc with the pu,)hc.

I

ULTRA VIRES

ULTRA VIRES

The image-conscious Mclachlin has come to serve as a poignant metaphor for what the Supreme Court has become with her at the helm: a lot more sawy, polished and perhaps a little more in tune with the public.

She is a u·oman on the go; on a twoday vtslt to the !au· school, her tight schedule (whtch mcludes a speech, hmch with students and lounging \\1th faculty) doesn't allow for a one-on-one lunch at Nt:d's Cafe. She docs, however, agree ro a 45-nunute tea in Falconer llall, only to arrive half-an-hour late -with her husband and the RCMl~ She apologizes, and I pour her mint tea courtesy of the law school administrauon (or what I thought was m.int rca -but more on that later). \Xith less than 15 nunutcs tn conduct our chat, we dispense wuh the small talk and go nght to business with some serious, harJ hitting (jUCSODOS. lias she ever fallen asleep Juring a case? "I'm not answering that!" she says with a loud, infectious laugh. "But someiuncs one's eyes do get heavy toward 2:30 in the afternoon. But in recent years I try to make it a point to get lots and lots of sleep."

I soon ftgurc out that "lots of sk-cp" means something entirely different for

U ofT plan a catalyst for Western Canadian law schools

BY KEVIN TOYNE

Wanna be part of the best little legal publication in the country?

Ultra Vires is accepting applications for the following masthead positions for the next academic year: Editor-in-chief News (University Affairs} News (Student Affairs} Features Editorial & Opinion legal Issues

Diversions Production Manager Advertising Manager Busines Manager Copy Editor Online Editor

Applicants for news, features, editorial & opinion, diversions, and editorin-chief must have contributed to UV during the past school year.

McLnchlin than for an unmotivated third-year law stulknt. She IS tlp evcry morning at 7 a.m., u~tlking her I..nbrodor rc.:tnc' c..rs. gcctmg .1s much cxcn.i se and fresh air as she can.

McLachlin spends \\hat little span· time he has judicious!} She hikes and slds at ht"r cottage in the Gatincau Hills JUSt outstdc of Ottawa on weekend:-..

She watches little 1V, and when -;he docs, counroom drnnus d on't make thl· cut 1be one or t\\'O episodes of Lm· and Ordtr she has seen have left her unfulftllcd, perhaps even wanttng. ''1 thtnk that necessanl) to get any legal umma tn an hour and make it crisp and intcresung and acuon-ftlleu, there art· certain Jistoruons that have to take plan·. \nd so if you're in the sys tern you'd say, '( )h my gosh, it would ncvl'r happen that way.' J\nd that rakes 2\lia) Ifrom the experience]."

She challenges television product'TS t<) depict the courtroom Ill such a way that legal prof~sionals who spend years in the system will say, "Oh, that's accurate.'' Until then, .McLachlin seems content with her other hobbi~. including attending concerts and operas, as well a!j_ reading (sht!'s currently finishing The Com•tiom by Jonat~an Franzen).

She also loves writing; had she not b<.:comc a judge, she would h..1ve pursued it as a t-arel'r (she 1s .known as one of the court's more prolific write~). \X hen she was in university, McLachlm got a summer job as a reporter covering the women's page for an Alberta r~t.'\1.·~­ paper. She says she tried to push the boundaries of her job, such as the ume shl' \\'tote a human tntercst story about strippers on the Expo grounds. One of

The view from Manitoba

www .I a w. uto ro nto . ca / u ltravl res

t

McLachlin ltl'hcrr: Falconer Hall, E \4 IVbtn: Tuesday, Jan. 29 Dish: ;\ selection of b.iscotti and snack m.ix Lta.st favourite toptc: Dean's 5-year plan

All applicants should explain, in one page or less, what they hope to achieve in the position next year. They should also include a short description of any relevant experience with UV or with other organizations.

Applications should be submitted to tbe Ultra Vires mailbox in the Communications Office in Falconer Hall, ore-mailed to ultra.vJres@utoronto.ca. The deadline for applications is March 8, 2002. Questions about any of the positions or the application process can be directed to Dan Murdoch or Noah Gittennan. They can be reached in the Ultra Vires office at 416.946.7684, by-email at ultra.vires@utoronto.ca, or accosted in the hall.

Whllc the debate over Dean Daniels' proposal .rages ar U of T, the reaction in Western Canada has been markedly different. Instead of passionate opm.ions o ne \W} or another, a movement among ~·estern Canada's deans to reform thetr own faculues has begun. Each dean will approach the reform movement generated by Dan1els in a different fashion, and the timetable for implementing whatever changes are to come will vary. But even if U of T fails in its rrussion to become one of the top law schools on the planet, it will have spurred on needed changes to legal education throughout Western Canada.

J larvcy Secter, Dean of Law at the Uruversity of Manitoba, recendy made a presentation to all members and students of the faculty outlining his vision for building on the strengths of Robson Hall. W1th U of T acting as a catalyst, our dean has begun to outlme a vision that he feels builds on the strengths of Daniels' proposal, and makes some 1mprovements where U of T's plan falls short. So far, the dean has presented where he would like to go, but has left the detatls to be determined at a later date.

The environment in which any proposeu changes arc to occur is radically different at the two schools. The !\.1arutoba J .aw Sch<x>\ ~"'=""~~,., ~ aS~~= -s~ tOihlislH·d

Credit Management debate his proposal - but his challenge The Canadian donated $700,000. remains unanswered. Local medta are begmFoundation has Construction begins on high-tech 'smart rung to reahze what is going on, but coverage remains nun.imal. classrooms' this fall.

The mcrease in tuition is the most conIt is unclear which Western Canadtan law troversial aspect of the dean's proposaL school will begin implementing its response Most students agree with its end goal of to U of T's plans first, and it will take at least Dean Secter's proposal, but there is some until the fall of 2003 before significant dispute over the details. Some students changes happen at U of .r.l No matter what agree wholeheartedly Wlth hiking tuioon, happens, the reform movement set off by U while others are concerned about accesstbil- of T will alter legal education m \X'e srern icy and potential negative consequences on Canada for years to come. the diversity of the profession. Others arc Ktvin Tf!]nt is a Senior Editor with the Manitoba worried that those who will be most affect· ed have no voice in the process, since the Law Journal and the Chair of the Unitoersi!J of tuttion increase is to affect future and not Mamtoba Students' Union Council. For more current students. information about Dean Se•ter's proposal, checle o11t At the moment, tuition at Robson Hallts WIJIU~miia. ca or 1PWW.umanitoba.ca/facultits/ /au( approximately $4,200. The dean's proposal will sec tuition increase to approximately $8,000. The dean promises that 30% of the tuition increase will be directed towards stuwould fail the Negotiation class offered in dent aid. Currendy, Robson Hall offers our second year - they don't know how to stt about $85,000 in bursanes. Unfortunately, at the table.•\nd the private and profession- the need each year exceeds $700,000. Even al community has not traditionally support· an addiuonal S300,000 falls far short of the ed Robson Hall, though they are beginning need, assuming the tuition increase does not to a\\>'llkcn to the challenges we face. impact the need for financial support.

According to the dean, without student Once implemented, the dean's v1.ston will sec our Moot program expanded, a new 21M backing (not only for hi.s v1si.on but the century library, endowed \ibran; col\ection~. i.ncrca~e i.n tuition i.n particular) further outv.J"at \s \t1 U'J \s a commternships for student~ mterestcu m asstM- ,1m\c surpnn may he U\tfu:u\t to C~UtC. team from Manitoba). At the University of Manitoba, tuition is regulated by a New Democranc provincial government that implements tuiuon freezes and fails to support them with sufficient increases m fund ing. Salaries are controlled by a Faculty Associauon that .is run by officials who

Even if U ofT fails in its mission to become one of the top law schools on the planet, it will have spurred on needed changes to legal education throughout Western Canada.

Read it.

Write for it.

U\1.

in~ thc

in 1914, anauccame :1 f:KuJ

ty in 1966. We have 19 facul!:y members, and have lured four new professors m the lasr two years. Over 100 p ractitioners partictpatc in progfJms offered to all three years. Firstyear students participate in a judge shadO\\> ing program that sees them live the life of a Queen's Bench judge for a few days. Our mandatory \Jvocacy program turns out top notch advocates Gust ask the students who attended Law Games about the second-year

faculty rc~<·.rrch thcrr l<f'<'ri lti <".S.

11ni:J

classrooms wirh ddeoconfcrencc: rechno/o

gy. So far, rhe dean has been very successful in h1s efforts to attract outside support for his vision. Israel 1\sper, Winnipeg's most promment benefactor, has donated S2 million to establish the \sper Chair in Internauonal Business and Trade l.a\\: Jim and ~andra Pitblado donated S2 million to establish SS,OOO scholarslups for the 30 students on the Dean's Honour Llst each year.

TJu: rc

Jlrrc:~ nurn t'Otl ~

rJ:JntliO J~ing

C"C:JN

iclc~l"c---c}

gaugt: ,tu<./cnr opUllotl. Tile \l,uJJtobJ La\\. Srudenrs' .1\ssociation has scr up an on· line forum, is in the process of serting up J comrrurtec ro cxa.rrune the proposal, and is constdtring holding a referendum .in early spnng. The University· of .\Ianiwba ~tudents' Union is lookmg at creating a task force on the dean's proposal to ensure that the interests of all students are protected.

The dean has also suggested a willingness to to

Pifm!IIJ' 7llfdilptmt~t~m,

self-financed, student-

run monthly

newspaper.

Who reads it?

Students, professors,

.:········-···············-····················---------····························------·········-···························································-··················--......

_

We want to make sure law students get our message.

So, naturally, we put it in the fine print.*

I OFFERING THE LEARNING \

l:

:

OPPORTUNITY OF A LIFETIME

~ - ....................................................... ······;

~

·.\ ;: \ :

............................................................................................................................................................................····-····............................ --··· .... .

·.

staff, administrators, lawyers, activists, reporters and judges from across the country.

Advising leaders Finding solutions

Who works for it?

Adding va lue

You do.

Resolving disputes Sharing know-how •

Outsta~tding

TORYSLL. NCW YORK

Better design than

Setting standards

opportunities. Exceptional colleagues.

Lawyer's Weekly, better

Practising law that matters

writing than Canadian

TOitONTO

www.torys.com

Lawyer, funnier than

oslerstudent.com

Osler, Hoskin & Harcourt LLP

-

Lexpert.

·······-························ ............ ........................ . ................................................................ ...... . .

T 0 R 0 N T 0

PLEASE SEE "MCLACHUN,• PAGE 15

7

INSIGHT THE STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

TEA WITH SAMER

U"ho: SCC Chief Justice Beverley

NEWS

12 FEBRUARY 2002

>

OTTAWA

>

C ALGARY

>

MONTREAL

>

N E W

YORK

8

NEWS

ULTRA VIRES

NEWS

12 FEBRUARY 2002

9

INSIGHT

IN THE ALTERNATIVE

Clerking: not your everyday articling experience

A monthly feature of U ofT alumni and their diverse career paths

BY JENNIFER KHURANA hough man} L of T students rna\ fed a foregone ccnainn to ursue articles on Bar Sueet, or at the \Cf) least, .u u law firm, thiS need not be the case So long as rou rcmarn " open' to the pos!;tuiltncs and arc not consumed U} the pcrcctvcd or acrual pressure to take the "safe" route, there IS indeed another \\U.)' 10 f:tcr, then· arc many other WllJS. Clrrking is one ~m:h op11on, the one I pursued for 11lJ articles. Halfu'lly through my clerkshtp at the C>nrario Supcnor Court of .Justice in 'Jilronto, I ha\'C taken some ttme co rcncct on my expc_riencc tllUS far.

Clcrk111g IS not for cwryone. The pay i nor t.'\en do5e to \\hat )OU \\'Ould earn ar a large Bay Street firm, let alone as an assoa;tte in New York or Boston.

Thc.re JS no saL1l)· dunng Bar 1\ds and no one will pick up the $4,500 tab for Bar \ds tuition. There IS no 3rd year tumon bonus to case the ever-mounting financial pressure as oaatcd w:ith legal t.-ducanon. There arc no clothing allowances or bonuses. There are no lunches to be had at Canoe, Jump or Susur. There are no shoppmg trips -w1th friends to Tom's P.L1ct~ ro Jrop hundreds of dol/u$ on fancy swts. There is no "social events" committee to plan \\inetastmgs, dole out free Raptors ticket..;, technology bonuses or spa days.

Clerking affords none of those luxuries.

No, clerking is not for everyone. As a clerk you ·won't have the pleasure of doing "due diligence". You won't spend hours &ettmg about how many late nights )OU have spent at the office compared to }Our fello\\ arncling students.

You won't forget what your family and friends look like. You "-1 >n't \1/0nder whc.:n }IJU last cooked dinner youn;elf or ate at home instead of at your desk.

You won't sttuggle to remember the last ttmc you were exposed to natural light.

You won't worry about billable targets those wtll be something other people. people at frrms, \\1>rry· about. You will not live wuh the constant pressure to perform, outperform, bill, outbtll and cam rour keep. You will not rt.-ceive cJills on the weekend. You \\11l not be sleep-dcprh·ed. If }OU don't make it to the !,')Ill or to your football game, you \\111 have only yourself to blame.

You "'ill <-k':Jl \\<1th ~ubst.1ntive legal issues. You \\111 gl't t(> be 111 the courtroom oftm if you so choose. You will have the opportunity to dtscuss legal issues wuh judges and get an insight mto Jcoston-making. You \\111 have the chance to sec the city':; top litigator:> and criminal lawyers 111 action. You will be in the company of judges who 'Will ~;inccrcly \\'lint to take the ume to teach you and grvc }·ou space to learn. You will usc and bwld upon the research and analytical skills you were meant to have fostered in law schooL You will

ha,·e the chance 10 wntt', to research. to rcaJ, to an.tl)ze, to S\nthcstzc, ami to contribute. You wtll ha\e the opportu mn to thrnk about kc) questions of bw and Witness thetr o1pplicarion e\·cry· d.t}.

You \\til be able to achieve a real workllfest)le baL1nce 1ho good to be true? It's not. I wake up in the mornrng attd look forward to ''hat C'Jch da} will bnng. I lon· my JOb. My colk"agucs are great, the atmosphere is collct.,ria~ not compctitin'. and my onlr Jrsnppointmc:nt about clerktng b

Clerking affords students the opportunity to learn and work hard, but do so in a way that allows for a real work-lifestyle balance. that the year is passing so quickly, and 1 don't want this experience to end.

Don't get me wrong, though. I know there arc people who love their ftrm 1obs, too. They value the c.'<penen they arc getting as u'Cll, and not onlr the money they arc \.'aming or the gracrous lunches they nrc having. But firm life is not the only answer to articling.

The quality of the work l ha\·e been assigned a~ a clerk IS excellent, and the learning opporturutics, and relationship and mteracnon with judges, have all surpassed my expectations. In a world where la-w1·crs arc overworked, pressured to perform, btl!, and outperform one another, clerking afford~ students the opportunity to learn and work hard, but do so in a 'W'a} that allow~ for a n:al \\nrk-lifc halancc:.

One more thing about clerking: you know from the get1;0 that you arc gmng to be out of a job come the following summer. \'\'hlle this pro~pcct ~~ at times tcrnfying, it is also quite exhilarating. 1.'here is no danger of being "sucked in" to a job that you don't really like at an cstl>hlishrnent that pay~ too well to abandon. Perhaps clerking Wlll lead }OU back to Kay Street, perhaps on to graduate school, to the pubhc ser vice, to international practice, a non · profit organi;(atton or to a career in policy work. ~o matter which avenue you eventually chO< ~~l' to pursue, it will be a matter of chotec or of opportunity come the foll~w1ng year when your contract is up, and nnt one of sheepish resignation to :1 salary anc.l position that you stay in as a default.

Tbe ntws in tbzs ,;r/i(/e are solt!J tbo1e of thr author a11d do not lltcmarify re.fkrt the 'icu'! or tbt M111ittry of thr Attomty Gmrml of tbt Ontario Supmor Co"rt. of ju!lict. ]mntftr Khurana graduatedfrom tbt litw#J of L1111• in 200 1.

Professor Harold Koh speaks about the age of terror

Best-selling novelist Andrew ,Pyper discusses law school and one's 'voice'

BY BERN INA BUTT

An Osgoodc student talk. to students, professors, law)ers and others at SPINLAW

SPIN LAW conference a dizzying success

BY JAIME CARLSON

Foll0\\1ng the two pknary events were ten breakout ~css1ons organized br stuJent Members of the legal communi[)· were groups. The breakout sess1ons, wh1ch were tteated to an exciting public interest confer-· all fairly c:venly attended, provided spccialence over the weckc:nd of I-cb. 1 3. The izanon in an otherwise generalized weekenJ. Student Public 1nterest Network Legal Tamara Kuzyk, \\ ho organized a session \ crion Workshop (SPINL\W) matlc on the "~pouse 111 the House" rule satd, "Povcrl)•'s Challenges, Law's Responses" its "Perhaps the only cntic1sm I can think of ts 2002 theme. The conference was organized the fact that it was tlifficult to choose Jotntl} wtth students from U of T and between sessions because ther were all so Osgoode, with the generous support of 111tri!,'UIIlg." both schools' admirustranons. ~aturday's "main event" was a moot arguOrganizer ;\findy Noble commented 111g whether poverty should be an analogous that "when we were contactmg people to ground under section 15 of the Charter. speak at the conference, it became clear to The mooters, Raj \nand of Weir & Foulds me that there lS a strong network of lawyers and J.on Sterling from the Minis tty of the in the Toronto area who are comm:itted to Attorney General arc, as moot Judge Justice soc:ial justice tssues and to combatmg pover- Sharpe srud, "two of this countty's finest ty issues. It is important for students to have advocates."

Commented Armstrong, opporruniucs to interact with all of these "mooting is a great way to learn and I think people, because it shows us that rhere ts a we should incorporate even more of •• ;n•o sttong community of lawyers working on our regular curnculum at the school."

Saturday night rncluded the Second social jusnce issues, and it reassures us that when we graduate, we will have opportuni- Annual Thai Gala event. The next day, the nes to continue the work we have been conference was topped off wtth a Pro Bono Students Canada event featuring an uplifting domg in law school."

The 186 conference attendees and more keynote speech by lawyer Mary Eberts, prethan 75 speakers and student volunteers sentations by Pro Bono students, and an included professors, pracntioners, commu- address by a volunteer for the Out of the nity members, judges, deans of both orga- Cold Program.

The goal of the organizers was to nizing schools, and various secondary school, undergraduate, and law students. address poverty, a serious problem rn Law srudents from McGill, the University of Toronto and across the country, and to Saskatchewan, anti the University of address the ways that the law contnbutes to Western Ontano braved the Thursday the existence of poverty. First-year student snowstorm to be present. Events were held Ken Stuebing stated that "one message emphatically n.peatetl throughout the con at Metro Hall, the Hooch pub and U of T. Conference orgaruzers were exuemcly ference was that, m its present form, the law happy wtth the turnout and are very hopeful IS a dangerous tool m the oppression and for the future. As third-year student Sarah repression of the poor. Particularly vivid .\rmsuong stated, "our hope is that, in and shocking were personal accounts of future years, the conference will bring welfare recipients. When you consider the together even more students from across restrictive formal requirements to qualify the counuy who arc interested in being part for E1 benefits, coupled with the insuffiof the student public interest network." ciency of the bc:nefits themselves, you realThe conference started -w;th the frrst-ever ize that poor people in Toronto are perpetPublic lntcrc:ot Career Fair. Friday partici- ually stuck tn a most cruel Catch-22." pants ht.-ard a keynote address by Justice 1\,oblc addetl. "we have been given the Rosalie S1lbcrman ,\bella of the Ontano opportunil) anti the privilege of a legal eduCourt of ,\ppeal. Saturday mormng's ple- cation and I feel that it is our responsibilil)' nary session, tlealing with "Povcrt)·'s to usc this opportunity to effect posttive Challenges," featurc:d commumty workers change in society. I found that the conferJohn Clarke and Cathy Crowe. Attendee ence inspired me to continue workmg on Erin Stoik said that this plenary was her these issues anJ gave me Jdl':JS of how I can favourite part of the conference bc:cause effect change." "(the speakers} had in-the-trc:nchc~ cxpcri· The SPI~I.,\W conference, through a cncc with the issues that affect lower- nominal door fcc and the Friday night pub, income pt-oplc. Their grassroots expc:ric:nce mana~ed to raise over $1,600 for Youth providetl an important picture that ca~es SkiJl, /.on<' (formerly called SWYM), a and courses cannot provide." The afternoon group that helps street youth. Organizers plenary session, "Law's Responses," fl-a- were plca~etl to provide voluntary childcare tured Professor Peter Rosenthal and practi· throughout the confc:rence. tioner David Baker.

It has been suggested that a plethora of things, aside from full-rime practice, can be Jone with a law degree. Opposition to this assertion contradtcts not only the goal of this column, but also the impetus behind acclaimed novelist and U of T law graduate Andrew Pyper's enrollment in law school In hindsight, Pyper believes the advice he received about the marketability of an JJ•. B. was wrong, and "getting more wrong all the time, what with rising tuitions, and ever more entwined relations between the intellectual and corporate aspects of legal study."

Pursuing alternative careers is gewng increasingly difficult.

Emboldened b} the prospective unlity of legal scholarship, Pyper quips he attended "law school because there seemed little else I could do with an M.A. in English! Also, my girlfriend at the time was in law, and she convinced me that we could be this fabu lous lawyer couple together."

However, as Pyper asserts, "you can't underestimate how corning close to living a life you don't want tO live can mspi.re you to pursue something else." \ftcr graduating in ~~~~ !995, and articling for Blake. Cassels & ( ;raydon. P)'pcr diverted hts fiJ!J attennon ro writing fiction. Although he first started to

write stones at the age of seven or eight, Pyper "never really thought of [writing) as a potential career. It was just something I did, was compelled to do, and enjoyed more than pretty much anything else J could do -with my brain." While studying Ia\\, Pyper contributed ficnon to Quarry magazine.

Pyper believes that although law school tlid not contribute directly to his literary success, he suspects it helped him develop greater sclf-disc1plme. He is pleased that he completed law school and was ultimately callctl to the bar, but admits that "within weeks of walking across the stage of Roy

BY BERN INA BUTI'

The Globe and Mail and The New York Times, and has been uanslated 111to Dutch, German, Italian, and Japanese.

Pyper's creanve writing 1s complemented by freelance non-fiction work once 1n a

"Not even law school can submerge [your voice].

Avoiding rust is the greatest challenge while immersed in an experience as involved as law." while. Being a novelist "just happens to be the best job I've ever had, or could ever imagine having," enthuses Pyper. Each morning, he is JOlted into action by a cup of "I never really thought of [writing] as a coffee. He has "developed a uoubling (and potential career," says Pyper. expenstve) addicuon to lanes" from his neighbourhood Second Cup. Sa'is l>ypcr, Thomson Hall and picking up my papers, 1 "writing novels lS solitary work:' and a cofhad moved into cheaper rent and was out· fee run is "the on\y time 1 have human conltning my first novel." He had promised tact during the day un\css 1 bump mto hunsclf th<ll he ''oultl

tint~h

~OfJICOtJc.• }

.rrttdmg, .mtl

then pursue his passwn unul he had exhausted hrs money supply. \Vhen Pyper published Km .Mf, his first collection of shon stories, in 1996, fiction writing still dtd not figure in his mtnd as a career. "There were - and probably still arc - only a couple dozen or so writers in the whole country who make their living from writing alone." After hts novel l.tJsl Girls (1999) became an international bestseller and won the Arthur Ellis Award for Best First Novel, Pyper had enough resources to conccnttate on producing his second novel, Tbt Tradt Mimo11, which will debut in the fall of 2002. Pyper's work has been lauded by

kno" 1A'hi/c:: "I'KJkiLJC

171)

c../ug lll

rhc !arc afternoon."

For those similarly interested in writing, Pyper suggests reading "a good book to get back some sense of your 'voice', or at least imigorate the search for it." .Uthough legal studies have the effect of frustrating one's literary ambitions, "oot even L1w school can submerge [your voice). \\·aiding rust is the grL>atest challenge while immersed in an <..xperiencc as mvolvcd as law."

Contact Andrt».' P.JJ>tr througb hi1 agtnt at: • 1nnt McDtrfllid i-"' A.r.rodates 92 IFtlkocks Strut Toro11to, O:\ \£55 1C8 I fi.r u·ebsite 11: Wll'1r.andre1~pype1:com

Chief Justice maps out racism in Canada Warns that prejudice not completely swept away by Charter jurisprudence

BY BERNINA BUTT The Right Honourable Bevuley :\fci~'lchlin, Chief Justice of the Supreme Court of Canada, presented the 2002 David B. Goodman Lecture on "Racism and the Law: The Canadian Expenence" to a packed Bennett Lecture Hall on Jan. 29. She commenced her speech by emphasizrng that race and cultu.re are "central to the Canadian experience," and that "exclusion is desuuctive of human dignity, order, and sociecy 1tsel£'' McLachlin delineated the different stages in the Canadian experience by citing case law. The colonial era to the mid·twentieth century was characterized by exclusion and subordinanon. This tenor was perpetuated by the jurisprudence of the nme; seminal decisions such as those of Quon.g U'~in.g 1: Tk King and Cbri1tit v. rork Corp. neglected to

confront the issues of discrunrnation. Only Justice IJington'~ dissent 111 Q11011g ll ~mg rec· ogmzed the significance of "the highly prized gifts of equal freedom and equal opportunity before the law." Mcl.achlin arguc:d that the couns generall}· exhibited a "passive rolerance to discrimination."

Legislanon at the time, such as the Chinese Immigration Act, also mamtatncd 111e<jutty.

The period leading up to and including the creation of the Canadian Charter of Rights and Freedoms was exemplified by equal opportunil) and human rights initiatives. It was not unnl the current era, however, that a marriage of "subsrannve e<juality \\.ith group nghts" has been, and must continue to be, promoted. Mcl..achlin warned that although the Charter "mandates respect for personal dignity," questions related to prejudice have not yet been

completely removeJ by the "sweep of rhe juJicial \v-and." She referred to the reccnt c.'lse of R 1: RD.S. to highlight her potnt.

"Canada i~ a country of immigrants," McLachlin emphasized, and conseyucntl}; CanaJians must assume a "proactive approach to racism."

'The fabnc of CanaJian sociel)· is forev er changing," and thus "the law should not rcfkct the values of the moment, but longer term goals." Stated the Chief Jusnce, "tf we arc convinced the cause is just, we have to have the courage to fallow the law to reflect such values]."

Mcl..achlin's conuncnts were met -with much rl-spect and apprccianon. Ho-wc..'Vcr, second·year student Salman Haq concctled, "I was hoping for somethtng a little more than a historical oven;cw of bow couns have let Jown rnrnonnes and marginalized persons."

On Jan. 23, Professor Haroltl Hongju Koh of Yale Law School delivered the 2002 Cecil A. \X'right Lecture on "Human Rights in the ,\ge of Terror." He was welcomed to the 'chool by Dean RonalJ Daniels and Bill Graham, C ofT law graJuate and .\finmer of l·orcign )\ ffairs. \X'hilc dcli\'ering reminiscences about hi' law school days, Graham joked that an a'piring judge would have to sacrifice hi~ or her RRSPs in order to fund a k-gal cducanon in the present Jay. Daniels marked Graham's visit by presenting him with a reyuisite l' of T Lau· o;wcatshirt and a bulletproof \'CSt.

Koh th<:n took to the podium and ~poke about the "T111a Turner" approach - that is, "what's law got 10 do with it?" - to Sept. 11 and the consequent war. He bdicvt.'S that international law and a considem tion of human rights arc the mcuns and ends to conflict resolution and the "globa\izauon of freedom:• Koh said that on Sept.\\, "the terrorists sougbt to bnng down the 1..1'\tin: \"'<>'-\uvc. \a~ u{ ~Q'\)ilin, - . ' H - ft.!, WfiUiliiid datU_, rcspon:oc co the rrage<(~ mu.•r not mvoh c rhc kllling of cn·il1ans rn

acts chat would dr.shonour rhe \ictims of chc attacks. "If human :rights arc the .ranonale, then human rights must be the constraint."

Force must be narrowly rc..'Suicted.

He then rcferrt.'C! spt.'Ofically co the al:icn Jewnecs held at Guantanamo Bay. They arc "human beings without human nghts. That Cllnnot be the Ia\\.:" It is "never unp.urintic to questi•Jn what our government Joes in a orne of V.'llr,'' exhorted Koh. (~uoting Professor Jutta Brunncc, he rcmarkl·d that "internaLionallaw is nor a suicide pact." .\ccording to Koh's global human rights par;~di!,>m, \\e arc now 10 the era of globalizanon, haVlllg c:xpcncnccd the eras of unncrsaltzation, msunttionalt7.ation, and opcrationahzation. He argued that the "harshest face of globahzanon" in\'oh t.'S thl' "globahzauon of terror.'' The most pressrng <JUCStion in the age of terror is how to lx.'St encourage "the consuuctivc face of globalization" and overcome the "aspnrncrq of power bcl\\ecn those who can built! and those who L'llll dcs tror.''

This consideration is of utmost urgency ro Koh, for, as he sees it, ''Our children's rights arc at stakethat as [a concern} too serious for lawyers ro leave to politicians." To stnvc m-w-ard a solution, "we [mu~t] relate law to life, not ltfc to l:m:"

Don't let the bastards grind you down BYAU ENGEL here b a charged feeling of_ mess a:ound the law school. As the academic plan IS pusheJ through faculty council and students kt·ep busy planning their responses, orgamzmg thetr own conference~ and journal publications, in addition ro worrying about classes, work and finance:;, it is not a surprise that tension is high around 1·1avcllt•, An} one who attended the Jan. 28 faculty council meeting recognizes that studems and staff alike arc overwhelmed at the law school.

'Tbe lntcrsccoons of Law and \oc1al Work class lookcJ at the phenomenon of stress and depres sion in law stuJents and lav.:yers. The combined program students were struck by one particular aroclc by Arleen Jacobius from the \pril 1996 ,\B.-\ Journal. Jacobius, a lawyer and a journalist, reporteJ that law has a higher incidence of depression than any other profession. She also writes that "law firms arc incubators for depression. The pressure to produce more work in less rime can result in feelings of sadness and isolation."

J..aw· schools arc stressful, law firms are high pressure, and it is easy to let law, this one aspect of

T

all our hves, takt• over.

Who, then, arc the ones that survtvc? And more importantly, who can s~rvivc with their abiluy w 'really hvc' imacr? Glimpses of a dctermmauon to live passionately arc seen at Coffee Houses, l~'lw Follit·s and l~'lw Games.

111c concept of self-complexity 1s often introJuced in unJergraduate social psychology classes.

law schools are stressful, law firms are high pressure, and it is easy to let law, this one aspect of all our lives, take over.

This theory maintains that people are more complex to the extent that they use different aspects of their lives to define themselves as indivtduals.

The research psychologtst Linville developed a theory of self-complexity that suggests that having many d.uncnsions to one's life serves as a buffer against stress and depression by provtding altcrna-

uw focuses of attenoon follo\\1ng a stre:.sful cvmt. \X'hen you get back that C on your tax ~:xam, your excdlcnt trombone performance :><.:ems all the more important. \X'h~:n a relationship cnJs, your creative writing pieces arc a source of pridl' and joy.

The more aspects of yourself you develop, the les) the law school will take over. \X'h!le rlus psychological theory may s<.:em ro be a statement of the ob.,;ous, actually having anJ usmg man} aspects of oneself is easier satd than Jont·. ThLoi is particularly true in the face of an allconsuming profession that rewards those who show· an unhcalthr and blind devotion to exceptionally long hours in the office. This feature is meant ro gtvc deserved attention to those parts of ourselves that get so easilr dismissed as mere hobbies or extra-curncular acovities, confined to two short lines at the bottom of our imprcss1vc legal resumes.

A competitive, all-consurrung legal lifestyle ts clearly a systemic problem, in which individuals arc rewarded for sacrificing other aspects of thctr ltves to mcc! a supervisor's needs. Below we showcase a variety of vibrant pursuits desptte this system, which serve as a rermnder that life really only exists in the present tense.

L~ stud~nts

It's a great \vay !.ouch people and deal W1th generally pracoce about once a week," she said. issues of importance." And Dostal, whose JOb ''That mvolves preparing for church and trying to Do you have a life (outside of school)? It may includes wnong speeches and hclpmg draft private keep up my old repertoire, but tt's really hard to seem bke a rhetorical question. Being a law student member's bills for the provmcial legislature, finds keep up my techmque." ,\nd while Christmas :tnd is often a mon:-rlwll·full rime JOb. The very tV.lrtlltncm m helping achieve rhc goals of a poiluEaster have special programs that induue some of thought of adding one more activity ro a long list cal party and representative that she strongly her favourite music, those programs entad extra of commitments like I..aw Rcv1cw, pro bono work believes in. work m the period leading up to exams.

There's no question that balancing outside For Hong, law school has cut into not onl} his and mooting - not to mention srudymg - might make you feel even more tired and stressed. But interests with law school is challenging.•\lmost all practice orne bur Ius creative impulses. "I used to for some student.-;, tt's just the opposite. \X'hat they of the students have had to scale down their com- do a lot of composmg, but now not so much," he do beyond the doors of Falconer and Flavclle mitments, and occasionally what they do for relax- said regretfully. ''You have to be very vigorous about protecting your creative instinct because law helps them keep coming back to school w;th their school will do everything possible to take that ~amt:y and self-worth more or less intact. away. Just the atmosphere of being in an elite instiSccond·yt:ar Crystal Komm plays the organ for tution where lots of people are Type-A competiher church, and also helps run the church's music tive - that's exhausting. I try to come home and do program. Law/~ffi~\ student Michael Hong and it but I can't tell you the last time l wrote a song. fiN-year Ron.'\n I .C\') play guitar. \lix Do~ tal But that doesn't mean I'll ever stop playing." works for a Ltberal MPP Second-vcar Noah Klar If the study of law endangers outside interests, is an actor, and his classmate l.e~la !-lemmings a dancer and former gymnast. Third-year Matt pracncmg It will likely pose a greater threat. But no one m the group is ready to give up on their hob Cumming plays hockey. What do they all have in bies altogether, although they arc all prepared to common? Talent, yes - it's hard to avmd in a facuh:y of ovcr-achicvers. But more to the pmnt- and make ..-.uymg degrees of accommoJation. So far I ..cvy hasn't found the balance between school, more_importantly - they have passmn and perspcCU\·c. weekly practices and the occas10nal performance all that diffcult. He's accepted the B-curve whtle Thc.se stuJcnts discovered their interests m holJmg that "it doesn't build sclf-e~tecm ." their own w·ays. I iong and Cumming watched Klar has, for now at k-ast, given up on the o!Jer siblings and wanred to join in. "~ly o!Jcr sisintense scheduling of theatre in favour of occa ters had music Je,~ons and I watched from the sional work on·camcra. While holding that "it's siddmes and picked up the instrument.~ that they fmstrating because you can't just act in your bcJset as1Jc," saiJ f long, who also attributes hi~ love room to relax," he remruns optimistic about the of mu ic ro the fact that he '.1.'3-S never forced into future. "I know there's a guy who gmJuatc.:d from k'Ssum. Levy, by contrast, joined his first band m U of Twho's a sole pracorioner - he sphts his rime tt:nth graJe "to pick up chicks," and later on, out between clients and acnng. I Jon't know what my of boredom, taught himself how to play. lkasons for involvement arc likeW1se id10syn Lccla Hemmings: ''When I come out of dance career's going to hold but acting will always be part of it." cratic, but when the group was asked why they class I end up grinning all t!1e way home."

And for now, at least, these seven stuJents have played/acted/danced/campaigned, some comfounJ something "cathartic... a safe haven" thar arion can actually aJd to their stress loaJ. mon themes emerged. "I love it," says Hemmings, "gets them away from law school" and at the v~:ry Komm, for instance, minored in music at who in an eerie precursor to law ~chool once perle-ast '<~.ill remain "a life-long hobby," satd Komm.

Brigham Young Cnivcrsiry.

Through school trips formed 1n a commercial for Irwin Toy. "\X'hen I "I think the things that you do oumJe of :;chool she had the opportunity to play the organ for the come our of dance class I end up grinning all the arc the things that Jefine who you arc. Those arc world·rcnowneJ .\lormon Tabernacle Choir anJ, way home." For Cumnung, hockey "provides an the things that make your life richer. They'rt· hke in Jcru a !em, played an organ she dcscnbcs as the excitement that 1 don't find in anything else I do'' the icing on the cake and who hkes cake.: without bc~t in the ,\Iiddle East Smce starring law school, Klar claims ro have always loved acting and pericing?" she no longer has rime for lessons.

"I however, forming: "I love tcUing stories, entertaining people.

Mangiacake

de>

BY DEREK C. AllEN Mangiacakc is a rune J wrote in my former life, when I was in the band People From Earth. 'Mangiacakcs' arc what we (i.e., me 'n' my lil' bro) pasty white hoscr w-asps were calleJ by the other kids in the hood, who all came from rccendy-arrivcd, working.class Italian and Portuguese families. The irony, of course, is that the disaffection we endured was an cxpresston of the deeper isolation they cxpcnenced.

People From Earth made 2 CO's Grou.ing Up From TIN Ground (1996), and f.Jivsk.H/1 (1998). The latter may still be found in indie sections of music store chains, but a safer bet for either of them is the reduced-wclcar, cheaper-than-coasters bargain b111 at your local used CD monger.

th~ d~rnd~st thin~s,

de>n't

th~y?

JUST THE FACTS How Students Spend Their Time: A survey of students in Evidence and Family Law

lluslc Piano Voice Saxophone Guitar Violin T~Wmbone

Sldn flute Pipe organ

Hey law student, get a life!

BY STEPHANIE WAKEAELD

11

LAW STUDENTS AND THEIR LIVES OUTSIDE OF SCHOOL

10

Sports Skiing

squash linnis Bllketball

A young Joseph Berkovits proudly poses in front of a small part of his political sign collection.

A mycophagist and her mushrooms Law students reveal their secret habits

BY ROBIN RIX

--~---w:,...llilll

Fi

Hockey Sw*nming Rode Climbing Soccer Salsa Dancing Ballroom Dancing Yoga

Arts Pllnting

Writing PhOIDgraphy Reading FNnch literature Writing Soft Core Pom Figure Drawing (nudes!)

Nibbles Doll House Collecting and Decorating Scrap Booking Inveterate Music Collecting Baking Cooking Sewing Watching Food TV Dungeons and Dragons Reading Spy Novels Long distance telephon6 chats largely exploring why I ever decided to come tD Toronto (Ed"s note: ouch.)

Gardening Spanish classes The occasional shower Indulging In Herbal Cigarettes Genealogy

putting on a show in :v-\arch, so go and sec them - and she abo u:ach~ jau. dancing at a loca\ studto. \.'\!hen ask,·u wily sllc like:; dancmg so much, ller r,·.• ponsc wa.,

for the average member of the U of T law communi ty, there's a chance that "life" outside the classroom con sists of the datly choice between Caffe Verona and Breakfast Blend coffee. This may be true even if you are not a tenured professor. Yet there are members of our community - students, even - who transcend such restrictions and do stuff m The Real World.

Let's take Joseph Bcrkovits. Bcrkovits has collected election paraphernalia smcc the late 1970s, when many of us were engaged in more mundane activities such as being born. I Ic collcm signs from federal clccoons, provincial elections, and party conventions, but he doesn't just collect any paraphernalia: only Liberal paraphernaha will do. (So Jon't ask for a vintage "Tom Long for C CR \P leader 2000" poster, because he ain't got any.)

What he docs have is over 300 signs and posters, innumerable buttons, and, we presume, a healthy stack of red books.

In case you arc wondering, B<.;rkovits did not build his collection by swiping signs from hts neighbours' lawns.

This would have (ironically) undermined the Liberal cause. lnstcaJ, he was smart: he volunteered on campaigns, he got friends and family to send him materials, and - thts is the smartest bit - he dro,·e through different ridin~ right after clccoons, when everyone (especially in ridinbrs where Liberals lost) wanted co get nd of the1r s1gns as soon as possible.

Bcrkovits claims that such paraphernalia IS an underapprectatc.:d element of this country's electoral htstory, a form of \X'arholian pop art, and, where candidates arc pictured, an inrn~-,rutng rime lapse of terrible haircuts.

Lnfortunately, he notes that h1s efforts have abated smce starong law school, to the extent that hts collection now resides in an unndy state in his mother's basement. When confronted with my concluding yet searing journalistic quesoon - \vooden sticks: good or bad? -Joseph replies that, indeed, he removes the sticks from lawn signs because they interfere wuh the design.

'-ltxt up 1s Erin Pellcuer. Erin has been dancing for 18 years, having bc!,run with ballet anJ then moving on to other gmrcs such as ,\frican, swing and belly. Currently she dances m a hip-hop collecnvc.: called Thrive - the) 're

Mangiatakr \X.rought iron gates, Gardens of cement, Figurines, and interlocking bricks.

Out on the porch, In the middle of a storm, ~creaming at the top of their lun~.

On hot night.-;, The hot rod!'., Burned rubber up the road.

1 am a mangiacake, .\ly tin-ounce u·oru 1s "ell", The only ones on our street, \X'c took the heat.

that It 1s a "sensual expcnence" and "felt amazing", even more so than proper() law. \round the law schoo~ Erin is perhaps best known as the choreographer of the first-year spoof htp-hop dance Posted on the wall, number at I..aw Follies, m whtch she made a significant Of the \X'htte Rose billiard hall, number of first-years look coo~ talented, and rhythmic.

The rules that were ignored.

(If you know the first-year class, you will appreciate the But on Sundays, sigruficancc of this accomplishment.) She told me with Off to church, pride- and gave me permission to quote It m this column Wearing your very best.

- that she engaged in an "active and vicious recrwtment Even Pau~ process" and has now "convened" six first-years into Could nor understand, wannabe Enns.

That all men came from apes.

J..ast is Anna Yarmon. Anna's pasome Is mycological excision, also known as mushroom ptckmg. She was I am a mangiacakc, introJuced to It by her father and the recently graduated My favourite word is "eh".

Sophtc Nunnelley. The acO,;t) involves traveling far, far, The only ones on our street, far north even farther north than Yorkville and wan\\e rook the heat. dering into the bushes. Then, she takes out her kntfc and picks mushrooms.

Have you ever had a notion? ,\t this point, you arc likely wondering whether these I tavc you ever had a dream? mushrooms arc safe to cat, for you were probably warned Have you e-..:cr felt too small to as a child to never e\·cr eat garden-grown mushrcx>ms. mean anything at all? ,\nna claims that, yes, certam t)pes of mushrooms arc Have you c\·er had a thought? perfectly safe, but that you ha,·c to be absolute!); totally, Is anybody homt?

100% sure before you <.-at them. For example, a "bad" You're alw-ays in a crowJ, but mushroom - like the one Anna picked on her last visit but alone . .. did not tal - may be bright red. Alternatively, a "good" mushroom may be purchased at your local supermarket. ) a stuck out ycr pees, As the ~lycolo),>ical ~octety of Toronto (www.myctor.org ~o that we would no t confuse your -for real!) says, "there arc old m ycophagtsts and there arc gender, bold mycophagists, but there arc no old, bold mycophagYou looked like a fuckin' rooster. ists."

"Hey what you lookin' at, Thus be informed, gentle reader, about three U of T '\Jaturc boy?" law stuJents who, at ·\'3.r}'ing stages of their degrees, have "HO\v'd ya like to be in a fi!,~lt?" retaincJ thetr sense of perspective and enjoy a hfc out,\nd now, whenever a car peels s•de the classroom. Let us remember this "life" when we It always feels, do our next bridge paper, when we next hunker down m Just like I'm at home again.

StudytO\\:n, or when we get our next B. And above all, let us remember this " hfc" when we arc next confronted I am a mangtacake, with our daily choice between Caffe Ycrona and ~l} favourite word is ''eb", Breakfast Blend, anJ let us transcend this restriction and The only ones on o ur street, choost• a third option: tea. \'\'c took the heat.

L

EDITORIAL

12

UlTRA VIRES

EDITORIAL

ULTRA VIRES Ultta \in'S IS the s.ludent nC\\'l>papc:r of the 1-acultY of I~\\ at the University of lbronto. <)ur go:1l i~ to providt.: a fonun in wh1ch students can exchange thru 1deas. \X e hope to fo ·tcr a ·ense of commuruty \\'ltlun the Faculty of l.a\\', the Urun-rsitv ns a whole, and the gr~o.-atcr Toronto area. Ou; nus~1on is to incr..~.t e stud~:nr awareness of lq,ral and soctallS~ues and, in rum, to encoura!,>e our peers to contnbute to the many commumncs of which we arc a parr.

Editors·in Cbiif :\uah Gmerman Dan Murdoch Ytll'!

T'un \'X'ilbur (University Mfairs) Bc:rnirta Butt (Student •\ffairs)

hamres ,\b Engel Beatrice \'an Dijk bii:orial C.- Opinion Joseph AG Bcrkovits

Ltgplls.rtltS Simon:). Proulx

Ditv:niMt Stl·pht.:n Parks

Production 1\ fmragtr Salman Haq

Prodz1dion Assistant bmuy Mak AdVfrllri112,•\lanagtr /rnnifrr

\l cinbc~E<•r

Bnnnt.r.r, lfantt~r

Hess Joffe

Cop.J Editor l..tsa Vatch

Ccntrib11tors D t.:rek C. Allen, Jessica J\mcy, Jaime Carlson, Simrcn Desai, Brenda Didyk, Adrian di Gin\'anni, z\lex Dosman,Jacob Glick, Claire Hunter, Kaye Joachtm,Jcnmfcr Khur-.ma, D avid Kolinsky, Samer Muscan, Mindy 'oblc, Jim Ph1lhps, John Provart, lan Richler, Robin Ri.x, Pauline Ro~enbaum, Jenmfcr :\rone, Lara Tessaro, Kcvtn Tonie, Stcpharuc Wakefi'cld, Maggie Wente Ultra Vires ts an cdttonally autonomous newspaper. l'ltra V1rl:s is open to ~ontnbutinns which rcfll.'Ct diverse pmnts of viC\\; and its \:Ontcnts do not neccssanly reflect the views of the l•acultv of IM'\\\~ the ~ntdent~' Law Society or the cduonal board. The editors welcome contnbuuons from sntdrms, faculty and other lntcrt-sred persons, hut re~erve the right ,,, cult submisstons for lmgth and content.

Commurucnuons Centre, Falconer Hall 84 Queen's Park Crescent Toronto, Onrario, MSS 2C5

(416) 946 7684 ultra. Vlt~o.'S@utoronto.ca v."\1-'\\:la\\~utc ,ronro.ca/ultraVJres

l

1\dvert. mg mqtnr1c should be sent to the attention of the adverusing manager at ultra.vires@utoronro.ca

l ltra Vut•s is published m'mthly. and is printed

by Wdkr Publishing in 'lbronto. Ctrculauon 2,000. The next Issue will bt.: in March 2002.

The equity 9f public legal education roponents of the draft acadcmic plan have, of late, been straying from the dean's script.

Instead of focusing on competitive factors - saying we need better funding to compete wtth lJ.S. schools, that ruition incrc..-a.~es arc a "last resort", an-d that the school will connnue ro lobby for public funding - a number of professors and some srudents have be&'1.1n attacking low ruicion and publtc legal education as inequitable in Itself.

It began with first-year student Brock Jones, writing in this paper, cxplainmg the regressivit:y of low twtion. Smce then, a distinguished visitor, foUowmg breakfast with the Jean, lecrured h1s class on the regressive folly of European public education; Professor Macintosh has claimed that low professor salaries arc subsidizing the education of soon-to-be-wealthy law students; and Professor Trebilcock entreated faculty council to "end subsiclies to fat cats" and called low ruioon "unmoral and unprincipled."

Whoa. Wuhout delving too far into the quesnon of what tuition levels should be and how much professors should be paid, we'd like to take this opportunity to counter the abuse of economic terms and the slander of public universities.

Brock )ones and Professor

P

~Tn.·bl /(.."O<:k

h.n:t: aQ.,rut.:d that Jt Js

regressive and therefore rncqwublc w use public funds, taxes patd b} ordinary workmg people, to pay for the education of students who will soon be in the top 5% of earners.

-\ t the individual level, why is this inequitable? One of the main goals of public education 1S to assist individuals m finding gainful employment.

Docs publtc education suddenly become bad when this employment pays too much? Law school is a good investment for srudents, true, but it is

also a good tnvc~tmcnr for the public.

If graduates make large salaries, it means the public benefits through taxes and economic growth. 1f graduates go into pubhc mterest law, the benefits accrue through their work.

Regardless of how the com arc allocated between students and government, both parries will earn a healthy rate of return from the investment.

We can argue about who should bear the cost on tdcological grounds, but there 1s no economic rcgressivity. .A more convincing approach is to consider it a class problem. Public universities are not pcrfecdy accessible institutions, with srudcnts from equally represented classes graduating with dramatically improved earnings expectations. The rich do take greater advan rage of publtc postsecondary education than the poor.

This expresses a radical proposition: not only should tax systems be progressive, but all public programs must be progressive too. This is too onerous a standard. There are public programs, like welfare, that are of almost exclus1vc benefit to the poor.

Other programs, like many infrastrucrure projects and regulatory initiati'Vcs, are of greater benefit to the higher classes. The question, then, should not be whether a parocular program is progrcssJvt."' or

n..·xrcsslvc~

but '\.\ hcthcr

the entire system is. Tf education is a public good best adnunistcred by the state, but ts regressive, then the state can increa.~e the progressivity of the tax system as a whole to compensate.

The draft of the five-year plan states that U of T law students will be paying for 60% of thetr cducaoon m five years. It is worth noting that this sum includes everything needed to run the school {except major infrastructure projects). Thts misrepresents the cost of a legal education.

Thirty-percent of tuition goes to financ1al aid, and this is increasing. By the end of the 5-ycar plan, paying students will be contributing over $20,000 over three years to the educa cion of other students. Much of this will be donated through Jebt.

Professor Trebilcock says this is progressive. But why is accl.ssibility - a public good - being achieved primarily at the expense of other students? ,\II students benefit from the diver~ sity that access1bilit) allows. But this qualitative benefit cannot compare to the real economic benefit to the state once the disadvantaged srudent becomes a lucrative lawyer and pays htgh taxes, or the public benefit if this student pursues a public interest career. Financial aid programs should prunarily be financed by the public, not by other srudents.

Further, faculcy· do not devote all their time to srudent cducaoon. \!though their scholarship enhances legal education, it 1s also of consider able public benefit. It ts the main ref. erencc source for government when making laws, and for courts when interpreting them. There is no equitable reason for placing the cost of this scholarship exclusively on srudenrs.

A fair accounting, therefore, would consider much of

J

I

lh(;

existing public

funding of the law school as payment for the public benefits achteved through financial aid and faculty scholarship.

The draft plan is not simply a response to government cuts or even U.S. competition - It is an ideological vision of an increasingly private insn rution. Its proponents offend when they defend this vision not on its own terms, but by illegitimately defaming the public system as inequitable, 1mmoral and unprincipled.

Letters to the·Editor Editor.r, 1 am wnting to t·xprcss my disappointment \nth the blatantly paternalistic altcrnauves rq;ardmg firm recruiting rt·cendy proposed by the Career Services & Recruitment Committee. These alternatives in no way embody creative solutions to the challenges facing this faculty.

Instc..~ad, they appear to be an ill-conceived rc..-action to last year's scandal.

It is entirely inconsistent for the faculcy· to continue to insist that we :;rudents arc thc best and brightest and then create pohctes that suggest we arc not marurc enough to make our own dec1 sions. More practically speaking, hmuing our access to potential employers while we arc trying to identify those most suitable for us is counter to all prevailing logic regarding the benefits of perfect Information in any decision-making context.

The role of thts instirucion is to assist us in reaching the goals that we have su for ourselves, not to influence those

goals in accordance with what it feels they ought to be. I understand that some students feel prt.:ssured tnto taking jobs they do not want But we do nor advance this institution b) building the wall around it dccp<.:r and higher. \Xe advance it by better preparing srudents for life beyond the perimeter of this cscnting as many campus and by career opportumt as possible to those who choose to stu y he~.

Even more disconcerong than the comnuttee's proposal is the process through which it has solicited srudcnt feedback. The focus group I attended began wtth a rev1ew of the results of the previous focus group which, at least as they were spun, supported intervention over the srarus quo. These "results"

w<.:re then used to nor so subtly drive the discussion of our focus group in that dirt.:ction. · ' The focus group concluded with a ~cries of votes which progressed smoothly until it became clear that thc majority favoured the status quo. At that point, several moc..lified versions of the alternatives were incoherl.ndy presented and we were asked which of tbtsf we supported. \X'hen the double counting bq.,ran and it was clear that the results of this focus group could easily be manipulated I threw up my hands m disgust.

In doing so I fear l may have unwitting ly provided two votes to some hybnd concoction of the various alternatives that will ultimately prevent future ftrst year students from ever speaking to a lawyer ... and so I am writing this letter to set the record straight.

-]iff Torkm, JD/MBA, Class of 2003 PLEASE SEE •LETTERS," P13

OPINION

12 FEBRUARY 2002

13

Students an·d the ad min: for better or for worse

BY NOAH GrTTERMAN r \\111 ~oon be\ akntine's Day, and lo\'e, tht.:y say, 1s tn the air. But you wouldn't know it walking around the halls of this school. I look for love, and I hear somethmg completely iliffercnt: "I'm sad." ''I fcc! hurt."

"You don't listen anymore."

"You'w abandoned me."

The amaztng thmg 1s rhar tht.: words quowd above ilid not emanate from some pre Valentine's Da) relationship talk overheard in the Rowell Room or at the free phones down in the ba,cmcnt. InsteaJ, they were spoken in public by usually reticent and discreet U 6f T law students, and they wcrc· directed not at a neglectful romantic partner but ar a si&mificant other of a very different sort - the law school's adrmnistranon. \\'hat, we should now be asking, could have caused such an erosion of trust? \\'hue, exactly, did we go wrong? How the heck did our relationship become so dysfuncoonal?

Perhaps you thtnk that these questions arc mappropriate in an mstitutional setting - this is JUSt politics, o r ccononucs, you might be saying, and emotions arc simply not the issue. But people who make tt their business to study the law should not be surposed to find out that emotion often does ger in the way when neat argument and clear pnnctRle meet the mess of acrual human interaction.

And that's nor a bad thing either. The student/adrnin coupling is not a cold, impersonal, commercial kmd of association.

I

~s

Srudents can't expect the admin to say that the "customer" is always right, any more than the admin can placate srudents with halfassed promotions or PR campatgns. We have ro live together, people, for better or for worse, and so we should take a cue from all the trite relationsh1p adVIce we've no doubt heard man} omes before: it all depends on commumcation and respect, and if we get that right, then good relations will surely follow.

But how the heck do we get there?

Recogni.zing the depth of the probiC"m is.

of course, the first step. The rclmionship is now at a pomt where, no matter what the administration ts doing, a great many sru-

Letters to the Editor CONTINUED FROM "LETTERS," P12

Editors, I take some issue with Graham Mayeda's piece (~chool needs innovaoon, not higher revenues, Jan. 22) regarding innovaoon as the salve the school needs to boost its already htgh profile. While I agree that bold changes in curriculum, course o fferings and course selection would be a boon to the faculcy·, I am not convinced that they arc geemaine to a discussion of increast.:d tuition.

In fact, I would argue we need both innovaoon and increased ruition in order to ensure the faculty remains the best in the country, tf not one of the best in the world. \.fr Mayeda suggests that Harvard has learned a great deal from McMaster Medical School, but docs it not follow that we could learn a great deal from Harvard? At Harvard, the adminstration controls an endo\\mcnt of around $1 billton U~D, compared wtth the $60 million CDN our faculty has m its coffers, and yet students at Harvard arc expected to pay over $30,000 U.S. per year in twtion. \X'hy? Because there ts a fundamental behef that students should bear the majority of the costs associated with their education, since they arc also the chief beneficiary.

Put into quasi-econonuc terms, the marginal utility to society of one additional lawyer is roughly zero (and some wags might argue It ts negative), but the marginal utility

of one additional degree to the individual, namely a JD from U ofT, is aStronomical. \'Vhy then should society subsidize the educaoon of the future well·off? American kids understand this, whtch 1s why they are willing to go $100,000 US m debt in order to finance their education. Those who choose less remunerative posiuons tn government or the public interest receive debt relic( A Canadian institution that expected its students to share a greater responsibilicy· for their education? 'Now that would be truly innovative.

lem. At the last town hall, we had our own rdationship counselor, in the form of mediator ,\Jan Stitt, to preside mu the discussion. Bur of course ,\1r. Srin cannot be there to wander the halls day and night, mcd1ating every interaction rhar goes on, and so the administrators arc going ro ha\e to ger a little more creative. ( lthcr attempts at 'makmg-up' arc also lacking. 'lake the periodic free coffee and donuts C\ cnr~. Sure, the tudl·nts appreciate them. ,\nd we find the filer that they're called 'donut madness' to be kind of cute, actually, and indicative of a friendly and somewhat playful attitude- positives in any rclation~hip. Bur our rc..-action hcrc is the sam<.: as when a neglectful lover sends a dents bunch of flowers every couple of months w i I 1 - }'l."ah, it smells good, but boll!)', 1t ain't automati- enough. cally assume So what? \'\'hat? I hear d1c administrators ir has· the most asktng. \\'hat do you want us to do? We have base motives, and town halls, we meet, we debate, we institute will immecliatcly dis- multi·consrirucncr processes ... parage its intentions.

The thing is, when people decide they realThis, by the way, is the ly like someone, they usually speak of a conexact opposite of com- nection, or a vibc, or of being on the same munication and respect. wavelength. These words may sound silly, but But don't think I'm blanung the they're acrually quite accurate. \X'1th relationstudents. This is a relationship talk, ships, it's not ultimatclr a qucsnon of the parand I'm not here to hurl accusations. \\'hat I oculars (although those are important too)can do, though, is assign responsibilicy·, and what martcrs is atmosphere, or amrudc. And the responsibilicy· for getting us out of this what it takes is an overriding awareness of morass is clearly the administration's. With the other party, and a constant ancntivencss most of the power in its hands, this rela- to, not Its needs, really, but its dignicy·. tionship w1\l always be a little off-ba\ance, ~o, starung this Valenune\ Day, commuand thu., the responsibility cu n:ccitj' n1attcrs

the final document, not the laudable efforts of comnuttee members.

I·mally, impact. The vote spht on faculty council dou marter- not only wtthin the law school community, but also for the larger public debate. ,\ 'consensus' based on ambivalence and doubt will nevertheless be sold to the university, the government, and the public as a nnging endorsement of the report's v1sion.

If you have any doubts - reasonable ones, of course - about the merits of the plan, then you owe it to your conscience (and your constituents) to say nay on February 13th.

at the Univer~icy· of Toronto shall be accessible to the best and brightest students in Canada irrespective of those students' financial wherewithal. Financial aid programs have been designed u.irh the goal of ensuring that all of the Faculcy·'s graduates will be able to make career choice~ based on interest rather than debt·induced financial pressures."

The question to be asked is how well our faculty is meeting its financial aid commitments. Based on what I've seen and heard, the answer is unclear at best and "not very well" at worst.

I say this because no one really knows what effect the 380% increase in fees since 1995 has had on the acccssiblht)· of our law school or what srudcnts decide to do after they graduate. But it seems intuitive that higher tuition and increased debt levels have had a deleterious effect in both respects.

Can the faculty demonsttate that its financial aid message is getting through ro debtaverse potential students? Is the faculcy· confident that career choices have not been compromised by debt loads?

Task force members admit that accessibilicy· needs to be "monitored" and that the back-end debt relief program needs serious rcthinking. This reinforces my bchcf that we arc not currendy meeting our financial aid commitments. \X'hat task force members refuse to acknowledge, however, is that it is irresponsible to proceed with further ruition hikes before the facu!ty has strong evidence to the contrary.

- Ak,,andra Dosman (/)

Editors, The fmal draft of the five-year plan contains notable revisions, mcluding increased funds for diversity initiatives and closer scrutiny of the back·cnd debt relief program. These concessions to the plan's critics do not, however, address fundamental problems with the document - and provide no reason to cast your vote in support.

First, substance. The revised document does not adequately address key concerns of faculcy· council membt.:rs and law students, including monitoring of accessibilicy·, delivery of financial aid, and mechanisms of stopping twoon mcreases should thcy prove deletcnous.

Second, process. Comnuttec members have mvcsted much nmc and energy in securing compromises, but the vote is on

lx:

in the aJr. Yes, relationships arc hard, but it docs seem ltkc we're sruck with each other, doesn't it?

- Richard ,\1elcff, JD /MBA, Class of 2003 Editors,

rucauun and respect, 1f not love, ouf?ht to

will alw-ays sit squarely on its shoulders.

There arc some indications that the administtarion understands there is a prob-

There has been much cliscussion about fmancial a1d and acccssibilicy· in the course of debate over the fi\·c·ycar plan. After sitting on the Financial .\id Committee for two years, my experience leads me to bt.:licve that much of this deliberation has missed the point.

The accessibilicy· of our law school should not be judged based on how many applications and acceptances we receive (''improved }ield rates") as the report suggests. Likewise, the success of our financial aid program is not indicated by how much money it doles out.

Instead, the place to start any serious discussion of these matters is rhc comnutmcnt undertaken by this faculty in its Financial Aid Mission Statement: "To ensure ilivlrsicy·, the Faculty of Law

-Jobn Promrt (III)

OPINION

14

ULTRA VIRES

p<:ople who arc happy to live m and contribute to Canada, and we'll cononue to do that.

Even if there is some threat of faculty defections and enhanced salaries will minimize it, as with all policy decisions there arc detrimental consequences also. The much incn.'ased fees 'W'ill impa.tr accessibility and distort students' career ch01ces.

They \\ill also reinforce the existing sense that we arc nor really part of the pub!Jc Canadian university system or the publtc UniversitY of Toronto. Our salaries are already ~uch higher than those in most other faculties. There is a good argument that many faculty m the university are underpaid gtven their >w'Orth to society.

But the best paid going for even more won't help that situation. We should be working with our faculty association and other lobby groups co restore adequate public fundmg to the uruversity system as a whole.

The push for much higher salaries has been going on for a few years now, and the lack of empirical evidence for a flight to the L'.S. suggests we must ask why this issue has such staying power.

There's another agenda, usually concealed behind talk of our "international" peer group, but now becoming increasingly dear. The increases desired arc much mQrc about recruiunent than retention. \.V..'e can recruit excellent people from anywncre in tnc wor\cl, inc\ucling probably

~orne from the L.S., br offering first-rate

salanes and a wonderful society in which to live. Bur I accept that we do need to pay higher salanes 1f we are going to recruit a lot of faculty from the American

American law schools can't possibly be the best for this part of the world, for they care little or nothing about Canadian law or Canadian society and its values. law school system. That 1s, people, mostly Americans bur others also, schooled in the U.S. and interested in American law and American values. I accept that we need to pay more to get many of them. I don't accept that we need to have them. An article in the last issue of this paper asks: why do Canadians not want to be like the best schools, American schools? It's a good question, but it's based on the wrong premise, the premise that American law schools are the best in the >w'Orld. \merican law schools can't possibly be the best for tlus part of the world, for they care little or nothing about Canadian law or Canadian soctct:y and its values.

There's nothmg really wrong with that, but it makes them inappropriate as the

measure by which to Judge ourselves. And if we do seck to be rccogruzed by them as their peer we can only do so by becommg like them, bemg mtercsted m what they do, publishing in thetr law reviews, going • to thetr conferences. We will rhus become the best American law school in Canada.

I would go further and suggest that, even apart from the fact that Amencan schools are different from us, they are also not m some abstract sense "better". The cnteria that -w'ill be used to judge whether we match up to them will represent only part of what a great law school does.

Publicaoon, conferences, and notoriety, arc good for law schools, but they're not the only thing, and I think we have a better balance between those aspects of the scholarly life and the need to maintain high standards of classroom teaching and commitment to students' education. That balance has been altered over the last few years, it is true, and the trend should be reversed. But aping elite American law schools will only take us further down the wrong road. Like it or not, when academic administrators talk about which schools are "best", they do not refer to irs basic teaching ffilssion.

The draft report actually tries to turn the .Americaruzation problem around and argues that if we don't raise salaries substantially, faculty will \.vri.te for American law reviews about subjects of interest to \mericans in order to get offers from American schools and augment their salar1es here with counter-offers. Clever,

but wrong. For one thing, Americanization will come, has come, much more from constantly comparing ourselves wtth the U.S. schools how many times 10 the report docs "international peer group" turn out to mean Stanford, Yale etc? For another, do we want the kind of people who would do this anyway? hnally, the argument assumes that the tactic always works, but Jt only works 1f the dean lets 1t. Just say no once or twtce, and the mcenrive would quickly disappear.

The issue here IS a large one, about the narure of public educaoon. The Canadian system has always asked students to pay a share (there's always been a "compact of shared responsibility''), because generally speaking, more education translates into higher earning power. But it has also viewed uni\'crsity education, at all levels, as a public good, an<;! supported it through tax revenues - with more taxes being paid by those who earn more as a result of their education. That seems to me to still be a fundamentally good system. The law school is moving very close to a private system, where education is seen only as a good for the individual student and one that he or she ought to pay for. We're moving to a two-tier system, like the U.S., of "elite" schools and others. \ two-tier system will benefit some people, but in the long run will be unhealthy, and will diminish equality of opportunity for all. ]1111 Phillips IS a profmor at the r'ami!J of Lau.~

The only way to achieve our goals CONTINUED FROM "A COMPROMISE," P5 staffing requirements for DLS, a proposal to expand public interest mvolvemenr and a plan to prm,;dc institutional support for students seeking mternational human rights internships. \X'e also heard from many faculty members on the committee about the need to mcreasc salaries.

In the first round of deliberations, we dreamt up what sounded to me like a fantastic law school. Then we pnced it out.

The first budget of our "dream" law school would have put tuition at over

$40,000.

It was clear to everyone on the committee that we would have to start cutting.

The first and obv1ous place to cut was the biggest budgetary item - the faculty recruitment and retention fund (now renamed to add "n.:ward" as the third "R'). There were three options on this Item, each comparing our salaries to those at U.S. schools: exchange-rate parity ($6.25 milhon), purchasing· powcr panty ($4.25 million) and nominal parity ($2 million). \'\'e quickly dropped to nominal parity.

Next, we pared down each of the pro· grams on the srudc.:nr services side. At rh1s pmnt, c.:wn after dramatic reductions, the tuition Implications were too high. The committee ultimately agreed to reduce the faculty ~alary increase to $1.7 million and to commit ro increasing alumnae contn· butions to the operating budget more than eight-fold to 800,000. This is the process through which we arrived at the tuition increases of $2,000 per year, $22,000 after five years.

Once the tuition implications of the plan became dear, the focus of the committee's dcliberaoons shtftcd to ensuring accessibility. M} sense was that maintaining accessibility was important to all members of the committee, but student members wanted greater specificity m the access provisions of the report. Outing the consultation period, It became clear that the desire for greater specificity was also shared by many faculty members and students.

Eventually, the access provtsions in the report were strengthened, largely at the urging of student members of the committee.

The report provides for increased availability of front- end loans and bursaries. As tuition increases, the level of financial aid contribution (currently at 30% of marginal tuition revenue) will increase 1% each year, w 35% of margmal tu1oon increases in five years. Further, the faculty -w'ill ensure that Scotiabank mcrcases the availability of inten.st· free loans. The plan also creates a new bursary program for Aboriginal students. Contributions to the back-end debt relief program wtll be mcrcased ten-fold, from $50,000 to $500,000 in five years, and the pohCILS around back-end debt relief will be clarified so that students can have confidcncL in the availability of funds for debt relief, should they choose a lowpay10g job.

A new administrative po~icion is being created to ensure that students get accu· rate information about financial aid when they arc admmed. The faculty is also committing to update and improve materials informing applicants and admitted students of the financial aid program.

The plan al~o provtdes for the formacion of a new JOint committee on accessibility that will oversee the accessibility strategy. ,\s part of dus strategy the accessibility committee will parttclpate in the hiring of an independent monitor to annually review the accessibility of the faculty. If accessibility is adversely affected 10 any given year, the university would act as an insurer to provide additional funds to the finanoal aid program.

I walk into every meeting attempting to represent ... the "student interest" ... [b]ut the very process of deliberation often requires settling on a middle ground. ~tudents have a right to hold their rt.;p rescntativcs accountable. But student representatives ha\e a responsibility both to the students they rt•present and the process in which they have participated. \s a student member of thls or any other comlnitree, T walk into every meeting attempting to represent my best take on the "student interest", though this is ofttn difficult or impossible to gauge. But the very process of deltberation often requires settling on a middle ground. The n:ahty of student parnc1parion in the current governance structure IS that students

15

Secondary picketing

A plan for the best American law school in Canada CONTINUED FROM "FACULTY SALARIES," P5

LEGAL ISSUES

12 FEBRUARY 2002

arc al-w"ays out-numbered by faculty members. Deliberations arc often very difficult and arumated. In this process, as often is the case, there were moments when faculty members on the comtnJttee were con· frontational and dismisslvl of student concerns. There were sometimes heated exchanges and hurt feelings.

Now that the dcliberaoons are over, I have to consider the report in the context of the process from which it was born.

But I also have to constdcr the substance of the report apart from any general objections I m1ght have about our chosen form of university governance. I have to ask myself 1f tht.;rc 1s enough in the compromise to meet my most fundamental interests. ln tlus process, my fundammtal interest has been to mitigate the potcnoal adverse effects of tuition increases. 1 believe the accessibility strategy set out in the report goes a long way cowards meet· ing this interest. The report is much better than it would have bec.:n but for the active involvement of student members of the committee. I would prefer that tuition not have to increase to the levels outlined. But having sat through a painful process of cutting our proJected budget, 1 do nor sec another rcahsuc way to achieve our goals.

In the face of ristng tuition, however, I am confident we have a strategy for main· raining access. It is for this rtoason I have signed the report and \\ill vote to approve it at faculty council tomorro\\; although I understand that my decision may be unpopular.

C!airt 1limier {II) sits on Fa(ltf!J CotmciL

The Supreme Court upholds right to peaceful picketing beyond employer premises

BY KAYE JOACHIM

Tho

Supreme Cou<t of C•n.da re<encly

issued a judgment upholding the legality of "secondary picketing", that ts, picketing at a location other than the premises of the employer whose employees arc on strike.

The di~putc arose m Saskatchewan where members of the R\X'DSU Local 588 {the "union'1 were on stnke against Ptpn-Cola Canada Btttragrs (lf'tst) Ud. The union picketed some retail outlets where Peps1-Cola products were sold, the hotel where rcphce ment workers were staymg, and the homes of Pepsi-Cola's management personnel. h>llowing some violent and inomidating conduct outs1de the homes of management personnel, the Saskatchewan Court of Queen's Bench enjomcd the union from picketing anywhere except at the prcrruses of Pepsi-Cola. The Saskatchewan Court of .\ppcal upheld the injunction against picketing at the homes of management employ ees, on the basis that the union had engaged in intimidation, not peaceful p1ckcring at

that location. However, the Court of \ppeal overturned the injuncoon insofar as It lirrut· cd peaceful picketing at other secondary locations. The Supreme Court of Canada upheld that decision.

The significance of the deciston lies m the court's reversal of the common law prohlbinon against secondary pickcong (in effect since the 1963 Ontano Court of \ppeal decision in I lmm of lV'oodsto(k Ud. V Goldrtrin, (1963] 2 O.R. 81). Until now, the prohibition against secondary picketing was JUsofied on that basis that the econom· ic harm ansmg from labour disputes should be confined co the actual paroes to the dispute and should not be perffilrted to harm mnocent third parncs who have neither influence over the outcome of the dispute nor the ability to bring 1t to a close.

Although some courts had attempted to avoid the harsh results of the Hmm decision by broadening the definition of "pri mary" picketing and permitting p1ckeong of "allies", in many cases pc..'aceful picketing at secondary locations connnued to be enjoined.

The Supreme Court noted that all picket-

ing involves an expressive component and that to prohibit all secondary picketing was unduly destructive of the value of freedom of expression. The court stated that the proper approach was to view all picketing, whether primary or secondary, as prima facie

The Court stated that the proper approach was to view all picketing, whether primary or secondary, as prima facie legal, unless the picketing amounts to tortious or criminal conduct. legal, unless tht pickering amounts to tor~ oous or criminal conduct. This approach best recognizes the importance of freedom of expression yet limits the econoffilc and social harm that could be caused by pickcong.

Thus, picket line conduct that amounts to a criminal wrong such as assault or intimida-

Mclachlin C.J. discusses the law, her writing, and fur

Studies.

,. la"'1cr Frank McArdle.

Mcl..acblin \!'. a1. case answcrillg a\\

CONTINUED FROM ~CHIEF JUSTICE," P6 the stnppcrs rcporrcdl) told MeT.achlin how she gm hurnul m the coursc uf her tassel dance and displayed her scars as ev1dencc. "l'm not sure that was t)Uite rhe usual fare for the women's page. I was tired of cmcring salad queens and dmry !princesses! and 1 thought there might he some imercsung \\omen's stories there.

And J found some." she says as she stps I rom her tt-acup.

Since becoming Ch1ef Justtcc in 2000, Md .achlin claims that no one has tnken to calling her 'C.J. Mac-1..', alrhou~h she has tnhcntcd a lll'W nickname. "When )OU become Chief Justin-, It takes some getting used to. Thl'Y start calling you 'chief' and y1m look around and look for thc chicf and then )OU say, 'Oh oh, it must be me,"' sht• says foJII)Wt'd by a loud chuckle. 'lbc eldest of five childrt'Jl, .1\lcl..achlin \\'llS born on Sept. 7, 1943, in a small Alberta town. Her frit:nds and collca£\1es have sa1d that ~lcl..achlin ts still as hum ble and unpretentious as she 'l.l.'llS growing up in Pincher Creek, a community of about 2,800, in sight of the Rocky Mountain). J icr mother was a houscw1fc and her father 'l.l.'liS a nunistcr, but later went into bustness and ran a sawmill.

After graduatmg with .10 honours dq~rce 10 philosophy fwm the Univcr~ity of ,\)berra, she wrote to the law school to inlluirc about the1r program. With hghrning speed, the dean wrote back wtth some answers and a letter of acceptance - despite the fact that shl' never even applicJ. ::ihe accepted and three years later she

cion would be prohibited. For thts reason, the court upheld the injunction against picketing outside the homes of management personnel, because the evidence demonstrated that the conduct engaged m went beyond peaceful picketing and amounted to intimidation. Similarly, picket line conduct which amounts to a civil wrong {tort) such as trespass, intimidation, defamation, nui· sance, misrepresentation or inducing breach of contract, -w'Ould also be enjoined. In this case, the evidence did not demonstrate that the pickets at the retail outlets o r at the hotel where replacement workers were staying went beyond the permissible limits.

The decision is significant on several levels. First, in the labour context, it increases the ability of a uruon to communicate its views of a labour dispute and exert economic and soaal pressure beyond the loca· tion of the pnmary employer. Second, the court has confirmed that the common law must be interpreted to conform to Charter values and in a manner consistent with Charter guarantees.

K'!)< Joachim i.r Assistant Dran of GradMatr

qucsoons,

reg~UXlkss

of w:hcchcr cht:)

iltT:

fluff or H·rious, but she is ll(Jt afnud to offer no comment. t\sked about Bill C36, <he "\nuldn't comment spcctficallr on the anu-terrorism act, notmg that tt could come before the court for a detcrminanou on constiturionalll). But speak ing more generally, ~he says that the JUdt cary has to remam vJgilanr 10 safeguard mg our ovtl hbernes. ''\\;c ha"e to be sure that we prescne (our] ri&>hts and freedoms because that's what our democracy is founded on. \Xc \\1>uld perhaps wm the battle but lose the -w~.tr if \\e distorted our freedoms and nghts in order to buy us sccunty," Mcl...achlin says. "The challenge is to find a way ttl maintain our rights and to ensure sccunty, which is the basic human

right."

The Chief Justice politely drinks her "tea" while answering Samer's questions graduated with the gold medal RLminiscing about her law student days, Mel .achlin sars that she was very studmus and a litde un-w'Orldly. "I d1dn't really have a :-ophisocatcd idea about what the law was about in actual practice but I really liked studying the la-w a lot," she say:;, sipping somt~ motl' from her teacup.

After gtaduating, McLachlin was called to the .Alberta bar in 1969 and the B.C. bar in 1971. She practised with several ftrms after graduating, and taught law at the U111Versity of British Columbia until 1981.

Her rise through the court system has been meteoric. She was appotnted to the County Court of Vancouver in \ pnl,

1981, and to the Supreme Court of British Columb1a in September of that }car. She was appointed to the Court of Appeal of Briosh Columbia in l'J85 and was named Chief Ju~tice of rht• B.C. Supreme Court in 1988. A ) car larcr she was on the Supr~me Court of Canada.

One of the biggest influences on ~1cl..;tchlin was her first husband, Rorr. who encouraged her to go to law school and was very supportiw of ht·r career.

She was devastated "hen he passed away from mouth cancer in 1988.

••without hls infusions of contidcnce I \\'OUid nc\·er have believed I could have succeeded m the male-dommatcd lc!,ral profession," she told The Guardiatt years later. She has smcc married Otta'l.l.'ll

Md..achlm also declined to comment when asked about the delercrioll!' effects of nsmg tuition fees on the legal system. :ihe s:ud she was uninformed about the dean\; five-} car plan and was not 10 a position ro giw an opinion.

M.indful of the time, or perhaps want· mg to avotd questions about topics she could not comment on, McLachlin puts down her teacup and ends the intcrvkw m an abrupt, but polite manner.

After she: ha.<; left the room, I come to the realtzation that McLachlin has either mcred1ble tact or very fL"'!.' funcnonal taste buds: on closer L'ltlliTlination of the tea urn, the UV photographer and I rt.'all?.e that instL-ad of tL>a, we had served her hot water tinted wttlt the residue from a previou:. pot of coffee.

LOVE & DIVERSIONS

16

ULTRA VIRES

get

alH?J !:!R2o~ 0 S C 0

P ES

Aries (21 March - 20 April) Fiery, strong and ambtoous, \nans are best marched ro patient and adaptable partners, says Pamela -\.llarclicc, astrologer cxtraordinaire. \X'hat this really means is that the headstrOng Arian doesn't think he needs anybody and is best marched to a paicnt and and adaptable doormat. If Mr or :-.f1ss Independent Ancs comes your way, hand him or her a flyer for Walmart, opened ro page 5 - doormat!> on sale this week for $4.97. If you arc Mr or Miss Independent Aries, ask a fe\\· leadmg questions on the fi~r date. If your gal or guy balks at the idea of knitting you an angora sweater, or painting your new apartment, they aren't for you. Valentine's Day prediction: if you are in a relationship, you will demand chocolates and flower.; and as usual, get them. If you arc smglc: thts isn't your yt.-ar, babe.

Leo (23 July - 22 August) Magrufic1enr and regal, Leos naturally attract many admirers.

Decisions, decisions, eh Leo? Outgomg and loud, you need a partner who will not be mnnudatcd by your roanng and manc-shakmg. Choose someone strong and secure m themselves. But watch out Leo, your pndeful nature may make you overly concerned \\.-1th outward appearances and ~ocial scatus. Th1s can be especially bad for males who will someday be la"W}ers - if you don't find a quality gal now, you may fall prey to a trophy "W1fe with lors of blond hair. Pretty?

Yes. Tanned? Yes. \ long and happy marriage of full of mteUecrual stimulation and mutual respect? 1\fmm, not so much. Valennnc's Day Prediction: Your taste for glitz and glamour will be fu6Ued. Your date will not only cake you to Harvey's bur will pay for extra Frings. Yummy.

Virgo (23 August - 22 September) Taurus (21 April - 20 May) Should Virgo the Virgm rcally celebrate Valentine's Day - a dl\y Stubborn, stubdedJcatcd to crone lust and carnality? Of course she should. Let's born, stubborn. nor forget the most Ideal form of love - pure and unadulterated by The only parmer base yearnmgs. Virgo is often a perfecti.orust and actual realtionshtps may suited for you is seem hornbl} corrupt compared to her chaste imaginings. Yrrgo ts happtest the one who will "·hen he or she has a crush on someone in his or her mind the object of be able ro change your mind devotion mar be elevated to ncar perfecoon. with subtle and wiley ways This beaunful illusion \!,ill of course be shattered i.e. the one who will let you think you\·e "won" the the mmute Virgo hears his or her new lover argument. Is law ~chool really the place for you to find burp for the first time. "Icky," says Virgo. Virgo, true 10\·e? Ko, of course not. The Ia""' student in a you must realize that the one you love 1s only \over\ spat, as in every aq,>umem, needs to "'in every human. (If they arc not human, you must rcafue point. Mootcr~ arc the ·worst choice for you. Your best thts is punishable by up to 10 years 111 pnson bet·~~ m ~tart going to Pro-fac parties and wooing the under the Criminal Code). Valentine's Day H1cd. ~choo\ ps)"chiaui.st-t)-pes. Thc)"'ll tame you vmhout knmv, ~ou \<.now ~our \ron will\, been compro1>red.tciton: .\ suitably cha5te dmner Wlth the

Sagittarius (22 November - 21 December) Sagtttarians arc the most likely of tht signs to ltve alone. You have high standards and demand great discipline from yourself and others. You arc unspanng in your judgment. You are all about bringing back hard labour tn the penal system Put a tittle love in your heart, Sagittarius. No one likes to be remmded of their faults and no one likes it when you hold a grudge. If you arc not able to make these changes m your life, you wtll end up a miserable and lonely old person. Even your cars will run away from you.

On the bnghr side, if you learn to be more forgivmg, one or two cats might scay around. Valennne's Da} Prcdicnon: Picture it: a dark bar, lonely people hke yourself feeling miserable on Valentine's Day.•\ b<.-aunful stranger, a shared cigarette. Looks are exchanged, and latcr phone numbers.Oh yes, my dear, you will p1ck up.

Capricorn (22 December - 21 January) "'Jimble like the goat that symbolizes your sign, Capricorns can easily overcome many obscaclcs with grace and ease. You also have a small white beard and likL to cat on cans, but these arc only dccails that any worthy mate will be happy to overlook. You need someone to encourage and support you, to remmd you to look before you leap. Love comes easily and often to you. Large families and several marriages arc typical of your sign. You tend to focus on the short term goal, forgetnng to think ahead. Be careful, Capricorn. That cute snake rattoo on your current partner's head is cool for now, but what will your family photos look like in 20 years? Sure, he's a bassist m a really cool band, but what will he contribute to your RRSP? Valentine's Day Prediction: I sec green fields and maJestic peaks - perhaps a surprise holiday to a mountain top getaway? o, a "Sound of Music" re-run and a snuggle on the couch. It could be worse.

Aquarius (22 January- 20 February) \llardtce calls the \quanan "popular" and the "archt)-pical good friend and all rounder". While many experts ~ay that the bc~t romances stan with friendship. those experts arc wrong. Pla1·ing ar bcmg :t "good fnenJ" wtll gcr you rni"·t!. , I hhh b!J,.,, \ .JkntJnL \ D.l) prcc.ltction: Tile curie frmn your sn1<11l group. Follow<·d 1>1 a cold, nowhere. The secret crush you develop on om: of your buddtcs will cold shower. . crystal ball is cloud); bur there arc sc4wns and rassles come ro nothmg. They "Will cry on your shoulder whcncver they get involvl'd. their heart broken, they may e\·en make out \Vith you after a drunken part)'. But they will laugh about it the morning Libra (23 September - 22 October) after. They will gtve you a chuck on the shoulder Gemini (21 May- 21 June) • Librans can wetgh both sides of the argument. This and Sa}', 111\rcn't \"OU glad there's no tension n, namtc and flamboyant, your natural flair \\ill is great for writing an Admin cx.am, but less advantabetween us?". Don't be glad, ,\quarius, be mad. attract man} partners. While this may an asset for geous when applied to real ltfe. Always thinking, you often paralThey're using you for your generous spirit. If Ron Jercm}; It will m fact be the biggest hurdle the yse yourself in inacnon, unable to decide what path to cake. you want some actton, play it cool. Valentine's Gemiru "ill face in trying to suscain a long-term 1 \\ hile this Hamlet-esquc pose may have worked in high schoo~ Day Prediciton: Smcc this is my own sign, I prerealrionshtp. \\ hilc you dt!mand your partner to be you've now turned from a dashmg l.awr<.ncc Olivier to an aging dict flowers, flowers and more flower.;. I predict faithful and attentive, you will ditch them at parries to and over-acting Mel G1bson. Love is say;ng "yes", it is taking the a nice fat diamond ring and serenade from a make eyes \\ith the latest hottie. Tsk, tsk, Gemini. You plunge and giving yourself over to the delight of the unknown. will only get back what you put in. To sansfy your Mariachi band. You better read thts, George.

No doubt there ts someone out there, wamng for you to make wandenng eyes, attempt to cliscover new things about up your mmd. Abba said It best: "Take a chance on me". Take a Pisces (Feb. 19 - March 20) your current partner. They may have an Interest in chance on love, Libra. Take a chance, cake a chance, cake a take a rock·dimbing you never knew about. They may know Well, well, well, you thought chance chance. Valentine's Day Predicnon: You will spend four you'd play hard to get and now how to cook. Or, they may stmply have an unnatttac· hours in SWAK looking for JUSt the nghr card for your honeyrive third rupplc. It's worth the risk. Valentine's Day you're not getting any. Hey, bun. It's all in vairt, Libra. Spend more time on convincing him Predtcrion: the keyword is "Explore." you have no one to blame but yourself, or her that edible underwear really IS "classy". you're m law school now and such chilclish

II

..n.

-

Cancer (22 June - 22 July) Mcxxi}· and sensinve, Cancers reqwre understandtng partners who know ho\\ to laugh. If you feel threatened or insecure you will, like 'the Crabby Crab \Vho gwdcs your sign, r~trear into your sheU and scuttle off quietly.

But runnmg awar won't solve your problems, Cancer! Next time ~omething your partner says bothers you, calk abour It. Sure, n may blow up into a horrible argument over somethmg stuptd but my sources tell me that making up after a fight is half the fun.

Valentine's Day Prediction: The· dream date you've always fantasized about wtll finally come true! Lmle angels playmg uny harps will Citde your head as you gaze into your lover's eyes. Your heart beats. faster and faster as he showers burning k.Jsses on your neck. And then ... oh waJt, sorry, that's the romance novel I'm reading. Your \alennne's Day will consist of canned tuna served on a bed of Ramen Noodles. You will cat it alone. And no one will call you.

•

TQ

Scorpio (23 October - 21 November) Pamela Allardice says you arc the "sen sualist" who revels in "food, wine, art, and music and fine ltnens". Valentine's Da} was made for you. Your sensual tastes may be put to good use on this day. You will seduce your beloved with chocolate and candles, flowers and candy. Your penchant for "fine linens" will also come in handy, but only if the dinner you've planned goes reaUy, reaUy well. Most likely you wtll be the one planning the day for you and your boyfrtend or gulfrtend Scorpios hate letting other people be in charge. Keep your temper in check, and choose your battles carefully. Don't be upset if not everything goes accordtng to plan.

After all, spontaneity is the soul of an exciting relationship. Valentine's Day Prediction: Things will begin well but the evening goes terribly awry when your date reveals some unfortunate decails about his or her past.

Don't be too judgmental, Scorpio. It's not easy to get into U of T on a baton-twirling scholarship.

playground cactics don't work m this mature environment. If you keep up this attitude, you're gomg to find yourself worktng until midnight at some meaningless Ba) Street job, coming home to a condo full of cats and frozen TV dinners with Conan O'Boen. Ask yourself, is this ho\!. I want to end up? Take a long look in the mmor Pisces, shed the facade and be honest. It's not too late, you soli have your youth, so stop playing games and make an effort to change your ways. You've been masking your fears and insecunties with jaded sarcasm and angst, but take a chance, open yourself up to the world around you and let your heart race like a giddy teenager.

Valentine's Day prediction: the power is yours, seize the moment.

- Brtnda appartiii!J didn~ tbink Puas duervtd a

horo1rope lhu month. Emi!J Male ftlt Jorry, and provided one htrst!f.

LOVE &DIVERSIONS

12 FEBRUARY 2002

17

UV's anthropologist finds law studeots wary of legal Iovin'

BY DR. W.B. FEUSSY

Subjects seem excruciatingly reticent to display their emotional connections with one another, or indeed to reveal any genuine emotion whatsoever.

I •fih .\1011/b: I <leis, ca11sts, a11d the Botg i11msio11 ...,ltnng in the Rowell Room the othcr day, nonchalant!) observing my subjects at rest, I pcnned the foUowtng: "But for the rcstricuve covenants on which law school rclationshtps arc founded, woukl elimination of the parol eddcnce rule provide an l'ffic1cnr warrantct· of a subjective defense of contributory negligence? .\lust rcread lmaf.,>in<tr}" Rand."

This indicates three distinct and disturbing issues: first, 1 have unconsciously internalized the Idioms of the 'law school world'; second, I must now question my pure objecrivit) as a reasonable observer; and third, I just don't get factual causation.

Ltgallovin' I scand by my earlter obscrvaoons about law school love. Subjects seem excruciatingly rcncent to display their emotional connecnons with one another, or indeed to reveal any genuine emotion whatsoever. Do they perhaps fear judgment from their peers and superiors? Or recoil at the thought of acqwring 'star' scatus in locker goss1p sessions? I must invesngate the root causes of this phenomenon-and be espeoally watchful for any alteration of the asexual norm during the 'chocolate hearts and pink cards' fiesca in honour of Valentino.

Homt invasion Subjects' reaction to loud outsiders indicates a stronp: collective disrasre for dissent. 1~'\st week, the presence of non·la\\· U of T stu-

Anxious about interacting with each other, but unable to break away from the group, 50 law students stare, in unison, at a showing of... Bring iJ On. dents protesting high tuition fees caused considerable alarm in Flavellc House.

Caught off-guard by the sudden arrival of hundreds of their cousins, most subjects retreated to the safety of their classrooms and offices, silently hopmg the unwelcome guests would soon get nred and go away.

Unimpressed at their hoses' lack of grace, the marchers did indeed march onalthough if I'm not mistaken, several subjects broke the unspoken code and joined them. (Or so I hear; I myself was busy parsmg the intricacies of easements.)

O!Jmpian hurdlu

llypothcsis #1: Secretly, all subjects wanr to

be Olympian gold medallists.

Hypothesis #2: None have, arc, or will be.

Hypothesis #3: Their leaders have there fore created an intra-commuruty ride of 'gold medallist' so as tO channel subjects' covetousness back to the pursuit of legal stardom.

faceless crew member who can only watch as a Borg Cube approaches the Starship Enterprise. Riker is busy prett:nding noth ing unusual is happening; Deanna has retreated to the Holodcck; Data is distracted \\ith complex risk ·anal\'sis; La Forge is dcpres~ed. Only the Docmr calls for action to fight the imminent calamity, bur no one listens ro her because she only ~as two dots on her collar. \X'here, oh where is Captain P1card? .. . \nd then 1 realize the terrible truth: the Captain has alrtady become one wtth the Borg! (I awake, shaking wtth fear and anger, as he reaches out to asstmilatc me ... )

Tht but of the but of the but?

Durmg these last weeks subjects have been inundated with repetitive Q 'n' . \ sessions about the 'five-year plan', and most now evidence fatigue at its mention. Much seems to Drtam ana!J!is .\!though the method departs somewhat turn on the meaning of 'excellence' at planfrom professtonal orthodoxy, I have come related meetings, and on this point I confess to believe that analysmg my own dreams can a cercam confusion: surely 'excellent' refers provide valuable msight into my research to the free lunch? Now that this particular community. In the following dream, which perk has been axed, l fear the community has recurre~ nightly since the 'ftvc-year plan' may have to forge consensus on the meanwas tabkd. I play the role of a Yoicclt•ss. ing of 'IJnda l~me'.

Against love: the idea of bedrooms

BY NOAH GnTERMAN

Alright, fine. I'm not actually against love.

Love's great.

Really.

Go, love.

I do have a theory about love, rhough. I developed this theory a number of years ago. People, however, seem to hate it, so I am sometimes reluctant to share it. It also makes me sound kind of like a dork. But I persist. Indeed, I feel obligated to enlighten. For this isn't just a mere notion or thought - it's a revolution almost, and it's going to sweep the nation (soon, 1 can feel it), and it's also going to save love and marriages and all long-term live-in relationships.

The idea?

Separate bedrooms.

Yep, that's right. Two people, living together in perfect harmony, in the same house, but (oh, that most caboo of caboos) sleeping in separate bedrooms. "low, when I bring this up at parties or small gatherings, many assume that the justification for separate bedrooms must rcvolve around notions of privacy and comfort. But I don't want to engage in a debate about whether it's important for

live-in partners to "have their own space", as it is often put. I agree that, if accepted, such a proposition would necessitate only separate studies, or workshops, or space in a closet or something. Issues of comfort ("I just want to get a good night's sleep") arc also quite uncompelling when set agrunst romannc notions of true love.

Instead, the idea 1s better placed as a reacrion against the marttal bed (or joint

As law students and lovers, let's unite, in the name of good relationships.

For law! For love! bed if you're not married), something which in the past fifty years has become an mstitution in itself.

But I should qualify the idea here before I get further into my reasons.

First, separate bedrooms do not mean you don't sleep together. In fact, you are expected to sleep together just as much as, or even more than, if there was only one bedroom. But the two bedrooms must be there, separate and complete, wtth all the furnishings.

Second, while the idea sounds insensitive to people who earn lower incomes, it isn't. This argument is not about equity or justice. If we decide, however, that people deserve separate bedrooms, then we as a

societ)· can work towards a future where this need "Will be satisfied for evcyone.

Until then, and seeing as I am trying to get this revolution started, it seems like a good idea to go to la\\' students first.

After all, according to Professor Macintosh, 60% of us will be <.-arning between $500,000 and $1 million per year shortly after graduation.

Now back to the justification. The obvious problem w1th the single bedroom is that it's a default position, and so you stmply fall into it automatically. This acru ally works against love and romance. You hat't to sleep together. There's no cho1ce.

Dysfunctional relationships can in fact go on for years based on this scate of affairs.

Separate bedrooms, in contrast, keep the romance alive (theoretically, of course.

I have not yet been able to convince anyone to try this out in practice). Everyday, you are obligated to make the effort to he "'ith the person you love. You have your bedroom, and your partner has the other.

So tf you want 'em, go get 'em - but you can't just fall into it, or simply expect it to happen.

Thinking about it more, this idea strikes me as exceedingly appropriate for law students. Because what it docs, in fact, is set up a process for love. \nd law and procedure, as we all know, arc quite closely related (maybe even one and the same).

Thus, if we think love IS worth protecting, we should all be in support of separate bedrooms. As law students and lovers, let's unite, in the name of good relationships. For law! For love!

erie ce The Best ofBoth I#rlds ...

Offuing tht broad range <fexpaienct ofa largtfirm, with IM hands-on approach ofa strUJUfinn.

Coni4Ct Pttu C. Stmszynski, pstraszyns}ti@torltinnuiMS.tom ....., • ..._. www. wrltintrUJtllt.com

1500-151 Yongdtreet, Toronco ON MSC2W7 Td (416) 863-1188 Toll-free (800) 665-1555 Fax (416) 86}.0005 E-mail info@torlrinfltllrta.CDm W.,b U~WW!Mrinrll<lrta.n>ftl

-

ULTRA VIRES

DIVERSIONS

18

The Great Northern Burrito Hunt

BY JESSICAAMEY s a recent San Francisco transplant, I

A

was pleased to note upon arrival that 'Jim>nro has many things to recom-

black and/or pinto would be nice, but I'll settle.- for rcfried. 4) ~feat. Carn <.; asada, shredded chicken, etc. 5, Salsa. 6) ~our cream and/ or guacamole. \\ uh regards w the saba and guacamole, 1t would be great if tht:} were fresh, however I wul happily entertain thc.:ir pre-made counterparts given geographical and/or seasonal constraints.

Said burrito, when complete, should be at

mend it, mcludmg an extensive selection of eth nic cui inc. I haw been particularly impressed b} the.· \\underful and cheap (and wonderfull} chc..-ap) Vietnamese places, the fact that there's a decent Indian restaurant on every sc..-cond block, and by the excellent cuhnary reprc.cnration from Cen tral/South So traumatized was I by the ,\ mcnca and the Caribbc..-an. G rven that r han• appan.:ndy landed in a n:ritablc multi- "meanest burrito in T.O." that on cultural horn of plenf)~ I am aggrieved to my way home I was forced to report that California's most important conswitch cultural paradigms altornbutiun to Mexican food - the burrito appears to haw eluded successful inrroduc- gether and sample a large non north of the border. wedge of baklava.

Perhaps a hrrlc anecdote is rn order, to illustrate the exact narure of the p roblem.

Several weeks ago, inspired by my stomach and \\ith time on mr hands, I undertook a least the size of your forearm and weigh field trip to a p lace scn·ing what an about as much as a small raccoon. Bur let us unn;tmc..·d independent weekly promised to continue v.ith our srory. .. j ,\fter perusing the selection of tortillabe "the meanest burrito 10 T.O.". The wrapped rrears I located my grail, something \\'C':Ither has been cramping my C\ sf)·le billed simply a~ a beef burrito. I relayed my lately, but my heart was warm with anticipachmcc to the dcfmitely-not-e,·en-vaguelytion as I tr:wcled via a convoluted sequence f lis panic counter-person and watched in of public transportation to my destination on Queen St.\\~ Granted the establishment mute horror as the following scene unfoldin quesuon v.-a~ named "~Y Subway", not ed: l·irst, the gentleman in question entirely promtsmg for a suppo~ed taqueria, removed a Tupperware container of unseabut at \cast tts namesake was a few \ong\tu· soned grouml beef from the fridge and dina\ ~\atitudina\:- v.hatcver...) degrees in the mtcrnwavcd 1t to v.·ithin an inch of its life. nght dtrccnon. "~\ mm mmm", thought l , ;\s \ \e th~.:n sprinkled the warmed meat prod\ headed m the door, "ho,,· 1 will enJoY this uct on an unhl·atcd toru\\a, "\vhich he promt·an ,1/lcl W~IJ' burriw for dinner." . ccnfnf to doust.• f1berally 1n 'J:rbasco sauce ,\ly first \\':lrntng of rhc traYcsq: that lar am.l an orange coloured creamy concoction ahl-ad was exhibited tn red letters on the that looked like ~fcDonald's special sauce menu board. There is a problem per~isrcm but might well have been rancid mayonamong Canadtan eating establishments naise. On top of this he paned some shredwhereby anything wrapped in a rornlla is ded lettuce and slices of pale tomato, called a burntn :-\Y Subway was no differ- whereupon he rolled the whole affair looseent and thc..'lr offcnngs mclude such profan- ly and presented thts minor atrocity to me ities as potato and sptnach burritos, Chinese on a tray. Jwu II. Christ. \Vhcn I recovered vegetable burntos, Jam:ucan jerk chicken enough to spc..-ak, I \\'as able to ascertain that burritos ami satay chicken burritos. {Before ther~ were no b~ans, nee, salsa, guacamole, we go any further, and at the risk of writing or sour cream anywhere on the premises. off some perfectly edible burrito derivatives So traumatized \\'aS I by the "meanest such as those above, let me enumerate the burrito in T.O" that on my v.-ay home I was consrirucnts of the Platonic bur rito form forced to switch culrural paradigms altothat I seck: I) Hour tortilla. G rilled rather gether and sample a large wedge of baklava than steamed, please. 2) Rice. I'm not roo (which , thank god, \\'aS very well executed picky in this regard. 3) Beans. ,\ selection of and saved the evening from complete rum).

More Not-So-Real News

Ft."ar not, lopl \\1tncsses to mr quest, I am down but not out. \\"hile I will never ever again make the mistake of ordering a burrito here sight unseen, I intend to hit every purveyor of Mexican, quas1-MeXJcan, TexMex, Southwestern and Califorrua cuisine until I find a goddamn edible specunen in this ctty. Suy,gestions and dmner dates gratefully accepted. !Mmd you, at least Toronto has fresh tortillas ar irs disposal - in Calgary, if you make

the mistake of trying to purchase tortillas at the closest g rocery store to my parents' house, you get a box, witlun which IS a foil pouch containing 6 teacup saucer sbed tor tillas. These have been treated with a powdered preservauve des1gncd to ensure that they would remain edtble in the event of, say, a nuclear holocaust. I lod you nor, the ones 1 examined this summer were due to exptre, accordmg to the box, in 2005.]

How are we spending our financial aid?

30'}o food 25%, tabs, high-lighters ~tnu photowpics 25% portable hcanng dcvicr.s for the library 20% laptops 10% trying to be heard 5% :;loppy arithmetic

• Jtrpbm Parks

A French-language interview for Radio Canada recently overheard at the law school

BY JOHN PROVART, ADRIAN Dl GIOVANNI, SIMON PROULX, STEPHEN PARKS Reportl·r: 'Scusez-moi, j'aimcrais te demander t)uclques p 'tites quesnons.

SruJent: <)uai, pas d'problemc...

R: Qu'est-ce qui pas~c 1ci au Canada a\ ec k'S frnis de scolaritc ?

S: Mets·en, cya'a aucun rapport.

R: On sau que lcs Blokes tci aTonmto croicnt pas aux meme valeurs que nous, (jUt' \'education est un bien public, mais tu trouves pas que c'est n:ndu un pcu cxttcm~.: ? l.es Anglais Ia, y Jis~.:m tOUJOUrs qu') som pas cwnmc lcs \mcncam s, n1<11s ia 1c \"ois p;~s la J,t: terence.

S: \'oyons done. Y pement yu 'on va tous travmllcr pour des gros cabmeb nmcricains. Et Slmonac, avec ces crisses de frats, on \·a ctre obliges de I' titirc R: ht toi? Qu'cst cc que tu vas fatre aprC:s tcs etudes ~ S: ~lot, je vais trav:uller pour un cabmet dit ~<nationab> sur Bay. lis voulatcnt m'engager parcc qu'il n'y a personnc Ia qui parlc francats. Une grande partie • de \curs affaircs consi~tc a appclcr et menacc.:r des p articuliers yui doivent dl· !'argent aux grandcs banques canadicnnes, et ils ont bewin de quclqu'un pour lc (~ucbec a1()ron to.

R: C'est quand mi:·me asscz intcressant comme affaire:. Mais on m'a dit que le recrutement pour ccs gros cabinets est ben stressant.

S: Je trouve lJlle c'est pas mal. lis no us ont fan un p'tit part), mais calven c;a finissait ii deux heurcs ! Et c'est VtaJ on dcvait fumer dehors. (;a n'a pas d'atlure. Cepenuant, le sushi n'c taienr pas mal.

R: ~krct bcaucoup pour ton temps.

S: Bienvenu.

Interview tips. Simple. Log on.

Students paint posters in preparation for "Prof Aid"

Town hall meeting sparks relief efforts by students

BY MAGGIE WENTE, lARA TESSARO, PAULINE ROSENBAUM, MINDY NOBLE Law students arc flocking to assist impoverished professors after their abysmal living conditions were revealed to students at the town hall organized to uiscuss the Provosnal Committee's five-year plan. .At the meeting, professors, one br one, divulged the shocking consequences of their low salary levels. "It is extremely hard to raise your children with a decem standaru -~~ of ltving m a city as expcnstvc as Toronto," one professor said to a packt·J Bennet£ Lecture llall. Gasps were ht·ard ;1round the room as the hidden tragedy was revealed.

"It brought a tear to my eye. If it's so bad here, think of what the faculty at Osgoode goes through. For God's sake, think of the cluldren," pleaded a first-year student.

Students immcdiatcl}· convened an emergenq meeting to consider how to aduress the problem, culminaung m a campaign called "Operation Infimtt Salaries".

A student coalition has arranged for food hampers from Pusateri's as an interim measure until annualized funding can be raised.

Food uonations will be marched lobster tail for lobster tail by several downtown law firms. Initially It was believed that delivery of the hampers would pose a difficulty for students, who do not have cars anu already carry the weight of thousanus of dollars of debt on their shoulders. Hc>wever, students discovered most profs' houses arc located close to the school in the Forest HillYorkville- Rosedale triangle.

The campaign will be officially kicked off by "Prof Aid", an annual benefit concert to be held in t-arly April. Hc..-adlining this yc..-ar will be Canadian sensation The Barenaked Ladies, singing their wistful hit "If I Had a

Million Dollars". Tickets wtll be $14,000 each, (slated to rise incrementally O\U the next five years of the event to $22,000), with a discount for those who can donate used Upper Canada College and Branksome Hall uniforms. It is hoped that as ticket prices increase, the concerts \vill be able to feature more rop-qualif) rockers from south of the border until the mustctan to concert· goer rano reaches 1:9.

The Student Public Interest 1\,ctwork announced that next year's confl:rence will address the theme of "Poverty and the Law Professor". The kc\·n<>rc addn~s will be delivered by former Harns gm·ernmcnt Mimstcr Dave Tsubouchi, who v.ill coach professors on the savings to be had 10 bu} mg bruised organ1c produce and 1\.ew \\'orlu wines. Other panels will be ntlcd "SurviVing on SIX Figures: Flirting with the Poverf)' Lme", and "Doing Right by Your Ktds on a Budget: Cello or Ballet Lessons".

Responding to concerns that similar sru· dent efforts at McGill and Monash University had failed to provide adequate as'sistance, one professor stated, "This is not about greed. Public interest should not mean private hard-hip. A culture of entitlement must be fos1cred from the top down, and paiu for fn >m the bottom up."

Professors arc said to be heart·\Varmed by the srudents' efforts. One grateful faculty member commented, "I appreciate the srudenb taking extra loans to fun<.! this important initiative. Thanks to them, I won't have to rely on corporate consulting fees to get three square meals a <.lay. My kids will no longer suffer the embarrassment of being dropped off to school in an aging Jag. As God is my witness, I'll never be hungry again."

L F.NCZNER SLAGHT R OYCE SMITH G RIFFIN

Dean's drop-in cigar sessions The Jean announced a new program to increase his acceptance among the ~ru­ dcnt body. Citing the perpetual mass of student smokers who huddle 111 the col<.! just outside the doors of Jilm·clle and I ;alconer, the dean h:ts set astde an hour a week during which the ~tudents can drop by his C07.)' office and smokt· cigar'.

During an in·camera intervic\\; the dean stated "If there's one thing I ha\·c noticed, it's that students arc suckers for unhealthy pastimes. The.]' like the high life, smoking, drinldng, fancy 'wts. lap· tops, overpriced coffee and pa~ttil·.s. So to ~how them what a high roller 1 am, I'm gomg to give them what they era\ c."

- Sttphcn Parks

Macintosh adopts new

user-pay policy 1\t last week's faculty council meeting many srudent~ and faculty got thCJr first view of clush·c Professor Jeffrc} Macintosh.

"Oh, that's Maclnto~h," remarked Penny (III), "J'd heard about him but because he's ne\·er aromld I figured he was make-belie\ c."

In related news, Professor Macintosh b~ucd a pres~ release followtng the meeting announcmg that he would start chargmg user fees for :;uch sen1cc:. as answering questions, readmg facta, and guding exams. "I believe strongly in soctal justice," explains l\faclnto~h." and I think it is immoral anu unpnnc1plcd to continue subsidizing free-nding sn1dtnt curiosity." · ]arob Gluk

Next SLS Pub to be Faculty Ladies' Night In response to the underrcprcsentauon of smart ami sultr) faculty at SI~ Pub nights. the next SI~-; Pub Ntght will fl:ature tequila, little umbrellas, and an open bar for female facult)· memhl·rs. Dre~s to impress. -St&phm Park.r

BAJUUSlU.S

For infonnation about opportunities for a student to learn to be an advocate see our website at www.lsrsg.com

joinblakes.com

or MONTR~AL

OTTAWA TORONTO CALGARY VAN COUVER

19

DIVERSIONS

12 FEBRUARY 2002

LONDON

BEIJING

contact Perry Hancock, Student Co-ordinator at ( 416) 865-3092, e-mail phancock(a)Jsrsg com SUITE 2600, I )0 AllUAIO£ ST11EET WEST, TootONTO, ONTAOIO, CAI<..OA MSH JPS T!luttONE (CI6) 86S-9SOO • fACSIMJL£ (CI6) 16S-9010

Faculty loses star striker in lopsided trade The Urun:r.my of Texas Facult) of Law recently picked up star strtker hd Iacobucci for a reported $25 million a

year. Howc\cr, lacobuco sprained Ius ankle and will spend the sca)on m Chicago.

The University of Toronto, desperate to .tvnid relegation from the Premier L<"ah'1le, picked up .l first round draft p1cks m return for ll·tting Jacobucct go.

However, bookmakers ha\C low confidence m the move. They fc..:ar that the faculty's masterful midfield and solid defence \\111 not suffice tn put the ballm the net. \'\'ithout the law & cconmrucs flair of a ;\faradonna or a buddmg ,\lichacl Owen at the from. the tc..-am will nc..•ver advance. - Jttphtn Plll'h

Chief Justice resists smiting law student

,..

Stcpht.:n Parks (III) was arrcsteJ for giVmg Rev a hip-check while cxittng the gauntlet of the post-lecture reception Beatticl· van D1jk (Jll), a v.1tnes~. stated "Stephen should haw cra\\bl under the rabies to get out. like I did. He's just lucky ~he didn"t smttc him on the spot."

. Sttphen Plll'k.s

Dean endorses GRADitude gift, donations faU to zero \t a town hall mectmg \ast week Dean cndor~ccl rhc • u ; 7R ll)uud'' gift."/ thmk it would be.: great," explainl·d lkan Ron D, "if we had a fund for .;rudent confert.:nces."

Upon hearrng this great news GR \Ditude co-chatr Adam ,\berm (1Il) slwnpcd O\'er his desk, and ~hook his head saying, "\\'Thy coulun't he JUSt keep out of it?"

According to Macro\·, Interest in the fund has v.-aned following Dc..-an Ron D's l.terov is exciting ~how of supporL reported!) considering moving to the Plan B GR1\Ditutde gift- a fund for students to sue the school. \X'hcn asked for his comments on the matter, GR1\Dttutc co chair Robin \Iahood (lii) said, "I'm GR1\Ditudl' CO· chair? Get outra town. I ky, I'm havmg a baby!" • jruob Glick Ron D

Five-year plan to make Olympics "world class"

•

\

·-

The IOC released its 5 }car plan today.

The plan, a fund raising document, describes the Committee's succe~ses and Its goal, in ns pursuu of c.."Xcellencc. <llympian~ have stcadil) achicYed stronger I~~ATs, higher GP,\s and faster )ield rates.

Increased !>pending has allowed the Olympic~ to posttion itself among the top 6 sports·entertamment events in the \\mid. Tlus peer group includes the \X'orld Ftgurc Skating Championshtp~, the Prcakncss, the Kcntuck) Dcrb), th<" lndy 500, and w·unblcdon, but not popular famurites such a' \X'rcstlcmania, the \\orld Cup, and the Grey Cup. • Jttphm J>arb

-

= - - --- -

-

----_,..--,....~

-----~--~~------------~~~~~------------------------------------------------------~--~= ·

ULTRA VIRES

DIVERSIONS

20

Ultra News: Not-So-Real News From Around the Law School First-year not sure if classmate's clothes are ironic or just uncool

Law students find creative uses for electrical outlets in new "smart classrooms"

,\hh), a first-yt·ar from Mississauga, compl.unnl roday that she cannot tell whether her classmate Doug's fashion sense is dclibc..'t'att:ly tronic or JUSt plain uncool. "It's frustranng," ,\bby told Ulrra \ rtres. "I can't decide ~ hether 10 hang out \\;th him or not." Doug's sartorial standbys include a Chnsttna ,\ guJiera T-shirt, several cardigan s~ caters and a button rc..-adtng ·~\II the way with Stockwell Day''.

-Ian Rirbltr

Dean hires Arthur Andersen to study accessibility \ccording to reports, Dean Ron 0 has <.kcided ro hire Arthur Andersen to conduct an annual audit of accessibility to the facul-

looked around, saw that no one had noticed what had happened, and resumed trying to pay attention to the lecture.

Clayton Ruby, Lawyer-about-town rtached at his Rosedale home, stated that he is considering bnngtng a class acnon suit against the school.

"Those laptop sockets are clearly an allurement. I mean, they could have put them 11nder the desks, no? Obv10usly the school is either completely negligent, or 1s deliberately tr);ng to get rid of non-laptop users one br one," Rub} argued. ·~ \t the very least, those sockets get in the w01y of regular paper notebooks, thus causing students to wntc at a very uncomfortable angle." -Noah Git1erma11

Personal ads JD seeks JD/MB \for fun and financing.

law students watch tuition protest

Student sticks pen in socket, is mildly shocked

ty. ''] t's \c..'l)' unportant," explm;ed Dc..'llfl Joaculty of Law· students stood and \\<ltched Ron D," that we ha\c the right informatiot:t last week as hundreds of undergrads paradto confirm we're protecting access. 1 was ed through the faculty demonstranng for a trnpR·sscd by the fair and transparent \\<1) tuition freeze. "1 would have joined in," Andersen acted when they w·crc Enron\ explained Stanley (11), "but l was waiting for ~\Uditor, lt's this kind of impartial, third Maria to finish making my latte. Besides, l party that wi\\ ensure \'acuity Counc1l docs couldn't go on their little protest thing the n~ht thing." because I can't miss Debt Financmg - trust :)arol1 Glide me, th.n's a class I'm going to need" • jt~rob Glick

,\ student w~1s mildly electrocuted last week, after she accidentally stuck her pen in one of the new laptop outlets located on the rop of the desks in l'LB. "l started spacing out a little bit tn lM'lbour, and the next thtng I knew; I w01s poking my pen into the socket nght in front of me," Penny (Ill) explained. "The outlet \\~IS just so c.:nttcing l couldn't restst."

J\fter receiving the mild shock, Penny

Lonely male law & economics prof seeks human rights chick with heart of taxdeducnbk gold.

- JD/\{B,\ with heart of gold. Outcalls only.

• Kevin Tuohy impersonator. For parties in GTA. Accepts pa}ment in kind.

- Lost: Golden Retriever. \\~ell- trained. Can count. Answers to name "Iacobucci".

Jkpbrn Parks