THE STUDENT NEWSPAPER OF THE UNIVERSITY
VOLUME 4 , ISSUE 1
•
SEPTEMBER 10 , 2002
OF TORONTO FACULTY OF LAW
• www . law . utoronto . ca j ultravlres
Students challenge online Headnotes Move to electronic version raises concerns over lack of consultation, accessibility BY GRAHAM MAYEDA "The students have spoken, and \\·e hear you ~o~d a~d clt-ar." That is the message the admtmsuauon wants to get across in their decision to eliminate the paper version of llcadnotes. According to Assistant Dean ~.ois Chiang, students have been complatn tng for years about the drawbacks to the paper version of Headnotes, which include environmental concerns about wasted paper. The switch to an electronic version of Headnorcs began yesterday with the launch of the first e-edition on rhe school's website. Students \\ill now log onto the "e-corn munity" section of the site, where the) \\ill han~ the option of vie\\ing posted notices by clicking on each individual link. ;-.:orice ttrlcs will now be the key adverusi~g mechanism for lleadnotes submissions, smcc .t.heir catchiness will determine wht•ther the notice draws rc:tders' anention prompung them ro follow the link to th: cornplctl' nottn•. \n archive of past II cadnotes \\ tll .tlso be a> atlabk· an addinonal aJ\'antngc f•>r studc.nts afr.ud of 1mss • 1t
f:
concerned about consultation around the sw-itch. "SI_-;, students and faculty were not approached. (fIt-ad notes] is important to student life on campus, and we are distressed that none of us were consulted. The dean could have at kast informed us of the change, because clubs dtd not know until Thursd:ty that they would have to submit nortc(;s electronically. I, as President, was completely out of the loop." . Matthews also pomted to accessibility Issues for those wtthout Internet access at home. "(The electronic Yersion of f leadnotesJ is not that casr to access. \\'e aren't like Rotman [Scho~l of Business, w~ch ~e<juires all students w have a laptop wtth wtrelt·ss network capabiliries)-a lot of students don't have computers at home. Librnry computers art• bareh operational at certain rimes of the day. Sl ~ 1s nor opposed ' to a full web-version [of fIt tdnotes), but we aren't at that stagt• yet. A pilot project should have been Jone." Other \\·ornes also exist about the sud· ucn chminatton of the paper edition of 1 lcadnotcs. ()ne IS a concern that stud<:u t surve)S, such a" lAst year's surve) on rnora\e at the b"' school, '\\.1\\ now have tCl be con t l (.! tu t nr tuJc:•n liL I t h a t
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Ghiang. " \ swell, itmregrntcs our communications network \\1th our new web-interfaCt\ and allows students to ha,·e access ro Headnotes from horne." Desptte these advantages, a number of student groups votn·d concern about the new electronic formaL Jennifer i\lanhews, President of Students' rM1W Soctety, says that students at an Sl .S meeting expressed senous n·sen·atiom. In particular, they were
UVINDEX • • • • • • • • •
HEARSAY CONTROVERSY, P3 RECRUITMENT, P5 GIVING A HOOT, P6 ALTERNATIVE CAREERS, P8 CONVOCATION ADDRESS, P9 SUMMER STORIES, Pl0-11 KYOTO PROTOCOL, P14 NEW GOSSIP COLUMN, P19 ULTRA NEWS, P20
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Jar •~sues has disappeared \\1th the a<.h·cnr of the new li>rmat. "I'm aln·ady cros~·eycd from staring ar my computer 5creen all day," s:ud Alpta Davies on behalf of HEL.\!l.:T, a sruclcm group devoted to raising awareness about mental health tssues. "I'm not gomg to spend further time clicking and surfing through endless layers of passworcls and screens and titles every week to find something that may be of interest to me '-\"hen I don't even know what I'm looking for. 1\ n ecommunity is a medium through which people seck out specialised mtcrests. lt's not useful for any kind of mass broadcast acth·ity that's trying to get the attention of a whole spectrum of people." In response to these cnticisms, Dean Chiang stared, "It's simply the most efficient way of communicating. It won't please . everyone. If [~tudentsl have concerns they should bring them forward." She also point· eJ our that while no dectston has yet been made. some hard copies of Headnotes might still be made available to meet accessibility concerns.
1
Orientation 2002
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The $22,000 Question Provostial report may renew tuition debate BY ROBIN RIX Governtng Council's approvnl of a $2,000 tuition mcrt'l\Sc for first-yt.-ar law students has not appeared to silence the debate about escal:lting stuclcnt ft'Cs. On .\fay 2, the gO\-crning lx1dy of the lJnivt'rsity of Toronto rattfinl by a vote of 25 to It the fct'S schedule for 2002-03. 'The schedule raises tuinon for first·year hw students from Sl2,000 to $1-l,OOO. The law school's fi\'e-year plan calls for further annual incrt-ases of $2,000 until tuition for first-year students reaches S22,000 in 2006-
07. The law school's Faculty Council endorsed the five-year plan at its February 12 meeting by a vote of 37 to 13. The faculty members supported it by a 'l.'ote of 34 to 3, while the student representati\'es opposed it bra ,·me of 10 to 3. Immc<.liatclv after the raufication of the tuition fcc schedule, Governing Council con· sidcrcd and appro\'ed a resolution rno"·ed by
.Susan Eng, rhc fi,rmcr chair of the ·l oronw Pol.tcc Seniccs Hoard and curremly a gO\·ernmenr appointee on the Gcwcrning Council, nnd seconded by Add ~dra, the outgoing prmost of the WU\'Crmy. ·rne Eng motion prohib1ts further "substantial" ruttion incrc-..1ses until tht• Go\'ermng Counctl ts sansfinl that the current mcrcase neuher reduces access1bihty to the law school nor dbtons thr carter choice~ of JD students. The motion assigns responsibility for assessmg tht•se factors to the provost's office. lJ of 'ts new pro\·ost, Shirley ~curnan, took office in July. Detatls of the assessment procedure han: not yet been announced. During discussion of the ftve-yt-ar plan, various faculty and alwnni of the law school presented their opmions. Supporters included Brian l..angtlle, a law.· profcs~or at U of T, and Leonard Asper, a graduate of the
PLEASE SEE "GOVERNING COUNCIL," PAGE 3
www.casselsbrock.com/student.asp
NEWS
10 SEPTEMBER 2002
NEWS
2
Theft oft-shirts "minor" setback during otherwise successful orientation
SLS sets up funding committee after Hearsay controversy
BY BERNINA BUTT
BYTIM WILBUR
Students impressed by orientation activities
UV Briefs Bookstore no longer accepting undertakings ( hanges w pannt>nt polices at the booksrort> hJ\ c left some student~ 10 the lurch. \\lulc 11 is now po~s1ble to pay b) credit and debit card. the bookstore 1s no longer a.cepnn~ undertakings to pa,· Second }l"ftl' studcnt C.ath} Clarke \\1\ d•smJJ)ed. "'I he undcrt.lkmgs poliq wac; one small thmg th.'lt seemed to support th~.: cl.wn that e\ "Cf}Onc can afford ro receJ\ e .t l of T law cducanon. \\ h.tt luppens to those who can't unmcdiatcl} .tfford all thcrr books?" \ccording to \~s•~Unt Dean Lms (luang, the underrakmgs svstem was not a success. "I'd prefer not to s.t) hO\\ much monc"\ ts snll out:.randmg I v.-as •hocked '' Studnus can neuher order transcnpts nor graduate \Vlth moruC's out.st.mdmg. Ak::<afldra DoJ!IJan
Dean has new boss as U ofT appoints new provost <>n \pnl 11. L of Ts Govcrnmg C:ounal confirmed th(; appomm1cnt of Shirley 'euman as prmost of the uni \erslt), effectm.: Jul) 1. Netunan, born and educated m \lbcna, comes to l_; of T o~fter three ) cars as dean of the f oUege of 1 ltcr.uurc, Soenec and the \rr_c; .11 the l nh:crstt) of M1chigan, and three years as dl-an of the Faculcy of \ns at the t.:m,erslty of Hrinsh Columblll. \t M1ch1gan, Nl'uman '\vas a\sQ a professor of l.ngllsh and v.-omen\
<lrientatton 2002 sported a brand nc"\\.' face for several l'\"Cnts, but some first p::trs had to contend with having rhe shirts taken off their bacl.;s. \ccording to Orientation Chair Josh Paterson, the Orientation Committee ·'was disappointed b} rhe fact that some uppcr-yt-ar students who were not voluntel't"S had misappropriated some of our t shirts in order to bypass the line-up at registra· rion ... (\or only were we upset that they would take t-shirts first-year students had paid for, It was also upsetting that they were taking ad\<!ntage of a ben- Bright-eyed first years efit to which they were not, m our opinion, entitled." .~\pproximately fort)' t·shirts were stolen from the area behind the orientation table wh1le staff were preoccupied. Emphasized Paterson, "I can only hope they were taken by people in need who would benefit from the free clothing; howe\'Cr, the only people that seemed to us to be passing through the arc-a were students. Of course, we are unable to conclude who exactly took the bulk of the shirrs-whether students or not-but whoever did take them should know that some first-year students were deprived of their t-shirts as a result of the theft."
~tutl\co;
:\'1 \ of T,. chlc£ academic officer, the pro.,ost has responsibility for UJC um\ ( rsny's acadenuc anJ budgctat) att.urs. I nremoH among them 1s ovt'rsc·CJng the ftu1c
uon1.11g of l ofT's 28 faculnes, colleges, and schools. ln tlus capaCtt), Neuman ~upen'!ses the dean of the lav.• school, Ron Danrcls. ns wdl as the school's f<acult} Council teunun succeeds \dd ScJra, \\ ho held the pos1tion from Jul) t<}93 to June 2002.
uw
Rnbi11 Ri.."l(
Plans for Varsity Stadium site on hold
"The experience has proven to me all the good things I heard about the faculty, and nothing was bad .. ..l was
really impressed by the calibre of the people and yet how everyone was still so humble," said first-year student Ben Perrin. In addition to this incident, there was also a minor ~etback involving a delayed food delivery. The caterer
Plans for t he development of the former Varsity Stadium site at U o f T arc on hold after students overwhelming ly rejected the university's proposal to build the Var"it} C.t..'t1trt.~ $55 millio n project that would have mcluded an eight-bnc outdoor track, artificial playing field, 5,000 spectator seats, two icc rinks, fimess fact!ines and space for student clubs. f ull-time students were llSked to sup port the consrrucnon through a $:!5 a year fcc for the first three years, nsing to $70 a year for possibly the next
25 ye:u-s.. Despite the demise o f the VarsitJ Centre project, the university wenr ahead with the demolition o f the stadium for "'safety reasons,'' said F2culty of Ph}sica! Educaoon and Health Dean Bruce Kidd. Demolitio n beg:m on July 2 and '''as completed over the next two months. According to Joan G riffin, public relaoo ns manager for the physical educatio n faculty, the university has decided to "step b ack and explore all optio ns fo r the Varic;ty Stadium stte after the referendum results.'' For the upcomutg academic )eat. the grass playing fidd at the site will host mtcrcollcg~atc and 10tramuml sports. The \ 'arsity HluC's football team will pracnce on rhc field, but -v.'lll pia} u games at Btrchmount Stadmm flllmall llltJ
3
ULTRA VIRES
for a lunchtime event "screwed up the date of our order and therefore there was no food for one of our luncheons." The food came JUSt over an hour later. Paterson expressed gratitude to Justice Rosalie Abella "for keeping the crowd interested and kccpmg the students' minds off their empty stomachs by engaging 111 a generous question-and-answer period. In the end, the food was great." In an effort to infuse the character of Toronto into orientation, the culinary offerings served this year were more diverse than in years past. There was a "'Taste of Toronto"catering theme including Thai, Indian, Italian,
enjoy a night on the town. and I .ebanesc luncheons from local restaurants," said Paterson. ln addition to the varied flavours, first- year students were treated to the maugural Distin!,'Uished Alumnus or Alumna Address. "lt was our good fortune that Justice Rosalie ,\bella could join us in this miriati..-c," enthused Paterson. Similarly, the audience was witness to another novel c..-cnt in the programme, a luncheon panel hosted by Downtown Legal Services. The Orientation Committee did not encouruer any opposition from the adrmnistration in thc planning of its activities. Confirmed Paterson, "lt was a complercly student-run event, bur the administration cooperated completely ... They were ver} positive about our pro gram.'' Jn terms of firm involvenwnt, Paterson rcv..:,,I.,..J that "firms made 5ponsor~hip conwhunons, but had ncirher
First year boat cruise.
I
first year Legal Process. J.Lo and Ben Affleck
No baseball strike.
Smelly garbage strike.
Oncntarion buffets.
Second year vultur~.:s at said 'preads.
Cherubic first years.
Broken upper years.
Low standards.
class of 1989 and now 0!0 of Can\\"est Global. apologies to the entire law school communiAsper rold the Independent srudent ty f~r the offensive nature of the llearsay.'' • newspaper that tuition increases were necesKennedy also stated that the authors had sary in order to realize U of Ts aspiration 10 addressed some of her concerns. "1 was be "a Saks Fifth ,\venue" rather than "a \\'ai able to talk to one of the authors, and he J\Ian" withm Canada. rlis support for responded to my issues in a respectful mantUition increa~cs was alone among the ncr." alumni submissions to the Governing For some students, however, the reaction CounciL of the administration could have been more Detractors included Clay ron Ruby, a gradproacth·c. "For whatever reason, there was uate of the class of 1967 and no\\. a promino offietal response [from the administranent member of the Canadian legal commution! for some time after the Hearsav came ni(); and Jim Phillips, a law professor at lJ of out" stated Omo Akintan, a mem.ber of T and former associate dean of the faculn. Students of Law for the ,\d\<lncement of The debate has also reached U of \1morit.ies (SL. \.\f). "The administration highest lcveb of gO\·emancc. At the June should have taken the initiam·e to organize a 27 meeting of Governing Council, llal meenng that the students involved Jin pubJackman, chancellor of the univer$it) and lishing the Hearsayj were open to having." former lieutenant-governor of Ontario, "We arc working with the SLS to sec if asserted that tuition increases may place there needs to be some attention to what pressure on law students to forsake jobs m they arc willmg to fund" stated Chiang. traditionally low-paying fields 10 favour of "The school is bound by the l'niverslt)·'s !ugh paying jobs in the private sector. poLicy Jon f larassmentj, and that is prett)' Jackman's opposioon to tuition increases clear. [Howe,·erJ, SLS may want ro write for the law school appears to contradict the their 0\\.'tl policy." seance of U of T's president, Robert In an email sent by Dean Ron Damels Hirgeneau. last .April, students were informed that the ln the ~ummer is~uc of the Univcrsit)• of authors did "not want to seek su; relm-1 Toronto ~lagazinc, Birgeneau aq,>ued that ~urscment _for the publication, and [hadl tuition increases for students in professionmstead dectded to pay for the issue themal faculties would provide the means for selves." The dean stated that "laJlthough these faculties to emerge as national or world leaders in theu respective flclds. \Vi.th PLEASE SEE "HEARSAY," PAGE 18
t2
·rs
I
The Go,cming Council monon m full;
TH \ T there c;hould be no further sub smntul mcreasc in tutrion fees for the J D Program in the f-aculty of I..a\\ until rhc c.on:rmng Council is &ansfied that has been no reduction 111 acccss1 biht)· due to the 2002-03 tuition increase and no car~.:cr distornon due to preHous substantial increases bastd upon a comprehensnc .\cccsstbilil)• and ( arccr Cho1ce Rt."Vl<."\\ to be conducted through the Provost's Office. rh~.:re
reference to the issue of accessibility, he noted that the provincial government had mandated that 30 per cent of the re,·enuc collected from tuition increases would go toward student financial aid. One of U of Ts peer institutions, McGill L'mvers•t)·, IS grappling with similar issues. Rather than embrace tuition increases, however, McGill's facult)· of law is exploring other mc'"ans to increase revenue. Foremost among them is a "social contract" between students and the law school. Thi-; system would require graduates to pay the law school a certain percentage of their income for a certain number of vc-ars after graduation. The exact ftgures for ~he ~)'-ll:m haYe not been specified, bt11 the numbers sugge::.tcd have ranged from fi\1.: to ten "f'I..'T cent of income for a fu.-e- to ten-)· car pcr\od.
Average age of all lawyers in the Toronto office: 31 AYerage age of parh1ers in the Toronto office: 46 Year the youngest la'\\Tyer in the Toronto office \\ras born: 1976 Years Eddie Goodn1an had been procticing by 1976: 29 Total nun1bcr of bagels consumed on "Bagel Fridays" at Coodinans each year: 6 ,500 Rank of scsatne seed, cinnamon-raisin and poppy seed bagels: 1, 2 and 3
Nun1ber of la,Yyers in the Toronto office 'vho have \Vritten a bestseller: 2 vVho think they could be the next Jolu1 Grishan1: 160 vVe've been called "creatiYe, iconoclastic and entrepreneurial"... and that's just our 1nailroon1.
Lowdown
N1cholas Cage and 1.1sa Marie Presley.
West Nile ceo tounsm
CONTINUED FROM "QUESTION," PAGE 1
control over nor· presence nt the event..;, and no promo-
nona! material was Jrstnbuted." Sncral smaller firms that had not prov1ded funding in tht· past came aboard this year. As always, "Small firms could pay a smaller amount and gain the same amount of prominence as large firms." However, the sponsorship grid was changed this ye-ar, and "we reduced the minimum amount rcqwrcd to re-ach the premier sponsorship in order to make it easier for more firms to participate," explained Paterson. Remarked Paterson, "Overall, we arc extremely pleased with the success of orientation, and students seemed to enjoy it a lot as well. The problems that we had were minor in comparison to the success." First-years were generally impressed by the week's activities. "I thought [orientation] was very succesful and a good opportunity to meet people. The only thing I didn't like was the bookstore lineups," commented Hilary Book. Classmate Ben Perrin reflected, "The expenencc has proven to me all the good things I hl-ard about the facult)'... .l was really impressed by the calibre of the people and yet how everyone was still so humble." He was especially stuck by the diversity of students' academic backgrounds.
Sweet 'n lowdown Swat
After concerns of offensive matenal m last year's Hearsa}, the Students' Law Society (SI.S) has dec1ded to create a commirrec to set out gu1dclines on the funding of student clubs. "I ~'1st year we did not participate in or fund the Hearsay publication and we do not condone the views It expressed" stated Sl .S President Jennifer \{atthcws. "\\'c have no mtention of either funding or participating in any similar project this year." "The Hearsay has ah\<~ys been on the edge" emphasized Lois Chiang, Assistant Dean of Students. Howe,·cr, "people were concerned about the content [of last rear's Hearsay], and 10 particular from a div~rsit)· perspective." "I was shocked that tlus happened at the law school," said third year student Dawnis Kennedy. "I know there arc issues of freedom of speech, but there are also issues of feeling safe at your school. That can be threatened-it isn't a gtvcn for cvcrybodv." The three former students who produced the llearsay did not \\1Sh ro comment ro Ultra Vires. Howe,·er, the tno distributed an em~( to all students last year, in which they speetfied, "[ajlthough we arc making every attempt to apologize, in person, to the affectt·d parties, we, as the editors of the llcars:ty, would like to convcr our sincere
Governing Council adopts accessibility motion
\\'est Nile vrrus. Standards.
To get all the details nn our Sumn1cr and Artiding Student Progran1s, just contact Catherine Chang at 416.597.4190, or, cchang@goodinans.ca
G<X.ll)}.l.\:\!:- LLl' BAlU\1~11:1~ & :;0Llt.flUKS
TOR0'\iT0 \'A'.;("()1:\'TR HOX\. "1.:0"<'~ \\ \\ \\.gOOdll\<lll::..C.\
GooDMANS Get t e deal done.
4
NEWS
ULTRA VIRES
New student journals optimistic about healthy starts The Journal of law and Equality and the Indigenous law Journal launch first issu·es BY DAVID KOLINSKY Thr tmellcctualtmht·u of tht• Ia\\ ~chool has bt•c:n lll'ightenl'd b} the launch of two upstan $tlHicnt-inui;Hnl legal JOurnals. 'rhl· sucn·s~ful publtcation of the Journal of l...'lw and l~ualtt) 's (ILl~ inaugural cdn1on, and thl' tmmincnt release of the lndigc.:nous Law Journal's (IIJ) ftrSt issue arc ~et to insugatc topical legal debate ThcJI.E btlls itself as lJ of ·r~s "progre~ sin·" law journal, dealing \\·ith equality is~ucs in thl• Ia": "\\'e came our in early July, though publication wa~ held up a bu," notes Cohn c;rC)~ Co·edttor·in-chief of the JLE. "l~tsr summer, 1~tm Dickson, Bruce Ellis, Louise .James and myself felt there was room for another journal on campus. \Xc spent much of the summer just talking and coming up with a plan for d1e journal." Of course, there were problems along the JLE co-editors-in-chief Colin Grey (left) way. Grey admits that prior to the submis- Douglas Sa nderson sion dcadltne, "\X'e only had four subnusIn rcrms of furure plans, Grey notes "a sions and they w<.re all terrible. Then, on the lot of what this year 1s about 1s ro make sure last weekend we got forty-seven submis- t~ar the journal is a good enough organizasions." non so that it will run when we're not Tim Dickson, the JLE's other editor-in- involved." chief, also admitted that the birth of the "This year is all about improving what we journal was less than easy. It '"-"liS "a mad did last year," adds Dtckson. Also, "There dash ... we got to the fini~h line but with very arc plans to have, every second issue, a symlittle grace." However, Grey states th;t posium on one topic. This year we want to "overall" the JLE staff is happy with the do disability rights," according to D1ckson. outcome. "I suppose there is a destre to have an mter-
and Tim Dickson; ILJ editor-in-chief national presence." The first issue of the JLE contains a speech dchered bf Chief Justice Beverly McLachlin. Explaining why the journal decided ro include McLachlin's speech in the inaugural issue, Dickson cites two reasons: "One, it was right on toptc. It provides a very useful survey, a mainstream standard of quality jurisprudence. Two, the speech was at the L- of T and the timing was perfect." Readers of the issue will note that some
NEWS
10 SEPTEMBER 2002
5
Law school signs on to American recruitment software Slower economy blamed for diminished U.S. interest
potentially l·mbarrassmg mistakt·s made b\ the Chief Justice tn her ot~l prt•semauo;, wne not included in thl· publtcation. "\'\'l' asked for a copy of hl-r wriltcn spcct"h and \\'l' published till' \\ Iitten spetdl as is. t-.1 }" undcrstandtng is that she made a slip-up in her speech and didn't sa) what was in her wrirtl'n pil'Cc.:." Finally, in tnms of cost, Dtckson reveals that the J1.1 : pnntcd 300 copies of ns ftrSt issue. 'l11e cost of priming was rough!) $30 per copy. The ILJ, ~ of Ts otha innm--at:ive pcnodical, is "Canada's onl) peer re\'IC\\' journal dcdtcated to mdigcnous Ia\\;" accordmg to Douglas Sanderson, editor-in-chief. The If:/, which is hoptng to hold its launch party in mid-October, would have come out slightly earlier, but "the printer was ha'-'tng trouble prmting and binding," explains Sanderson. Bryce Edwards, last year's editor·tn·chief, would have preferred an earlier publication date, but "to get a publisher in today\ market ts really hard." In regards to the IlJ's decision to sign wtth Hein, an \merican publisher, Sanderson stresses, "\X'c tried our best to work with Canadian publishers. They just largely ignored us. They were really slow about wanting to sit down at the negotiating table." Edwards adds, "Canadian publishers all
PLEASE SEE "LAUNCH," PAGE 7
BY BERN INA BUTT With more firms participating in the oncampus uuerview program tlus year, Bonnie Goldberg, Assistant Dean, Career Services acknowledges that, as always, signing up for interviews "·won't be fun." The introducnon, however, of an on-line program called OCI + designed by an American company called c \ttorney is meant to alleviate recruitment complications. \!though there is a "concern about people logging on at the same time," Goldberg has "been assured that the system can handle it." Having paid "a lot of money" for the program, the faculty has received a commitment to reliable customer servtce from the Adanta based company. Widely used m the U.S., eAttorney is "very user-fncndly for the students," according to Goldberg. I Iowcvcr, U of T Is the first Canadian law school to adopt the system, and no Canadian employers arc currendy subscribed. Notwithstanding U ofT's guinea pig status, Goldberg is enthusiastic about the system. As a research tool, "it's been modified for the Canadian market... [Students) can look up employers in spectfic areas looking for law students." There is also a job bank feature. The most trulorcd part of the program allows srudents to research Toronto OCI fums and provides links to their wcbsttcs.
Power.
Students initiate the OCI process by "btd ding" for the firms to which they arc applying. This simply involves selection from a list of firms. It 1s hoped that the program will simplify parts of the OCI experience. U of T has signed on to this initiative for three years, Wlth costs and the need for support descending over the duration. There arc, however, yearly escape clauses wnnen mto the contract. This year, a few "smaller firms, mosdy in the boutique realm," will be conducting OCis. Besides providing students with opportunities in the governmcm or public sector- as evidenced by the partiapation of the Family Responsibility Office and the Office of the Children's Lawyer- the Career Development Office is "really pushmg concurrent multijurisdictional recruitment," explains Goldberg. In total, 38 firms are expected co be present at the OCJs. Goldberg anticipates that the same number of positions offered last year will be available this orne around. , \ survey conducted by the COO of six large law firms confirmed the expectation of hiring bemg implemented at similar numbers. !:,orne of those consulted indicated they would be doing fewer OCis, the r<.-ason being that increased experience in the procedure does not call for as great a number of interviews.
Nancy Stitt, Director of Student Programs at Osler, Hoskin & Harcourt Il.P, srud that her firm expects to hire a similar number of students as last year. The "slower economy won't hurt us now - [srudents] won't be associates until 2005. Lowenng recruitment would be short-stghtcd." There is, however, less interest expressed by U.S. firms in New York and Boston, oWlOg to the markedly slower economy. Ftvc fewer firms will be taking part m the OCJs this year. U.S. firms have also become wary of hinng U of T and other Canadian students because of the "summer tourist phenomenon," where srudents spend a summer at the firm, but come back to Canada to article. "It's an issue that we're trying to work our heads around," said Goldberg. "Students need to make their decisions, but everybody has to be cog nizant that there will be repercussiOns. If there is not a sustainable talent, [fums] will not recruu here." In terms of articling recruitment this past summer, bigger firms in Toronto were only hiring a 'couple of students, but "there arc about 150 organizations hiring arocling students," estimates Goldberg. She dismisses the rumour that fifty srudents do not have arncling pos1tions as "completely false," addmg that "as per usual about ten per cent of the third·year srudents don't have jobs." That perccma~e may have craw\ed. up to
Advantage.
As a student and associate at Torys, you'll work closely with some of the top legal minds in the country. You'll get real responsibility on the kinds of files that build strong legal skills. You'll learn about business and the power of teamwork. And you'll discover the meaning of professional excellence. The power to lead the biggest deals and cases. The advantage of working with the best.
NEW VO"K
The distinction of working with a recognized leader.
TOJtONTO
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eleven per cent. This past summer also saw the end of guaranteed hircback from articling to associate positions at most Bay Street firms. The policy was a "wonderful marketing tool for rccruning srudents," said Goldberg, but she docs not believe its elimination ·will "dramatically alter the [recruitment] landscape." Frances Mahil, Director of Student Affairs at Davies Ward Phillips & \me berg LLP, is not surprised that guaranteed hire back is no longer. "Firms had to place srudents, even if the fit wasn't there." She was "never a fan of guaranteed hire back, (smce] all it did was extend the articling process to rwo years. It didn't make sense fo r us because associates are constdcred for partnership after only two years." As a result of the elimination of gu~ teed hircback, one firm is moving towards treating articling students in the same war as assoctates. \ccording to \.fary Jackson, Duector of Legal Personnel at Blake, Cassels & Graydon LLP, an articling srudent not hired back will be given cash in lieu of notice, as well as career support to fmd a new position. Unlike most firms, Osiers - the ftrst to institute the guaranteed hire back scheme is retaining the program. Sott believes it i.s positive because it "allows srudent~ to be involved earlier \n the fum, and tcm<wco;;
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McCarthyTetrault ( mccarthy.ca/students ) McCarthyTctr.llllt UP • Vancouver Calgary London Toronto Onawa Montreal Quebec ~ew York LonJon, England
6
NEWS
New human rights director hired
Giving a hoot
BY BERN INA BUTT progresstve urbln centre confers us demzcns a brand of anonymu} mat leaves one unac costed walkmg down the street. There arc no ne~ghbourly fo rmalities ro be braved, no small W'Wn tnlk ro be mad<~ Bur there is a graver pestilence indeed. lr is a brand char Jca\·cs your flc.:sh cnwling and sees you startled out of your skm. The disproportionate sounding of horns on Toronto streets is an carsplit-
A
nng social malad). It ts a disease chat must stem from the "centre of the "\\.'Orld" mcntali[) that .is the legacy of 1brontonians, a vcrit2ble and unshakeable albatross. And so what. if anything, will scrub this tattoo of sons, leaving the skin of pedestrians devoid of y,oor.tbumopa"? Wc:\l. c.enain\y not \a.stt. fot \)noto ~t has bun deemed \ne{~t:crivc in .reducing vehicular ttansgrcs~JOns. Thus. the quc:stion w be put forth j( whether the tnccssant bhsnng of homs m filer curbs anything besides patience. Curiously enough, impatience was one of the original reasons for the installauon of ho rns on v-ehicles. The fust machine to spon a hom was not even eqwpped \l:ith a motor. Such is an example of putting the can before the horse. In fact, thts contraption was a horseless carriage, assened to have been powered by clockwork, but believed to have lx..'Cfl propelled by pedalling men concealed under the h ood. Rubberneck~ who hindered the movement o f tlus oddtt) "ere treated to a shO\'> of '' .ttcr prOICCtcd from an o rnamental dragon while 1\\0 angels perched on th e sides of the carrutgL would ratsc.: their bas:mon"' to the1r bp" and bJu,.ter. \ftc.r the first reeOJ.11tzed awomo hlk'S bl(:amc commonrtacc, the clcanng of path m l .ngland was effected br 'i oouc: act~ '>Upul.lllng that all motorucd veh1cle:; be prcccded b} an ambu laung man bearing a flag 10 the da}, and a lantern at rught. 1:lscwhere, cqu.1ll} untenable.· legi~la tion '' .ts betng propo~cd. One Ia\\ maker cnv•"agcd the darnng of Roman can dks as a precaunonaf} measun: \nother md1vtdu.1l promoted ad<:quatl' warmng, hut added, "If a horse ts UJl\\llling 10 pa san automobtle, the dnver hould take the machtnc apan and conceal the partS in the bu~hes.'' This, m In} csomanon, would be the grandest scheme of all, nllO\\,ng for the reductton of traffic nnd mcrcased
ULTRA VIRES
tmplantanon of 'i e{:tetnnon 1bcse unrcah uc plans c\cntuallv }tcldcd to the 1m plcrnentauon of "Ius tic • ehmtcs, bells, and horns. Among I he mc..muuon was the S1reno a Jevtcc boasung a one rmk c.:arsi10t. lromcall}. the name \\,t<: dcn\cd from the dcssgnauon for the creatures tn Greek nl) tholog} \\ hu tempted s:illors to rum \~1th thetr t·nchanWlg \OJCC<i. \\1lat rhf'n, 1 the lure of the hom=> \nd 1'1 It not moral dcgcncratmn that we arc na\lg mng toward~, headlong, when \\c tootle na), 'ilt on 1hc hom md1scrcct I)? To be sure, \ 1gllancc Is a vtrtuc, but so is tolcrmce. So, ' ' hat 1s the happ} medtum? By 19 12, ma ny \rnmcan a ties had adopt ed legtslauon reqwnng the ca rriage of sound pieces o n moto117.nl vehidt .s, }Ct banning superfluous usc of the ho tns. Mo re rect.'Ddy, select cities have t.'Ilactcd anti-honking Jaws, with summonses to be issue to the owner, rather than drin ·.r, of the vehicle. Issuing uckets in this manner docs not block traffic and cause congestion. How effective would such la"\\'S be in our city, where drivers horik compulsively and pwple have become so accustomed to the background noi~e that horns are regularly ignored and j defmndr cursed? Onginally, honking was applied in cases where vehicles willed to be heard when not seen, but \ honll.mg has \attedy taken on an addi
Would the complets removal
of homs cause an upsurge In accidents, given that the sound of honking cars has been known to Induce panic, Irritation, and unruly driving? tional purpose: 2S an instrument touting weddin~ and athletic victoric..'S. Cnn it not be said that this is frivolous and \'cxatious honking? And "l1at of the complete removal of horns? \'\'auld that c.lllsc an upsurge or d1p 111 acCJdcnt.-;, gt\cn that the sound of honkmg cars h as been known to mducc paruc, imtanon, and unruly dn\'lllg;.
\nd ho\\ much should the.; sounding of a horn relate to the dcterrrunation of ltabtlny U\ an acodcntr In 1900, a nurse \\as run over by a dn\er \\ho dtd not thml to slo\\ do\\n or ~tccr out of the pnlcc;tnan's path. The dmer felt he had fulfilled h1s rc pons1b1hty b> dnunmtng thl' gong. 1t dtd not cross his mmd that tt \\ould have been safer to rely on hts o'll. n .tbtht) to remove hunsclf from the \\oman'!i wny than to dl:pend on her abihry to be dear of hts. Perhaps the only wn~ for us to be dear of tht hunkmg problem ts for people to tak(' pubhc u.msu and reduce the numlx:r of cars on the road. 1-.tthng that, rna} be car horn , hke cell phones, should be made to pia} tack} tunes Honk tf }OU hate honkmg.
BY ROBIN RIX ftet almost t htl'e }cars of searching, the law ~:hool Ita appoirm·d a Dm:ctor of the lntanallonal l lunun R1ghts Program
(I IIRP). :\'oah Bcnjarnm ~mogrosky joined 1hc law school on July I. I k arm cs af1cr 1\\'0 ) ears m pm':ltc pmctKe in !'ian 1-ranci~co. J lis human nghts b:Kkground mcludl·' admcacy for domcsuc \\orkcrs 111 SoUih \fnca, as well as the monnonng of the conflict bcN·een Entrca and Ethtopta. lie hold~ a law degree from Yale (1997), a master's dcgrl·e from Carnbridgl' (1994), and an undergraduate dcgn:l' from S\\".trthmorc (1992). :-\ovogrodsky inherits a portfolio \\·tth divcn;c responsibilities. In cooperation with other law school officials, he oversees the administration of summer internship programmes for first-year and second year stu· dents interested 1n the field of internaoonal human rights. l ie also supports worktng groups within the law schoo~ mcluding those relating co Rwanda and Socio Ecooomic Rrghts, and he IS expected to develop further iruoarives for students to engage with mternational human rights tssues. \!though me appomtment is not an academic one, the IHRP Director has some teaching opportunioes. In spring 2003, Novogrodsky is lcadmg an upper-year seminar entitled "The Emerging International Trial," whtch mvestigates the efficacy and procedure of such tnals in the aftermath of wtdespread human nghts violations. \ final area of rcsponstbility uwolvcs
fundmisrng. As reported m me February i~suc of Ultra \'ires, \ ssJstant Dean Lois Chiang cxpects that "grant development will be a large part of the job." The II IRP D irector's post has been vacant si nct· the departure of Valerie Oostervcld in 1999. During the past three years, law school officials adopted the public posiuon rhat rhe abst·nce of a director rdlccted the ngour of the search process to find tht• right pa~on for the p osition. Students seem pleased that an appoint ment has finally been made. ,\mber Pashuk (II), co-chair of the student group Canadian Lawyers' Association for International Human Rtghts, n:collccrs hcr frustration last year at the lack of an IHRP Director who could provide strategic direction for the program. Josh Hunter (Ill), a representative on hcul[)• Council, agrees with Pashuk that "strong lcader:;hip for the [1HRP] is essencal." Shaun Laubman (II), also a representaove o n Faculty Council, suggests that the appointment marks "a genuine commitment to providing and encouraging alternatives to the traditional corporate law career." However, Laubman cautions against thinktng that Novogrodsky's arrival represents me final step m cementing me place of the program in me school. With reference to the opportunities available for growth in the field, he states that " this appointment needs to be a beginning, not an endmg." T he I H RP was established by Professor Rebecca Cook in the late 1980s.
10 SEPTEMBER 2002
NEWS
New professor brings wealth of community experience BYSALMAN HAQ Darlene Johnston won't be bra\ ing black bears on her front porch any lc!nger. The l ' of T law alumna, who rncoumcred (and enjoyed) her fair share of \\ ildhft· in her hometown of C.1pe Croker, locmed on the Bruce peninsula, has jomcd the faculty as a tenure ~trcam professor. h an adjunct professor last yt·ar, Johnston taught a seminar course m comparamc aboriginal la\\: This year, she will add to hcr tl':tching rcsponslbtltue~ with a fir~t-year small group class in property law and a four-credit course in Abcmginal Peoples and Canadian Law. Prior to joining the faculty, Johnston spent several years at the Umversity of Otta\\a, whert· she was an assistant professor. l n 1995, she resigned her academic pos1 non to engage in cornmumty· based research and advocacy on behalf of her First 1\ation, the Ch1ppewas of aw':lsh. Her efforts have contributcd to me JUdicial recognition and implementation of her People's treaty right to the commercial fishcry in their traditional waters and tO the protcction of burial grounds and other culturally significant sites within their traditional territory. Johnston's return to academia was prompted in large part by the opportuntt} to write and research more broadly. "My research was very focused on our parncular treaty, and I realized that larger tssues need eu to be addressed. In m y commumtv, 1 was dealing from cnsig to crisis." ]ohnston also
"The faculty takes Aboriginal issues a lot more seriously than it did in the 1980s," says Professor Darlene Johnston. wanted to bring her wealm of "on-theground" experience into the classroom. Reflecting on her days as a student at the Ia\\ school, Johnston notes many positive changes. "The facult}' has p robably tnpled in size . and the student-teacher ratio is remarkable. The curriculum is a\so much mnrc
7
JLE, IU launch first issues CONTINUED FROM "JOURNALS," PAGE 4
dt\ ersL'-whcn I was a student, thert• was no said It \\~ts a great 1dca but they couldn't such thing as a pcrspccnve cour5c." provtdc any support. Small academic pubDkers~ty among the student body is :moth lishers arc mp1dlr disappt':lring.'' cr encouraging development. "\X hen I was The arrangement with llcm wo rked .lt the f:tculty, I was the only Aboriginal stu· well because, accordmg ro Sanderson, 1hcy dent. :\'ow we ha,·e probabl) around ren a wt·re "extremely reccpti\·c, flexible and year, and outside the l:nivcrsi1y of Briush rcally good ro work wuh . \\'t• were lookmg Columbia, the U ofT has the h1ghcst enrol· to expand into the U.S. \\ithout phys1cally rnent of ,\boriginal students. The faculty doing it ourselves." llcm " handles all takes Abonginal issues a lot more senously printing and distribution costs." than it did in the 1980s," Johnston observes. The 11~1 is built on tht· pioneenng wo rk Still, there is room for tmprovcmcnt. "\\'c of Justin Denis. "·ho now wo rb m \lberta. must keep our e)e on access to the law Follo\\ing his lead, Sanderso n dauns, "\\'t.• school, espccially gi\·en the plan for htgher want ro provide a space for people who ruirion fees in the coming years." ~hl also wanr to write about indigenou~ Ia\\: \\'c st·e sees opportunities for curriculum changes oursch·cs as an academic tooL" Hm\e\ er, and more diverse career development he also admits that "we arc worncd 1f it will opportunities. ''.~1any 1\boriginal students make money, btcause we arc a business at want to go back to their communities and tht: end of mc day." become involved in communi[}' advocacy," Nevertheless, Sanderson states, "I'm says Johnston. ller advice to law students is simple: happ} \\ith the work. One of rhc articles will prove to be semmal m the years to come. "Take advantage of the numerous vtslton> to The other five arc simply good rc..-admg." the law school-the calibre of speaker:; is ~ays Sanderson about future plans, " I sec remarkable." my role as entrenching the journal ar tht.• Johnston's return as a full-time professor I 'aCuity." In addition to expanding rt.':ldership, has been greeted \\ith enthusiasm amongst Sanderson wants "to make the peer re,·icw many law students. ·~ot only do I rt.-ally process more meaningfuL l want to entrench respect her as a scholar, she also feels like family. \nd that means a lot," enthused \ the journal at the international level so that the quality of the feedback is first rate.'' third-year student and Indigenous Law Ultimately, Sanderson's outlook is ,·cry Journal Ldttor-in-chief Douglas Sanderson. positive. "\\ e arc on the threshold of an Johnston lives in Toronto \\ith her husexciting umc. 1ndigenous \av.; ca\h mto band Frank and their 1\.Vo chudren, N.·clveque5tion many of out a%U.l'l\\'t'mns a\.,. •u.t year o\d son Keenan and mne-~·L-:~.r o\d \aw, m on\\\"'j ar...l <:.<>r...utu\\una\\\~:· (.L\Ughtcr ~ot'h\c.
NEWS
8
ULTRA VIRES
IN THE ALTERNATIVE
hn \rn) n lladtbhat, enrollmg in law school A monthly feature of U ofT was a gamble that has translated into a pro· alumni and their diverse career fcss10nally and pcrsonall) enriching lifestyk·. lie 1s "qjlf lookmg for tht· drawbacks" of his paths po uum as counsclnt the Ontario ! Iuman Rights Comrn•sstun, "whert• everyone ts \\ ilhng to pro' tde ,td\'1Ce and support." lawyc.:r. "Going to Ba\ ~meet seemed some ;-.;orcs Hadtbhai, •~rhe camaraderie among how like the natural rhmg tO do since a lot the la\\'}l"CS is amazing and the work is vc.:ry of my fne nds were hl":lding in that direction. satisfying. It i nice to be able to go home It was not until I was there that I realized nnJ fed like you may ha\'e made a difference that mergers and acquisitions or securiw.arions were not going to hold my interest in 111 ~orne small way." llad1bha1 has nor al\1.-ays been so comfi>rtablc \\Jth rhc idea of pursuing a legal "Going to Bay Street seemed carn·r; he cntert·d law school \\i thout being sure ht• wantt·d to be a la\\)"er. Fortunately, somehow like the natural thing b) the wJnter break of his first year, to do ... It was not until I was I lad1blui was raken, and now enjoys the opportunines a lc.:gal education proVldcs. On there that I realized that mergers rhe orht•r hand, "J f law school tuition at that and acquisitions or securitizatime had been in the tens o f thousands, I would not have considered going to law tions were not going to hold my school-the p rice for the gamble would interest in the long term," says have been roo high." E\ en while at law school, H adibhai did Amyn Hadibhai. nor ha\ e a concrete idea of the avenue of Ia\\" he wanted to pursue. "I ended up just going \\ith the flo\\: D uring my first year I the long term." H is experience, however, is not somethought about being an environmental, crinunal, intellectual property o r constitu- thing that Hadibhru regrets. "I needed to tional lawyer. You could say I lacked a cer- find out for m yself whether or not corporate law was fo r me. The tnck is to move on tain focus." \ \adihnai d1d not carve his own path until if you arc no t enJoying yourself." ',\h l:t wotbny, £ot a !'.n on time a » a Ba)' Street \>rc~<:nt\)', I \ad\bhai believes h e has found
10 SEPTEMBER 2002
holds a prominent place in Hadibhai's mind as an influential experience. "The course did nor limit itself to simply studying Supreme Court of Canada decisions, but rather went on to examine the strategies and planning that an ad\'ocatc may have relied on." Emphasizes Hadibhru, "You may have a winmng argument, but that may not translate tnto a successful appeal if you do not have the right plan or the proper foundation upon which to base your submissions." A lthough a propu roadmap is certainly necessary in arguing cases, a career plan can often take unexpected turns. Hadibhai recogni7es that legal careers arc not static and advises law students not to be afraid to try new things. "My suggestion to law school students 1s to remember that you ha\·e a lo ng career in front of you. If you arc not sure what you want from your professional life yet, you arc probably in the majority."
his "niche" tn a position he found "through the tric.:d and true method of scarchmg the Ontano R~;ports." ,\ s counsel ar the OH RC, he.: repn scms rhe Comnu ssJon on appc.:als, judicial rc.:vicws, and at rh c.: Board of Inquiry. I le attributc.:s his enthusiasm partl} to the varied tasks that find their \'v':l) to his desk. "I haw yet to come across a typical day. Some days I'll be drafting facta or advising mvesngarors. On other days, I could be attendtng a mediation to try and resolve cases that an~ before a Board of Inquir):" Initially, Hadtbhai's interest in advocacy was fostered during his orne as a student caseworker at Downtown Legal Services. He cites DI~'> as a factor that helped ensure his samty for three years. ".-\dvocatmg for real clients and workmg our legaltssucs that were not merely theoretical, but that had practical conse<.juenccs, kept me grounded ... Without the lessons J learned at DLS, Amyn Hadibhai can be reached at amyn.hadibmy articling year would have been signifihai@ohrc.on.ca. can tly more stressful." Taking parr in the law school's m ooting LENCZNER SLAGHT ROYCE program further "co nSMITH GRIFFIN firmed that I enJoyed the challenge of being For information about opportunities for a student an advocate. Mooring to team to be an advocate allows you to unagine see our website at www.lsrsg.com what it must be like to or stand up in front o f a contact Perry Hancock, Student Co-ordinator at ( 41 6) 865· 3092, e-mail phancock@lsrsg com panel of robed judges and argue a case." Sum 2600. 130 ADEV.to£ Sn.EET Wen, Too.OHTO, ONTAktO. CANADA MSH JPS The Consntuuonal Tl!l.£PHONE(416) 16S·9SOO • fACStMll.f (416) 165·9010 Liriganon course also
ellow classmates•. friends and fa~ilies, guests of the l'aculty, members of the press ... (that \vas Jacob's joke) ..• it is m\ honour to address the Class of 2002. I k~cw this \Vas going to be a difficult task. One of mv classmates remarked to me that the onl) j~b he would want less than \\citing a valedictory speech for this Class would be interim leader of ,\fghanistan. Dcucns of people, connected to the law school, and outside the legal community, h~vc gm.;n me adv1cc about what cliches arc acceptable, how to get laughs, and how to ensure that all of my classmates hear them selves represented in my words. Even Dean Damcls generously offered to ltghten my workload b) drafting some remarks for me ... At the time I remember thmking, "Wow, not a bad offer for someone on the Dean's other List."
F
I considered using my time as an opportunity to campaign for the abolition of the extended paper requirement, or to wage against the ridiculousness of the Bar Admissions Course. And yes, Dean Damels, I also considered usmg this as a platform to decry tuition increases and Amencanizanon of legal education. I sense that all of these topics would have been well received among my
coll ca~cs.
But 1 '\.\.'itntc d t o t ake "' \argc s· V\c~· o f
O\.lr
abour rod'} 1!1 rr-~d. J ""111 tddn•s!!; rhrc~ sc.parnrc ar<.-:as: .n ."'Sp cct ur chc l •aculry of I ~t\\~
You're looking f or an opportun ity. We're looking for a future partner. LLP,
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articling students are an essential part of our continued success. Our program is challenging and the demands are rigorous. but with over 500 lawyers and 160 years as one of Canada's leading business law firms, we offer an experience where you can grow and succeed. To find out more, please visit our website at fmc-law.com/careers
FRASER MILNER CASGRAIN UP MONTR~AL • OTTAWA • TORONTO
EDMONTON • CALGARY • VANCOUVER
rc ·pcct for orh crs in our commurutics, anJ respect for ourseh·es.
At the Faculty T he first area I would like to talk about is respect at the Faculty of l~'lw and for the institution of legal education. I won't mince words: it has been difficult for both the Faculty and the students to cultivate a hc.:althy environment of respect, cspectally smce for the last two years we have been able to read in every major newspaper and legal publication about the affairs of our what is now our alma mater. But I want to put all of that aside. Instead, what 1 want to do is to highlight some aspects of rhc Faculty that we do value and respect, and which aren't normally seen as the benchmarks of excellence or the height of achievement. I think that over the last few years we as a Faculty have cultivated an extraordinary respect for the student newspaper, Ultra Vttcs. I know that for many in our commuruty, the paper has proVIded an incredibly important venue for airmg opinions, for explonng legal and soctal 1ssues, and for pokmg fun at ourselves and our personal and institutional foibles - of which there arc many, I assure you. We all looked forward to that happy Tuesday each month when we could read about acadenuc and social issues that were important to us, and to get updates on the burgcorung rclatiomhips lxtween Stanley and Penny and between the
of this worthy profession. I am glad to say that our Class has been striving for thts kind of mutual respect since we arrived. For my part, ] have found countless role models among my classmates, even though we may each have our own political and personal philosophy. Because as much as I learned from my professors and my readings (when 1 actually did them) , I learned even more from my brilliant, cnergcoc, generous classmates. I have so much respect for the experiences and interests that you all brought to our Class, and for what vou have shared. S econd. ,\ttcndant on our new status as ' I feel It's also important to mention the fledgling lawyers is a responsibility to proachievements of those whose personal cirmote respect, for and within our various cumstances have made earnmg thc1r law commumties. .:\t one level, it means respectdegree that much more admirabk \X'e all ing the clients who will come to us-people have tremendous respect for those members who need our help and our influence-and of our Class who in addinon to earning a by this I mean respecting not only their legal law degree also raised chddrcn and budt needs and interests but also striving to families-and on so much less than S125 understand and to empathize with their rruc thousand per year. Many among us also struggles. maintained relationships with a significant More broadly, promoting respect means other-no small task when we spent days cultivating a high regard for the legal proupon end preparing for exams or attending fession. The profession is gomg through a guest lectures. And for those who got difficult orne, for various econonuc and through law school as a single person, well, public image reasons. It is incumbent on us that's not easy either! Congratulations abo as new lawyers to do what we can to rehato those who worked full-time or parr-time bilitate this respect, by our behaviours and to support themselves whde in school. But our asptrations. In some ways, building most of all, we extend our respect and sup· respect in our communines IS about model· port to those in our community who have ling civility and ethical practice-whether in had to deal with difficult hurdles during our a corporate community, small town practice, human nghts, or the public service. 1n doing this, we will prove that we de!lerve to be patt
academic strengths, and their connections w1th students into truly amazing learmng experiences. I won't name names here, because the connections happen for different reasons with different people, but l certainly want to honour the professor~ who have enhanced our respect for the I 'acuity, and our learning experiences. We thank ,·ou all ver} much.
P,mhitt Rosmbaum u.'t1s chosm aJ tbe tuledictorian of the ckm of 2002. Belou.· is all abridged z·r:rsirm of btr spmh, ddiz<trl'd on June /2, 2002.
yt.ars h t•r<', and of ouT lirs1 111cps in1o our future. So, the topic 1 haw cho~cn to ~p~:ak
At Fraser Milner Casgrain
9
"As fledging lawyers, we have a responsibility to promote respect"
Amyn Hadibhai finds his forte in human rights advocacy BY BERN INA BUTT
CONVOCATION 2002
In our communities
"Building respect in our communities is about modelling civility and ethical practice." squirrels and pigeons. I might add that it ·wasn't only the students who valued this outlet - on more than one occasion I saw Professors and support staff picking up a copy of the paper, flipping immediately to the Dtversions on the back page, and giggling as they 'W-alked to their office. 1 want to commend all those students, and the occasional Professor, who contnbuted to the paper and he\pcd to be a watchd o~t for Facu\t) !!;Oings on, ',\nU to C 1 tL •
•ut-a.~~e hca\thy '-\cbo.l.H.~ ahout nut ~c>\\l:'c
uve goa\,. and indi'v1uua\ opmion . \.V..'c have all valued our en nvity anJ fu t ring of dcl~l l(..a
\ boH' all, ch1s I•aculr)
lS
about 1<.-arning.
_,\ nd in d1ac regard I wam to highhghr rwo aspects of the learning em·ironmenr rhar I feel should be respected much more. First, the librarians who smile as they endure thousands of questions from the ridiculous to the sublime, and who patiently show us over and over again how w navigate Quicklaw or the ,\bridgement. They desen·e medals for their willingness to assuage our research woes and mdulge our Studytown development fantasies. And the learning envlConment also benefits immeasurably from the professors who hav:: their doors open to talk to us, who commit to having office hours and to bemg avadable. (But not the professors who set
"legal knowledge is a very powerful and important tool -but we can't forget that legal thinking is only one way of looking at the world." mulnple-choice exams.) Sunply stated: stu· dents respect the professors who so obviously value the whole learning experience. \X'e respect those professors who take teaching seriously, and put time and effort into preparing to lead their c.ourscs. And just as importantly, we value the professors who respect the students who arc in front of them. These professors have the ability to bknd their love of the Ia\\; their incredible
11
FE'ATURES
10
Working at Aboriginal foundation an enriching experience BY GRANT MCLEOD
encouragmg for the \bongmal commum NA \1• has conunucd to build both corpo nuc and pubhc pon orshtp These spon- 1:). l<or the most part, each student wa~ lthough I run sure most people orshlp , apart from rrusmg much-needed d01ng somcthmg 'cry l'Xl'lllllg, and I naru \\Ould prefer to spend their last funds, have al o nused a\\'afCnes among rail} "anted to learn more about Ius or ~ummcr before cmenng the rt.-al coq>orauons and gm~:rnments of the needs her concentration. \\ orld gaUi\'llnting in P.tris, tt is stillneCl''Sal) and Dlhcrsc conselfUenccs of some of their Another llltl'l"l'Sting .tspcct of my job was for a slun majority of studcnt., to find a \\11} acoons. the fact that nftcr proce~sing and inten·iewto earn an income O\cr the summer-ns \\'ll My role at ~ \ \I• related mostly to thl· ing apphcanrs, I h:td to present the ftles I the case for me. E\·en though 1 did not dJSLmrsement of their }early 'cholarslup \\'aS rc.: pons1hlc for to a Jury of Aboriginal eagerly anticipate spendmg the summer in fund . I was lured w work in the education professionals. \\'e held three different juries an office \l.hilc thc sun was shming, I did department nnd inhented the fanq ride of compri l.J of fivl' or ~IX 1\lx.Jriginal proft:~ come to enJOY and even be thankful for my Educution ,\ssistant. Essentially, my job was sJOnals who pracu~ed tn the apphcation catexperience. to orgam1.c and pn>eL·ss a majority of the egor} that we \\ere d1scussmg. It was stanHy good forrunc I was reft:rred in late dard for us to rc.:\'tew and adjudicate over .\larch to an organization called the 130 apphcations a day for si.x days. In the :'\nrional ;\ boriginal \ chicvement end,~ ,\ \F was able to fund a large majorFoundation. NA,\F is a non-profit organiIt}' of students in a variety of programs and zation with an ever-expandtng mandaw. gcograph1c locauons, ranging from Repulse Initially it \\'aS created to provide scholarBay to 'loronto. _,\ total of over $2.4 million ship funding to srudcnts in the fine arts, but was distnbuted. has been expanded over the last eighrec.:n The type of employment that I was years to incorporate three other main direc involved in is ideal for any ftrst year student. aves. ;\lthough in no way strnple, working Wlth a Blueprint for the Furure is a career fair non-profit orgamzaoon afforded a more fearuring seminars and speakers to educate casual office atmosphere, making the transi~\boCJginal youth abou t the1r career tion from books ro cubicle much smoother. o pnons. The second, Taking Pulse, is an o,·er 700 applications '\ \ \F receiVed from I worked with rwenry or so employees, and undertaking to gauge Aborigmal participa- Aboriginal srudents across Canada. I can honestly say that I wore sandals nine tion in sundry industries in Canada \\ith After enrering the applications into a days our of ten. the goal of setting out recommendations database, I would contact the 300 or so Due to the relatively intimate nature of for improvement. The third is the individuals whose files I had been the organaacion, I was able to take on a , ational ; \boriginal ;\ chievement .\\\'llrds, assigned in order to conduct interviews. number of responsibilities above and an annual awards ceremony aimed at rec- This was by far the best part of my expe- beyond my job description. Thus, in the ognizing ,\boriginal achievement in a vari- rience. The number of .\bonginal stu- end, I can say with confidence that the work ety o f fields. dents doing their MDs, BScs, 8::-.ls, and of did this summer was fulfilling and enrichl n order to support these initiatives course JDs/LLBs was, and is, very mg.
I Know What You Did Last Summer...
A
Ahhh summer. .. time for sutnmer Iovin', beach bummin', and hangin' with your friends. But U of T law students are no lazy bunch. Instead of sipping margaritas in the sun, many students sallied forth into the big scary world . Seeking justice, adventure and NHL tickets, some students travelled as far away as Cambodia and Buffalo ' ' while others stayed in Toronto to fight the good fight. So read on and be amazed at the experiences of your friends and colleagues. - Brenda Ditjyk
Working with a non-profit organization afforded a more casual office atmosphere, making the transition from books to cubicle much smoother.
The Great American Road Trip BY IAN RICHLER Friday, May 24th, 9:30a.m. I! it the Q ·W \1.1th a friend in my mom's Subaru. Our nuss1on: to attend Game 5 of the ~HL Eastern Conference Fmals between the Ll-afs and the Carolina II urricanc.:s in Raleigh, despite t fact that the ~arne has been sold our for a Wl'Ck· 9:40a.m. ;\ thought: there have been fcv:, if any, road tnp movil'S in which the main r"'onisrs dri\ e a ~ubaru. Pas· a \\ihite
!
Mugged in Managua BY JAMES REMPEL Having left Isla de Ometepe this morning, I ht.-ad for Managua, where tomorrow I will catch an early bus for Panama. The bus drops me off at the terminal. which is a market, as arc all bus terminab in Managua. I have experienced Managua once before and so am highly cautiou~, checking around all the time and keeping my hands ncar my pockets. This market is the biggest in i\lanagua and likely house~ many interesting things inside. Unfortunately, l am carrymg my travc.:l knapsack and so merely sktrt the outsides of the market, careful not to enter the sordid dark maze of stalls. I buy some food for the trip tomorrow then hc.:ad out to look for a bu~. In .\\anagua, your attention needs to be.: focused at all umes on your surroundings. l•umbl.tng for change on the bus \\ith your l''allet openly exposed is the es~encc of stu p1dll:)', so 1 dcc1dc to get the bus fare out of my \l.'allet well 1n anticipation. 1 have my enchilada m m}' other hand, but rt.-alizc I ncl-d both hands to protect my pockets on the bus, so I qutckly chew the last mouth· ful . planmng to d1spose of the wrapper before I get on the bus. ,\s I ask the driver, who b standing beside the bus, if the vehicle is going to my de~irc.:cl destination, a man runs up from bc.:hmd me, grabs my \\'atch off my wrist, bolts across the street, and disappears \l.irhout a trace. I have my heavy knapsack on, so I cannot run. Undeterred by the events of that day, I head out later that night. ,\round one o'clock, the fiesta is JUSt winding down as I starr back to my hotel. f fl-aring music 111 the
dlstilncc, and scilJ fc.:eling cncrgc:ac, I decide co look for this other fiesta, which sounds like it is located in the old downtown core. After an t.-arrhquake destroyed the area thir1:). years ago, the sector \I.'as left to decay. The first structures I encounter are the new government buildings. I pass rhe .::-Jarional Assembly, \\ith it.~ armed guards in front. I am heartened by this sight, because I recognize this area from having toured this area earlier m the day. It is such a contrast from the uns:woury part of town toward wh1ch I am headed. 1 pa~s a couple of unlit fields illurrunated by the light cast by the ,\ssembly building. As I walk through a park, I sec two men walking ahead of me. They arc fairly far in front, so I do not think to considc.:r that they might be following me. The road then passes into sheer Managuan hell hned with buildings destrorcd by the l-arthl}uakc and squatters in squahd tin and cardboard constructions. The district is complt.'tcly dark. Four hundred metres ahead, pohce cars patrol back and forth at the fairgrounds. After 1 advance a few houses into the area, I glance around and sec a figure come around the corner and stan to follow me. At this point, I casually entertain the 1dea that this is a good situation for a mugging, given the desolation of the area. The two indtviduals 111 front then stop unc.xpcctcdly, and step 1nto the darkness at the side of the road. I continue '.1.-alkmg, but am accosted by the two as I am abour to pass their post. 'T1lC)' demand that I surrender my money, and I freeze, realizing that I cannot get past them by running forward. 1
/wa r looc:;rc:ps anu look b:tc:k m tim<: [() ~ec
5:55 p.m. Southern Pcn•""'lvttnUl.
a man charge toward me. I prepare to run, but am caught. The man leaps on my back and sends me crashing to the ground. My mind stops funcuoning rationally. I am not consciously afraid for my l.tfc, but I do not feel anythmg other than pure fear. I formulate the thought that I should offer my assailanrs my wallet, but my mind is not capable of processing that information. My instincts tell me to struggle as I am being choked by an arm gnpping my neck. ~1y resistance, however, is to no avail. A hand rummages in my pockets, and then I hear footsteps pattering off into the distance. With my attackers gone, I get up and see a farruly standing around me. They ask about my welfare, and I check my pockets, finding nothing to be missing. I mumble mcohcrently to the family that I am fine and they pmnr ffil' in the direction of safety. The fairgrounds arc nearby. I typically dislike spendmg money on taxis, but as I have my limits, I decide tomght's' t.'Vents call for a taxi. l make it back to my hotel, and the only proof I have of bemg jumped in a Managuan slum during early-morning hours IS a cut on the back of my neck.
BY STEVE SAVILLE This summer I worked for Casa Alianza, a human rights organization dedicated to hclpmg street children in Central America. When I tell people about my summer in San Jose, Costa Rica, their curiosity and inrc.:rc.:st .remind me of the unique narure of my experience ,\t the end of last year I was deeply interested in travelling, doing human rights work, and living in a Spanish-speaking country in order to refresh my language skills. I concentrated on conracung Casa Alianza because I was interested in helpmg children and knew that the orgaruzation had won the Conrad Hilton award for "'JonGovernmental Organization of the Year. Domg human rights work with a very effcc rive NGO, leaving Toronto, speaktng Sparush at work ... it seemed like a perfect fit, so I scarred a letter-writing campaign consisting of about two e-ma.tl.s per week asking them to let me work there. After about a month they broke down and offered me a posicion. Three days later I was on a plane bound for San Jose. The work at Casa .Alianza has evolved over time. It started out as an orga· mzauon that provided refuge to street children by giving them a place to live, a place to recover from glue· sniffing addictions, :u~d
~
Mercury wnh n ltccnc;c plate reading, "BON JOVI". Saturday, May 25th, 5:01 p.m. Game ~Y Arrive at the RalCJgh ,\rena. ~o scalpers 111 stght. \nxtel:)'. . 6:20 p.m. Find a b'11}' from Toronto offcn~g two good ticket~ at a reasonable pncc. Rehcf. 7:00 p.m. Don (>Ur Leafs regal.ta and rake our sc·ats. Begm taunting Hurricanl'S goaltender. 9:41 p.m. The game.: ends 1-0 for the Leafs. Ctddy wtth adrenaline and Bud Light, we pronounce our road trip a success. Sunday, May 26th, 1:31 p.m. Somewhere m the.: Appalachians, \\C hear a guy on the rad1o stnging a country and western ballad about his fishing boat. l'ossthl} the first time the word "transom" has been used in a love song. Monday, May 26th, 1:00 p.m. Stop in Cbcland for a ballgame. Jacobs Field rcnunds us wh) the Sky Dome~~ so terrible: here the grass is real and the PA guy doesn't msist on making :;!uttered glass sounds l'Vcry time a foul ball lands 111 the stamls. (Shame about the blatanrly raciSt tl':lrn m;~scot.) 8:19p.m. Pass by Buffalo. Should we grab ~orne chicken wings at the Anchor Bar? ( >ur hearts say yc:s. Our guts, exhausted by four days of \\'cndy's and Knsp} Krt·me, refuse. \\'e prc.:ss on, homeward. Post:;cript: The next day the Leafs lost Game 6 and \\Crc elimmatl·d. The rest of my summer sucked.
Cambodia's hidden police ~1y stomach turns again as they begin to look more like slaves. It is the most harrowing moment we've had to face yet. Quickly I T hey wait behind a large glass windo\\; think back to what we must do: gather e\irow after row. They are numbered-marked dence and information that there are children here, held against their will and being to idcnafy them not by name but as corn mod.ities. As we come into sight, one of sexually exploited. I slip back into the persona we had talked about before. \'\'e are them begins to sur, then another and anoth cr. Suddenly all of the girls are pnmping rourist Americans-and I have a different rhetr hatr, waving and giggling. We arc in the name, a chfferent hometown, and a different heart of Phnom Penh, the cap1tal, with a demeanour. "\X'hich one you -w'llflt?" asks the team of Cambocha's "Iudden police." rnamasan more msistcndy. I begin to rapidly "Which one you l.tke?" asks the girls' scan the row~, counting. There are 32 girls mamasan, thetr owner, who then adds, "Red inside the room .•\bout half arc Y1etnamese tag mean Vietnamese, blue mean and half arc Cambodian. "Hey, take a look at Cambodia." \ s we look through the glass, number 12," l say to one of the other inves\ my stomach turns. The sight of all these tigators. "!'-.umber 12" looks to be the young women locked in this tiny, brightly lit PlEASE. SE.E. "\\\ltMN WAff\C\QNG," P"-GE. 11 \ gl:ts!> cage remmds me of a "rison Ot' a 7.00.
BY BEN PERRIN
I
a way to create s tability in thetr \ivc!>. \ n
c.hc early \990s, h owever, many Centra\ _,\merican gm·ernments began cackling rhe problem of homeless ch1ldrcn 10 dolt-nc and detestable ways. This devcJopmenr, coupled with Casa Alianza's commitment to protecting children, led to therr development as an advocacy organization. At the organization, I mainly worked on bringing claims on behalf of meet children before the lnter,\mcrican Court of Human Rights, pressuring governments to curb illegal adoptions out of Central America, and purring an end to the sexual tourism for which the region is increasingly known. For the most parr, legal work is simiLrr no matter where you do it. The main differences, however, are the type of people you ass1st and the problems you battle. Th1s summer, I walked the streets, went to the shelters, and gor tO know my clients in a very personal \\-ay. I also knew thar I \vas helping them \Vith some of their most basic needs, specifically their need to survive, to have food and shelter, and to have someone help them fight for their most fundamental human nghts. Helping these children \\'aS an indelible and rewarding expenence.
LLI
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1-
FASKEN
www.fasken.com
MARTINEAU F..ken Mattlne.u DuMoulin ~ Barristers and Solicitors Patent and Trad•marlt Agents
Vancouver
Giving aid to street kids in Costa Rica
For infortrtPtion contact: Sally Woods, Director, Profess1onal Personnel, 416 868 3468 or sallywoods@tor.fasken.com Toronto
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EDITORIAL
12
ULTRA VIRES
EDITORIAL
ULTRA VIRES
Take stock, shareholders ••• er, law students
lltn\ \ tn:s L~ the student newspaper of the
hlcuhv of L'lu at the l nt\ L't'MtY of Toronto ( >ur goalt to prO\ tdc a forum 111 which srudems can
A ll·adcrship desperate for global recognition. ,\n nccounnng departexchange their 1deas. \\e hope to foster a ~<.n~c of ment rl•luctant to divulge its expense eommumn \\'lthtn the I·aculty of l..au, the reports. ,\ development office bent on l nn:crsay as a whole, and the greater Toronto glitter and gold. Corporate scandal are:.1. Our nuss10n IS to increase student aware u-aiting to happen? =--:ope. It's your ncs~ of legal .tnd soctal1ssues and, m rum, to (public, mind you) Ia"' sch<x>l. encourage our peers to contribute to the man\' Over the last couple of years, th1s commumoes of whtch \l.t: an: a part law school has embraced a corporate model: J.ega! education is an invest1 drier 111 Otif ment, and a hefty one at that, which Salman Haq will bring rewarding returns. More funding is needed to ensure that ( anada's premier law school becomes Amttmrt Edrlors m Chief Bcrnina Butt nen more premier. You've got ro spend money ro make moner Alexandra Dosnun Maybe so-but maybe, if we srudcnts arc investors and consumers, we should [YtJINI'U also demand financial transparency and Brenda Didyk scn.1ces wlored to our needs. Hours of line-ups to register, resolve conflicts, Ug.rl lnms and buy books can hardly be called effi Tim \Vllbur ocnt scfVlce. In a school devoted to sleek clecrronica, it is surprising that stuDliw:tMIIf dents m ust wait so long, and so many Ian Richler times, for relatively simple transactions. Ro bin lfu Why not htrc more bookstore clerks for the first week, and extend the hours? Prodslaion M~WJgtr More tmportantly, many of our r:mil} Mak peers remrun on waiting lists for big,
four-credit, core courses. Smcc these coursc..'S are so foundanor: .tl. \\ hy nor open more and smaller sections, which might even (&"llsp) encourage discussion <lnd engagement with the matenal? The number of distinguished visiting professor~ in the syllabus is impressive, but it's hard to take advantage of the array of courses on international criminal law when you can't get into evidence. As share-oops, stakeholders, we should demand a reallocation of resources to the services we most need. Speaking ot resources, it would be ruce to know JUSt how our mvcstmcnt dollars arc being spent. What was the price tag on the new C· attorney recruitment soft\\'are? The Career Development Office won't say ('it's a lot'}. How about the cost o f the redesigned website? (fhe school hired D uo Designs, the sleek folk who keep RBC group looking so sharp.) This as the Financial ud Office struggles wtth increasmgly debt-loaded students. \X·hy not give Aladdin a break and alJocate the Financial A1d Office more administrative support? Responsible investors should be able to track ho\\. their dollars arc being spent: we demand full
disclosure of Faculty expenditures. Evidence of the school's new orientation abounds. Enrolment m the JD/MlH program has soared, while the JD/.\ISW program dwindles to non·cxistencc (last year, out of the goodness of his h<.'art, Professor Duff, expert in tax law, acted as director for the dying program). Perhaps, for future social workers, U of T is no longer an attracove Investment? The new bookstore policy (par later, but at 18% interest) emphasizes the bottom line above all. \nd the company hired to produce the Faculty website prides itself on irs "branding" services. Just what arc we being branded as? The unage created br the websitethe tmage the administraoon wants beamed to the world (or at least deep pocketed furure mvestors)-1s that of a school on par with its sleekest Amencan counterparts. The reality felt by students is that they might not be gernng their money's worth. Seem a bit extreme? Mavbc so. And maybe.., just maybe, that's because law schools arc first and foremost msrituoons of higher learning, not corporate empires in waiting.
BM.1111es.r Mm1a._~ Simren D esai
CbP.l Editur C uo\lne Libman
Letters to the Editor Ed1tor, \ note with mtercst th e \law schoo\
Contribuum Kc'Jrh Burkhardt, Ncr/ { 'raik, Mich;~cl Dun n ,
Da\ld Kolmsky. Ronan l ..Cl}'; Graham MaJediJ, Grant Mel..cod, Karen P...1rk, j osh Paterson, Ben Pcrnn, J ames Rempel, ~tc1·e Saville Ultra \'ires ts an eduonallr amonomous nc\\rspaper. l 1tra Vtres is open to contnbution~ whtch reflect d~crse points' of v1ew, and Its contents do not necessanly reflect the vkv:s o f the hcultv o f Law, the Students' La'.ll Society (~LS) or the edt torial board. T he editors \l:clcomc comributions from students, faculty and other interc.: stcd persons, but resenc the right to edtt submissions for length and content. Commurucauons Centre, falconLT Hall 84 Queen's Park Crescent Toronto, Ontano, :'\15S 2C 5 (4H>) 946-7684
ultra. \-Ire~@ utoronto ca \\:ww.la" .utQro nto.ca/ ultra v1rc~ \Jo. ernsmg mquuics should be sent to the attention of the advcrusing manager at ultra \'lrcs@uto romo.ca l' ltra Vtrcs JS published month!), and ts pn ntcd br Weller Pub iJShmg m Toronto. l.trculation 2,000. The next tssue \\.1ll be m Ocrobcr 2002.
Read UV.
tuition\ debate, and would seck to add a .m:~dtan /Fnglish dcwpoinr. (1 graduated B.Sc. from Trimt}; class of 8T5 m 1986 and ltave lived in tlte UK since 1990, working in financial scn;ccs and venrurc capital). 1 would note the UK uruversiries arc in a similar posioon to Canadian ones: large rncrcases in enrolled students, no corresponding increase in revenues from the government (srudent tuition is very low). T he result is leading UK univen;iries arc finding it irnpo~sible to recruit talented academics against American competition and arc qutCtly being 'hollowed out'. l ndct·d, 1 was recently speaking with the Professor and Chair of Department of a major department at the London School of Economics. He told me that increasingly they were recruiting mostly academics whose partncr~ held very successful professional positions, and who could thus afford the low salaric~ of lJK academics. My own take on this is this. My second degree (1 year ~f.Sc. I~~E. 1990) cost about £5000 tuiuon (the then prevailing UK foreign student rate), my U of T undergraduate degree cost about £3000 (over 4 years, not adjusted for mflauon) or about S7000 1985 dollars. My next degree, a 1 year executive \fB.\ at London Busines. School (Sloan programme, 2003), w11l cost over 5 times as much (more than S70k Canadian). London Business School, almost alone amongst English universities, has successfully freed itself from the bonds of being a publicly fundell institution. (
Accordingly, it has been able to attract world-leading faculty, and is rated as the best business research school in Europe, and the number t\VO overall 1n Europe (behind 1nsead) on "\-arious weighted rankings, placing it in the top 10 in the world against North American competition. The prestige and resources of the 3 universities I have or w1ll attend, and the corresponding contnbution to my own earnings power, arc about proximate to the ruition I paid. In other words, each step up in tuition has, to dare, leu to corresponding benefits to my career of similar magnitude. If U of T Law School w-ants to rank itself in the elite of orth American law schools, and its graduates want to benefit, throughout thetr careers, from the kudos of having attended that law school, then it will need to be able to pay salanes at lca:;t competitive \\.ith the k'ading LS state law schools (Michigan, etc.) if not the lcadtng private law schools. Those academics will have significantly lower after tax incomes if they live in Canada (taxes arc higher) but they will enjoy the benefits of living in Canada's more bcrugn society. Its not a nice game from an equity point of view, but irs one that Canadian instiruoons will have to plar, if they wish w remain world class. Whatever the traditional Canadian suspicion of 'tall poppies' (as the Australians have it) leading institutions attrnct leading academics
and have leading tc..~.tchtng and research, hy paying for it. T h l• benefits to Its grad uates follo w through in their later careers. Difficult ch()Jccs, bur, unlike 1n any ll K u mvcrs•ties, U of T law school is at least being 1-,>iven the choice of making it. - john A. Bolitbo Principal, JAB Associ,llt.r, London, UK
£dtlor. Somehow I doubt that I'm the only one who is disappointed with the courses that I'm in this term. ~ \fter u·aiting in line for four hours to straighten out my timetable on Tuesday, I'll still couldn't get into every course that 1 u-anted. As a result, I'm stuck studying subject matter that T don't like, and waiting around hkc a vagrant 1t the records office every day to sec if I am one of the fortunate souls for \\'hom a spot in his or her desired course has become available. If I don't get the spot in the course I want, I'll end up paying \iety high tUition for a course I'd · rather not be in. Alternanvely, if a spot docs become available, It may be as late as the 25th, by which time I wtll have missed a quarter of the lccrures for that course. In either case, the outcome is less than ideal. I know for a fact that I'm not the only one in this situation. A quick perusal of Thursday's wamng list revealed that 55 students were waiting for Bus Org 111 the fin;t term, 23 for -\n of the Deal, 17 for Competition Policy and 9 for Environment.•! Law Not to fret however, as there remain 12 of 15 spots in Comparaove Law of the Great Lakes Rcg1on in the Early Encounter Period PLEASE SEE "LEITERS," PAGE 17
10 SEPTEMBER 2002
OPINION
13
Specialization in law and in life: two views I Specialization, schmecialization
Labour of love
numerous personal benefits. Boutique or BY SALMAN HAQ niche firms arc traditionally smaller than a l: all took science, math, English. "Proplt· art lidimlo11s on/) u!J.n tiJt) try or sum lo full service firm. As a result, I am part of a small community where my personal intergeograph}; and history in high be Jbat ubicb tbry an 1101"- Giaromo I...~opardi ests and needs matter, and can often obtain school. How many of you rc..member any of that stuff? I m<.-an, I know c,·eral years ago, the sports world as much hands·on experience in a week as anr of the partners. the sky 1s blm:, but I can't tell you why - and \V:~tched as Michael Jordan shunned There arc also benefits ro the firm as it I'm sure we learned that at some pomt. \\ hv the NB \ w join a minor league basedo ice cubes crack when you pour lukew':lrm ball club. I ·ollowing a disastrous attempt at can focus on a specific group of clients in a w:ucr over them;:. I dunno. I think it has proving himself as a two sport athlete, .MJ specific market, while building alliances with somcthmg to do with molecules and some returned to his true passion on the basket- boutique ftrms in other fields of law who chcnucal thmm·. \X'herc did the Fathers of ball court and once agrun led the ChiCago will be called on when needed for a file. Confederation meet? Can't remember. I Bulls to a position of dorrunance. l·or Consider this question. In a business rransused to possess all this relatively basic Jordan, focusing on the game he truly loved acoon, would you rather have specialists knowledge. I probably could've explained a allowed him ro differenuate h1mself from tlea.ling in each of employment, merger~ lot of everyday information to a child. 1\ nd other players while artatrung legcnd:llr) sta- and acquisioons and secunoes law or three lawyers who practice "corporate law" in a now a high school student could tell me - in tus in the sport. , \ II things considered, a lawyer is very full service firm? While the syncrg1stic fact, she would definitely be able to tell me, similar to an athlete. Both work countlc~s effects of full scrv1cc firms rna) result in smce it was probably on her final exam. hours to reach a high level of play, fight some cost savings, law is a profession based Is it JUSt me, or is that ktnda depressing? reJection on a daily bas1s as the} are often on quahry and result~. not cost. The amount of learrung that we do dunng My passion is labour law, but it must be judged by the success of their last perforour lives doesn't gro\v. It just becomes more mance, and more than an}thmg, the best remembered that specialization can occur in specialized. And in some ways, that's wrong. lawyers and athletes live out a passion for any field of law; IP, crurunal, M& \, family, ,\ t a time when we are just begmning to their chosen profession. \XIhethcr It is play- It makes no difference. T he dtstinction understand society's problems from a myriad ing through pam to wm a champ1onsh1p, between a spectalized and non-specialized of different perspectiVes, the trend these days workmg ·wuhout sleep to \\.1n a case, or just firm is that lawyers in the former have a paris to specialize - m all aspects of one's life. purring in that extrn effort to ensure the sat- ticular passion for that field, and it is the The trend toward mcreased spectalizaoon isfaction of a client, true passion for a JOb field that continually energizes and mori is perhaps not all that surpnsing. \ fter all, can allow a person to reach peaks never 'arcs them to do thc1r best. I, like most spe International trade theory tells us that all cializcd practitioners, am (lOt prepared to imag1ned. countries can be better off 1f they spectalize 1 have a passion in law and have chosen dtlutc m) rcputaoon nor the reputation of m areas in wh1ch the)· have a comparative '" spl·n ,thn• in that field. I admit, this chmcc the fi rm by taking on a legal igsue where no ad... antage. The <.arne goes for inili:•:\.duak has placl·d h mas on my Cllrecr; I do not pass1on exists. \'-rw should\ spend two hours cooking tf l m ake "Hay :-itreet money" and am not in a If you ever end up watching Shaquillc <.·mid ;usc l':ll our- nnd spend rlwr prcc:rous well kraown office. In f.'!ct, I han· J~'l to find ( )', l.'al 1t1 "Kazaan1", dun k abour ho\\' dw rinll' Jorng \dJar I'm bcsr ar? l ncrcasingl;; our a law student who rrul~ knows a nJih ing <JUahry of u·ork produced would h~· berr<.:r if soctcry has embraced the efficiency-ba~ed about the firm. But on the other hand, I am we left acting to the actors, basketball to the rarionak• for ~peoalizarion. You can now p.1,r 111 a place \\.·here cv<.n lawyer is an expert in seven-foot giants, and law to the lchral spe!iOmeont' to shop for your clothes, ck-a.n your the field, client knowledge and satisfaction cialists. Don't try to be "E,·eryrhing to house, cook your m<.-als, repair your c.u, and 1s a dn\'ing force behind the business, and rveryone", just be "Something Special to ncn \\':llk your dog. I low many people sing current labour law issues arc played out on a Somconl' 11 • in a chmr these days? \\'c havl: professionals Jaily basis. Beyond these legal benefits arc to make music for us, so wt• don't need to.
BY KEITH BURKHARDT
W
S
Convocation Address 2002 CONTINUED FROM "AS FLEDGLING," PAGE 9 time here. \nd so if our Class's respect for the members of our own community is anythmg to go by, I hope we arc poised to make giant strides for the profession in the futu re.
Ourselves L astly, I u-ant to talk about the importance of self respect, as we finis h our time Ill school and :.tart our careers - whether 10 the practice of Ia\\.; in cducanon, m polincs, in advocacy, or in any of the other areas where I'm told a law degree is helpful. After such a full rime here, as we entlurc more professional training by the Law Soctcty and anticipate our arricling year, it rrught be easy to forget about respecting who we arc and what we srand for. Yes, cerminly wday's events arc about respecting our very impressive achic,·cmcnt of earning law degrees and listen: I \\~lilt to be verv careful that we respect the JDs just as mu~h as we respect the LI.Bs. ,\s we carrr our degree to our next JOb inter 'ic\\; or put it up on the wall, or store it
in an attic somewhere - whatever is your style, I guess - I thmk it is crucial that we remember the moments tlunng law school of which we arc most proud, and which made us feel hke we were achic,ing what we wanted to achieve. Rdlect on the part of your L'lw school career that made you happiest: \\'as it when your client at the chnic got diversion, or landetl immigrant status, or worker's compensation, or successfully launched a new business? Was It when the Technology anti lntellecrual Proper£) conference you organised drew nearly 200 delegates and speakers from across the country? When you got cltctcd by your peers to n:prc..,cnt their interests to the Facul£)·? Or when you organised a hugely successful trip to Law Games for srudcnts from the Faculty to feel part of a communi£)· across the country? When research you did for a professor or a pro bono placement or a human rights or public mtcrest aJvocacy or business intern· ship got published or made it onto the dt·sk of a government minister? Or maybe when you answered a cLtss-
mate's question when you knew he or she \\'aS struggling to undcrstanJ, even though the concept ;;ccmcd obvious to you? ,\fy bl·t Js chat your proudest and happiest moment reflects some of the goals and aspi· ranons that you carried with you when you first started here at the Faculty. 1l11s is why 1 fet:l it's so Important to n:mcmber and respect the people that we were before Wl' came to law school, and to remember and respect the knowledge and opinions and
"My bet is that your prodest and happiest moment reflects some of the goals and aspirations that you carried with you when you first started here at the faculty." goals we had for oursd,es. Legal knowledge is a very powerful and important tool - but we can't forget that legal thinking 1s only one way of looking at the world - certainly not the onl} way. \\'e have to usc legal thinking creatively alon~ide other worltldews and modes of pcrsua~ion, to l'Xpand but not
\\~'by should we poison the air \\ith our ou·n son).,>s? Pretty s<x>n, we will all be completely hclpbs at doing an} thing except the one rhmg that each of us doc; best. lndi";duals arc not councries, and there arc ~erious drawbacks to increased specialization. How likely arc you to question authority, if you don't have the breadth of knoukdgc ro undcn;tand the n.'asons behind decisions? In addition, specialization deprives scholar.; of the ability to communicate even in closdy adjoining fields. 'This !<.-ads to greater igno· ranee of how things work, especially in the btg picture. The reduction in the diversity of our education means that we end up relying on experts to an unprecedented degree, and we become afr.ud of daunting complexity in unfamiliar topics. . Of course, rndividuals specialize for some of the same reasons that countries do-because 1t is more effictcnt, and ultimately, more financially rewardmg. You sww recK arionally? That's nice. But, wait, you're an Olrmp1c swimmer m the 200-merre back stroke? Bnng on the dough. We reward peo pie who are exceptionally good at things. In some ways, that's frur. But there's more to lift than wealth - and tf we were to respect, admtrc, and reward diversified, well rounded people, perhaps more of us wouldn't be so wary of having too many things on the go. Think about it - a person v.ho is constant\)' movm.g \ rom one tbi.ng to the m .."Xt i~ con<;\dcred to be "dnfong mmlessly." while
smnconc who i.' pur:;uing her Ph. I) m coru pur;triona/ flwd d) n:tnuc5 rs "fix:uscJ. "
So, l;tw ;;rudcnrs, spccialuc as you please. Take that Corporate Reorganizarion of Distrc.s~cd Comparucs cour;c if you must. But please - if there's "optional" reading. skip it. Compose a song, create a new recipe, rc..-ad Plato, or walk your own dog. I'll be here sup· porting you, drifting aimlessly. substitute for the ways of thinking, and the experiences of happiness, that we brought into our time here. (Respecting our whole selves will make us better lawyers, and better people.] ;\ nd so to conclude, I have just a fL·w remarks to close this speech.
Oscar Wilde once said "Some people cause happiness wherever they go; others, ul>mmr they go." 1 think the Dean must be relieved ro see this Class graduate. \\'e haven't given him a vcr} t-asy rime of it. But I truly think that without the outspoken and enthusiastic participants and leaders of this Class, this institution will be a poorer place. AnJ by poorer, I of course mean qualitarivcly anti not financially, since I and my classmates managed to sneak into the halls of academe when ruition was set at a measly ten thousand dollan;. But ... I said I wasn't going to talk about tuition. For no\\; I'll lcaw that to the capable and outspoken mc.:mbcrs of the classes that come after us. So mstead, I will conclude by "ishing all of m} classmates the highest successes, happiness and sclf·rcspect. I look forn-artl to follo"1ng your careers and your paths, whatever you choose thtm to be.
j
14
South African court recognises socioeconomic right BYTIM WILBUR In mam counmcs, courts arc reluctant to mandate that the stare take po lll\ t mc.1surc to pre\ ent 'iolauons of a citi zcns' nghts. Rtghts arc most often thought to bc ncgaO\ c. where a state must avmd a ccrram course of action to prn ent a nght from being v10l.ued. Jn South \fnca, howcn•r, the courts arc quue comfortable m n:quiring rhe state to !.lkc postO\"C step.;. In the ca~t of
Trralmmt. 1rtron (.ot~tpmgn tl. aL t: Mmirttf" of I furlth tt. ,z/ (T. I G), hamled down in Mar 2002, the South \frican l.onstitunonal Court stared chat the .'louth \ frican gon:rnm~:nc had ro supply a drug w pregnant \\omc11 ro pn:' em mother to cht!d rransmis~ion of HI \ ~
Tins JS not to say d1at only South \ fncan courts make orders that rcqwre po510\ c measurc:s be taken by the legISlatJ\'C and cxt cuth·e branch of the gm·cmmcnt. ln f:lthidge z: Bnmh Coh1mbia, the Supreme Court of Canada statcJ that B.C. had VIOlated H'Ction 15 of me Charter b} failing to provide interpreter serv1ccs ro the deaf in the provision of health care. ln the Samity ca~e. the \nd\:ln , U\)rem e <.oun ru\cu t h at th.: n\')>\.
UlTRA VIRES
LEGAL ISSUES
\0
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'<\.lu";J.\ U"\ \\<l'l \'C:<:O:.W<:. \'t\>\'ct C\TIC:I""t;Ct\C~
lll<'<ltl·a/ trcattnC"nt.
Under the South African Constitution, the right to health is stated as a right in the constitution itself. \s in thc-;c m.o ca.c;cs, the coUrt m r t\\ rcquucd d1c lcg1slaun: and exccuu~c brancht'S of thL gO\emment to take posm'<e mcasurl'S and dehH:r the ncccs sary medical treatment. llc >\H~cr, unlike both the Canadian and the lnd1an cases, this po~itivc nght to health can: was not derived from another right, he it the righr t" equahry or the nghr to hfe. UnJu the ~uth \fncan Constinmon, the nght to health IS stated as a nght m the consmo non rtsclf. 1bc court refers to this nghr, along \\1th other nghtc;, as socio-economIC nghts. \s the court m T \C «tatcd, "rhe que rion 111 the prco;cnt ca c. therefore, ts not \\hether socro-cconorruc righrs arc JUSUaablc. (\car)\ thC} :uc." The ~outh \fncan Consutuuon therefore puts Judges m a unique post tion. It aiiO\\S Judges who rhmk th:u posrme, or socto-cconomtc nghts should be protected to appeal to the consmuoon itself. In man} other coun tncs, courts \\orr} th.lt orJcring .\ gm. crnment to take posinvc measures dts· rupts the balance of po\\L'f. amounts to JUdicul poliq, or goes against a prt sumcd ongm.tl tntent of a tonsmuuon nsclf. In South \fnca, on the other hand, Judges can appL':ll 10 the words of the consntuuon to state that tcrt.un mcdtcal care rs a right of all cmzcns.
Federalism concerns dominate Kyoto agenda BY NEIL CRAIK n September 2, Pnml' .\!intstcr hrl-ticn, in his aJdr~ 10 the \\'orld Summtt on ...,u. t 1111ablc Dt, dopmenl, l·ommineJ w phce the Kyow Protocol before the Canadian P.ulumt·nt ror a , ote on the Prorocols r.ltl fkatlon. ,\lbert.t's rcspon'e to Chretien \\"<IS as swtft as u was prcutctablc. Its offictals, \\ere lluick ro conJcmn the Jt·ciston anJ to nmc that the federal gm·ernml'lll ts m no posioon w unplemenr the K}oto Prowcol without pronncial cooperation. In makmg his announcement, Chretien cited both rhe global imperauve to take action on climarc change anu the continuing need to consult \\ith Canadians and the pro\inces on formulating a plan of unplc mentatiOn. Ominous!), both \ lbcrta Premier Ralph Klein and members of the Canadian \Jit.1.nce have suggested that the prO\·inces mar pursue "legal and consritu . r:ional options" 10 their opposition to the Protocol. Officials from Onrario ha,·e !,>iven sunilar inclications thar they will oppose the ratificauon of the Kyoto Protocol unless they receive assurances that me ProtOcol will not negatively affect the Ontario economy. The authority to ratify the Kyoto Protocol is clearly a matter for the federal parliament. Comequently, any legal chal- (that is, treaoes entered into by me United lenge to the sratus of the Protocol will be Kmgdom on Canada's behalt), \vas resmct aimed not at the act of ratification, but eJ by the Privy Council in the Labou,. Com'fllltoll; C..ast to only those areas other<ather ~\\ ··'")' 'myp\cmcnting \cg\s\at\on.
0
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Progress on climate change is virtually impossible without a coordinated national approach. The global nature of the climate change problem requires cooperation at the highest levels of government.
"Yhc
"~'t>\emcn'lanon
of i.ntcrnationa\
em·ironmental commitments in Can<\da mi>c' two Issues of consriruriona.l uncerralllry. Firsr, rhcre is no explicir allocation of tht· power to regularc rhc em·ironmem under the consrirutional clidsion of powers. Second, the abillry· of the feJcral gmwnmcnt w enact lcgis\auon in orJer to implement tts mternauunal commitment~. whtlc rcscn cd for so calleJ "empire treaties"
w\~e wtthm
federal con stitutional juri~ dic
tion. 't:tl;{·n wgcrher, ir remains an open que:; rion to wh.ar t'xrcnr rht• fcdt:ral can go ro in implemcnrmg
gon·rnmcnt the f-.:yoto Protocol; however, consrirurional cnticisms of the implemenrarion of the h soro face a number of limitations. 1\lanr of the Kyoto mechanisms ~uch as cnussions trading and jomr implementation
wtll H'I.JUire furthl·r stare to-state agrct• mcrns. Thl·rcfort•, tlwsc mechani•ms coulJ fall within the fnleral gowrnment's junsdtc· uon under trade and cmnmen:t·. D~:penJmg on tlw nature of rhc lllstrument, ccrtalll mecham~ms may abo fall unJer fcderal go\'crnmcnt\ cxclu~iVl· junsdiction to enter into rrcatll'S. The fnleral government can :~lso usc lts t:lxation powers anJ its aurhori t}' to provtJe and remove inJu~try ~ubsiJics to alter market conJnions in favour of n:newable encrg)' ~ources and ro proYiUl' market dtsincenti.Yes for rhc connnueJ rehance on carbon-based energy sources. The constinuional authonty to regulate the cnvmmmenr has also been repeatedly intcrprercJ as being shared berween both levels of gowrnment. Consequently, even command anJ control I) pe regula nons armed at reduceJ greenhouse gas emissions arc likely to be exercrsable by both the fed era! and provmcial governments. Regulations of this t}'Pe enacted under the Gu1t1dian F.m7f"OflllletJial Protection Act have bcLn upheld by the Supreme Court in R \'. I !JdroQuibfc as valid exercises of the federal crimmal power. Interesnngly, this case contained a strong dissent premised on a distincuon between regulatory and criminal legislauon. Given that the aim of me Kyoto Protocol is not to prohibit greenhouse gas errussions, but to regulate in a coordinated fashton their release, reliance on the federal government's criminal JUnsd•cnon may prove to be contentious, notwithstanding poss1ble penal consequences. T h e national concern doctrine under the federal governmt:nt's residual audwri1y found in 1he peace, order anJ gooJ govcr·nmcnr (I'<)(;(;) clause of tht' Consttlu!lon ts a mon: soliJ foundauon for the implementation of the Kyoto Protocol by the feueral gO\·crnment. \\ hile such an approach was rejected by the Supreme
PLEASE SEE "FEDERALISM," PAGE 18
B.C. dismantles Human Rights Commission BY BERNINA BUTT
rights tribunal that ts mdepenJent and from gm-crnmenr anJ that has ( )n :\by 30, the Bmish Columbia govcrn- .1 d1vcrsl' mcmhcr~hip, a broad mandare, mcnt introJuced Bill 53, the Human Rtghts .tJn1uate powers of invesligation anJ suffi. Code ,\mcndmenr Act 2002. Promptly Cll'nl resourc.:es." thereafter, tbc Chief C1Jmrrussioner of the The main modificarion proposed by the 1\.C. I Iuman Rights Commission was Ji~ Btll i~ thl· strt•amltning of the three prcH'llt misscJ and escorted from his office. The statutory bodte~ - the Commissum, the Jcciston ro restructure the human rights Tnbunal, anJ the ,\Jvtsory Counc1l -into sysrem came after a "rhorough rcviL·w" by a singlt- statutorr body in an eftim ro dimthe \JminiMrati,·e Jusuce Project of the marl· duplication and backlog. The I Iuman S)Stem extant. Rights Tnbunal will be directly responsible It rcmatns ro he seen whether rhc dea- for acccpnng, mcdtating, and adjuJicating sion to superseJe the Commission wtll all human rights complaint,. compromrsc the aln."ad)' bcleagucrcd ,\ concnn thut stems from this alteration Jefl•tll:c of human rights in the pro\'lnce is rhat the government'~ dinunation of the und, tf substlJUcntly aJopted by other Commission, and consequl'fltly the legal provinre~. throughout Canaua. \\hat impli counsd employed by ir, wtll ha\'e an adverse cations docs the Bill import for the rights l'ffect on the landscape of public interest that arc arhru;1bly mosr de~crving of cham· cart•crs. '!"he elunination of opportunities in pion~h1p? 1his area and the first· blush pnomization of Deputy Auorncy (;eneral Gillian human rights ad\ocaq on the bottom rung \\'allace nssurcs that "the substantive pro- will effectively place many sruJcnts-at-law tections afforded hy the !Iuman Rights in a foregone conclusiOn ro climb the corCode" \\ill nor be affected under the Ill'\\' porau: ladder. S}Stcm. "\\hat \\'Ill change is the method of In rc: ponse to this, and in the interest of protecting thc<e rights. The model set out procedural fairness, the govt·rnmem has in Btll 53 comphes with the L'nitcd ~arions formulated a new clime model. \ legal din 'Paris Principles' by constituong a human 1c funded b) tht• public will assist parties autonomou~
throughout the duration of complaints. The \lmlstry of rhe Atrorney General will mandate the B.C. J Iuman Rrghts Coaliuon to assis1 borh r:omplamants and respondent~. Resourn·s \\ 111 also be allocated to the Communuy Legal Assismnce Society to prm IUl' leg.ll coumd when the neeJ arises at tnbunal hl"arings. Thts scheml· will replace the current sys tern unJcr which, unlike all other pro\1nce~, the Commission docs not assume carnage of complainrs. Complatnants arc directly rcsponsibk for Jctermming what remedy to pursue. The B.C. !Iuman Right~ Coalioon \\111 not on!~ asst t complamanrs in the pursUit of the recognition of their rights, bur wtll also he responsible for devclopmg and delivering "a program of preventive education and traintng to promote the purposes of the C:oJc and encourage comphance." Thl· \ltnistr} launched a public consultauon procl·ss to address 1he concern~ about the upJarcJ education program and the mher facets of Btll 53. A draft red Jinl·d consolidation of the Human Rights Code can be found at http:/ /www.g0\~bc.c.1./ag/. Reactions to tlw .1mendcd CoJe \\ill be accepted unnl St·prembcr 15, 2002.
10 SEPTEMBER 2002
LEGAL ISSUES
15
Lowering the bar on enviro.nmental standards: the Deloro decision BY SALMAN HAQ fter me longest environmental trial m Canadian htstory, the Ontario Ministry of the Envtronmcnt (MOE) was acquitted m 2001 on pollution charges in connection wim the Dcloro mine site north of Belleville, (>mario. The charges, first laid by a private citizen in 1997, arose under the federal Fisheries . \ct anJ the Ontario \Vater Resources ,\ct (0\\'R \ ), and allegeu the conunuous discharges of various heavy metals (mcluJmg a~enic, cadmrum, cobalt, copper, nickel and zinc) from the Deloro industrial site into ~loira Rtver and Young's Creek. The Dcloro case marked the fust time in Ontano history that the government was charged under its own envu:onmental laws and me curious situation of rhe Crown being both the plaintiff and the defendant raises some disturbing questions about the likelihood of me government bCJOg convicted in such situations. The testimony of several defence witnesses called by the MOE revealed a strong Ideological conviction that the government, which had taken over management and control of the mine stte from a bankrupt, private compan} m 1979, should not be taken to court under its own laws. The offences under both the Fishenes \ ct and the OWR.A are "smcr liability" offences, 10 that they do not requu:e any mental mtent requirement, but where It IS open to the accused to avoid liability by proving that he took all reasonable care. Dorval). had little difficulty tn f10ding the required elements of the actus nus of the OWRA offence {she dism1ssed rhe charges under the Fisheries \ cr). f ro,n ·ver, rhe MOE argued that evco if It had comrnmed the prohibited acts, 1t should be found not guilty because tt was duly diligent in the remedJaoon of the site. Dorval J. noted that "[r]easonable care and due diligence do not mean supcrhwnan efforts. They mean a high standard of awareness and decisive prompt and continwng action." The court then listed a number of factors mat would be relevant in assessing due diligence, mcluding the nature and gravity of the
A
The Deloro mine site n o rth of Belleville, Ontario. adverse effect, what efforts have been made to address the problem, economic considerations, legtslative or regulatory compliance, and the existence of alternative soluoons. Yet despite a list of fourteen such factors, Dorval J. focused solely on whether discharges from the Deloro site were within the bounds of government-issued permits. Strangely, although she fou nd mat the defendant did not always meet these standards, Dorval J. nevertheless accepted the MOE's due diligence defence. Furthermore, she sidestepped the issue o f fundmg constdcraoo ns, no ting that sh e did not find it necessary to make determinations of fact with respect to funding. The Judgem ent, while comp rehcn stve with respect to the actus n11s of the legislauon, rs seriously lacking 10 dtscussion regarding due diligence. The final twO para graphs of the decision simply state that "the defendant had a detailed and plan ned approach to the remediation of a complex site. The defendan t proceeded with mmor but essential components of its plan pending the approval of funding. I have constd ered all factors relevant to due diligence and conclude that the defendant has tndeed
caused the initial pollution. In other words, standards for such environmental "white knights" should be lower. However, if the government is truly acttng in the public interest, it should be held to the same stan· dards-tf not htgher-as a private corporanon. Why should it be reb-ant who crL-atcd the problem in the first pl.1ce? The govern· ment is now in charge of the slle, and tt intervened expressly because the private corporation no longer exists. In other words, the state is now the rcmediator of la.~t resort. The second issue relates ro the practice of government prosecuting usclf. .\lrhough com;ctions might ultimately mean rhe simple transfer of money from one ministry ro another, such prosecutions repre~ent a public denunciation of conduct at odds with environmental stewardship. I n addition, enforcement of environmental laws against government promotes and enhances the ponciple that no one is above me law. Finally, prosecution and conviction of a p ublic sector environmental offender is an indicaoon lhat "not-for-profit" actors are just as likely to commit environmental offences as "for-profit" actors. Given the importance of ho lding public agcnoes accountable, then, does it make sense to have the government prosecute itself? Can the adversarial system truly be effecove in such a siruaoon? Can me twO parties be seriously considered independent? lf the government is serious about being h eld to the same environmental standards as the p rivate sector, perhaps i.t would make m ore sen se to .~ec up a mon· fo,.mal, independent office to p rosecute such claims. The decision 10 D eloro represents a serious blow tO environmental protection in Ontario. In essence, it legitimizes lower envu:onmental standards for governments, and lowers the bar on the due diligence defence. As one commentator put it, the MOE may have been found not guilty of polluoon charges, but no one really won. Salman Haq »-'OS a 11(1/unlttf" for tht
established on a balance of probabilioes mat it was duly diligent." EnVIronmentalist Janet Fletcher, who laid the private charges against the ministry and ulttmately convinced the provincial Attorney General's office to prosecute on the Envu:onmental Bureau of Investigation's behalf, noted that "having a plan is not due diligence. They've had a plan for 20 years. This is what I see as a major flaw in the law, that all they have to do is commission a consultation and th ey're doing due diligence." Beyond the meager discussio n of due diligence, me Deloro case raises two 1.~sues concernmg the pracoce o f government prosecuong Itsel£ Fir.>t, should th e government be subrect to lower en vironm ental standards simply because it was not respon sible for creating the problem in me first place? Second, is me adversarial proce.c;s likely to produce a JUSt result, gtven that me government ";as both defendant and prosecutor in me same case? Wim regards to me first issue, the underlying theme behind the MOE's various argu- Ennronmmtai Br1mm of Invtsliff1lion dNring tht ments was mac it should be seen as acong 111 2()()1 02 school year throNgh Pro Bo11o Smdmts the public Interest after a pnvate compan} Canada.
10 SEPTEMBER 2002
Human trafficking in Cambodia CONTINUED FROM "CAMBODIA,~ PAGE 17
Our most lucrative investments are on-shore
The money we return into the school system isn't just good fu t u re of the legal profession. Over the past
100
PR -
it's the best invest ment we can make in the
youngest gu-l there. She is maybe 14 or 15 ,.l-ars old. \\'hen she notices us-looking at l1cr, she cowers slightly-hoping not to bt· picked. ,\ftcr our team of five fimshcs taking mental norcs of the agl·s and nationalttics of 1hc 1-.oirb, we tell the mamasan "m;1ybc later, now we sing karaoke." Through some curtains and down a hall we walk. \\"c arc led into a room where j.,rirls arc ~irting on a leather couch. They arc the karaoke girls-there to make sure you sing and dnnk. The whole nme we arc making a mental map of the place: entrances, exits, \\1ndows, and doors. Once we leave, we -..ill need to detail e,·erything on paper. Inside the private karaoke room, we sit down and order some beers. We're joktng with each other as we flip through rhe songbooks. For the next hour, we sing sappy songs 111 Khmer and English. Cdinc Oion's theme from the movie "Titaruc" never sounded so bad. \s I make a dramaoc, and awful, rendioon of a well· known song, the three karaoke girls forget about the young girl in the corner who rwo investigators arc interviewing. We take turns singing songs and getting more mformation from her. Like many of the other gu-ls here, she is a child from rural Cam\xxlJa. She docs not get into details but is clear about the explmtation that takes place here. In total, we learn from her that there arc 60 to 70 girls
17
FEATURES here, some as young as 13 years old. \\ 'hen they refuse the men who pay for their silence, they are beaten and deprived of food. As our hour wraps up, we tell them that we have an t:arl} flight tomorrow mormng to the tcmpks tn Stem Reap, and k-a,·c after paying for our ovcrpnccd Heinckcn and karaoke. As we walk back into the hallway, thinh>s arc busier; the night is just gcu ing started for this business run by a powerful local mafia henchman. \\'c pretend we arc turned around and catch a glimpse down another hallway-\W arc promptly escorted out.
"My stomach turns again as they begin to look more like slaves. It is the most harrowing moment we've had to face yet." Over the weeks and months ahead, more investigative work would take place \\o1th dif. fe rcnt mvestigarors, both local and foreign. Our obsen.-ations, complaints from the girls, photographs, and a detailed map of the enore location would be needed ro persuade not the corrupt police force, but the local poliocal leadership, of the need ro intervene. It IS well understood that the wheels of government are greased \\-1th the greenback, scholarships to top U.S. universines, electrorucs, and expensive foreign cars from Europe. \X'e will not make these offers, and must rely on a legal and moral case to per-
suade. The police will not intervene on their own-they are paid for their inacoon and silence. Rather, through a few well placed, good-minded leaders in the country, pressure wi.U eventually be great enough on local authorities for them to act. ,\n armed rescue of these girls will take them our of this place and the people who claim them as slaves will, perhaps one day, be incarcerated. These "hidden police" arc human nghts and non-governmental organization (NCiO) workers. They do this dangerous job for Ittde or no pay. They arc local Cambodtans who face thrcatemng siruarions without the aid of modern technology or a ju~t kgal srs· rem. ,\ quick mind and smooth talk arc their only defences against the associated perils. Hut these girls \\ill probably never know who helped save them-their saviours arc hidden. Rrcmt Du'f!kJpments The L.S. State Department this year placed the country of Cambodta on a "blacklist" of the worst governments on earth with respect to failing to combat human trafficking. It is a multi-bilhon dollar md ustry in Southeast .\sia and Eastern Europe with between two and four million young women and children illegally trafficked across national borders each year. This summer, Cambodtan Mmistry of Interior police carried out a controversial court warrant and arrested 14 young girls who were Sta}ing at an NGO that protects vtctims of sexual trafficking. The girls-all ethnic Vietnamese under the age of 16--wept as they were taken into custody on charges of illegal unrrugration. The case highlights the contra-
dictions inherent in Cambodta's policies on immigration and sexual exploitation of children as the girls, who were rcccnrh rescued from brothels, were sent to Prcv Sar priso n. Soum: US Stair Dtpartmmt, Cambodw Daify For more information abour human trafficktng, visit www.thefuturegroup.org and www.protcctionprojccr.org Rm
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Federalism at top of Kyoto agenda CONTINUED FROM "FEDERALISM," PAGE 14 Court 111 the JlydroQ11tbrr case, fl·dcntl regulation rc~pccung mannc l'flVtronmcntal protccuon have been upheld as a maltl'f of national concern. \n important argument for ustng the POCG clause 1~ that progress on climate change ts \"irtually impossible without a coordinated nauonal approach. The global nature of the climate change problem necessitates coopcrnuon at the highest bds of gm errunent. The failure of one pro\'mce to adcyuately address its greenhouse gas emtsstons could effccti\ ely nt:gate the progrt·ss by other provinces, and thl· scope of the probkm by ,;rrue of its intl·rnational nature is by ddinition interprovmcial. Thts leads to the final limitation facmg a constitutional challenge to the federal implementation of the Kyoto Protocol. The intenurional Juncnsions of the climate change problem and the international community's rcspon~e in the form of the Frumf~'Ork Comrnlion on CliHJolt Changt and the Kyoto Pmrocol cannot be separated from the constitutional question. The Supreme Court has in recent years :;hou·n itself to lx· more open to the mteracrion bcru·l·en Canadt:tn domestic law and it$ international commttments, citing, for example, international en\'ironmental norms ~uc h as the precautionary principle in support of upholding environmental legis-
lation. It ts likcl) that a f'C\1ewing court uould rcCO!,>ntze the global tmperatlH' of addressmg chrnate change and gt\"e weight ro the tnternauonal community'~ legi~latin:· response. \ court would also n·cognb.e the federal gmt:rnment's ohjl·cun· in contributtng to such a response b) nll'eting its obliganons under the Kyoro Protocol. ~hould n constitutional challt:nge to the implcmcntntion of the Kyoto Protocol be undcrt,th·n, much u11l depend on the nature and !'Cope of the implementing legislation I lO\\ ever, it would appear that the federal government h,1s sufticient junsdictional capacuy w take concrete regubtory action to address global cltmate change. Perhaps the most fruitful avenue for both le\·cls of government would be to focus their respeccin: energit•s on seeking a harmonized approach, beanng in mind that the pronnces have a legitimate voice in how the Kyoto Protocol gets implemented. Ultimate!)~ howner, whether the Kyoto Protocol gets implemented is a matter for the federal govcrnm<:nt ro decide.
ULTRA VIRES
Hearsay CONTINUED FROM "HEARSAY," PAGE 3
I
freedom of spn."Ch ts at the heart of rill' tdea of a<.-ademic freedom, nevertheless, a~ our St:ttcrm:nt on Freedom of Spl·cch contemplatl':>, such dtscussion ~hould not weigh li~htly thl· ~hock, hurt, anger or e\·en the stk•m:mg effect that may be caused by some I) pes of spl•ech that dernl'an others on the bast of tlwir racL·, ancestry, place of origin, colour, cthntc ons,otn, citizenship, creed, $CX, and sexual orient.ttion." l•or Kennedy, the re~pome ro rhe Ht-arsay may indicate that a need exists to address stmtlar issue~ in the future. "I would ha\e wanted the issues [raised] to have been dt~cusscd [by[ anyone who u·as interested. G1ven the time frame [m which rhe llt-arsa} I came out, that wasn't necessarily viable " '-.evcrthcless, she adds, "I would ltke w hav<. seen :1 more insururional response. I ·would ltke to sec some sort of policy that would deal with this in the future."
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CONTINUED FROM "lETTERS," PAGE 12 and 18 of 30 spots in Jurisprudence II, a course devoted exclustvcly to the work of John Rawls. \\'hile it is impossible to predict demand with perfect accuracy, experience should have told the administration that this would happen.
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Enter the Putrid Poetry Contest! U\' is now accepting submissions for the first amm.tl P1.ttrid Poetry conte~t. Send }OUt sonnets, hatkus, odes or what~\·cr to ultra \1fl'SW,utoronto.ca by ( >crohcr 15. The best 0-L'. the worst) poem will wm a spl'cial PRI/.E, not to mention the adulation of dozens of U\' readers (ed: surely you ml·an hundreds?) The winner \nil be announced 1n the next issue. \II members of the law school community are encouraged to particJpare. Here are a couple of s.1mples to ~et your creattn· Juices flowmg: I:rnie and Arnil· Hm\ do }OU tell them apart? Arnie has a beard
'I(> sell out, or not to sell out: that is the question \\'hetht•r 'tis nobler in the mind to earn an outrageous fortune By the time I'm thirty; Or to \l.ork in government •\nd get home in time to watch "Blind Date"
Ci\ il Procedure-Estop, in thL' name of lm-cl really, l'Stop It
An interview with the course selection computer gave it to me at 8 o'clock in the morning. What's up with that? Comp11ter: \\'ow, that's a real tear-jerker. lll : So how exactly do you assign classes, anyway? Comprt!er: Like you would understand. lJ V: You only work one day of the year. How do you fill the rest of your nmc? Comp111er: "Grand Theft Auto" and lnrcrnct porn. UV: Do you sec yourself as ~orne son of dtlls tX marhint~? Comp111er: You don't even kno\\ what that means, do you? Do me a fa\'our, Poindexter, and save your pretentious foreign expressions for Jurisprudence. Ul ": Thanks for taking the time to talk with us. Co111jJ11Irr: Whatever.
,\lost students will have noticed the ominous references in rhe ~yllabus to "the computer." Though it w1dds more power around here than just about anyone else, the computer is virtually unknown to everyone except SteH' the Registranon c;uy. U\''s Ian Richler sat down with the elusive machine. UI ': How was your summer?
Computtr: It was crazy hot around here. Though at least that brought our the sundresses and tank-tops, if you knou what l'm sayin'. Ul ': ,\ lot of people complain that the course scheduling process is arbitrary and unfair. Comp11ter: A lot of people say a lor of thtngs.
The computer: misunderstood? [JI~· This may not be the right time to bring it up, but 1 requested Business Organizations in the afternoon and you
What's your personality type? BY ALEXANDRA DOSMAN Type "A"
Type "Eh"
Coffee
Espresso to go
Triple triple to stay
Registration
First day of school, 9 a.m.
October 13
Bookbuying
Ditto
Books?
Speaker sessions
lmportant for well-rounded legal education
He)~
Favourite room
Fl.~\
,\nywhere with a couch
Clatlses
Follows Dean's recommendations to a tee
(di!,>ital, baby)
free food
'\.o mornin~t. cla~<.cs. No Friday c\a""'''" • "" \\ond<ty da~s~:s. (.\<ts~es?
Want to review your favourite local establishment? Movie? Play? Album?
Inflict your opinions on the rest of us. A• Borden Ladner Gervais llP re e ~"\\I nt to puwo tllilf pass n lor
lor st 1 E'ltS who
:r-.v, and fo
~~~
We be
xper e. es cor •
tawyer, not
..
J~t
M
that ma:r; ~ o'
ut~ to 1t1~ mal<.
19 of a t()p rate
those that •.a;:.e place behmd a
w·
a.~
600 lawyers and O'.lle
profess;cn~iS i.
or.:> of Canad.!'s lead ng aw films,
we're
~~ 1~:-1t> ·:Ill) art ct~ ,. '"
o tr ~
a ooa
·11 ..11
p
~'lei
;..a
Eh ~
'JO o:' ''l lx>cwe
rrc
f n
0 ' abo;: 0
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3',
race
The facult} ·~ other rcsrJ<.·nt ktwi, Colleen Flood, has rclinljUishcd her otic as l~blc Bachelorette :-\umber One. Sources say she oed the knot uith \ussie ,\ssoaate Dean Tony Duggan over the summer. She'' an adrmmstrntive law l'Xpcrt; he d4,>S insolvency -should make for some rivetmg dinner tltble conversations.
I low long is the oty going to leave up those banners featunng the gleaming mugs of U of T brauuacs like Marshall McLuhan, Northrop Frye and the law school's own wunderkind, Sujit Choudhry? The} were a cute touch when they first went up, but now, a couple of )cars later, the ft-stoon-fest seem" lO have run its counc. \!!. ~t \U"'- uY> o~ \s. \ \nboTu ~\«:.c.\. tarnng to tee\ 'a \i.ttlc ll\te Pyonro ang on Ma\ D.11 :'
Spcakrng ol Professor Clloudhry, uvrd is he'' qurte rl1e conrortiomst. \ little bird reUs us that, back .in his high ~chool days, Choudhry used to nmaze friends and passersby altke \v1th somethmg he dubbed the "elbow trrck." Clasptng Jus hands behind his back, he would somehow bnng his arms up O\er his ht:ad, ending up v.ith his hands 111 front {>f him-still clasped! (fry this-it's a lot harder than It sounds.) Whether Choudhry's extra-curncular tnlcnt is evidence of a steely detcrrrunatton or a frcaktsh double-jointednes~. the little bird will not say.
Got a hpt lF"ntr lrJ llltra.t'lm@lltoronlo.ra.
and r~
lms today.
S!Jdcnt p
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Props to Michael Trebilcock fur being named one of the "50 Most Influential Canadian!'." by Aladtall~ magumc. Far be II for Jollo tO ram on the a\-uncular antipodean's parnde, but u-c can't help \l.ondermg just how reliable the Macka1is ltst really ts. \ pnze to nn}one who's ever ht.>ard of Rand) 1.( nnox, Jeff \X'itll or Jtmmy Pattison, let alone been mt1uenced by them.
expe ence th tiS I 1rd to mol(h 'you ...am an
<;I
rany
'lbe l1w school is sull all aru'ltter about Toro111o Lyt's June expose of d1e btg grades scandal. Jotto 1- o~r fOlmd the ptece a bore, though \\'C certainly enjo}ed thl tolourful dcscnpnons of our beiPn·d profs. To wit: Denise Reaume "could ca~ily he mistaken for a grndwtte ~tudcnt." Bruce Chapman ts called ''lank} " \nd our faw)llnte: Dean Ron D 's "youngt~h looks, shght frame .md polished spee-ch give the tmprcsston of a high school debater who's borroued his dad's sports coat for the big tournament."
prO'tlde o r cl lts. \'•e o'ler a brndth ~~ d d• pth
opporlu:ltlto ella! enge you sc f n
~~so
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k'IC.m fOI' the outst.lndtrg \erv:.e we corSJstently
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tat p acP • woO: And
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ULTRA VIRES
DIVERSIONS
20
Ultra News: Not-So-Real News From Around the Law School Anthem imposed on first years
addressc~, and receive their daily br~..·ad
Professor lemmens gets new hairdo
rations. "~ormally, "'e poach people frum smaller, piduhl'r Canadian Ia\\' ~chools, hkc ,\lcCill anJ Osgoode," satd Dean Ron Damcls. "lltring someone from the Kremlin b a lm of a coup, so to speak." The f:tcult} ':;other hires over the summer included E Kafka, B. Brother, and ~L de SaJc. -Robin Rix
In a quest to "complete tht• junior high school cxpcnenc~," \sststanr Dean Lots C luang nnnouncl·d that all first y~..·ar stu· dents uuuld begin thm dap by ~inging th~ national anthem. "They share lockers. The~· bnng their lunches tu school. They ha,·e all of their classes with the same group uf pcopl~. Let's complete thctr return to Grade 8 and make them chant '() Canada' every mormng,'' proclatmcd Chtang. On J·ridays, the national anthem u1ll be sung m hcnch. - Robm Ri>..·
Section One smarter
New year, new look ally has emerged 111 Professor Denise Prompted by the box-office success of Reaume, who congratulated the Dean for .Aflslin Pou•trr 111 Colrltnnnbtr, Dean Ron "letting his outside match his instde." Dantcls has abandoncJ his blue blazers anJ - Ronan L.try S\1 n·ptng hrurdo in favour of a htpper style. His Jistraught assistant, Mary 1\nnc !\tcdvnl, told Ultra \'ires that the Dean has shaved his head, \\t.'ltrs a drab grey suit, and leaJs Professor J\rnold \\'einrib around by a The law school's latest hire has shaken up k1ddJc harness while askmg Bay Street's the £'1culty's operations, beginning with the most prestigious tirms for "a gabillion registrauon process for upper-year students. Drawing from her years of experience in gillion'' Jullars ( .S.). PreJictabl), the Dean's latest move has the 1970s Soviet bureaucracy, Ivana Biggline dividcJ the faculty. Professor Brian I .angtlle single-handedly ensured that students could voiceJ disapproval. "Optically, this atn't lJUeuc for up to five hours 10 order to get good for o\lt agenda." However, an unhkcly their course schedules, confirm their mailing
Back in the USSR
TRA\TOR?
The law school administration has appeared to confirm the widely held belief that ~tu Jents in Section One arc $marter than their peer:; m Secnon Two. It has long been assumed that first years arc Jivided accord ing to thl'ir date of acceprance ro the school, wtth those aJmirted earliest assibrned to Section One. \\ hen askeJ about the veracity of the rumour, new Associate Dean Tony Duggan told Ultra Vires,"! don't know what you're talkmg about," but seemed to wink emphatically. - Ian Richltr
SLS deluged by funding requests The Sl A~ has received an unprecedented number of relJuests for fundtng from new student orgamzations, sources say. ,\mong
Pt\TRER OF CONFEDERATION?
An initiative of:
Sponsored by: FRASER MILNEJI C"SGilAIN
·wbt l•dmire •o 111uch dout.. CBCi R.tri•l of LDui• Ri•U• th• int•rm th•t .VII .xim tod•y in thi• rre•t m•n •nd gre•t /..d•r. • David OlarrranJ, M.moba MetiS Fedemtian Pmident
*
BENNETT lONES
Fa lunhst "'~ plem comacr ChtistDphtlr $Vti6Cfi(J'f 11 I 1m401 .9!73 E.rtm(J(~u
th1..· hopeful are: R \TS (Radical \rrsy Theauc Snobs), H;--:,\ Action (Beers ~· ,\mncsty); PETS (Persons Envisagmg Total Succr~s): and S,\SS (Students Against Superficial Shghts). Janey (Ill), Prestdcnt of the Ru$hmorc Club, could not b~ reached for commcnt. • ./ llt>:tllldra JJo.rmt~tl
Briefly Noted Summer research assistant distraught after seeing prof in tennis shorts. Hcadnotes goes paperless, toilets arc next, says dean. First years titter as prof says "penal negligence." Reasonable person found; tort professors resign en masse.
Got any leads? Send your Ultra News stories to ultra.vires@utoronto.ca.