Ultra Vires Vol 4 Issue 2 2002 Oct

THE STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

VOLUME 4, ISSUE 2

•

OCTOBER 22, 2002

Ultimate win preserves perfect record

• www . law.utoronto . ca j ultravlres

Majority of suspended students return to faculty Several receive on-campus interviews

BY COLIN GREY

said he· knew of six students. one of whom is still suspended, who had been given onJ\t least six of the students who returned to campus interviews by firms. The intcn'lews the law school this year aftt>r being suspend- took plact· Octobt•r 10 and 11 at the Metro ed fi1r lying about their graJcs n:cei\cd on- Toronto Convention Centre. l.nw firms call campus inrcrviews two wccb ago, one of student<; to invite them for second round those stuut•nts said in an inrervtew. inter\'iews on ( >crobcr 25, so no one knows "\VImt I \\.~\s so surprised at was that if any of the ~tudcnts intcrvinved will actuthere seemed to be lJUitc a few firms that ally get job offer~. were willing to do that," said the student, The studc:nt said he was not asked direct\!.ho ~poke on condition that his name not ly about his mvolvemcnt 1n the lying scandal be used. "I had three, and that seemed tO be by intervtewers. But if he is asked to come about tht• average numbcr that people got." to a second-round intCrvic\1.; he expects the "1 certainly know that there's a wide vari- subjeCt to come up. ety of responses that different ftrms \!.ill "I think they would want to hear m y have to the situation So I'm not surprised explanation for the situation," he 5atd. ":'\ly that out of 30 firms or however many par- position is there wert• a lot of rhmgs that ticipated in the [on-campus interview] went into creating the problem. But at the process that there might have been some end of the day it was my dccis10n to submit that were at least willing to hear us and give a mark that wa:-; inaccurate, and l take full us an opportunity to say how it happened respon!'.ibihty for that, anu 1 have borne the anc..l g\vc our st<\t• n£ the ~tory hcf•>re th<.;o

wnte us otf -

Ronan Levy is poised to complete a pass during last Sunday'~> Ultimate intramural game between Law and Graduate House. Law won 13-2 to remain undefeated.

Pboto ro11rltJ.Y of Enrify .\fak.

BY ROBIN RIX Dean Ron Daniels presented a draft docu .. ment outlimng the administration's 17 priorities ar a Faculty Counc1l meeting on ~eptcmher

25.

'lbt· document was discussed bnefly, and will be dcbatnl more fully at Faculty Cmmcil's next meeting on ~ovember 27.

A meeting on October 30 was cancelled on Octobt•r 4 <ming to a "lack of business," according to the dean's assistant, Pat~)' Chard. !\!any of the pnonocs arise from last year's prou·ss to draft the l:lw school's fiveyear plan. Some of the priorities that rccciYc particular attention tnclude:

CBSSELS BRO~K

Accessibility- Daniels has retained Stephen Brown, the financial aid directo: of I ·ordham University's law ~chool, to rc\'ICW and to 6uggest imprmemcnts to the law school's financial aid system. A new c<)m· mince on acccssibility - whtch, the document note~. rcmains \!.ithout a chair - will address tht• rdationship between fmancial aid and acccssibtlity, and will contribute to the report being undertaken by the Provost's Office to assess whethcr law 5chool tuition should continue ro rise by $2,000 each ) car.

Building Projects- Items includ~ a major addinon to l'lavelle House, poss1ble

PLEASE SEE •DEVELOPMENT" ON PAGE 2

c gr.r cs ~c-.wJ:tl tlrsc <'rupt<.:CJ in early

2001, \!.hen it c;mJc ro /rghr rhar $Cvcral firsryear studen t~ h;td suhmtttcd falsrfied grades to law ftrms and other potential employers when apply1ng for summer jobs.

Thirtv-four students were ininall~· implicated in. the scandal, out of about who apphcd fo r summer jobs. The law school ultimately suspended 17 of these students for one yt~r. a University of Toronto spokeswoman said at the time. Five other students recci\·ed lesser sancnons, ranging from a reprimand to a notation on their academic record and tramcript.

Three student~ were referred to the Univer~ity of Toronto provost on more serious charges, and were l:tter given suspensions mn_1,rtng from one to five years.

The suspended students \!.111 also have a notation on thctr academic tr:tnscript for three months ;tfter gr:tduarion, the U of T spoh'Swoman said. lkcause of the nota· cion, law firms and other potcntial employers can still identify the students involved.

This year, a "maJority" of the suspended studwts rcturnt·d ro the law school. As.,istant Dean Lots Chiang said last week. Hut it remains unccn:un what their future will be instde the It-gal profcssum-whether they \\111 be able to get summer jobs or articling posuions, or even be admitted to the bar.

The Mudcnt who spoke to Citra Vires

Dean outlines new priorities I Faculty Council to discuss document in late November

pmcnna\ emplo~·cc ·.-

7o

con~qu.c.n~ ft.n •• :0V\UU :\, \

\.\

i\ I:C ru hat n ..p pt.,ncd, bur I tlunk Jt would be c~cn more rcgr'l'ftal>k• if it goc in rh<· "~Y <>f m<" l><·ing a contributing /a\l}t'r w th<· parnculac firms

rhar ask me about it," he ~:ud.

Assistant Dean of Career Services Bonnie Goldbt.'fg said that she was nor surpri~cd some of the formerly suspended students got tnterv1ews. "':lome of the studenb applied and some of the ~tudents who applied gor. some interviews," .Assistant DL"an of Career Services Bonnie Goldberg satd. "I think every ftrm IS lookmg at this in a very uniyue manner."

"I think that these arc students who have reintegratt·d mto the faculty. They ha\·c concluded the pt·nahy ass1gned to them . The law school has st·en fir to hring them back into the community,'' sht· said. "How an employcr responds to that message would be a ch01ce for the cmplo)er to make."

UVINDEX • ANANCIAL AID CONCERNS, P3 • • • •

LETTER FROM IQALUIT, P4 TWO VIEWS ON IRAQ, Pl0-11 HOROSCOPES,P17 SOTTO VOCE, P19

www.casselsbrock.com/student.asp

ULTRA VIRES

NEWS

2

UV Briefs Course Registration May Go Online

--~"-~a~ ~'"'-~

"Is there a justice in the house?"

Concerns voiced over financial -aid program

Faculty of law welcomes three Supreme Court justices

Students struggle to make ends meet

BY ALEXANDRA DOSMAN

BY BENJAMIN PERRIN

The $n1Jcnt \ffair~ l.ommtttcc of 1-aculty Counnl met thts month to discuss wa} s to 1mprm c uppt.~ year rcgtstrnuon. \'\'htle the :u.lmmistrauon rt'Cci\cd on!) t\\o formal com plamts from sn1dcnts about excesswc lineup and waiting, Assistant Dean, :Student:. Lois Chiang noted that problems ..vith registrnnon need to be rcsoh·cd.

Wlule there was no firm dcaSIOil on the matter, a conscnsu~ emerged that course regisrrauon should mo\C wan online systt'JTl for the next academic year. In .!'ccktng a better pmn:s~. hm' C\ cr, student mcmher; of the committee expressed concern oH·r simply migrating ro the ROSI system, currently ust-d by undert,'1adu.He ~tu­ dents.

"RO~J docs nor allo'>' student'< to prioritize selection of their courses," said Robm Ri~ a student rcprcscnram·c on !-acuity Council.

Rtx noted rhat the costs of mU\mg to a new system ha\'c not yet been constdered. ''We hope that \\e can mm·c CJt1ll:dltiously but can:fuUy to\\ard.:; ~ t\CW 1>-yt.\cm tT<nn wnt<:.h CVCt'jO\"\C ~" ~n.y.. ~,'0

ch:Urcd the mcc tmg.

1\ smnding roorn·onl} crowd \\ .ts trean:J to

a rare thsplay of humour and probing inquiSition at this yc:u's annual Grnnd ,\foot.

Tht.• \'enerablc alumni bench hearing tht• appeal cast• conSisted of the Honourable .\lr. Justices Frank Iacobucci, John J\laJor, and Jan Bmmc. ''I hehtn- it ts the fir.;t time in the h1story of the law ~chool that we have broughr three Sitting Supreme Court !of Canadaj .Jusncc' ro the (;rand Moor." ~aid 0<..-an Ron D:~niels.

\n annual rradirion. rhe Grand Moot \\'Us orgamzed by the J',foor Court Committee and sponsored by .\lcCarrhy Tetrault J.LI~ The event, held in the austere setting of the Moot Court Room on ~t;ptember 24, was followed by a reception 1n the Rowell Room.

Recna Goyal, Chief Jusoce of the Moot Courr Committee, wrocc the ficoonal case heard b) the court of ~andcrs v.

Technokicks l.cgal Inc. The case concerned whether the Respondent \\'US liable for the death of an employee and serious bodily injury to her sister that arose from a chain of events out· side the workplace which began wtth an email whose: admissibility and proof of contributory negligence was in dispute.

Representing the appellant were students na"\~\ \) ·A\0\C".\t<k anu Dena "\'arah, whl\C ' """''"'"~"'"""'·an~ }ana ';>tc.\tt\c.r appc<uc.u [or

the n.•.,ponclcnr. B o th sides felt the pressure

The cnmmlftr:< pl:m!! cu rnccc ar

co perform in fronr of friends, famil}; professors, and a bench thar feu· lawyers in rhc country eva have the opportunity ro argue before.

k'tJSr once mnrc rlus -''tncstcr co moH' the matter forward.

- Bt'!J'umin P~mit

"Therc:s not even a question that it's intimidating," said James, who admitted to

law student reveals all Third-}car law student Jill ~ebon has the law school buzzing over her recent appearance in Playboy magazine's "Girls of Canada'' specu\ lingerie cdiuon. The magvinc appeared on newstands on October II. Nelson has been featured in scv eral Canad1an nt.·w~papcr publications and tclev1s1on progrJm~. and the story has rcachtd U.S. legal circles. "1 was asked about It at one of m}" call-back 11\tcnit.'WS in .. 'cw York;' srud ccond year 'Studt.'nt lcssica \.ml1'·

NEWS

22 OCTOBER 2002

Grand Moot participants (left to right): Dena Vcrah, Louise James, Ron Daniels, Justice Frank Iacobucci, Rcena Goyal, Justice John Major, Justice Ian Binnie, David Patacairk, Jana Stettner. Photo co11rlcry of Rtma Coyt~l. wondt•ring how she was going to answer the succe~sive (jUCstions of the Jugtices. J\t the same rime, Jame~ found the member~ of the bench to be very personable and gcnuim:ly interested in the students and law ~chool.

"I think there is a reason that I won't be seeing an} Supreme Court justices 111 court for at lca~t rwenty yt-ars," ~aid Patacairk who, like tht• other participant~. plans ro begin articling for a litigation firm next year.

If the mooters were nervous, it certainly did not affect their performance in the tn\m\,. of the )ltstices. "lf rhb ''•ere the standard \\C gor tTcry Jay at our dar jobs, we'd

be \t:r.l plt.':lscd," sard Justice Iacobucci.

"What you saw was a lor of preparation-there's really no substitute for it," said Justice Major. "Preparaoon beats brain~ every time."

Mooting has come a long war since the

days when the IUStices attended the faculty.

Previously, tht· cxac1sc was '.'just something to get out of tht wa},'' said Justice ~fajor. f le nott·J that first-yt-ar students wrote rhc factum, second yc:trs were the lawyers, and third )Cars were the judges. 'l(xlay, mooting JS cons1Jered by some to be a prominent featurt· of the law school that brings students, profe~sors, practitioners, and respectt:d JUrists together.

Tht· teams received the case facts in ,\ugust and prL'pared their written and oral submis~ions with feedback from hi\\') crs .11 l.t•rnt•r & \ s oci:ues LLP, Tm)S LLP. and a member of the Ontario Human Rights Commission.

Unl1kc a truly competitive moot, the teams worked together to prepare by having

"It's the same stOt} over and over a).,>ain," s;uJ Lindsay Forbes, second-year Faculty ( ounctl representative, refernng to student experiences with the financial aid system. .~\t a town hall held w discuss the facultv\ financial aid program, students voiced. a \\ide range of concerns. Among these were delays in the application process, ~tress induced b) financial uncertainty. and t. r1favourable Scotiabank policies.

'Students arc raking a big gamble coming here,'' said a second-year student. Due 10 the fact financial aid determinations take place in the fall, students do not know \\'hat their packages will be before enrolling.

Th1s year, fmancial aid applications were due on September 16, and dec1sions were commumcated to students in early October.

Students then had to schedule an appomtmcnt at Scoriabank and watt for the funds ro be made available. The process can last into t':lrl) 0\·ember.

The uncertainty induced by the process takes a toll on students' lives. "I had to get an emergency loan for October rent,'' sad one second-year student.

The university traditionally begins to collect interest of 18% on oursranc.ling ruicion fees as of Occober 15. This year, rhe fitculty has been able to push the date back for stu· dents still waiting for loans.

importance, gtven th:n students" carrying more than $70, 000 debt arc required by the bank to find a guarantor for thetr loans. The 1 guarantor must get independent legal ad\' icc, and assume responsibility for the entire debt I am a second-year student who is receiving Joinancial Aid·-',lt least I hope I am. load, not JUst rhc margin over $70, 000.

School has be~n in session for s1x weeks, tuition wa~ technically dut· two da) s ago, The bank "assumc[s} that everyone has anu I still don't know how much money I \\111 be gettmg. 1\t a schoo~ where tUition is access to a bruaramor, which is simply nor so high and receiving financial a1d can make or break the decision to come here, it's true," t.-xplained a second year. ,\norher stuunbehc.,•ablc that these criucal drcisions arc made so late. \\ hilc l received the funddent rtasoneJ that since the faculty makes ing I needed to pay for last yt.-ar, the slow process by which these dt.'Cisions arc made reprcscntanons that no student "'·ill be makes financing my law ~chool education uncertain, frustrating, and anxiety-nddcn. turned away due to financial need. they -J.n. Ca11didatr, Ckzss of 2004 should pay for the independent legal advice required of guarantors.

I mailed my Scotiabank application the fir.;t week of August. and I didn't get an The Faculty Council student representa· as~essment until two weeks ago. I had no 'ecunty. l had no idea how much I would rives intend to take the student concerns to gcr interest free.

-J.D. Cuulidt1ff, Class t!f 2005 the financial rud committee. Accordmg to \ssistant Dean, Students Lois Chiang, "the I have significant debt from undergraJ and from last year. Scotiabank told me I Commmee would be very mterestcd in rhe w()uld need a guarantor d1is year-which means I need to ask someone to shell out a results of that meeting and if it made sense, couple of hundred dollar~ f()r independtnt legal advice. :\fy bursary money "ill prob would be happ)' to approach Scouabank ably put me below the $70 000 debt threshold, but I still don't know whether the with specific concerns and 1ssues." bank v.ill accept that. lt seems to me that the in ·titution is doing thtn!,>s ass-backThe facult} has also hired an outside consultant to examine the financial aid process.

PLEASE SEE "TESTIMONIALS", PAGE 6 Says Chiang, "\~'c believe that there arc way-; to unprovc our system but wanted an expert Some students queried why students arc Scooabank's policies also raised ire. Like to assist us in making such changes." not allowed to pay tuition fees by credit most maJOr banks, they count unused credit The students at the t0\\'11 hall advocate~\ a card. "Basically, it's a cash cow for the card limits as debt, regardless of the client's more direct approach. \'\'hen asked \\hat Uni,·crsit:y," said a third-year student. credit history. This leads some students to strategies the student representatives should "\X'hcn they assess interest at higher rates cancel their credit cards until their debt has take when faced V.'lth the financtal aid wm than major credit card comparucs, you knO\\' been assessed. mince, one student concluded, "\ .ight a f1re they're 1n it for the money." \ favourable. as~essmcnt \s o£ critical un..lcr thc\r ao;s:·

The faculty 1veb.rilt' posts glowi11g testimonials qf studmts' e.V>eriences 11'ith the financial aid £) Sit'tJJ. I Jere art SOIJJe that didn ~make the all:

PLEASE SEE "SUPREME" ON PAGE 5

Development, diversity goals for the future CONTINUED FROM "DEAN", PAGE 1

- Jalman llaq

\\ill develop the law school's outreach activities throughout the Toronto area. development of the adjacent Planetarium External relations- The law school will stte in co-operation with the Roval Ontario seck greater publicity for its faculty memMuseum, rcnovaoon of the nc\~' clinic scr· vices building on ~padma Avenue, and bers, programs, and students, as well as organize activiues to enable faculty mcm potential establishment of a law residence. bcrs to showcase their research to the comDcv~lopment-Tht·re w1ll be a greater munity. emp.hasts on fundraisi~g among alumni, lntcrnationalization- Parrner.;hips with parocularly for physical projects and finanother law schools \\111 be dt.•vcloped, mclud ci."ll aid, as the five-year plan projected an ing exchange opportunities and short 0\ere~ghtfolu increase in the amount of alumm scas placemcms. support.

The dcx:umt'llt also iJcntifies elcn:n other Diversity- The new committee on diverprionty art-as. They include reforming the ~it), chaired br Professor Suju Choudhr), academic appeals process, rcnewtng the crnpha.~1~ un global searches for new faculty mcmlx>rs, improvmg cart·cr coun~elhng and placements, rnaktng mmor modifications to the curriculum (e.g.. revie,,ing cour;e evaluLonrlou/1 ation form~. nnd reforming the balloting c~Community. procedure for upper-year students), irnprovmg thl' rtsoun:c base for Downtown l.cgal OC!s.

Services, integrating gr:tduare srudcms more I nttrvicw Week. do cl) into tht• law school, developing hbrary services, re\ it\\ing the mcx>ting pro\ cademic <>ricmarion piZza grams, securing long-term funding for Pro Bono Student Canada, dt."\-doping special hrc alarms at 3 a.m. progr-.uns such as the Centre for lnnovauon Queens' IAtw and the Capital .\farkcts Institute, and strengthening th<..· usc of technology.

Dell.

One issue absent from rhe document IS

Sweet 'n lowdown Su'fel Commuruty.

M&.\ls.

Rt.-ading \X eck.

Law Conference susht Tim Hortons at 3 a.m.

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the possible semcstcri;.:ation of the ftcSt·year curnculum. Raised by last year's curriculum commtttec, chaired by Professor Ernest Weinrib, the 1ssue was debated by Faculty Council in the spring but now appears to have been dropped from the agenda.

Cop1es of the document arc available from the Jean's office.

The dean's seventeen priorities I nternarionalization I )ivcr;iry hnancial \1d and .\cct'Sslbility \ppotntnwms 5. Butlding Projt'cts 6. <;raduate Program 7. Rcv1ew of Mooting Program H. Curriculum Enhancement 9. C.1reer Counsdling and Placement 10. Downtown Legal Sen·1ces II . Pro Bono Student5 Canada 12. Development 13. External Relation s 14. I.Jbrary 15. Tc.·chnolog} 16. Appt.-als Procedure 17. SJX•cial Programs

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ULTRA VIRES

NEWS

4

Northern reflections

Distinguished advocate helps launch new career guide UBC Prof a pioneer in prisoner rights

BY JOSEPH A. G. BERKOVITS

Stpltmbrr !6, 2002 arrived in lqaluit on Labour Day to teach Negligence Law for a term in the .t\kttstraq Law School Program, run by the Umn:rsirr of Victoria to pwvidc legal education for Inuit students in ;\'una\'Ut. I have been reading up a bit (l\er the summer- about Nuna\'Ut hts£Ory, about the creation of the new territory 1n 1999, about the first y<.•ar of the Akitsiraq program - bur ~till 1 feel unprepared. l have no idea what to expect. 1t 1s scary and exciting.

As the plane kaves Otta'\\"a, l chuckle 'o rn'j~\£ ai>,al.n about \he \\.u\e tc<.t \ had

!

U.:.o.:.n '\n\\\<:\lJ:\\; on \arro\y an<l

~nenut. \1\

tllc UT.t·ks hc'f'orr my dcparrurc. "I lou· long do }OU think it tJ.kes to fly from Ottawa ro lqalwr?" I asked everyone.

'f'hc standard guess \\~ts six hours: onl) Ralf Same, who seems to know :;ornething about 1\fcrcntor proJeCuons, came close at thrt>c hout!:i. The flight often takes only two and a half hours, about as long as it takes to fly to Horida. \s the (';lobe and ~ l.ul says, "Pcrspe<.:th·e is everythmg."

1 left Toronto m t-shirt sleeves. 1 put on m) co.tt to get off the plane 111 l<.Jalun, but still I am taken aback by the

A bit of snow during the night on my first night here blankets the hilltops on the south shore, revealing distant mountain ranges. They're not the Rockies, but they're still beautiful. sharp \\1nd that bites my cars and makes me w1sh I hadn't packed my scarf in my suucase. From the atrport, the bnd~cape doesn't grnb me. No trees, of course, but I expecteu that. Low, rounded htlls e\ crywhere, as far as the eye can sec, cowreu with straw anu rust-coloured vegctauon. Nothing particularly dramatic. a bit disappointed, but too fiKuscd on whether a cab i~ going to come before I'm forced to dig into my swrcase for a hat to dwell on it.

M} impre s1on of the landscape changes instant!) on walkmg into the li\'mg room of the house that has been arranged for me. The house IS £1nta.,tic

rm

- well-uesigned and beautifully furnished - but us main attraction is that it sits on a hill on the north shore of Frobisher Ray with an unobstructed, panoramic view of the south shore. It is t.."Odlessly fascinating ju:;t to look out the picture \),-\ndows a1 the chh an...l flow <"•f l\w udcto the '1-o.:.cond ~\ "' lhe -wu..\d,

after rhc Bar of Fund}~. rhe clouds

dancing on rhe rops of the mountains on the othcr side of the bay, and the occ1sional fog roll in and out. 1 k-arn ovcr the ncxt few da~s that the sky is as much a part of thc land~capc as thc land and sea. \ bit of snow dunng the tught on my ftrs t 111gh t here blankets the hilltops on tht• south shore. re¥ealing dt~­ t:mt ml)untain range~. They're nor the Rocklt's, but they're srilllx'llutiful.

M} first cxploranon out on the tundra IS full of ~urpriscs. \X'alking on the tundra ts ltkc walkmg on a manre~s-the ground cushions your st<.·p. Slab~ of rock and boulders randomly dot the countrysid~· what from a distance lool<cd likc undtsttngUished patche~ of yellow and ru~t ts now rt·\·ealcd to be many differtnt kinds of low·gro\\ing plants and shrubs, in adtlnion IIJ lichen 1n various shades. ,\ tapestry of man) colours unfolds under mr feet. 1bc leaves of somt• plants llrt• still green, but others arc turning bright yellow, orange, or red. It IS ltkc ( ktobcr tn i\fuskob writ \ 'Cf), very small ~omcthing bright blue catches my eye, and stoopmg to im·cstigatc, I nouce that the htllts blanketed \\lth wild blueberne:;. 1~'\ter I learn to Identify crowbcrries and lingonbcrries. I could get into at k'llst the gathen.:r half of the hunter/gathcrcr lif(·~ryle.

The town of lqalutt itself is very much a frontier town. It spra\\ Is a lot for !-Uch a small place (population 4,000 - 6,000, depending on who you ask), anJ there i~ no e\ ide nee of an urban plan. Most of the streets arc unpaved and <JUite hea\ il) rutted, ~o a ta.xi ride

PLEASE SEE "LETTER", PAGE 7

Dtsunglllshnl prisoner nghts and aboriginal rights scholar Profc~'or !\hchacl Jackson encouraged students to fi•lluw their heart as he hclp<.·d launch n new can..'Cr guide at an ewm organized by the Can·~·r Development Office on ( ktobcr 3.

Coptes of the "Career Gutde to l .egal Clinics and ,\d\'ocacy Organizauons" arc a\'ailable at the Career Dcvclopmenr Officc and on the law web~itc under thc link "Careers in Public Interest l.a\\:" Jackson, a professor of law at the ~niversit) of British Columbia, has been a pioneer in the area of prisoner rights, and Ius thirty years of advocacy and research in the area has led ro a number of major reforms.

Jackson's work o n behalf of \boriginal rights is reflected in his role as counsel in ground breaking cases such as Dclgamuuk'\\: W ith hts long silver hair and quietly passionate speaking style, Jackson looks more like a latter-day prophet than the \'cry proper Botish solicitor he once was. Yet the beginning of Jackson's career did not seem ro point in the direction of social activist.

His early years, he told the audience, were spent at a traditional corporate law firm in London, England. The lawyers' offices, he Tcc...\\e<l, ""'-""" organ ized down a long hall-

way, with the: junior lawyers' small offices starung at thc end. The: further down the hall one \\lluld lnok, the larger the offices got and morl' senior the la\\}CfS becamc.

With a single look down the long hallway, hc

Prof. Jackson urged students to be true to their calling as well and to work for social justice. remarked, hc could sec a \'err con\'entional life unfoluing in front of him. And yet he soon realized that was nor the path he was to take. Not too many years later, he was back m London, litigaung on behalf of Abongmal groups opposed to the parnation of the Canadian Constitution.

The chairman of the firm Jackson used to work for was gomg to be away on vacation and he offered Jackson the usc of his palatial office for a few weeks. Jackson had suddenly, if only briefly, made it to the summit of the symbolic hallway, but it was on hi~ own terms. He urged students to be true to their calltng as weU and to work for social justice.

Professor Jackson's work are referred to lus latest book, "Justice Behind the \\hlls: Human Rights tn Canadian Prisons." There is also an mrernet version at W\l.w.jusricebehmdthcwalls.ner.

22 OCTOBER 2002

NEWS

5

Renowned McGill prof joins faculty Gaudreault-DesBiens encourages students to be more than their GPAs

BY JOANNA ANE From his isolated officc perchctl atop Falconer, Professor Jcan-Franr;ots (,audreault-DesBiens ts enJoying the vit·w of his new law school. \s1dc from mtssmg thc bagels, cheese, :tnd crusty bagtJettes of J\tontrcal, hc is very happy to join the Uni\·ersity of Toronto. ,'\lanr first-year stuucnrs have alrL'lltl}' had the opportunity to cxpericnce his animated lccturcs in Consriruuonal I .aw class. In addition, students can take the I ntrotluction w the (i,·ilian Tradition elective cour~c. which he will be teaching during the \\inter semester.

Onginalh from Quebec City, Gaudrcault-DesBicns comes to the law school after teaching law at \fcGtLI for five Profession Jean-Fran~ois Gaudreaultyears. The law faculues at McGtll and the U of T arc similar in that they both come from DesBiens joins U of T. Photo collrlt{J of a rradiuon of excellence, he explams. Joanna hm.

McGill, however, has a different commumty because of the bilingual faculty, and its twO books. In one, he looks at state censorship of art through cond.ttions that can be smaller size.

Prior to doing his doctoral work ar the imposed on grantees. H1s second book Uruversity of Ottawa, Gaudrcault- addresses issues of law and sex. Specifically, DesBiens worked rn commercial law for he examines how law constructs sexuahry, five years, unul he became "tired of worry- and how critical mo,·ements approach th.e ing about billable hours." His academic same issue. His current research is moving research has since focused on how consti- away from these identity issues, and towards tutional law approaches issues surrounding a focus on the legal theory of federalism. tdenrity.

Reflecting on lus days as a law student at Gaudreaulr-DesBiens is the author of Laval University, Gaudrcault DcsHicns

tht• focus on grades. In light of this, he offers student~ two pieces of useful advicc. f le encourages stuuents to "enjoy the intdlectual stimulation of law school," and to "be careful not to reduce yourself to your GJ>,\, or to allow others to rcduce yourself to your CP.\." llc reassures students that their U of T law degrees will k'lld to interesting Jobs regardless of their grades.

Another of Gaudreault-DesRiens suggestions is to read Anarchy and Elegance, a book written by Amcncan journalist Chris Goodrich about h1s year spent at Y:tle Law

School. I laving reading thc hook, Cauureault-DesRiens encourages studt•nts to reflect on "how being 111 law school affects how you behavc with non-la\\jcrs, and how it changes the \\~l}' you framc debates," adding that the changes may bc positive but rhey may also be adversc.

Gaudreault-DesBiens' rntcrest$ outsiue of the law school incluuc tht':ltre, movtes, cooking, and cross country skung, although he has yet to get used w the southern Ontario ternun.

Supreme Court justices judge Grand Moot CONTINUED FROM "JUSTICE," PAGE 2

Goyal, who noted that Dean Daniels appeared to have saved the Jay when his five full pracoce sessions with each other in one-man search parry located the justices in early September. the wruting area of the Moot Court.

Student reaction to the Grand Moot was Scvcral students, who spoke on condition resounding!} posiove, despite the cramped of anonymicy; had their own assessments of room and usual dtfficulties with the the event. acoustics of the MCR. "It ow'lls just like 'Judge Judy,' only better," Many membcn; of the audience, however, said one first-year student. were curious as to why the justices took so "The judges were so cute, they remind long to appear after being introduced no less me of my grandfather," said a third·year than three omes at the outset of the trial. student.

"Has anybody seen the justices?" asked The Grand ~loot was the kick-off event the crestfallen clerk of the court when the of the competiove mooting sL-ason that a\\ justices failed to appear. o one bad a ready students arc encouraged to try out for. explanaoon for the sudden disappL-arance.

Information is a¥ailablc in Headnote:; or by "Your guess is as good as mine," said cmai\ing mootcourt.\aw@,utoronto.ca.

n otices and regrets the dramatic mcr'"'"'c. ""

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NEWS

6

UlTRA VIRES

DEAR HELMUT Feeling down? Health Enables Legal Minds at the University of Toronto (HELMUT) offers advice

Dear HFI..Mlfl: I can't o;kcp. I'm Cr:IZ) busy ,,;th school and when I finally hit rhc shl'l·ts, I just toss ami turn. J\n) tips? .l'lttp·Dlprin:d

Dt·ar ( >uts1der, Dear Sln·p·Dl·pri,·cd, This question is oft-Jc:bated here. Thc:rl' arc You arc not alone. If you rub the sleep from f" c thcones, takl· your pick: I. Law students arc t} pe ,h \\ ho arc (Vl's, you do ha,·c time). Din-bike. I lug a you r C) cs, you'll notice all rhe Starbucks cup~ floating around Flavclle. Here an: a few tnhcrcndy insecure and competith l', and tree. ( )r ~aw one Jown. You were someone things to try: need other people 10 be thar way ux, so thl'}' before )OU came to law school and you're Develop a routine. \\'e aU know that consull that per~on here. \nd remember, feel at home. tracb casebook is riveting, bur if u's past 2. J.aw sntdents spent all their time 111 nobod} pay~ $14,000 a year for high school. your bedtime, It's past your bedtime. high school getting good marks and bcmg c;et some exercise. Extra bonus: potential bearen up, ami arc psychologically com- Dear I fEJ..,\lU'I: for spotting or even meeting rhose 'other pelled to re-crcatc this traumaoc experience I'm gl·ning rcjccoon letters from firms I did students' if you venrurc to Hart House or n't evc:n apply to. \\hat is this rhanklc~s tor~ hercvcr they go. the ,\C. Hut a gym isn't required - thro~· a 3. l.aw srudcnts spent all their rime in ture rhcr call recruitment? -Jobless in Torrmlo high ~chool gcrting good marks and being hl':!ICn up. bur they now finally go ro a high Dear Jobless in Toronto, school where rhey can sue anyone who tries You probably didn't really w-am rhe job anyCONTINUED FROM ~FACULTY", PAGE 3 to beat them up and it's gone to their heads. w-ay-remember what you planned ro do 4. It~~ all the firms' fault! What 1s trus when you started first year? \Vas Jt really to wards: bursaries should be allocated Darnmian rat race Gong Show contestant shuffle papers around for 1900-2300 billbc:fore Scoriabank calculates debt levels. ables a year? The ftrms arc not rejecting you. thmg rhey call OCTs anyway?!

-].D. Cmtdidatt, Class of 2004 5. Sunding in line to sign up for rhings Rather, your non-corporate side is sabotagall the time makes us bored and we start ro ing your corporate side.

My problem with the Scooabank system rurn on each orhcr.

Organize a marshmallow roast and invite is that pt."<>ple with good credit arc punWhatever the rt.':lson, why buy into it? everyone to rhrow rejection letters on the ished even though they have no n.'al debt.

Don'r call yourself an outsider, Out.;idcr. fire. Do not build the fire in the Rowell 1 was in the position to cosign a loan for Do some covcrr cliquc-busting-rhrow a Room. a relative and had credit cards \\<-ith high parry m rhe park and invite everyone! Oh Most imporrantly, keep some perspective. limits, but Scotiabank called these items horrors! Spend time w-ith your non-Jaw You are at the best law school m Canada debts rC!,>-ardless of the fact that I am not school fnends, too. And if you're new in applying for cushy summer jobs with the carrying a balance and owe nothing for town and don't have any non-law school best law firms m Canada (and maybe the tht'Se items. friends, go find some by doing all the things \...S.) You are in a great position. So, chin up!

-J.D. Candidate, Class of 2003 )OU \ovcd before )OU came to \aw schoo\

Testimonials

7

Students question diversity of first-year class

Don't call yourself an outsider, law student Dear HEI ..MLIT, Wh~ docs law school nminJ me of htgh school? -Os11Jidfr

NEWS

22 OCTOBER 2002

frislx:r, go window shopptng, whatc\cr.

Dl strrss before bed. Take a bath, play some tunes, stare at the floor - just srop mtl\'ing and take some tin~e for you.

Kcrp your ht.•d for skcping. :-\o caring, no srudytng, no nothing, except skcping.

That way, ) our body knows it should skl•p when it gets there. (Oh, all right, sex 1s a relaxant too - go ahead 1f you've got the opportunny.)

Ditch the smokes and the caffemc. Your body can function \dthour them, or at k-ast at a lower dose.

Got a q11alion? P111 i11 tbe "Dear IIEL\flTf'"

/Ja.,· I!J tht mail flldm. or Nl~t~il a&sw.daru.s@ u/oronlo.ra or ralf?J:dark@,Ittorrmlo.ra or ldmara/m. llo:..@hotmaiLrof1J. ) o11r prittuy ui/1 be rrsptrltd.

.\fr biggcsr issue is that there is no flcxi bihry or understanding in the system for someone like me \\ ho has fallen through the cracks. Due to confusion and misinformation about the administration of my loans, I was saddled with a bad credit rating-which despite my efforts ro correct, remains on my record. Also, I feel like there is an implicit asswnptioo on the part of Scotiabank that if it doesn't work out, I can alw-ays fall back on Daddy for the money, which is just not the case for me. It ts very frustrating because J have aU of the best intentions and can't seem to sorr anrthing out. If I had this year to do ovcr again, I would not have returned to U of T for law schooL

-JD. Candid.IIt, Class t( 2004

CONTINUED FROM "NORTHERN", PAGE 4

Tuition hikes not affecting applications, says Admissions Chair

BY ADRIAN LIU \lrhough visible minoriocs comprise thirty percent of the first-year class, some srudents remain concerned wirh the lack of diver$ity among srudcnts at the law school.

"The diversity of the first-year class is much less than in my undergraduate school, UBC," noted ftrst-year srudenr Glcb Hazov. ·~\nd there's a sharp distinction between the diversity of the law school and the population of U of T m general."

"Corning from Life Sctences at U of T, law school has a smaller percentage of minorioes," said Rurh Uu, also a first-year srudcnr. "But l'm unpressed to sec that m rerms of acadermc backgrounds, it's more <.liversc than I expected."

Professor Arnold Wemrib, \dm1ssions Committee Chair, pointed out rhat the percentage of minorities is "certainly higher rhan what it was rhrce years ago," although "that number [isJ about the same as last y(.':lf."

'We don't set out to get any specific number [of any mmonty]," added \\ unrib. "\X'c want divcrstty, but there are no quotas."

Other demographic statistics of the firstyear class were presented at a faculty Council meeting on October 3. As in previous years, there were roughly 1800 applicants, from which the 179 members of the class of 2005 were chosen. ,\ departure from previous years' expcn·

cncc is a slight increase in the competitiveness of the applicant pool, with the entering average incrcasmg from 84% to 85% . '~\s tl1c overall GPA of the cntenng class has risen, it would be safe to say that on that aspect, we arc seeing stronger applicants," said Lms Cluang, \ssistant Dean, Srudcnts.

The average LS \T score has remained $!Cady for three or four years.

The class of 2005 also boasts a siZ(.-able out-of·province contingent. \ total of 83 students previously attended universities from ourstde Ontario, mcludmg 20 from Alberta and 20 from British Columbia.

The most popular undergraduate concentration was Political Science, followed by life Sciences. To dace, there are 18 srudenrs enrolled in combmed degree programs, with J.O./M.B.. \ . being the most popular opnon.

Meanwhile, a near-perfect balance berween the sexes has been m..·unramcd, wirh females comprising 49% of the ftrst year class. ,\ccording to Wemrib, this mirrors a general increase in the number of women applying to law schools.

However, Robm Rix, a faculty council sru<.lenr representative, noted that women have comprised 55%, not 49%, of applicants for each of the past rwo years.

"I'm curious to know why women aren't rcceJVmg 55% of offers. I'm not asking for quotas, bur I'd be interested to learn more about the process used to evaluate the sub-

letter from lqaluit

jcctivc components of the appltcaoon: the personal statement, and the ltsr of cxtracurncular activities." ln terms of graduate degrees, 35 firstyear srudenrs hold graduate degrees, reflecting an increasing number of applicants who have pursued post-undergraduate srudy.

"Historically, L ofT has [had] a greater percentage of applicants with graduate degrees than any orher law school," sa1d \X'cmrib.

When asked about rhe possibly adverse Impact of tuition hikes on applications, Wcmrib remained skeptical. "I haven't seen a difference on rhat account- but l don't know who didn't apply," he said. "Still, it's hard for me to believe that rhere [arc] good srudents our rherc who don't apply [to U of 11 due solely to financial considerations. If rhey don't apply, It's due to orher consideraoons." .\nother fearure of this year's srudent body IS a larger rhan usual second-year class, wluch stands ar 203 srudcnrs. There arc 12 more upper-year students than last year, due 1n part to rhe return of some srudenrs suspended following the grades scandal m 2000. .\cco rding to Chiang, the tncrease was also facilitated by higher enrollment in the international exchange program. '~\s we have more srudcnrs who arc participating in our exchange programs, we arc able to free up upper-year spots to the various types of applicants in the exchange or transfer categorieS:' Chiang explained.

can be bone jarnng. There is a big push undcn\'ll} to pave and repave some of the road~ because the Queen is comtng tn ( ktober on her Jubilee tour, and we can't have Her ~lajesty bouncing around in the back of a limo. Of course, city officials swear the Queen has nothing to do with it.

After my first meeting with the students (more about the srudents latl't), rhe Program D1recror, Kelly Callagher-Macka), im·itcs me to lunch. \X'hen 1 mention that it w-ould be useful to talk ro local lawyers about w hat ~ons of negligence issue.; arc hot in the north, she immediately suggests a stroll a ftcr lunch. \\'e visit mo t of the government offices in Iqaluit, where she tnrroduccs me to several government law}ers, legal aid clinic lawyt·rs, the courthouse law librarian, and even a judge or two. Sm..ill towns han• their ad\·anrages. In less than a week, 1 fed totally plugged in and quite at home.

Best wishe~, Denise Reaume

Dmise Ri,mmr is a proftssor oj loa•attbt Univtrsi!J of Toronto.

Average age of all lawyers in the Toronto office: 34 Average age of partners in the Toronto office: 46 Year the youngest lawyer in the Toronto office was born: 1976 Years Eddie Goodman had been practicing by 1976: 29 Total number of bagels consumed on "Bagel Fridays" at Goodmans each year: 6,500 Rank of sesame seed, cinnamon-raisin and poppy seed bagels: 1, 2 and 3 Number of lawyers in the Toronto office who have written a bestseller: 2 Who think they could be the next John Grisham: 160 We've been called "creative, iconoclastic and entrepreneurial"... and that's just our mailroom.

To get all the details on our Summer and Articling Student Programs, just contact Catherine Chang at 416.597.4190, or, cchang@goodmans.ca

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NEWS

8

ULTRA VIRES

\ n) t!ung bcsldl'S an awareness of appearances would be unthinkable. Pure external s Ill an artiticial process.

A oc ~erves lltt• dual purpose of con· ccahng shirt buuons and of drawing attention to the verticality of the man's body. but how much docs tt ~peak to his actual uprightness? Draw me the corrc!a rion ht'l\\ el"n the donmng of a SlUt-the l.twyer's latter-Jay unitimn- and legal prowess. If ] had any sense of myself, J would have walked mto d10~e Jnten;cw

At the intersection of law, the senses, and metropolitan life

The foppery of yore was tantamount to trendiness; however, in this day and age of drab confonnity, it would prove more profitable to buck the trend.

NEWS

9

Israeli supreme court justice visits the Faculty of Law

Fighting the law suit: OCI duds a sight for sore eyes head, or thtck enough to prc\cnr the penetration of a sword. l\f<.'"ll were seen paradutg around m plaid kerchiefs, or FROM THE CHAMBERS llounccs of nbbon, lace, and ussel. ( >f knot \';lnanons, about one hundred wcr~· OF DORIAN GRAY: r<.· portcd.

Well then, what is the contemporary translation of this foppery? Resides stardtcd coiL·u-s, tic.~ arc a :otaplc of thl' modern d:J} clothing Jict for profcs~um­ al males. There 15 no longer nn allownnet· fi>r coxcombry. The ue IS a noo~e that has drmncd indi\;dualuy from the face of the legal profession.

BY BERNINA BUTT The foppcf) of yore was tantamount to trendincss; hmnTcr, in thts da) and Neck lies \\ere fashioned as a conseage of drab conformity, jr would prove quence of \\at. To this dar, they niT' used more prolitablc to buck the trend. m batllt·.

Or would It? GIVen the ~ca of suits at Jn 1660, soldiers from Croatia \\~"tc 111 the on campus mtcn·icws, Jt would seem Pans co celebrate tht·Ir triumph on•r [ JKopk· hold d~.1r to the nonon that a Turkey. l.ouis .XI\ had occasion to meet safe bet is no bet at all. Slap on rh:u suir, 1he men, and \\~Is taken by the colourful / and }ou haw a better chance at that covsdk handkcrdll(•f:; draped gracefully ered job. ahour dtelr neck~. So impressed \\"aS the .t\dmitredlr, boys attempted to puncmonarch by the ~oldicrs' sartorial sanT mare the death!} tcndenaes of their that he adopted theu pracrice and black or navy 5Wts with colourful ril'S formed a rcgunem of Royal Cravarcs. awa~h 111 stripes, gc:omettic~. or tlorals, Nl.cckucs, the new emblem of royalty. but what of somcthmg truly onginal? emblazoned thl· rroop. \XlJtat of ascot~. lariat', cic clips, cufI \ tr to be on the cuning edge, genflinks, suspenders, or cummerbunds? tlemen in EnglanJ were soon thcrL-aftcr How ghastly it would be for one of us to sporung these bits of cloth around their have a sense of humour as the main necks. lies \\ere variably worn high informant of his or her sense of style. \ 1.:nough to unpedc the goodly swivel of a

22 OCTOBER 2002

amok in the rows and row~ of the tmplanted, ingrained, and enclosed.

I low self-regulating is thought, though, when it is leashed by and chained ro the large billboarded clonefacrori(s? ,\nd how ridiculous is it for girb to bt· dres•cd 111 masculinizing suits, onl) to .utcmpt to compensate for this by workmg 111 blou~es of pmk, the colour dlljOflrat OCis? Is this regression to the birth colour nothing more than an acknowledgement of the belittling efft-ct of being compelled to .lSSllffil' a defeminizing second skin? \nd what about the poor old chaps? I recently had a com crsarion with a friend who W';l~ lameming the fact that males no longlT havt the luxury of \n.·anng patterned and textured pants. Polka-dot· ted Vl'h·et and the like. J\nd why not?

Why nor indeed. <>scar Wildt· once said that a •'wcl!tied tic is the first serious step in life."

Perhaps It 1s the first serious misstep.

booths'\.\ ith purple h.1ir. And why should that, had it happened, have undermined my professionalism or competence one bit?

Hut ah". people ft:d more secure when faced with mdwiduals who take the three- or four-part approach to dressmg. Independent thought is treasured in the field of Ia\\~ as long as the thought docs nor mrn crearive and run

Jump Start Your Career

Rivlin discusses the rule oflaw in troubled times

BY MICHEL BESHARA

sion. The status of thest. nghts and others not mentioned in the Bas1c Laws is Just weeks after being in the company of unknown but will be dec1dcd soon when the three Canadian Supreme Coun JUStices at Court rules on some pending cases. The the Grand Moot, law students were treated second Basic Law protects the freedom of to another disnnguished VISitor at the facuJ vocaoon. ty. Justice Lbezer Rivlin, an Israeb supreme Though the Baste Laws do not specificalcourt jusrice and visiting scholar to the 1} empower the Supreme Court to declare Faculty of Law for most of the month of Knesset legtslanon unconstitutional, the September, kicked off the Jewish Law Court, citing s~ilarities to the L.S. Students' \ ssoc1arion's monthly seminar Constiturion and to the Car1adian Charter of scnes on October 8 ,.,;th a talk cncitled "The Rights and Freedoms, decided that it haJ Role of Law m Troubled Times." such jurisdiction. The Court further decided Speaking before a crowd of about fifty that 1t had Jurisdtcrion over any Israeli offipeople, Justice Rtvlin commenced with cial or soldtcr operating within the occup1ed some background informacion about the ternrones finding that the Consciturion is leboal system in IsraeL He explamed that unnl bmding upon the indivtdual regardless of 1992, fundamental rights were protected by physical location. l•inally, the Court decided a jud1ctal constitution created by the that both international law and Israeli constisupreme court. While the Court most often tutional law were applicable to officials and ruled favourably towards human nghts, its soldters operating in the occupied ternrorics. power was severely !united by the lack of a !laving given the audience a basic lesson written constitution. It could nor declare 111 Israeli constitutional law, Justice Rivltn legislation enacted by the Knesset, the continued wtth a discussion of three recent Israeli parliament, as unconsntunonal. The Israeli supreme court cases. In all three turnmg point came in 1992 when the cases, the Court had to balance security \\-1th Knes~et enacted two Basic Laws. The first democracy and the safeguardtng of human law, the Basic Law of Human Dignity and rights.

The first case arose during the siege b} Liberty, enumerates a nwnbcr of fundamen tal rights including the right to life, liberty, the Israeli Defense l•orces (lDF) of susand property·, as well as the right to enter peered terronsts m the Church of the and leave the country. Not enumerated arc Nanvity in Bethlehem. ,\\so trapped in the freedom of religion and freedom of e:xpn·s- church were a number of Palcsuman cwt\

ians and se\·eral monks and nuns. 1bc governor of Bethlehem applied to the supreme court to allow for the conveyance of food and medtcal supplies to the c1vtl1ans in the church. The nulitary argued that the issue was not justiciable as they were in the rrud· die of negotiations 'vith the suspected mih· rants. The Court rejected the argumenr and

"The destiny of democracy is that not all means are acceptable to it. Though democracy must fight with one hand tied behind its back, it nevertheless has the upper hand."

- Israeli supreme court Justice Eliezer Rivlin ruled that the ovilians' basic hwnan nghts were to be protected even when cannons roared in the background.

The second case arose at the rime of the 101-'s entry into the Jcnin refugee camp. lsraeh commanders decided to bury Palestinian bodies that were discovered in the camp. Palestinians petitioned the Court to he a\\n..:c<l

t<>

t-art\c\t-"'"'

"'\he''''""'"'""

rion and bunal of the dl.-ad. ln an emergency meeting, the Court granted an unmediate injunction unol the case could be Jecidcd.

The decision, citing the importance of respect for the dead, grmted the pc.:cition and imposed a temporary local cease· fire to allow Palesrinians to enter the camp and participate in burial ceremonies. Justice Rtvhn commented that the decision proved ro be beneficial to Israel as it also allowed international observers to enter the camp and set the record straight about allegarions that a massacre had occurred.

The final case involved the power of Israeli mibtary commanders to relocate Palestinians, if they are suspected of aiding su1c1de bombers, from the West Bank to the Gaza Strip. The Court recognized th1s power under international law smce the West Bank and Gaza arc cons1dered the same occupied territory. However, it qualified the power by saying that relocation is only authorized when there IS eVIdence that the suspect himself was aiding terrorists and that it is not enough to justify the relocation as a deterrent to others.

Justice Rivlin concluded his talk \\-;th a statement made by another member of the Court-that the destiny of democracy is that not all means arc acceptable to it. Though c.lemcx:lacv must fight whh one hand tied \x:hi.nd tb back, tt nc-.cnhc\Cl!.s hu t\,c ~'\'\'"r h"n~\.

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LEGAL ISSUES: TWO VIEWS ON IRAQ

10

~~-------

Snake oil for a new century

Beyond a reasonable scud

BYZIYAAD MIA

BYED MORGAN

et nw lx:gin by as~uring you that my rme-coloured gla~sc~ han· lx:en in wrage for years, and I do not bdieve that International relations arc drin:n by the pures t and most selfless of pnnc1plcs.

I lo\\ C\"Cf, the sheer intensity of the 'good \ersus C\'ll' rhetonc coming out of \X ashington these Jays - unmatched s mce the chilliest of ('..old \Var dap - im·itl"S clos<.'.f scrutim·.

Dl$plte the rhetoric of mulcilateralism and k-gality in Security Council resolutions and U.S. arguments of self-defence, the l nited States' impending war against Iraq has little to do \\1th international co-opera· oon or Ia\\. lrnages of a lawless and dangerous Iraq, which must be reigned in by the mtcrnational legal order, merely camouflage the rcalpoltrik agenda of the U.S. I ndccd, the Bush adminisrraoon says as much by closing every discussion of l"'\1-sancooncd action on Iraq \\ith the promise that they Steve Bell / The Guardian, June 18, 2002 \\ill go it alone. The L'l'. seal of approYal docs, however, servt a purpose: it gives States. The Reagan administration egged on Saddam in h1s brutal \\."ar \\ith Iran during fence-sirre~ like Canada an cxcw;e w join the campargn ...i thout looking roo obse· the 1980s, providing him \l.i th all manner o f quious. :\'el"erthcless, the aura of 'legality' weapo ns from cluster bombs to anthrax. fails ro mask the disingenuousness of this Howard Tc1cher, a sraff member at the war's pursuit and the so-called justificatio ns '\janonal ~curity Council from 1982 to 1987, shed unporrant light o n this relationin support of it.

In making the case for \\.'a!" ~sr lraq, ship. Tc1chcr had close contact \\.i th CIA we are offered the following dialectic: lraq is Director \Vi\l1am Casey and accompanied \)nnak\ Rum ..fc\d on a tnp to 1 rnq to offer a tov;uc. !/\.ate \"'<>'!o'&C.'-~\n~ 'OJC.a\"'<>"'!o of ma'!os

"This war is not about freedom or WMD, it is about pursuing and securing America's myopic short-term interests."

L

\!l · u""'\""• "'o.\un~ \\ ..,. \\u<oat to w\>r\u

.,n-urir); .wJ therefore requiring an externalimposcJ rcb>imc change. J\ fuller exposition of chis azgument can be found rughdy ~\'

on ( ·'\ " · lr:tq has been in America'5 bad books fo r the Ia~ r decade, ever since Saddam H ussein did not 'play ruce' \\ith Kuwait. Bush Sr. drew 'a line in the sand' and launched the Gulf \\'ar, \neaking conn nuing havoc o n lraq1s and the environment while 'liberating' Ku\1.-ait to restore its autocratic regime.

Although tht:rc was the usual bo mbast about freedom and democracy, many 10 the administranon were surprisingly fo rthnght in calling that \\"ar what it was: a war for oil.

Today, we an· told that lraq·the-roj.,rucstatc ts an imminent threat to freedom and the American Way, because it possesses weapons o f mass destruction ("\\ \fl)'').

Saddam is alleged to possess an arsenal o f chem ical and biological we-apons and is o n the verge of developing nuclear capability.

Despite these dramatic claims, the Bush admim. tr:tuon and rts sycophants have yet to proJuce any cred1ble evidence o f these threats or capabilities.

Bur assume fo r a moment that these allegations arc correct. The only conclusion, as no ted by Ro bert Fisk o f the UK's lndependm t, is that the pa.~r ten years of economic embargo have been fu tile because Saddam's \X'~ll) p rogram has not been diminished or de terr~d. \X(me yet, the loss of 500,000 Iraqi children as a result of the sanctions was not "worth it," as former U.S. Secretary of State ,' \fadcline .\!b rig ht claimed in I 996. T he story gets mo re interl'Sting when o ne a ks, who created the monster Saddam and his \\'MD? It doesn't take much effort to drscover that Saddam's rtg1mc \\"aS raised on the moral support and largesse o f the L;nites

\\._<o .\ .\:..o.an"c <>t \nc

rut.cu ~tate>; anu \ &rae\

in SaJdam :~ combat against Iran (see Tc.ichc:r's 1995 affidavit, the text of which is available on the internet at http:// www.web · com .com / - !pease/collecno ns / hidden / rcic her. hun). Apparent!); th e mo rality o f arming a rogue state \\1th \V,' \1D is not particularlr (or at all) troublesome when the rogue gets bus\ causing grief fo r your enemies.

'-,orne argue that Am erica's prior relationship \\1th Saddam doesn't preclude it getting serious on the \\'~10 issue and tr)ing to rid the wo rld of pre~ent threats. While prior

sins do not preclude the sinner from changing his ways, newfo und m o rality sho uld not, if sincere, be subjectively applied . Yet, the 'rogue stare' moniker has attached ro a rather small subsc:t of those who fit the description, and Saddam's chccrleadtrs during the Reagan era arc largely those who reYtlc hrm today. These arc signs that the Bush administratio n's current zeal is being fueled by something other than a sincere uc~nc to

protect the wor\d .against ~''\11).

rhis war is nor about freedom or W"MD, it is about pu~uing and securing \mcrica's myopic short-term interests. America's lifeblood 1s oil; irs economy, war machine and lifestyle depend on carbo n fuels. \X'ithout oil, l"''-'r}1hing is at risk. ,\nd whe n it come~ to oil, Iraq 1s a keysto ne state.

Securing Iraq through regime change, subsequent occupation and the installation o f a compliant goYernmcnt ensure that the flow of oil is uninterrupted. ,\s well, more drrect control of the rap sends as a messagl'

.,.;u

to pretenders who m1ght defy American hegemony in any form. \\''ar serves ~econdary i nterest~ as well.

With rismg military expenditures come tem po rary economic boosts. In addition, the entertammcnt o f \\"ar may momcmanl) distract Americans from poverty, racism, health care and the cri!'is of Amen can capitalism, all issues which present more serious challenges to Am erica than invented rogues.

If the world came \\ith a 'pause' button, now wo uld be the rime to hit lt. \X"e would marvel at the Bush administration's trick o f p ulling a rabbit o ut of a hat by manufacturing a war ag ainst l raq in just a few mo nths.

T he rationale rs weak and the crcdrbility thin, but the post-September 11 climate of fear and belligerence makes easy work of rh ts slcrght of hand. UK Fo reign Secretary Jack Straw recently dazzled us \vith the logic that recent atrocities committed in Bali were somehow hoked to extremists who arc somehow associated with .\1 Qacda; therefore, Iraq must be attacked because it is a rogue state ... you know the rest. How quick· ly 'terror' has replaced th e 'red menace' as the all-purpose bogeyman.

The unplications of Bush's Iraq adven· ture arc troubling. Violence 1s now a f1rst level policy tool, and poLicy itself it founded on narrow interests which totally disregard the interests of o thers. By acting like the rot.,>ue states it vilifies, the United States is setting a disturbing p recedent for the future o f International relations; a precedent which will have neganYc consequences for us all, including the lo ng-term interests of the United States itself.

7.fyaad Mia u a grad1Mft st11dml at lht Ft:rmlty of Lau:

resident George \\. Bush and Prune Minister Tony Blare have been havmg a hard time convincing the skeptics that military engagement 1s the best way ro dl'lll wuh Saddam H ussein. The holdouts have sought "conclusive proof," to the words of European Union President Romano Prodi, that the lraq1 tl'gimc needs to be confronted now.

The allies have been particularly stub· born . German Chancellor Gerhard Schroeder, for example, has doubted that Saddam's atrocities arc up to his own coun· try's tmpeccablc precedent for crimes against humanity. The official opposition has been equally difficult. Ted Kennedy thinks that (,eorge W might be cheating on the test for armed intervention. \1 Gore expressed his doubts that in the age of the mternet one political figure could be responsible for the advanced tcchnologtcal invcnuons for wh1ch the I ral]l leader is credited. \nd the critique hasn't stopped with pohtJctans. Warren Beatty has opined that although he may occasionally dress like a 1930's era mobster (sec ptcturc), the President of Iraq is today no more of a threat than Clyde without Bonnie. l:.vcn Barbra Srretsand has joined the chorus of vo1ces, indicating that we need to see more evidence of danger before supporting any nuhtary adven ture. People who need people need proof. \'(, hile o ne can poke fu n at the source~ o f these demand s, the des1re for hard evidence 1s not so readily dtsmtsscd . After all, objective ,malysis, based on a transparent fac tual record that is Itself erected on a proper evidentiary plat form, is the law's stock in trade. \\'hat sclf-respecnng lawyer could endorse action in the absence of proof on at least the civil, if nor the criminal standard? 1n the immortal words of the late Pierre Trudeau, just \\-atch me.

In the first place, under the circumstances inactton is action. Tony Blair's inrcl-

P

ligence dossier has shown that Saddam is on the nuclear procurement rrrul. It failed to establish to ever yone's satisfaction, however, that a mushroom cloud 1s about to replace the mustard gas still lingering over the Kurdish village of Halabja. To a number of European leauers, there still exists sufficient doubt about Iraq's next move to paralpc their own. It is as if they fear the responsibilll) of acting in the face of chin evidence, but nor the responstbility of f:uting to act in the face of thin evidence.

The history and context of the Saddam regime makes the act/ omission drsunction more than a bit farcical. One should recall th at the Clinton administration has been criticized by African and other human nghrs groups for failing to mtervenc to prevent the Rwandan gcnoctde at a tunc when everyone knowledgeable about the region could predict that a tragedy was eventually gomg to happen. Those who protest Bush's militancy today may one day find themselves protesting hts passivity. Not preventing a serial genocidaire from committing nuclear holocaust is for m ost of the world every bit as actiYc a response to the evidence as is its opposite. Grvcn Saddam's rectdtvist pattern we should be seekmg "proof" that he has overcome his past, not that he may soon repeat ir.

The most unporranr issue, however, is whether the Saddam question is susceptible to an assessment of guilt or innocence at all.

In seeking guidance from the law of evidence and procedure, an: we loolung 111 the wrong place at the wro ng wnc?

I nternational law requires no s uch objCCti\·c proof before nations act; it requires votes. If tht Sccurit:}' Council elects ro take military acoon, then armed intervention has a seal of approval. There is no prctcn~c under the U.~. Charter that the deCL~ion be made on the basis of objective " proof" or on anything other than the political selfinterest .of the voting members. For that reason, Russian President \'lad1mir Putin could, \\itho ut embarrassment, suggest to

The war on terrorism on the domestic front: Hamdi v. Rumsfeld

BY BEN PERRIN

in c;uantanamo lh}. Cuba. \\' hen the m1lttary learned that ll:tmd1 was The rccl'ltt terronst .mack!> in KUW'"ait, Yemen \nwncan born, he v,oas '>rnpped to the Na\,11 .mel Bali have proven that the \\'a!" on terronsm Station Bng at orfolk, \'irguua \\here he is indeed progresSUlg mto its second WJ.nter. · rcntams toda). Legal acuon was commenced Wuhout the frontlincs of phys1cal frontiers, to provide Hamdi \1.1th unmonitored access to the battles of this war arc bcmg fought m far legal counsel (Hamd1 v. Rumsfcld). n.>achtng lands and, closer to home, in the l.S. The dtstnct court ordered that J iamdi court system. On the domesnc front, the des should be .allowed to meet pm-atcl) \\ith a 1gnauon of persons as illegal combatants 111 publtc defender \\.1thin 72 hours o\\.ing to the the ensumg cunfl1cts has been of pnncipal "fundamental jusucc provtded under the interest. Tlus 1ssue has ratsed questions around C:onstiruuon of the Umted States." The JUdge balancing avil rights ,.,,th the duty of nanonal tssucd th1s order bcfilfe heanng a'brumcnt sccunty. from the L.S. ( ;ovcrnmcnt. The government lohn \X.'alker Ltndh is not the ol\ly so-called filed an emergency monon \vith thl· Court of "\mcncan Tahban" captured in Afghanistan. Appeal fc>r the l·ourth Circuit to stay the order Yn er Esam I Iarndi, 21, holds the distinction pt'Tlding appeal. They considered the order to of being the only \meric:m citiZl'fl captun:d in he an unprecedentt•d challenge to the authoriAfghanistan who has not been cnnunally ty of the Pres1dent under hts core war powers. charged.

In tts rulin!,>S, the Court of \ppeal ren:rs~d During the course of Operation Enduring the d1st.rict court's order, noting that the US. 1 rccdom in 1\fghanistan, the U.S. mtlitar} cap- Supreme Court has pro\'ldcd great deference tured Hamd1 and detained him as an encm) to the polincal branches in areas of nauonal combatant Like hundreds of others, he \\!liS securirv and miluary aff:urs danng back to the transferred to Camp X-Ray at the Naval Bnse \mcncan C1vil \Xar. Tht' court stated 111 no

unccrtam term s that tht• disrnct court \\as mat tl·nti\c 10 llw~c "c:tnhnal pnnciplcs."

I lowt'\er, the Co urt of \ppcals reJeCted the retJUCSt of the rc.spondcnrs to disnuss the peouons. The court held that ro do so would be tn deny an\ prospect of JUdicial re\le\\1 over mtl rtarr dcsrgnatrons. This destgnation cnablts the m1htary ro detarn such persons rndefuutcl} Without clt.1.rf,rtng them or pro~;drng legal rep rcsentation.

Thts \CI'} 1ssue is at stake in the case of Jose Pachlla, also known as \bdullah al !\lujalur, allegt•d conspmuor 111 a plot to detonate a radioactivl.' "Jrrty bomb" inside the l.S. He ts the second ,\ mencart dcsignared as an encm) combatant 111 the current conflkt.

Till' llamdi decis1on h<ts been greatly cnri crn·d as a "bfl~lthtakmg assertion" by t ' \dmmistration ro den} civll rights to an \mcncan ciuzen. Tim cmicism IS m1sd1rectcd, confused 10 part owtng to the cnntinal charge ultunatcly laid against John Walkt'f llnhke: \Xalkcr, J Iamdr has not }Ct been cnnunally charged \\Jth an} offence. He cannot }et ha\ c been dented any of the ctvtl rights owed to

ord1naf) \merican cit tzc:ns who are accusrd of a cnmc.

Like \X'alker, howenr, llamdi \\"aS not som e forl o rn tourist or student o f culture 111 \ fghantst.ltl. lie '' as captured Mth hi s Kalashnikm ri fle, as a memb<.'.f of a 'J'aliban unit that \\ .1s figh nng .against h1s countl"): Cnucs o f the I lamdt dcaston arc mtsch rected rn attempting to apply proceJural safebruards inherent tn cnminal detenuon where \\~trtimc precedents and pn'sldcnual pc>\\ ers flowmg from the Constitution apply. During \V\X II, the courts ruled that the status of an \ml'rican c1Uzen, (;aetano Territo, captured while fightmg fo r fasci~t Italy \\."aS una ffectl·d by h1s citizemhip. The~c designations and con~cqucnccs artsing from them arc further founded 10 internattonal hm: !·or \\'llr to be waged against international terrorism, this long held Presidential po\\CT must he respected. Titat said, there obv10uslr must be safeguards to l'fl~urc the rcsponstblc exerc1sc o f this powerful authonty • amcly, thts wo uld include three p recautions. hrst, the door should be k·ft open for JUdi

11

----

et al re>1cw of destgnatto n s by the milttary The t l.S. Court of \ppeal upheld this deter minJtion. Second, the mfnngem enl on c1vil nghts m ust be muumal. T his also is the case at tlus ttme, smcc onl} N"O Litizcns ha\·e been J es1gnatcd as "enemy co mbatants." '11te Bush admmistrauon has not tm oked this dC'signatto n to do an end-run around d ue process neuher " shoe bomber" Richard Reid nor September 11 conspirator /.acacias ~loussaoui arc "enemy co mbatants". Titird, the wl.'tght gi\·en to national security cons1der at ions must neccssanly be commensurate wtth rontextual levels of con flier. T his final pomt has not yet been fully constdcred, but will like· I} be the point on which the Hamdi Issue turns.

In shore, it is unlikely that the United Sates will be quick to declare an end to the " war" on tcrronsm .•\s such, tt may be for the co urts to dccidl· when hosulioes have dl-clined suffi. cicntl} to gi\'c less deference to nauonal secu tit~ arguments. The hkchhood o f tlus ISsue bcrng def.iniO\ c only mcrcascs as the conflict I S prolo nged.

assessing C\idencc on the record by mt'llns of objective logic; it is rather a matter of analping intelligence rnformation, much of which is necessarily no t on the public record, by means of subjective cxpenencc and expertise.

In F"rt Frwrcis P11lp a11d Paptr Co. v. Mtmitoba lrn Prw, the Privy Council h.1d to decide whether a wartime emergency was soil on.

The federal government had assumed cxrraonlmary powers under the \\'ar ,\kasures J\ct during the First \\'orld \\'ar, and in 1923, when the case made ir to the Privy Council, the mt·a.sures were still in place.

Viscount Haldane, whose own bia~cs tended, if anything, to be \\1th the provinces, Jissim Mohammed I AP upheld the federal power. What's more, he did so br supporting the government's disBush in late September that he might sup- cretion to determine whether a \\"ar·driven port action against Saddam rn return for a emergency is over. In Haldane's vic\\~ this little more leeway against the Chechcns. decision 1s based not on an open evidentiary In Canada, mulrilateraltsm for its own record but on information that only the govsake rends to be heavily romanuc1zed. ernment knows, and is characterized by I lowevcr, those who oppose military mtcr expert assessment of risk rather than by venoon out of gcnumc concern for the lraqt deductive reasoning through objective facts. people tend to criticize multilateral acoon If the question of when a \\"artime cmerevery bit as much as the unilateral variety. gencr ends 1s not susceptible to judicial The economic sanctions accused of wreak- analysis, then presumably neither is the ing havoc in Iraqi society for the past decade question of when one begins. Of course, at arc a Sccunty Council imposed, multilateral some point there will be a limit to deference mechamsm. Multilateralism is precisely as to the relevant government. But one must good or bad, as principled or political, as the be aware that the search for "proof", in the unilateral voters. lawyer's sense of that term, mav be a st-arch . • The real point, however, is that the case for nothing. of the Iraqi regim e \S n ot arnc nah\c tn trnd' uon al JUdtc tal ana\y~ns. \t \S a not --a matter of

I :.tl ,\ 1orrpn teathu Con stilu tion <JI 1...,,., and Jnttnratwnal I:Aw at tht hmtl!J f!f l:.ma.:

EDITORIAL

12

ULTRA VIRES Ulu:a V~tts l5 the student newspa per ol tbc faculty of Law at lhc Uruvnliry of Toronto. Our misSIOn JS to iDCiasc student noattnesa of 1cgaJ and socialtssucs and. in tum. to enco~JU8e our peas ro conmbute to the many commwuncs of which we are a part.

E.ii~Dr-111 CJmf

SalmanHaq Assis14111 F.tlilm~ Bemina Butt Alexandra Dosman F..Ji~Nia~/0pi11im1

MicheJ Beshara FVtllltm Brenda Didyk

Ltgtz/ [.rJIIU Ttm Wilbur D~

Jan Rkhlcr Robin Rix ~II Mattagtr

Emily Mak

ULTRA VIRES

Bring back the firms - and the goodies

EDITORIAL

Why we should value critical thinking I S

tht.• flo'.!.?" In choosing a career, we ought tuJcnrs come to law ~chool for to be guideJ b) our own set of reasoned man} rca ons. Some arc attracted to prioriucs, not by overwhelming momcn· the intellcctu;ll challenge. Other.- .1re tum that may push us in one direction. hne to train for the job of their Jrcams.

Take this law school's priorities, for ,\nd for some of us, law school is a 'l!.'ll}' another. Seeking to emulate "top" L.S. co put off Jcciding what we rtai!J '.!.<tnt to do with our lives. \Vhatcver our reasons for si!-,>n.ing up A commitment to critical anJ staying on, none of us can escape the thinking often requires butting tact that law school ought to instill one fundamental sktll: the ability to think critiheads with powerful authorities. cally. 'Ii> examine an argument and assess But as law students and future its merits. To take a problem and put for ward a rational solution. To take a theory 1 lawyers, we have a responsibiliand question its assumptions. ty to champion independent But independent thought is not as thought. common as we might hopc-m part because critical thinking may lead to con/ instituoons is a disservice to the faculty's clusiom that differ from conventional wisleadership role in Canadian legal scholar· dom, or arc at odds with powerful inter· ship and cducaoon. Critical thinking ests. means looking beyond what others do. It Take career choices, for example. Bay means making decisions on one's own Street and \\all !meet attract man} U ofT terms, taking into account one's unique law graduates ·and there are perfectly goals and wider community commitments. legitimate reasons for pursuing a legal Take Canada's postcion with regard to career at a large downto-wn law fum. But how many of us arc simply "going with Iraq, for a third. Reasoned argument ts

I

BY MICHEL BESHARA

cructal in the current debate about ::.adJam l lussc1n's rq,rime. The United ~rates, the world's sole rt;maining superpower, appears bent on attacktng Iraq, and 1s -w'lllmg to pursue its m1ss1on unilaterally, if necessary. Washington's moovc IS unclear: some say it's ideological, some say mthtar~. others say economic. \'\'here docs that leave Canada? Should we unequivocally support an \mcncan inten.cntion, cspcctally -without CN ' authorization' \'\'hat we dt;cidc to do 1s obviously s1gmficant, but the basts on which we make that dec1sion is of equal import. Canada has an opporturury ro advance an mdcpendcnt, principled, and rational pos1t1on; we should be wary of those who call on us to follow the U.S. position automatically.

A commitment to critical thinking often requires butting heads with powerful authorities. But as law students and fururc lawyers, we have a responstbil.ity to champion 10dcpcndcnt thought. It's a valuable skill, and tt's the best tool we have to offer the rest of the world.

BNnflm Managrr Sunren Desai

It's 11 o'clock, do you know where your soul is?

CoPJ Editw Caroline Libman

BY BEN ARKIN \\'111 ~' v,o\~\cn t.cmc!'>\Ct for U\i

DaVJc/ KlliUJ } IUJ Norqua

Culrillll/lln .Rema GoyaL Tun Dickson, Colin Grev, Keith Burkhardt, Ziyaad Mia. Ed Morgan. BenJamm Pemn. Ronan Levy, jeff Torkin, Jun Phillips, Brock

Jones, Melissa Kluger. Joseph A. G. Berkovits. Joanna Fmc. Ren \ricin, Paul Galbraith, Denise Reaume, Scott l<irkpatrick. Adrian Uu, HELMUT Ultra Vttts 11 an editorially

autonomous newspaper. Ultra V m:s 11 open to contnbutiOr'..s which reflect diverse pomts of vtew, and tts c,ontents do not necessarily reflect the vtews of the faculty of Law, the Students' Law Society (SI.$) or the editonal board. The edirors wekomc contributtons &om students, faculty and other mteresu:d persons, but reserve the nght to edit subnussions for length and content.

Commurucanons Centtc, hlconer Hall 84 Queen's Park Crescent 1oronto, Ontario, MSS :!CS (416) 946-7684 ultra.vtres@uton>nro.ca www.law.utoronto.ca/ultravires \dvem~mg inqwries should be sent to th attention of the advernsing man.tger at ultta.\'lres@utoronto.ca

l hra \ trcs l5 published month!), and ts pnntt;J b) \\Cller Publishing 10 Toronto. ( trculanon 2,000. The next •~ u \\til be tn Nmcmbcr 2002.

,;craw\mg

fi.n.t -years, b\nhc\y on blank slatel;, uec\aring

our tntt'ntmrr.~ li >r rh<• liimcc. Then.·

i~

nmplc

14.trning, mostl_l in tile form of a1,>irarcd OC/c:rs, that rhis mi}{ht be the lasr chance we haw ro objccri,·cly consider our inrennons and, Dad fol},rive me, our feelings.

But we're not tmpctuous children - we can't all aspire to be members of the faculty administration - 'l!.ith no rq,>ard for the tmplications of our mushy-headed idt.-ak Yet we sri\\ have ideals. and l hope that we're sui! going to take this early and unique opportunit) to voice thL'Tll. l.cr\ face reality, though. The real question i~ whether or not we're going to sell out, and I ~ee the issue tn an interesting way. l.ct's look ar th1s problem from a historical point of view. Remember a few years ago when some wayward amino acids slumming

tt tn the primordial slime got hooked up?

You kno'l!.; the day life was created. Anyhow, the doctrine of progress set in quickly and not long after we had cleared up the sulphucou~ J.lt')lU:T~ \.\

4,..•

gor dow·n ro rlu.• busJ

m·.,s of improving our lot in life.

Thi~ direcrivt.• to impro,·e happiness, howc\W, popubrly rook on the margmally differenr slant of being well equipped to improve happiness. Ever stnce, knowledge and dewl have been preferred to broader mt.'aning. This might be contentious, but I can't sec how rherc can exist a respect for broad mL-aning among those who attempt to ascend the narrowest towers, be they ivory or glass.

In Ia'.!.~ 1 sec this illustrated as an analogy.

Imagine a rope, one md tied to the other and roughly formmg a circle on the ground, representing the rule of la-w. -\. society of one hundred people, each of whom has a role tn maintaining the intcgricy of the

group, shares a very small circle. I r can be seen in irs entirety ''ithin one's peripheral vision. If it contains any inJustices, it manifestly displays them ro all. A litde reach and swug•· ,. all 11 l.ll,l'!i ro ch;tngc rhc law .u1<.l make 1hc etrck- a liule more perft;Ct. \ rope thousands of miles around characrcrbcs our system of Ia~; which can be accessed at any point but onlr if one has the tools and skills necessary to navigate ro the remote arc of narro\\ inrcrcst. It can be fine-tuned to near perfection, but, to e\·en rhe most learned jurist, it is srill only visible in the abstract.

The crux of this analogy is that every cir· clc has an infinite nwnber of pomrs, no matter irs size. In other words, the parcicipa· tory legal system of one hundred people is ju~r as complete, sophisticated, and appropriate to their communtty a~ we claim our current system IS to us. I doubt that there is

PLEASE SEE "SOUL" ON PAGE 14

Letters to the Editor

to more vigilantly '>crify your facts in the future.

Editor,

·NI Torkin ]D/Mit•l 2003

lla"~: ing

[Ed.: I :Or tbt mord, tbt numbtrs are as follou•s.

Stat.r IHt!J not bt 10Wt'o a(mrale, d11t to drop-outs and 1/rU' ,,dmilltJII(tS:

been a contributor to and editor of Ultra \'ires in its maugural year, I have always taken pride in the sustained quai.Jry anJ integrity of the paper. Perhaps it is for this rt.-ason thar I feel compelled to express my disappointmt;nt with this year's premiere tssue. .My chief concern is the inaccuracy of certain facts presented in your editorial.

Specifically you noted that enrollment in the JD/MB \program has been "soaring" as of tare while enrollment in other programs, notably the JD/MSW program has dropped sii:,tnificantlr. \Vhilc 1 am not familiar with the JD/~ISW numbers, I do know that enrollment in the JD/MBr\ program for the classrs of 21103,2004, anJ 2005 is 16, 15, and 16

stuJl!nts rL>spt;ctivcly.

Perhaps "~>table" rather than "soaring" might have been a more appropriate term to describe those numbers - but I suppose that stable enrollml'llt in the JD/MB,\ program doesn't deltvcr as much punch wh(•n one is trying ro support the clatm of corporariza. cion of the faculty.

While some may deem this po10t tri\;al in the broader context of the editorial, I find it incredibly dtsturbing that the t;ditorial board of Ultra Virl·s is prt;parcd to manufacturt.· facts in orJer to support an argument. For the sake nf }OUr own cred1biliry, I urge you

j.D./M.J.If~

199-1 1995 1996 1997 1998 1999 2000 2001

6 5 4 4 4 2

J.D./M.B.A.

13 13 16 15 15 14 15 16

Jourcrs: Proftssor Amold lr'tinrib, r'Omi!J o/ I .ow,· Jharo11 Rtu'tl/, Rrgislrar, Hl(tii!J o/ Sodt~l IF~rk)l

OPINION

22 OCTOBER 2002

There is a disrurbing lack of overt firm sponsorshtp at the law school this year. ln stx weeks of school, I have only had three brushes wuh ftrm bcnefacnon. Thr first was the sponsorship of orientation wrck by twenty leading ftrms. The scconJ was the (,rand .\foot, sponsored b} McCarthy 1 ctrault. The thtrd '.!.'liS editor traimng for the Faculty of Law Re\'ICw, ~ponsorcd by Torys.

After the Moot, attendees and participant~ gathered for a social where wine, beer, sushi, rorrilla wraps, and mvriad cheeses were sen:cd. 1\t the l..a'.!. Rcvtew meeting, lunch consisted of several deli c1ous sandWlches and exotic salads \\ith arugula and a variety of dressings made with pesto, hench mustards, and imported honeys gathered by enterprising I~uropcan bees. EdJtors-in-tnumng also received D -shaped rock climbing cltps (l am told the) are called carabiners) wirh a butlt tn digual clock and compass. "Torys Ll P cw York Toronto" is primed on rhe front tn ltttle black kncrs. w·hen ftrmS arc not sponsoring a Stu· dent event and food is served, rhc offering is tncvitably pizza. Of course, there is nothing wrong with pizza, but once COn· sumcd, the carer must be prt.pared ro deal with thr ensuing digestive repercussions.

Ultimately, it is nor jusr about food. h is also about pens and highlightcrs, Post· its, t-shirts, notcpads, and carabiners.

Dunng Orientation \\'eck, a supcrblr organized event, students rccctvcd one t shtrt. It '.!.aS a Cozy Creek Casuals t shirt ( l00°1o cotton) 'l!.ith the names of twenty firms pnntcd on the back. Twenty firms. lmagme tf we got twenty r-shirrs. Twenty t shirts is an entire wardrobe minus the pants. It's enough clothing for wcanng to school, going to the gym, wearing to bed, and for doling our to family and friends during the holiday season or to your significant other or others. Boyfnends or 1,.Ulfricnds can brag that their panncr.- arc

I wonder as the Dellwaves intermingle with the electrical signals in my brain, where are the firms? so covered by Bay Street firms that the offices arc willing to clothe them.

No doubt some will argue rhar too much firm influence is bad. La'.!.· students arc naive ~tnd impressionable. The ftrms can sponsor student events bur they should remain in the background.

But shouiJ they? Every afternoon, l tmesr in a tall (small) coffee from Srarbucks, and with my bacJ..-pack, with Jan~port, University of Toronto and the number 27 (which happens to be my btrthday in January but doesn't explain why It is stitched on the backpack) move

One of the greatest failures of our JUdicial system is the means by which tt combats drug abuse. The Canadian govern· mcntsspend upwards of $500 million per yt.m in a futile attempt ro prosecute and 10carccrate rrunor drug offenders, despttc overwhelming evidence this accompltshcs preaous little and docs nothing to curb overall demand. The situation is so dtrc that recently a Senate report came our calling for the legalization of marijuana, ctnng the need to reform our current policies. It's about time.

Consider the following statisocs: every year, more than 20,000 Canadians arc charged, and 2,000 convicted of marijuana possession.

Cumulative!}, over 600,000 have crurunal records because of this offence. Yet it is estimated that at least 1.5 million Canadians routinely com· mit this "crime." The law simply is not working, and with good reason.

Unjust laws will always be defied by a democranc citizenship. It is nothing short of disgraceful that we devote so much time, money and energy to criminaltzing a drug that has never been proven to be any more dangerous than alcohol or tobacco.

1t clogs up the courts, costs an obscene amount of money, wastes valuable police time and ultimately ruins many people's lives. A criminal convicoon can have an irreparable effect on someone's career prospects. This is an absolutely ludicrous way for a modern, progressive nation to ttt.-at Its acizcns. It encourages civil, judi-

c1al and penal systems similar ro that of a police state.

It is little wonder that the Canadian Centre on Substance Abuse, the \ssoctanon of Police Chiefs and the Canadian Bar \ ssociation have all come o ut tn favour of ar least decrirrunalizanon.

The Canadtan Medical Association has also taken thts posicion, noting that the effects of moderate marijuana u~c arc "minimal." We have come a long way from the nonsensical fears of "reefer madness" that led to our first law banning marijuana in 1923.

Around the world, other countries have already taken this evidence to heart. The British government announced recently that Its manjuana laws would be rela.xcd ro the po10t that most offenders would stmply be let off -with a warning. While public opinion polling data on legalization 1s not entirely conclusive, over 7 m 10 Canadtans favour decriminalization. Yet still our spineless federal government sits on the fence rather than take even a first step towards repairing the disaster of our current "war on drugs" mentality.

The sad trony is that keeping drugs ille gal, particularly marijuana, results in a muln-billion dollar per year criminal enterprise. The real winners under this perverse system arc those who partake 10 organized cnme. The American Civtl Liberties Union has reported that crime barons in the United States derive an csti· mated $10 to $50 billion a year from the illegal drug trade. Indeed, the criminal drug laws protect drug traffickers from

Reflections on a muddy pool

o\·cr to a comfortable couch to read one of two national newspapers compltmcn rarily provided ro the law school. Looktng

BY PAUL GALBRAITH around, there arc Dell laptops rccctving 802.11 b compltam Dellwaves from the Is there anything more cxacing than your first rwo air, connecting users to the nearly ub1qui months of law school? Of course there is. But this tous Dell wtrelcss network. doesn't mean it has been a complete waste of \s the Dcllwavcs intermingle Wlth the time ... it is not like we arc go10g to Osgoode. electrical stgnals In my bratn, I wonder lr has been a rather hectic occasion, however, and where the firms arc hiding. Wouldn't tt be so I thought it might be nice to relax a b1t, by doing nice if frrms could sponsor classes dtrect more typing. So join me as I take a stroll down mem· ly? ,\ firm specializing in corporate law ory Jane, to those hazy days of yore, when \\C ~ere could prO\·ide studcnn; with an Income young and free anJ signed up for too many clubs.

Tax Act emblazoned with the firm My first impression of law· school was that it ~'liS moniker. \X'hy docs my pen say Uni·ball going to be bloody hinderingly awk-ward ro have all instead of Baker & McKenzie? Why docs my lccrurcs in that tent, parricularl) when it got cold. m} bmdcr say \ceo instead of My second impression was that eating pizza every Gcx>dmans? day for lunch -w'lls going ro kill me in short orJer. The dearth of blatant firm sponsor· ! lappily, I discovered soon after arm.;ng, that lt.-cship this year has left me wondering if turcs would not be held in the rent. The pizza, howrhere is more to law school than classes, ' ever, is still working Its seductive, d<.-adly magic on me. cascbooks, moot court, law journals, stuis the name of the game in tons class.

Seduction dent clubs, Ultra Vires, pro bono work, Intellectual seduction, that is.

How my intellectual and going out with friends for a drink. horbons have been broadened by Professor E. And b} more I mean more pens, t-shirts Wcinnb 's not-as-uniquc-as-it-used-to-bc-dammit and caral?Jncrs swinging merrily from my approach to torr law. From the maddening injustice backpack telltng orne and dtrection and perpetrated by Lord Dcnmng on poor, sweet ;\b. every so often brushing up against the Miller to the base (yet surprisingly legal) treachery of number 27. a certain ;\ir. P1ckles, I have been left m a daze of ::.0, firms, if you are reading this, do confusion over mr rights, obligations, and duties. nor forsake us. Come back. Come down I am now fully cognizant of the need to read all from .\lount Bay ~trccr and shower us the rcyuired cases before making cornment:s in class. again \\itl1 the staunch materialism of ,\ftcr a feeble attempt to weasel out of the consecorporate tnnkers and logo-emblazoned quences of my own indolence, 1 shan't soon forget office supplies. \nd please bring beer, the pubhc ~haxmng that has tmt me back on the sushi, and sandwiches.

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Marijuana laws favour organized crime

BY BROCK JONES

13

taxation, regulation and quality control.

They also create artificially high prices and assure that commercial disputes among drug dealers and their customers will be s~.;ttled not in courts of law, but with violence in the sneers. While the magnitude of the problem IS not as severe in Canada. the sttuation remains similar.

Furthermore, there is no good e\idcncc that prohibtnon decreases drug use, and there arc several theories that suggest prohibttion m1ghr actually increase drug usc O.c. the "forbidden fruit'' effect.) In the Netherlands for example, prior to dccrirrunalization, 10 percent of Dutch 17· and 18-ycar-olds used marijuana. By 1985, that figure had dropped ro 6.5 percent and has remained relatively stable ever smcc.

Of course, many will suggest drugs would be more avrulablc once prohibttion is repealed. But despite efforts to stem their flow, drugs remain accessible to any· one who wants them, and the risk of arrest has proven to have a negligible deterrent effect ror young people in parocular, the situation is a farce. Alcohol, being regulated, is more difficult for young people to obtain. The local drug dealer doesn't care if you're 19, only that you can pay.

Canada prides itself on being a progresSIVe naoon. Yet our drug laws are nothing short of a tragic anachronism I r is time this country took a stance as a wodd leader 10 reforming our outdated drug policy.

The legalization of marijuana is an important first step towards that goal

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upper limit of til) grade in cons I!as now prc:.\unl · ably been fixed at about a C, I feel confident 111 my abilil) to, as It were, be all that I can be.

Speaking of being unprepared, the unsuspecting student may believe that Legal Process JS bound to be an exercise 10 tedtwn. Not so. The comedic si}·Iings of Professor Lome Sossm belie this age-old myth.

Mark my words: spend an hour discussmg the rules of civil procedure with Professor Sosstn and you'll leave wondenng whether you ought to stick around for the dnnk specials and try the fish. He can bring a tear to a glass eye.

J have also lx'gUO the long process of getting acquamrcd with The Reasonable 1\fan. He IS a com· plicarcd fellow, so I don't expect that I will be able to glean aU of the nuances of his captivating personali· ty from a mere few weeks with him. But, I gather he ic; something of a celebrity in erudite legal circle~. I have noticed that he gets invited to aU the good parocs, is 10 the loop, and is on all the emailltsrs. Though our friendshtp l5 currently rather impersonal, J hope to acrually meet The &-asonablc l\fan at an upcom mg social gathenng, perhaps on Hallowe'en.

Unfortunately, I expect he may hide behind a dC\'1ous costume, rna..~qucrading as someone much less reasonable and much more intoxicated. .\nd finally, if brevity is indeed the soul of wit, I am afraid that many of us are dcsnncd for a life lack10g both (and, 1f the jokes made of our professton be true, lacking a soul as well). Class commentary has run the gamut from the long-winded and absurd to the merely absurd, as we all snuggle to shape the amorphous blob of our pre-legal intuitions into something resembling clarity.

Yet, we stagger valiantly on, ever confident in our ability to one day crystallize the entirety of the legal professton into a single unassailable pnnciple and overcome the overwhelming odds against our ever-managing natures to mwnblc out a coherent legal thought.

I, of course, cannot escape this desnny of ours ... just ask the Sovereign People of Nova Scoria.

OPINION

14

ULTRA VIRES

Faculty Council meeting adds 'new dimension' to tuition debate The composition of our student body will be determined by financial considerations, says prof the increased fcc plan, argued that it was inc\ nable that some people would not apply ~ome that thts was evidence that fees had and others would not enroll once accepted \ s reponed in the previous edition of Ultra indeed reached the point where they act as a as tht• tuition increased.

Virt•s, dunng the course of this year the deterrent. \X Jth characteristic intellectual honest), The admintsrracion argued that no signif(~overmng Counctl of the Cnivcrsny ,,;11 Trebilcock drew on one of econorrucs' dectdc whether the Jaw school will be basic insights-demand curves slope down allo\\ cd to continue trs plan to raise tuition and to the right. That is, as price goes up, by $2,000 a ) l"ar until it reaches $22,000. demand goes down. He indicated that he \'\ lu:n CO\crning Council approved the was not concerned about this. The price school's plan last ~pring, it voted unaniincre-ase meant that the law school was mously for a rider - that after the $2,000 offering a better product, one richer in intelincrease to 14,000 there were to be no lectual challenge, and those who chose to more substantial tncrt-ases unless e\idcnce pay for that were exactly the students we was brought fi>rward both that students wranted. If a price increase deterred somewere not being deterred from going to the body whose ambition was limited to smallbw school and thar thetr career chotees town practice in \Vaterloo, so be it-we don't were nor being disrorted by the high levels want such an individual anyway. of debt incurred w ger a legal education at Whether one believes that the law school U of 1: The motion specified that the study should attract those who wish to be smallicance should be attached to such a small not be done by the law school administratown lawyers, Professor Trebilcock's views tion, and so it is currently being conducted ch:tnge. They may be right, although that have added a new dimension to the atntudc ts inconsistent with pre\·ious insisthrough the office of Sheldon Levy, Vicefees/accessibility debate. Previously that tence that every small increase tn the rate, or President, Gm-crnment and Institutional debate pitted supponcrs who insisted that a holding stead} of the rare, was clear e\'iRelations. there would be no effect of accesstbilit)· Tuition and accessibility came up at the dence that all was well. It is too early to teU, because of the excellent student aid plan but rhi~ statistic should engage the interest first Faculty Council meeting of this academic year in a \'cry interesting discussion of whoever carries out Go,·crning Council's against a rather smaller number of opponents who argued that tt would. sparked by e\·idencc 111 the Admissions :tcccssibiltt)• study. "low, we have a supporter who agrees Of even more interest is the debate that committee's report that this year saw a w1th the opponents about the effects of decline in the "take-up" rate - the percent- ensued in a Facult)• Council meeting. ,\ s stuincreases, but also thinks it does not matter. age of <otudcnts to whom offers are made dent representatives pressed the issue of l think this is healthy, and should lead to a v..·bo ~:mo\\ in the \aw scboo\ m September. accc%ibi\ity, and as the administration more or>cn ucbatc about fees and accessibilsoujl,bt to a\\ay any concerns, my co\k-nguc \t 'IW'M on\y a 11ma\\ uec\ine, out i.t fo\\0'0.'1'> a incrc:t~ed or hdd stcadv, and suAAestcd to

BY JIM PHILLIPS

Socio-economic status already detennines, to a substantial extent, access to education in our society; we should not be adopting policies that would exacerbate that situation.

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Even if we accept that Professor Trcbtlcock is correct that the difference resides in a willingness to pay more for a better "product," which, as discussed bclo\\; I do not, we arc m a world in which the composition of our student body ,,;ll be determined more than tt has been by financial constdcrations. \X'e need as a communif) to discuss whether that is right, not stm ply insist, as we have done, that it will not happen.

Professor Trebtlcock's intervention should also prm·oke a discussion about the relative roles of choice and financial con straint in determining students' dectsions about law schools. At the heart of his "bet ter product" argument is an assumption that anybody who wanted to, could go to U of T, but some people, preferring to pay less for a lesser product, would choose to go elsewhere.

But is it really that simple? Do we all choose not to buy a BM\V and settle for a lesser car, or are many people in a position where they simply cannot afford the Bto.1W? Even if B\.f\'(, were prepared to give us a very large loan to buy their car, would not some people shy aw-ay from incurring that debt, or be concerned about the constraints on thetr futures that carrying It would entail? There are man) more factors beyond simple, individual chotec that do determine, and will incrt-astngly determine, whether a

\a.-..=' out what ts at stake

person ends up attending the U of T law

and rcqutres paructpants to accept the consequences o f past and future increases.

The acknowledgment that lugh fees will make some turn away opens up a new ilimcnsion in the debate. \dmtsstons dectsions arc based entirely on academic merit, but tf we accept that some considered more meritorious than others will not come to the law school for financial reasons, then we must also acknowledge that thCJI places w.'ill be taken by those considered less academically mcrirorious as the admissions committee goes down the list to fill the places. The law school will surely be the loser by what will effectively be a change in admissions criteria.

school. Socto economic status already determtnts, to a substantial extent, access to education 111 our society; we should not be adopung polic1es that would exacerbate that Situation.

Last academic year saw a vibrant debate in the law school about the mstitunon's futUic, and there was a Governing Counol motion that debate ·was going to be continued this year. \X'e now have a new factor to the ongoing investigation into accessibility, one that deserves a vigorous discussion.

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FEATURES

22 OCTOBER 2002

15

Gowned and out: The silly clothes lawyers wear

BY MELISSA KlUGER o there I was, on the d:ty we all wait for, at my call to the Bar cen:mony. \fter four year~ of undcrgrad, three ye'lrs of law school, ten months of artichng, ;tnd four months of less-than-pleasant bar admission coursework and exams, I could finally call myself a law}Cr. How did I feel, you ask? I could tell you I felt proud, maybe inspired, or even perhaps rclie\'cd-all lq;irimate call·tO·thc-Bar fcclin),>s. But to tell you the truth, 1 mostly just felt hot.

True, some heat might have been generated by the cold I was coming down with, and some perhaps from the cxcttcmcnt that such a ceremony tends to encourage, but what I hold directly responsible for the hetghtened perspiration levels w'lls the many layers of wool.

In order to be admitted to the Bar, a special sJtong of the Court of Appeal and Superior Court of Jusnce is convened and soon-to-be solicitors take the required oaths.

Given this procedUie, those taking the oaths arc required to be "gowned"- that is, they arc required to be in "full coUit apparel." \nd that's where the wool comes 111.

I didn't know much about "full court apparel" until the letter came in the mail requiring that I be outfitted in the following: black shoes - black or dark grey socks - black, dark grey or natural hose - black gown vest - black, dark grey or dark grey striped

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Power.

'01 Faculty of Law graduate Melissa Kluger. Photo courte.ry of Melissa Kluger.

I like the way the gown looksmakes me seem taller, tougher, and more serious. trousers or skirt -black gown - white shirt with stiff wing collar and white tabs Some of these items were pretty easy to get a hold of - shoes, hose, trousers, skirt.

Silk i~ a lighter and brc.:ezter alranati,·e ro The :;ock requirement seemed to mt• to be: getting a bit too detailed, but sttll, tt was \vtx>L Bur no, you young lawyer~ cannot managt•able. Other items (read: gown vest, \War tt. You ~ee silk-this lighter, fancit•r, gown, stiff wing collar, white tabs) were not and downright sexter, material - ts resc.:n ed so commonplace. for a !'elect fe\\: There was a time, in the not Somettme tn late August, I found myself so distant past, when ver) good la\\)'ers (or, at a downtown robing company, puzzling some might say, lawyers wtth \'(:ry good over wool and polyester blends while a tailor friends) were bestowed with the title of mtasured me for m) unusual uniform. Kmg or Queen's Counsel (KC. or (~.C.) at \\'hen all was said and done and paid for which point they would trade in rhl'ir hl".l\) (made-ro-mcasure gowns don't run che-ap) gown for a gown of silk. \X'hilc the political here's how the layers wenc First, a long process of designating King/ Quccn's sleevc.:d white blouse \\1th a funny winged Counsel has ct-ascd, the tide and the matercollar that buttons snugly around the neck. tal arc still found in OW' courtrooms today.

Second, a gow.n vest, or waistcoat, lined and Seems to me like an unfair advantage. long-sleeved with buttons going all the wa} I abrics aside, I am looking forward ro down the front and a place to keep a pocket- that first time I gown for an appearance tn watch. Third, an open gown with gigantic court. I like the \vay the gown looks- makes sleeves and no real way ro keep it from slid- me seem taller, tougher, and more ~crious. ing of£ I·ourth, the tabs-those two white But for all its good looks, I don't think I'll pieces of material that complete the I'm -a ever come to like the wray it feels. lawyer outfit. It's a lot of layers. And, as I One day, you might find me in a courtmay have mentioned, it can be a lot of wool. room-decked out in my gown, waistcoat, There's really only two choices when it winged collar shirt and tabs-lost in thought. comes to gowns- wool and polyester. You might assume I'm thinking about my Choice number three is somewhere 111 client's case. And it's likely yoW' assumpoon between. Two questions may come to mind will be correct. But if you find me in a when you learn of these choices: 1) Who courtroom in the summer where the air came up with this crazy attire? and 2) If this condiooning is broken, or when the snow is the required look, isn't there something has fallen and the heat is on too high, as I lighter/cooler? The answer to the first sweat in my many-layered full court apparel, question 1S that this is an honourable tradi- I might actually be contemplating a fashion tion passed on to us from the British. Just revolution. be glad the wigs didn't make 1t across the Melirsa Khlgtr ('01) ~w the first ediU!r-in-chiif ocean. The answer to the second quesnon of Ultra Vim. Sht ~ calkd to tht Bar on Ochlber .3, 2002. is yes, but no.

Advantage.

Distinction.

Jim Phillips is a professor of hw at the Univmi!J of Toronto.

Damnedest thing to sell a soul "11 O'CLOCK • CONTINUED FROM PAGE 12

a clear threshold \\.'here the law becomes too large to "see." but I am inw--ardly sad that at some point in our history we m1sscd tt. The common person lost.'S the law. ln Oltr extracurricular lives, that ts >ou and me.

And what docs that have to do w.1th selling out? In this light, merely coming to law school, the tcon fvr the instiruoonalt7.atlon of law.·, wa~ the urtlls rtus for damnation.

I think that the Ba) Street/public Interest debate is a little like arguing between the menrs •>f self-~>cllation and hair shtrt: once you have joined the monastery, it rcallr does nor matter. Practically, either one wtll do: 1 can be a productive member of the economy (per the con.;ervati..-e chaps) or of the society (per the liberal

folk) and sull hold out hope for the Order of ( ,anada If )OU thought all of this was leading towards m) triumphant claim of \"anqwshtng the twin basilt~ks of power and greed, how wrong }OU arc. 1 am still gomg to be the damnedest thing to sell a soul since Darva ( onger went out in a blaze of vulgar glory to the perverse gratification of moraliscrs and Playboy subscribers continent-wide.

Why? It ncvc."r before occurred to me tl1at tt \\ ould be so counterculture t<> want to gam perspccnvc as I grew older instead of losmg n. I JUSt Jon't have an appetite for counterculture. ~ before we all end up on Bay Street, Jet's JUSt play bohemian a little while lon~cr. The angst IS on me.

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FEATURES

16

ULTRA VIRES

Beyond Sun Signs:

, Astrological secrets of the Powers-that-Be revealed

BY BRENDA DIDYK The horo cope you n.-ad c\er} mormng rn the paper, or the one )UU caged\ tltp ro \\ hcnC\ er o1 nC\\ tssuc of l hra \"rrcs come~ out, IS onl~ a \"Cl) wnpltficJ representation of the vast planetary nuchuuuons out there rn the urn\ er.;c tnfluenctng \OUr lrfc path.

'I our "s~gn" is rl-ally )OUr ~un·SlE,'Il, rep rc.eming the p<Ntion of the sun at the

ume of }Our brrth. Hut ''here was the mCK)n? \nd \\hat ,1bout L'ranus? These pl.mcts too ha\e a sth'll and can tell )OU cool thtn!-,'5 about whr )OU are tht· \\a}' }Oll arc \Vhy has no one informed )Oll of this rmportant and interesting aspect of )OUr astrologtcal self? \\cl~ thtnk back to )OUt s,rrade 4 SCience project \\1th the St} to· foam balls represenung the planet'> mm mg around m thcrr orbtts. Yes, that's nght. They moved in therr orbns! L'nhkl· the s un in us ftxed p<>sirion. the plant·t~

roam .1bout. In order to dcrcrmmc thCir po mons at an} gn en nrne (for cx.tmplc, }our birth), one must perform ccrtmn complicated calculations. \s a result, 11's t•aster and lc-;s time-consurnmg to refer to one's sun st£,'11 only. The sun,sign pro , tdls .1 rdtable general n~trologic,tl dcscripuon, but to get an tn depth understandmg, It's neccs~ar) to look at the other pl'lncts. l 11k1ng into account date, omt· and plan· of. b1rrh. astrologtst can create rnJtvidualizeJ "natal charts." Ewn wuhout

Dean Daniels: Inner turmoil and truth about tuition hikes On .Jul) 19th, 1959, Mrs. Daniel~ looked down into rhe face of her ne\\· b:tb} boy and said, "Let's call hrm Ron". The joyful couple rook him home and raised him with all the nurturing necessary to create a law school dt:an. Or was ir destin)? Some questrons can nc\er be answered, but looking at Dean Daniels' solar chan, one sees many astrological qualities that lend themselves well to role of dean at the UniYcrsiry of Toronto's Faculty of l.a\\: His Sun·sign, Cancer, carries \\;th it a htgh rate of success in one's career, parncularly when it involves seeking out financial opportunity. \\'c certainly find e"-idence of this in out dean's awesome fund-raising abilli\CS anu in hi~ many cre~ti"c idea~ for g:11h· C::.Y\.n~ '\T\C"\n-.:,-,

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the planer ruling inrcllecr and one\ rdMwn.,hips with orllcr,;, in /.co. I) It D.\ financial know-ho\\" is supported by skill in leadership. Mars, the planet governing physical force, is also rn I .co for Danrels. This bestows htm \\ith the energy reyuired to put h1s grand schemc.-s mto action and the abilit}' to anract powerful friends who will help along the way. Altogether, Danrcls' Sun, ~icrcury and :'-.lars signs form a powerful combination whose mflucnce is ck-arly at play 10 his career path.

Thi~ powerful tnum\-iratc of signs is nor without its neganvc aspects. For Daniels, most ncganves occur in how he is perceived

by orhcrs. For example, ha,;ng :\lercury in Leo helps one to sec the big picture but it can also lead to boastfulness and arrogance.

I lis Mars is also in I .co, turning leadership qualities into condescending authoritarianism. \X"hy have none of these negatives stalled Dean Daniels' brilliant rise to the top? The answer may be in Juptter, the plan et ruling one's luck. Dean Daniels is very lucky, indeed, for hts Jupuer lies tn Scorpio, giving him tremendous personal magncnsm.

People are drawn to him, even if they don't know wh).

Hut we alreadr knew about all this, didn't we? The qualities above correspond to his outward sc\f, the one we all sec running up the stairs to his office every day. Perhaps t"C\(lTC.

\ntc-tc.ttt\n.\!JJ.,

a~tro\o~

exact umc and place, a "sohr chan" can be crcnted. Its contents an true for CH ry person born on the same day in the same }car, but do provide more insight than the Sun-sign, only. 1f you arc unert·sted m pursuing this road to per~otul tnstgh t, }Oll may bke to read The Onlv \ strology Hook You'll Ever Need by Joanna :'\t.minc \\'oolfolk (1\ladtson Books, 2001). Easv to usc. it is the source for the astrologtcal information I ha\·e comprlcd hdO\\.

I was cunous about the real tl-ason our school is the wa} tl IS. Countless comrruttces ha,·c failed tO Jelrver a sausf,tctory answer Obvtousl}, the answt:rs art• wnttcn in tht• stars and !'O I created solar charts for Dean Ron Daniels and I Jbmry ( ;uru Ted Tjaden. J tc\eal to you my ~hocking discoveries . .•

loneliness. ls Dean Daniels lying awake at ntght wondering tf we really lrke him? A Capncorn moon also has some interesnng things to say about one's relarionsh.tp to money. It places great tmportancc on money LENCZNER SLAGHT ROYCE but not for rhe things it SMITH GRIFFIN can buy. Rather, money BARJUSTUS ts valued for the status it confers. Could th.ts be For information about opportunities for a student behtnd the fi,•e-year plan to learn to be an advocate see our website at www.lsrsg.com for tuition mcreases? It's not to pay for profs and infrastructure, after all.

It just looks good. If only he had been born a few days later ...

or contact Perry Hancock, Student Co-ordinator at ( 416) 865-3092, e-mail phancoclc.@lsrsg com Svn~ 2600,

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\"ide glimpses of the inner personaht}; the man hd11nd the mask, the secrer Ron. The moon, tl1c second most powerful planer after the sun, rules the inner sci( \\ hrk· we all cxpcriencL tensiOn berwcen our inner and outer selves, for Dean Damcls, these tensions may be parncularl} great-his sun and moon arc in direct opposition, 180° apart on his solar chart. This is an 1rnharmonious position causmg great inner conflict about the self.

I hs ~loon rs tn Capricorn, leading him to be ambitious and determined. Every moon has 1!:; dark side, howc,er, and a Capricorn moon points also to secret insecurities and

trap, remembering resources and library fines with pm-poinr accuracy. ,\ Iars tn Gemini also gh·cs Ted a gmtt talent for con\1ncmg others of the truth of his views.

Ted's Saturn sign, positioned in ,\quarius, supp<1rts this cerebral bent. lle \\ill only gain wisdom and maturit}' from an) obsta· des he encounters. I Ic should also watch out for ankle in1unes.

The secret Ted, revealed in his moon sign of Libra, is a lover of beauty. His personal charm comes out of an absolute abhorrence for the unpleasant and uglr. Ted most likely spends his weekends searching antique shops for embrotdered linens and fine china.

Should Ted leave the Bora Laskin J ,aw l.tbrary for grec.ner pastures, the fortuneguidtng planet Jupiter, positioned in Pisces, suggests he should work with animals. He would do e~pecially weU as a vctcnnarian, or breedtng horses. ,\fight be a good idea to take Ted with you next time you go to the track. I!c'll more than likely pick a winner.

~\\te ~ horoscopes

t:lfi

BY BRENDA DIDYK

m.

Aries (March 21 - April 19) Celebrity J\ricns: Roste O'DonncU, Diana Ross, Ccline Dion, Da,;d Lctterm.:m.

The bodr part most closely associaH:d with the si1-,>n of \ries is the head. And, ltkc the celebrities above, you either have a large head (~ize XXL toyue sound familiar?) or arc known for being hl-adstrong. ,\t the best of times, this quality wt.ll gt\'c you thl· courage to forge ahead in dtfficult circumstances. ,\t the worst of times, you can be rmpaticnt and demanding. Like Rosie and Da,·td, you thmk you're funny. Like Celine and Diana, your diva tactics really aren't.

Taurus (April 20 - May 20) Celebrit} Taureans: harl Marx, ~tgmund Freud, William Shakespeare, Cher.

The great thinkers listed above (cspectally Cher) arc testament to the tenacious Taurus whose sense o f purpose and hard wo rking attitude will help him achieve great things. But underlying all your many goals IS the search for securit}. Yes, Taurus, you crave safet}· and routine. Perry Como and Burt Bacharach are also Taureans-and their laid-back, letsurc swt St}'le fit you well.

You want the world to think you're Cher, but really you're all about elevator music. Taurus, you're boring.

Gemini (May 21 -June 20)

17

Greatness is yours, Scorpio Scorpio (Oct. 23 - ::\ov. 21) Celt•hrity Swrpio~: Julia Rl>lxrts. Demi ~loort·. Pablo Pit·a~~o. \\'inona Ryder You h<~ve a ~cn~e of puqxN' and l~l·l you arl' destined for greatn~·~'· Usl' thi' as a 'ourct' of elliJXl\H'rlllt'llt <~nd en1' rgy an,l ynu will achi~·,·e your goals. But he careful not to de,,eJop ~1 ~l'me 1ll entitlement - it could lead Leo Guly 23 • Aug. 22) 10 an un:ll t r;Kti,·cly large ego (1hink Jul ia Robert., Celebnty Leos: Madonna, Bill Clinton, Andy winning her l)~(ar) or (lther dirt• Cllll~l'lllll'llt"t'~ (poor Warhol, )aLkie 0., Coco Chane!. stkky-tlngcred Winona). Determination and amhition The collection above show~ how regal Leo 1s a arc grc;ll. P11wer-hungry and ovcr·(lllllrollmg are not. true mdtv1dual with the confidence to lead new trends in art, politics and, most importantly, pop music. But its all an act - as astrologist J.M. Woolfolk notes: your secret Sagittarius (Nov. 22 ·Dec. 21) is that you need co be needed. 1\vo other Leos illustrate this Cclchnty Sagmanam: Christina Aguilera, point: Monica Lewinsky and Kathie Lee Gifford. It'~ a fine Bette Mtdler, John Malkovich, Brad Pitt line between Monica and M<~donn<~-be careful, Leo. You arc enthusiastic and upbeat and, like the Archer's arrow that represents your sign, you are eager to fly in any direction, Virgo (Aug. 23 • Sept. 22) experiencing ne\\. and exciting things. Also like the arrow, others Celebrity Virgos: Judith Martin may perceive you as flighty and unpredictable. Come down to (Miss Manners) , Mother Theresa, earth once in a while. Try to put you out-there ideas into real Ohver Stone, Richard Gere action - you may be surprised by the fantastic results you achieve.

A perfectionist, you want to improve your world. You have high-standards for yourself Capricorn (Dec. 22 - Jan 19) and you expect everyone else to live up to Celebrity Capricorns: J.R.R. Tolkien, Michael Snpe, them, too. Unfortunately, you find it easier to Edgar Allan Poe, Kate Moss dish it than to take tt. You even feel upset right Serious and steady, friends see you as "the responsinow because I'm suggesting you may not be perble one".

Consider lightening up. Drop your aloof fect. You're thinking, "That Brenda, she thinks attitude and dress up as something wacky and silly for she's so smart." Admit it, it's true and you know Halloween this year.

But don't open up too much - your eneit. Resist the urge to criticize others and lead by mies will use past secrets against you. example, instead.

Celebrity Geminis. George Bush, George W. Bush, Donald Trump, the Marquis de Sade You thrive on self-expression and often impose your views on other people. Whether you employ the subtle art of legal argument in your moot, launch wars on lraq, or tic up your lover:., you like to know you've been heard. Your sign is also associated with nut-bearing trees and butterflies. Next time you contemplate persuading your auJiencc through forceful means, imagine a Monarch alighting on a chestnut tree. Aaahhh ... calming.

II

Cancer Oune 21 ·July 22) Cdebnry Cancers: Princess Oi, Jean-Jacquelt Rosltcau, Mike Tpon.

Like the celebrities <~hove, you arc ruled hy your p<ls~ions. Writing treatbc~ on human nature, making had relationship choice!>, punching people; isn't it exciting? You react instantly - and without thinking. While thi~ m<~y ~crve you well in a di~astcr situation where e\'el)' second count~. it may get you lahellcd as moody <~mf impulsive hy your friend~. Calm down, Cancer!

Ted Tjaden: Lover, friend, librarian Born on J\U{,'USt 6th, 1962, Ted 'Ijadcn was favoured "'ith a very harmoniou!> chart, with many of his planets at 120° to c.-ach other.

Thts leads gt.'Ilcrally to ad,-antage and easiness m life. So much so, in fact, that he may be subJt:Ct to bouts of laziness if he is not careful.

I lis sun ~ign, Leo, shares the first House on his solar chan with Uranus. j .,\ l. \'\'i>olfolk suggests this may lead to "a pos~i­ ble supcriont}' complex.'' Considering the many que~tions Ted fields every day from clueless law students, one would not blame him if he developed a smidgen of smug self-satisfaction. As a Leo, Ted ts natural leader, whose most likeable trait is exuberance. Trul}; no one expresses more enthusiasm for Qurcklaw power point prc:;entations than Ted. Mars, which rules physical force and capabiltl)•, is in Gemini for Ted. For this rt.-ason, his greatest energy is reserved for matters of the mind. His brain is like a Meel-

FEATURES

22 OCTOBER 2002

Libra (Sept. 23 - Oct. 22) September 23 - October 22 Cc\ebriry Librans: GW)'neth Palrr<m, O:.car Wilde, Luke Perry, Angela L·msbury.

Charming and social, you please everyone wirh your ability to sec both sides of the argument • but your desire to please may lead you to make promises you c:1n't keep. How many hearts has Gwyneth broken/ Remember when Luke Perry broke up with Brenda Wal~h and then dated Kelly? Don't even get me ~tarred on little Miss Murder She \X'rore. \X'hat your elementary school teacher rold you was true: In the end, you're only cheating your~elf. And the other per:-.on, of course. It also sucks to be them when you rake off.

-

Aquarius Gan. 20 • Feb. 18) Celcbnty Aquarians: Oprah Winfrey, James Joyce, Yoko Ono, Jackson Po\\ock A \i.n\e ood but mend\'/, 'I~U

~~te -we\\.\\\c~t~\

hr all bur the narrow minded who nl/Sundcr~mnd your arr. Bur you /ike it. Yes, rou CnJO}" rour eccentric reputation and will try to usc it as an cxcmc when you feel lazy and srubborn. Don't do this roo often or your rep will go from "charmtngly avanr-garJc" co "annoymgly weird." Do you really want to be the Yoko Ono of our generation?

Pisces (Feb. 19 • March 20) Celebrity Pi~ceam: Drew Barrymore, Fahio, Dr. Scuss, S<1lly )cs~e Raphael Ruled hy ~eprune, g<xi of the sea, you <lte water-ltke in your changl!ahility and adaprahtlity. 'rou like to go with the tlo\\, but this may cause you to get caught up in ~trange 'ituations \\ith unpredictable people. Why do you think Dre\\ ever went for a certain Mr. Green, eh? Don't swim down the .' amc stream, my little law-school fishy-pie.

For Aird & Berlis LLP, practising law means understanding the type of business our clients do and the industries in which they operate. This understanding allows us to help our clients achieve their goals. The students who summer or article here are an integral part of a team of professionals establishing close working relationships with our clients.

Finding and developing talent is sound business practice; and at Aird & Berlis UP the foundation of this is our student program.

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18

Lawsuit of the month

Toronto's underground film scene

.

BY KEITH BURKHARDT i\ftcr H:trtt finishc~. the show bq~ms. \Xc

BY BEN PERRIN stt through two hou:rs of rnind-numbtng 1~arher this y(.'ar, Penthouse magazine pub prc,paganua. lishcd its June issue \dth an eye· catchmg title The show is about lO stan. You've got thl' ,\s the film reaches its climax, a final declanng, "I· xclusivc: \nna Kourmkova best scat m the housl._Jnerally. There are no speech by Hitler, 1 wonder why it has taken Caught Close Up on Nude Beach". hnl' ups to bra\'e, no cxpl·nsin· popcorn to llartt to show it in his own hc)U~e to bnng it Pt·nthouse doubled its production run, and bu), and no prohtbtnon o n lil1uor insiue the to ltght. jacked the price up $1 for this issue. Over a thcatn:. It IS Sunday night in Toronto's Watching the ftlm, 1 felt disgust and outmillion issues flew off newsstands. Then unde:rgrounu film scent·. rage.: at I Ii tier and his perverse prophecies of the re\'clation ... the article was very, very \ bout a uozen pcopk· arc at the 4:00p.m. a thousanu·ycar reign, invoking biblical allu· poorly written. That, and well, the photos <ereening ar the Cincforum at 463 Bathurst. sions to the Anti-Christ. How ironic that the were nor of Anna. Fonunatel}, Penthouse Most an· students who saw the pmters ft.lm's aim was the opposite. admitted to the mistake wtthout havmg to throughout downto~·n 'lhronto. What got Is there nor value m understanding how resort w eyewitness authentication from their attention was what got mtne as \\ dl: the such a movement could ha,·e arisen?

Why Pavel Burc or Scgei Fedorov. In the end, the image of \ dolf I lit1cr staring back at thcm. has this artefact of history been hidden? winners were the amateur photographer The feature is l.eni Rienfenstahl's I r n:minds me of the decision by major who, for these 1995 photos (when •\nna was "Tnumph of the \\"Tjll" (1935), a smister Canadian bookstores to pull certain books Are we so arrogant as to think 14), made a bigger killing than Ray Lewis, mastcrptece of political propaganda com· off their shch-cs. One such book is l\km and Penthouse, who earned even more than mJssioncu b\ Hider himself. ln Ccrman, ours is a society that could never Kampf which, mctdentally, is required read Chns Webber got from University of with Enghsh. subtit1es. the film captures the ing in cerrain history courses. wecklong N uremberg rallies of September fall prey to the madness of mass ' Michtgan fans. That is, until 4 weeks ago , \ re we so arrogant as to dtink ours is a 19J4 and Hider's '-·cnomous and fo reboding when two guys living in IUinois (Vadim society that could never fall prey to the mad speech to rhe hundreds of thousands in scapegoating and Levm and \lex Sheyngis) filed a class action ness of mass scapcgoating and dtscnmma attendance. lawsuit on behalf of all buyers of the June tion? Perhaps the "triumph of the will" has i\ s the final fc\\· moviegoers enter the discrimination? edttion of Penthouse. They want to be been in our denial that such a will could ever scrccmng room of this unassuming house, l rcunbursed for the $8.99 they shelled out manifest itself in "modern" times. ne n·ously settle in. Chance has it that I'm thmkmg that they would be ogling Anna.

A not-too-distant and more widely not alont• tonight. Four other curious bw film really showed the power of images."

Others in the audience, such as student viewcd fum once remarked that the greatest students have shown up.

This pri\'are theatre is the passion of Reg l.ucas Lung (I), were unimpressed by Hartt. trick thL devil ever pulled was convincing Hartt, who has been doing this sort of thing ":-.ure I'd go sec another shO\\' there," said the world that he didn't exist. It is remark- One Ainl & Berlis alarm clock, battCC) for the last thirty years. Ten dollars gets you I ung "I'd just go thirty minutes late to miss able that one has to seck out the alternative, tncluded "underground" theatre in one man's living a lifetime m~:mbership to his shows incluu- the talk."

Onl· Go\\lings coffee mug, nevcr used room to get a glimpse at some of the most \\'hc.:ther you agree with, or can undcring cv~:f)thing from Charlie Chaplin and .

One box Ogtlv} Renault breakfast . tand, what l lartt has to say, one thing is for pivotal moments of this last century . ~osfcratu to Bu&> Bunny and Betty Hoop. cereal, h alf eaten "Thi.s fl\m presents Hn\er a!'. the ~ure; you v..-1\\ never have this expcri~:ncc at a I :Or 1110re it1_j'ormatiorr about Cinifonun, call (416) 50 cen t~, or best offer. <:m c\'\cx. \\is mam th c\'.\S is that of sc\f.

603.6643 or r•i5il lbrir u•tb5ile at Mc"'"' a\,:' t.a'jt. \\a t t\ a'> be bc\?;\n!> \ry \n uo l\ucmg \he h\m. '' \'m no\ ~un.- ''hat that n:\\an~ec- .\ ruAAcu rniliv1uua\\~m th<\1 he he>~ cof11111Untltt's.msfl.ca/ DinnerAJ(.,4.nt,fonlfn.

1 (' on/,,r / ian.n dJI<t{jj)I_IIOf'()fllo.«l rncans to you." irate~ ro call anarchy. ll artt ll!iSUffit'S nothing about his audit•ncc, cxn·pt that ~inc~: thcy arc in his homt•, they \nlllisren to his beliefs on life, philosophy. and ht~ formativ~: year.;. ( )n onl' occasion, Hartt hosted an eightyyear-old llo locausr survivor and his famil} in screening thts film, and a se,·~:nty-ycar~ old former f litler Youth member on another. "\\'hat you 'II sec arc hundreds of thousands of fools following one fool," Hartt explains during a half-hour pre-screening manifesto.

"It certainly was interesting to ht"ar his idc'as," said srudcnt Erika Einetgcl (1). "The

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Top 10 things to do at an OCI when you know you're not getting a call-back...

I) Tell the interviewer that you'r~: uncomfortable .mu ask if tt would be ok if you could take off your pants.

2) Speak m dtfferent bnt,ruag~s. but t·nd every sentence with "summer program" and the firm's name.

3) As soon as }OU sit down, starr negotiating the salary.

4) Occasionally interrupt the comersation with the intervtcwer to converse with your shouluer. If necessary, comcr~e \\ith both shoulder~.

5) ,\sk the intcn iewcr if you can confide in them, and tht·n tell him/her that thctr ~ife/husbanu is an ammal in bcu.

6)Sit on the mterviewcr's lap and recite )OUr Chnstmas list from 1983.

7) \X'alk into tht: booth and say: "Where am I? Who arc you? Wait. \\ ho am I?" Then yell"Bcarn mt· up, Scotty!" anu while rubbing your nippks fervent!).

8)'lil\\·ard the c.:nu of the OCI, ask the mtc.:rvtcwer tf rhc firm'~ health pbn covers antibiotics for syphilts and gem tal warts. Proceed to put your hands uown your pants, scratch your~clf, and rhm offer to shake the interviewer's hanu.

9) !·art. \nalFe the smell iucntif)ing all the foods }<JU've carcn reCl'ntly.

10) Respond to eW[} <.jUCstion wJth the answer: "I know you arc, but what am F'

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19

FROM THE SIDELINES

cSollo Voce

Why I hate baseball

BY KEITH BURKHARDT

·vou the tem1 '11:alk' mran that the ptryer hit the ball so far that hejlf.rt got to walk around tbe bam bt(tliiSt it wotfld takr so longfor the other team to find tht ball?" -1noi!'JIIIOifS .rtrolldyrar at a Bllft Jqysgamt Do you know what the probkm is \\ith baseball? Steroids? Endless labour ncgoriations? SL-ason too long? Playoffs ll>O long? Yes, those arc all problems, but not THE problem. Tht.• problem \\1th baseball, belic'-c it or not, is money. 1 don't mean the money given to the ovc.rp:ud mtddle rclie,·ers, Brewers front office or t.•ntirc Tampa Bay Devil Rays team. The mont·y probkm in baseball goes fa:r beyond rht· pla~·ers and owners ... it is worse with the fans. f\.ow before you start thinking that I h:tve been spendtng roo much time breathing deeply m a NY l\.lcts clubhou~e or taking rclanon ship advice from Chuck Finley, let me explain. The problem with baseball is the money earned from m~:rchandisc, auto· graphs, stories, milestone baseballs and l)'\, \. It is stuff that ts sold on cBay, disnbuted by judges, or won in poker games.

Think about how much money is spent on eBay for an autographed photo of Cal Ripkcnjr. or ~fickey Mantle. Consider how many office pools end friendships as 1-,'U}'S fight over waiver wire po,ition. Ponder how many people only purchase rickets to a ~;.tmc to act as a scalper and sdl to the highest btdder. Don't bclie\'c me? Tr} these stories on for stze.

In September 200 I, Barry Bonds hit his record setting 73rd homaun of the season (that would be a "walk" to the second year student above) .•\s the ball left the park, a mob of fans stampeded to catch it. \X'hy?

Well, these people did not want it to put the trL'asu:re on their mantle or bequ(.'ath it to thetr children; they wanted to sell it.

Remember, a few years ago, .Ma:rk McGwire's record-setting 70th homerun ball sold for over $1.5 million. ,\s a result of dus million dollar Jump ball, two guys from Califorrua arc in court dus week to deter-

mine who will get legal possession of the ball ... correction ... get legal authonty to sell the ball for an outrageous sum. All this while the guy who hit the rrullion dollar shot L~ making a pittance in his struggle for a World Senes ring. \ year later, in ,\ugust 2002, Bonds became only the fourth player ever to hit 600 career homcruns. Even ~[ike 'l)·son (who admitted last week that "his clc\'ator doesn't always go to the top floor') coulu guess where this story is going. But wait, thts tunc the fight is not between two fans, but rather, between four co workers. Jay Arsenault hau promised three friends that tf he could have one of their uckcts for the Auhrust 9th game (and caught homer #600), he would split the proceeds four \vays.

Well, he caught the ball ... anu prompt!} declared himself as the sole owner (an act that got him on I ~SP'\1). Again, fans arc fighong O\'er a Sl millton baseball, while tlw rightful recipient of rhe fame {that bemg the minor league calibc.:r pitcher who served up the homer) gets sent back down to ,\,\ Palookaville.

And the worst of them all ts the Ted Williams saga. "Teddy Ballgamc" •., spinning in his cryogenic casket whit~: his children fight over whether he shoulu become fish food off the coast of Flonda 1 role I feel is better suited for Bug Scltg and Donald Fehr) or continue to rest 111 the only place on earth colder than Thunder 1\ay in l:'ebruacy. John •tenr) \X'llliams <lex::- nor \\>ant to freeze his dad with the hope of reviving him to teach kids how to hit .400 in 2046, or restore order to the world of maJOr league ball. No, he wants to put Daddy's ON \ on cBay and fmd our what the cloning rights are worth. John Hen[), the joke JS old but I ·will say tt arl}"\\-:1}'· \X'e all saw what your Daddy's ON \ did for vou and we don't want am of tt!

Amazing! An entire article and the only reference to a decent person is to the memory of Ted William~ (and the anonymous quote person ... she's decent). Who knew that the sports world was filled with as many idiots off the field as it is on it?

In the name of all that dm~ not suck, would -;omehody please rt·mo,·c that hideous portrait of P ierre T r udeau from the libnry? Whether you cotmdcr the late P.\f a brilliant visionary or a pompous megalomaniac, surel) you must agrn· that he dt·~cr\·es a better ccnotaph than the fluorescent eyesore that greets us c\'cry om.: \\ t' go to pay an o\'erdue fine. The man, aftt·r all, was the architL'Ct of the Clurter - if it \\-asn't for him. what would Profcs ors

Macklem, Schneiderman, Weinrib (v. 3.0). Choudhry, ct al do :til cb}? :-\ow, Sotro \'oce is no expert, but \\ e know a crappy pamung when we sc.:e one. ,\fa} we be so impudt•nt a~ to suggest that the next time tht• Learning .\nncx auctions off one nf its "student masterpieces," the library take a pass? \\ hile huddhng in the computer lab for our lJUotidian pornography check the other day, Sotto \'occ noticcu :1 link to Ed Morgan's test case centre. It seems that the good profc~~or, wuh a little help from hts buddy David Beatty, is spearheading a <.jUi~otic attempt to have the courts declare Canada's cnttr~: elect(lral system unconstitutional. The C(.'tltre's home pagl' breathlessly proclaims that our election \aws arc "among the me ·~t arbittaf)' and un1u~t \n tbc

free """r\d" NC"Ocr rninu

seemed hke tht· judges - non~ other than the SCC's Frank Iacobucci, Jack Major and Ian Binnie -were mort• inrercsteu in outdoing one another tn the "zinger'' department than in paying any attention to our inm·pid classmates' submissions. Truth be told, Sorto Voce found them all pretty funny. at ka~r for their age. (• 'ot as funny, mind you, a~ the audience's S}cophanuc guffawing would suggest.)

Binnre, who has a htstor} of INting hts mouth run at this typt• of public appearance - anybody recall his infamous "t:1ggoty drc~s-up parry" speech m 1998? - got the biggest yuks when he quipped that Major hadn't bothered to upgraue his U of T LLB to a JD because he d1dn'r \~1mt ro fork O\t.:r the 65 bucks. Thanks folks. and don't forget to rip your waitr('s~.

•

&member the btg hoo-ha last year surroundmg the chri~tening of the ovcrpriceu law school cafctena? For tho~c of you who wacn't around o r U!Un't notice, a referendum ~'aS held tO pick a nan1e for our version of the 1\.'l!ch Pit, and the winner, incxplicabl), '-1.'3~ "(;rounds of \ppcal." Line up for an espres~o. though, and )Ou'll be hard prcsc:;ed to find that nb ttckler of a moniker on any \lni.forms, na\1k\n'!> or CnK'K~.

(_\\.

3,..,.,,. a:\'\'>~1\.~, \n~\\l>~\C.U

rl1ar rb"· lin<r·paq-thc: post rno<ld Ius for centuries underpinned the rhree most stable democr.tcics on r.od's green earth (i.e. rhe UK, the U~ and Canada), or that the main :tltcrnatiYc, proportional representation, tends to produce coalition~ that embract· th~ lunatic fringe. Bc-.ides, n·cn if Ed and Dave have got~ point, we'll sooner see Jennifer Ncdelsky dining at f loot~:rs than any judge mustering the guts to rouch this issue ~1th a ten-foot pole.

ous as can b<; on om• inJoor 'Jt,'fl.) \\''hy ha:; tlle caf scorned the "ill of tllC people? Could ir be thar "Grounds of ,\ppcal" elicits more groan~ than the h.,use cheese croissant? ~ot that Sotto \'occ has got anything ugainst dreadful legal puns -just as long as they're actually funny. In fact, we're still bitter that ou:r ~uggcstion, ''The In Flagrante Deli." didn't make the final ballot. Proof, yet again, that de me •cracy is hugely overrated.

The MCR \\"'JS a-hoppin' the other week for the G rand Moot. It sure

C(Jt a tip? U"nle to u/tra.nrr~!Htoro11to.ra.

..

,

ALSO AVA I LABLE: The l.aw School Book: Succuding at l.aw School, Scwnd Edttion, by Allan Hutchinson

DIVERSIONS

22 OCTOBER 2002

eateus withus. ultra vires. the release party. tuesday spaha @ 8

ULTRA VIRES

DIVERSIONS

20

Ultra News: Not-So-Real News From Around the Law School Admin class celebrates minesweeper record

Renamed curriculum

- Ronal/ l1ry

To ac..lc..lrcss the low levels of morale rt•portcd m Ia t }car'5 student sunc:y, Faculty Council has takrn Its boldt'St-nnd onlystep ro d:1tc: the addmon of colourful adjccth cs to course mk·•. hr.;t )l'ars no longrr rake "1i>rt~:" 1hey rake ''Extr~me 'Jlm~." Sumlarly. they srud) "l•un-Lo\·ing Criminal" .tnd "Full Boc..l) Corti racts." Property Ia\\~ c..let·meJ colourful enough alrcad), \\'as not renamed.

"The old name were gheno, bur the ne\\ names arc phat," said A~•ocrarc Dean 1imy Duggan in his best \'ancoU\er accent.

"Props to us."

- Robin Ri.:>:

New dress code

Iacobucci trades chair for seat, dinner

rlw unin:rstty's governing body for re\iew hcfi>re implementation.

Ripstein, Brudner collide

- Sco/1 Kirkptllrick

;\ bizarre chain of events caused injuries to two law proft·ssors yestcrda) morning. ,\ccording to \ndrew (II), Professor Arthur R.ipstem was wtping a smudge from the mirror attached to his bicycle helmet while riding towards school, and, while distracted, failed to notice Professor \braham Drassinower exiting Falconer.

He swerved qwckly to avoid hitting the mass of Drass. \s he fkw over his handlebars, \\imesses heard Rtpstein say, "\X'hat would Denrung c..lo in such a siruaoon? \Xny, he would attempt to land in a bush, rather than hit the pavement. Oh, I am such a smart bo}1" R.ipstem then attempted to redirect his llight towarc..l the closest bush, but mistook

The li\e-yt·ar plan came closer ro realizarion after Dean Ron Daniels announced a dress code cfft·ctiH· January 2003 to signal a Photo mortifies second-year "return to our school's rich heritage."

"Gmrlemen" will sport wool slacks and Kimberly (JJ) complained· today that she na\·y jackets bt·aring the school's insignia, was aghast to find a photo of herself on the but a furor has ansen regarding c..lress for law school's recently revamped website. The "ladies." \Vhilc some professors are advo- prominently placed picture shows her cating unisex trousers for students, laughing boisterously in the Rowell Room.

"The last thing I need is to be used as Professor ~fichad Trebilcock is arguing for some son of shill in the administraoon's platc..l skirts anc..l knee socks. agitprop campaign," she told Ultra \'ires. ot all faculty welcomed the announcement. Professor Jim Phillips \vas overheard "Besides, I am not the kind of person who telling students that "the linle boy-king has normally enjoys herself at school" ·Ian Richkr gone too far."

The matter i5 not expected to be sent to

ZSA Legal Recruitment would like to congratulate

Sin a Muscati

(University of Ottawa - FacultyotLawJ

on receiving the

ZSA Award for Innovation LaW. This award is given annually to the second or third year LL.B. student at any of the six Ontario Law schools who submits the best paper on a topic within the field of innovation law and policy.

Sina's paper is titled "Embryonic Stem Cell Research and the Law."

This Award is administered by the Centre for Innovation Law and Policy based at the University of Toronto Faculty of Law. For further information visit the Centre's website www.innovationlaw.org

LEGAL RECRUt:rMEHT

Profrs~or ;\!an Rruc..lner's beard for a pine bu~h anc..l Ltnc..lec..l on the Hcgcl-lovcr.

c

CtW II tOt tifN0Y.A Atr.f'D I

H t•W

y

!\tan m J....ent, .n, wns delighted to trac..le hts window scat on flight 1450 to Ottawa for a beautifully carved maple chair inscribed with the words '~justice Iacobucci." The chatr was a thank·you gift from the law school for tht· JUUge 's work in ac..ljuc..licating rhe Cranc..l Moot on September 24.

The trade, however, was bittersweet. "In retrospect I should have refused tO throw in my spccially·ordered vegetarian meal. The regular meal was disgusting... I still get upset if I think about it too much." \\'hen reached for comment, Justice Iacobucci stared that people shoulc..l "stop bugging me about the stupid, lame-ass chair already."

Briefly Noted 1234 finally selected as computer lab door code "Panda Killer" pleads for new pscudon)m

Sruc..lents: e·community lacks commuruty, c