Ultra Vires Vol 5 Issue 1 2003 Sept

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

ultra vt:res VOLUME 5 ISSUE 1

SINCE 1.999

WWW.ULTRAVIRES.CA

SEPTEMBER 9, 2003

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Rally against tuition hikes imminent Election flash point: NDP calls for "free tuition" by raising taxes

BY BEN PERRIN

Rix in the mix at the Dean's BBQ

The Ontario provincial election has been called, and if some law students follow through \\.ith their plans, the battle for Queen's Park will involve them.

Prerruer Ernie Eves dropped the wnt last week for an October 2 election. So far, post-secondary education has not been a major campaign Issue, but student organizers think the tirrung is right for a demonstration opposing tuition hikes. Theirs is a message they hope will be heard by both Governing Council and the voting public.

I'he rally calling for a cap on tuition at the law school and mcreasing support for education is set for September 17 at noon in front of Flavelle f louse. Organized by Ben J\rkin (II), the event will be emceed by Josh Paterson (Ill), who has been heavily mvoh·ed in opposing tuition increases at G<l\'erning Council. ,\!though Governing Council only nar rowly approved the latest round of tuition

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mc.rcnscs llt the la\\ school, th real proh ) ro Arkm, i that studt•nt.s ha,·c not <kmonstr:lft•d through their num bers thar the issue is a live one.

..,_..~;lem,~according

"One of their main concerns is that the intellectual postrion was there, but where are the students?" asked Arkin. "This is an opportunity to show them where the students are."

"I'm a little worried about student apathy and that they \\.ill not have the desire to attend," said Arkin. "The}' believe that tuition is something they carmot affect or influence."

Apprehension about student involvement may be well founded. Chris Glover (I) says no one asked him whether he supports a tuition cap. Glover says he IS pleased that the law school has continued to lead Canada in mcreasmg tuition since the school will ultimately benefit from bemg a so-called "first mover.''

"Canadians are breaking away from the solidarity of mediocrity. By U of T being in the top tier, they are setting the agenda," said Glover. "The chief beneficiary of an education should pay for it, and we should pay the bulk of the costs."

Glover does not plan on attending the rally. "It's really undignified," he said. "\s students who have the ability to

PLEASE SEE "PUBUC" ON PAGE 2

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SLS President Robin Rix (III) serving the masses at the Dean's BBQ. Photo ro11rlt.ry of Stmrtn Duai.

Articling results "impressive"

BY BERN INA BUTT

Krakauer. Most of the students will be working at large, full·serVJce firms. About "So far, the [aroclingJ results for the class of 30 students will be at smaller firms that spe2004 are impressive," according to Acting cialize in labour, fa~y, intellectual properAssistant Dean of Career Servtces Lianne ty, or litigation.

Ivakauer. Based on the feedback she has On September 11, students will be able received from 150 of the 200 students in the to access a full report including provinceclass, Krakauer reported that 125 students wide statistics from the most recent articling will be arricling \\.ith Canadian law firms, ten recruitment period. This will be published \\.ill be at clinics or government agencies, by the Law Soctety of Upper Canada, and and fourteen will be clerking. \\.ill be posted on its website. '~\sin past years, the majority of students Though the Career Development Office [will] stay in Toronto, but several will be does not "track how many students actually heading to Ottawa, Vancouver, Calgary, apply for articles," Krakauer was able to Halifax and Hamilton for articles, and tak- confirm that "about 115 students had suming associate positions in the the U.S," added mer jobs with ftrms, and the vast maJority

are staying \\.ith their summer firms for articling."

There are, however, two students who have made the move from a full-service

PLEASE SEE "END" ON PAGE 2

UVINDEX • SlS AGENDA, P3 • COMMUNITY NOTICE BOARD, P9 • LAW STUDENTS WITHOUT BORDERS, P12-13 • MAX MORGAN, J.D., P22

NEWS

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ULTRA VIRES

End of "match" relatively painless Public support for tuition rally "ARTICLING'" CONllNUEO FROM PAGE 1

Director of ~tudent Program~ Patti "RAllY'" CONllNUED FROM PAGE 1 MacDonald oftered the same explanation, firm to a government position, and \iCl' saymg, ''\\ uh the exception of hiring one attl·nd law school, we ha,·c a responsibility versa. Catherinl' Oh (III) summereJ at external sn1denr, a student who summered to help those who may nor be as fortunate ( ;oodman anJ Carr LLP, but will be com - for one of our clitnt:;, Gowlings did not paras us. That is dignified," said Arkin in pitting her articles at the ,\IJ.mstry of the ticipate in the 2004/ 05 articling recruit... J\\1c ,\uorney General (:\L\G) , ( rown Law filled our complement of articling students , response. ,\ccorJing to Arkin, the rally has already ( )ffice- Civil. '~\!though my summer expe- with our current summer students." recei,·ed public support from numerous ncnce was grt.~ll. the more I learned about ,\ fcC.mhy Tetrault LLP also hire<.! one students, the .\fanda1c for Public Interest pri\'ate prac tin.•, the more I thought that I student externally. "(Hje is someone that we Law (:\IM'IL), the student representatives might find a b~:ttcr fir fi>r my goals anJ met in January 2002 (the first-year summer on Faculty Council, and Professors Jim intcrc~ts tn the pubhc sector. And since I process " ':ud Director of Professional Philhps, Martha Shaffer, and Denise hll\e always had a long-term interest in gov- Resource ...,heena ,\[acAskill.

Reaume. ernment, I figured that I might as well mm·e A "sm1ll number of students" were Organizers hope that at least two hunnow since I'd ht."ard that articling year was a interviewed by Gcx>dmans LLP, but the good time to get my foot in the door," said firm "ultimately did not hire any additional / drcd people will attend, including local can didatcs from the Liberal and New Oh. And though her "summer was much students," added Director of Student Democratic paroes of Ontario. Orgaruzers more stressful than it could have been," Oh Programs, Catherine Chang. emphasize the rally IS not intended to be IS "n.r\ happy" with her decision.

There were, however, large firms that confrontational, artd do not expect that the \fichacl Lee (III) went in the opposite hired an appreciable number of students Ontano PC Party will attend. ilirecnon. Though Lee summered at the externally. Stikeman r11iott LLP "hired art "It's not my concern if chis benefits the MAG, Crown Law Office - Cl\iJ, he will be additional 7 articling students," sa1d Liberal~ or NDP, It's my concern if it ben arucling at Davtes I .LP When asked why he Chantellc Courtney, Director of Students efits students," clarified Arktn. made the transition, he explained chat "after and Associate Programmes. She also satd The Ontario PC Party has released eighha\ing some experience with government, I that the elimination of the match system teen policy papers as part of "The Road wanted to sec what Bay Street is like. The "was positive, as the more traditional offer Ahead" platfo rm, including one entitled, thing is, there are just too marty unreliable and acceptance process used during the "Providing Advartced Education." rumours surrounding both public and pri- summer recruitment periods was \·cry effecThe Iones have pledged, among other \"3tc practice that it's impossible to make arty tive and caused significantlr less confusion things, to double the sb.e of student finartinformed career choices without trying both on the part of both the students artd the law out." cial assistance programs, open up Ontario firms." to international schools to grant degrees in As for the figures concerning students Director of Recruitment Sarah the province, and tie some of the funding yet to obtain articling positions, the "num- ~lacKenzic of Torys LLP expressed a difof universities to job ·placement statistics. bers look consistent with last year: it is ferent \iew based on the firm's hiring prac•vlbcre arc some who want to reverse cxpecteJ rhar about 10 percent of the class tices. "The elimination of the match <.lid not

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positions. Of this group, the maJority will obtain a position by the time of graduation; some will choose to defer their articles and pursue other things in the interim year," noted Krakauer.

Commenting on the remarks she has gotten from students, Krakauer said that "some students who did not have summer law firm jobs were anxious abo ut the lack o f opportunities at the large firms-most are conducting the bulk of their hiring for ~ummcr and leave few po sitions open for artichng students."

This wa~ the case at O sler, Il osktn & I larcourt I .J P. D1rcctor of Student Programs 1\Janc} Sutt said, "[Wje did no t participate 111 external recruitment a~ we had hired a number of excellent summer students, all of whom accepted our offer to return as articltng student~, and we d1d no t have additional articling positions to fill." O siers was "very pleased, however, to hire R U of T students for articling 2004· 2005!"

E,·en when rhe match was in place, we did not rank students but rather we guaranteed everyone that we were interested in a position." In fact, 'Iorys "preferred chat part of the svstem" chat allowed the firm to "communicate our 'rartking' intentions any time during the week."

Referring to the upcom10g summer recruitment, Krakauer opined, "So far, the numbers look conststenL It is m) sense that the economy does nor affect summer or arricling recruitment as much a~ it docs post-articling."

Ralph Glass, Chair of the Student Dnelopment Co mmittee at I a~ken .\fartineau indicated that "if anything, the [hiring] number will go up." Wuh art 80% hireback in the spring, Faskens 1s "in a hir ing mood."

The offer and acceptartce process also makes it "tmposstblc to pinpoint exactly the number of students that we will ultimatclr hire," stated .\1ichelle Gage, Director o f Student Programs at Ogilvy Renault.

these reforms, we believe that the only ,.,.·ay to move is forward," states the Tory policy document. 'J'hc reversal of these reforms is part of the Ontario Liberal and ~DP election platforms.

"We pledge to reduce tuition fees by I 0% 1mmeJiatcly, we \\-ill re-regulate pro· fessional fees anJ m ove toward bringing Ontario up to the national a\·crage for funding," said Sheila White, Director of Commumcarions for the Ontario :--:DP "Ultimately, to have uni\·ersities where there are no tuioon fees 1s our goal. Howard I Iampton [Ontano '\.DP leader] thinks that is the key to a strong economy," said White.

According to \\'hire, the 1\JDP would fund "free" post-secondary education by making "adjustments to the tax system" such that persons with income of $100,000 or more would pay higher taxes and corporate taxes would be Increased to 1995-98 levels.

The current party standing in the legts lature of 103 scats has the Tories wtth 56, Liberals with 36, New Democrats with 9, one independent seat, and one vacant seat.

For more information on pol.tcies of the main pro>incial parties in the election, visit: Ontario PC Parry: 11/U.'Il!Onlariopc.on.ca Ontario !:\IDP: uuu:p11/J/irpou:er.ca Ontario Liberals: ll'WU:onlarioliberal. on.ca

NEWS

9 SEPTEMBER2003

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Visibility and financial aid foremost on SLS agenda Executive of restructured student government to promote consultation

BY BERNINA BUTT

work more clo~ely with the administration on facultr·student events. Finally, we're developmg links \\ith the Graduate Law Sn1Jcnr Association to try tO boost cooperarion between the groups."

All of these imtiati,·cs will contnhute to the sense of communtty at the law school.

"Ulttmately, building a commumty between faculty and students pre~uppo.t.'S mutual respect flo\\ing from both sides. and \\t:'re pretty posici\'e chat, under the [acting) dean, we'll make progress here," added Rtx and llaig.

T his is the inau!,>ural year of tlw StuJents' Law Societ} ~l.S 111 its new form. "Tht• SLS is a combmauon of two bodies that were forme rly distinct," o ffe red Sl~~ President Robin Rix (I II) anJ VicePresident LinJsey Haig (II} by way of clarification.

The rwo brartches of the SUi perform different functions. "'l he Student ,\ffairs branch (the 'oJd SJ~• orgaruzcs SOCia) and charitable e\·ents, admmisters funJs, ;tnd O\ ersees all student actidrics. The Studen t Caucus branch (the old 'Faculty Council stu <.lent caucus') handles all policy issues that arise \dthin th e faculty and the university as a whole," explained Rix and H aig. On average, the latter m eets every other week, while the former meets every week.

Rix and H atg encourage stuJents " to participate in student li fe br atteniling events, voicing their opinions on policy issues, and joining clubs o r societies." First-year students can get involved in SI-~; there arc three scats on Student .Affairs artd four on S tude nt Caucus· available to them. " Elections fo r these positions ,.,.iJ[ be hc:IJ in th e com ing two weeks," no ted Rix and llaig.

Thts ·ear, Rix and I Iaig will work with other Sl .S executives " to continue mo nito ring th e l ffectiveness of the faculty's p olicies on a<:CL'ssihihty and finandal aid." lkft·n mg

Acttng Dean Langille "has been extremely responsive so far. He's enthusiastic and personable, and he's been very visible arounJ the school. We have spoken about Students can look forward to increased interaction between the student body, faculty, and administration. Photo ro11rlesy o/ Ji111rm Dum. plans for the year, and the SLS Student Caucus is in the process of drafung a letter to "the pro,·ost's study on the impact of held later this month" will also be posted. to him outlirung our priorities for the year."

In adilirion, the SLS Intends to make tuition increases on accessibiltiy and career One possible issue on the list will he the choice" from last year, Rix and Haig empha- itself "a body that adrrunistrators and faculhousing situation faced by law ~tudents. sized th at the SLS "startds bv its report" that ry consult when they make decisions affect"Improving housing for law students is part the stu<.!) was "methodologically flawed." ing students." Online regisrration grew out of a bigger struggle within this university to ThL Sl -'> will also focus its energy on of this priority. improve housing for aU students, particularmakmg Itself "more \'lsibk and rcle\'llnt to Further to bringing together administraly for students \l.-lth partners and/or ch\\students." Recently, the Sl-'> "launcheJ a tion, faculty, and student representatives, the drcn ," e\ahor:ued Rix and H aig. \\c. enc.ourwebsite that serves both as a reminde r of SU\ hopes to get students more im. o\ved in ag<.-s students to contact the ~ \ ~ at upcoming e'\ ents and as a repository of ~choo\ e·~oems. Speaking a bou t soaa\ auivi- s\s.h,'\{(1, 1toro m o.ca. 1\hout ten \ncom iny., information abo ut being a hw stu<k"nt.'' til's, R11t a nd \ \aig mcnti.om:d that the ~\~ lS students we re in touch w\\h '-'u:c. \'n:stdc.n t Planli fo r the site include a photo alhum and wo rking " to U\\ o.:rsify \Its\ offenngs ~moV\e \ .\t\U!o<.} \-laty., w 'nb h ou !omy., 1.\U OU <>ta an a,h•ocacv handbook. lnfo nnano n abo ut mrhts 2rc o ne c:xamt-\c). ' o cncourarc c:.\uh$ '{ < \\ C2t'\ 'ACCCC9o'!o the ~\ S w.:\, \\ 'A\ the .. ftrst ~' L~ Students"' ..rown \-la.\\ 'o be nn~ w.OC\ ~lcs \ u run t\u..~-c cTWt'\ '--vc.uta.. a.nd t o st.s.o uroronro.r •

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NEWS

ULTRA VIRES

BYBERN INA BUTT

Sawy new staff members bring expertise

BY BERNINA BUTT

The new library dream team: (left to right) Sooin Kim, John Papadopoulos, Esme Saulig. Photo courle[Y o/ Jimren Desai.

Sen1ces Assistant that will allow the library to provide enhanced support to faculty and students in areas such as stack maintenance (missing books), mterlibrary loans and circulation desk transactions," noted Tjaden.

Other addioons to the librar} include "new chairs in the computer lab," "upgraded computers in the Law Conunons area," and "upgraded content m the legal research and wriring tutorial on t.ltgal." Tjaden advis es students to ask a reference librarian for th eir new \XIesthwtCarl\well passwords, as

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New CDO member offers unique perspective Bora Laskin

Library "faces" promising year Aftt•r 11 trying episode of staff shortages prior to the summer break, the Bora l..;tskin l..uw l.ihrarr is "potsed to ha,·e 11 really good }t•ar," accordmg 10 Coordinator of Information Services 'Ji:d Tjaden "\'\'e art• full} staffed with some m~· people and I am reall} excited ahout the upcoming year," enthused 11aden. Chief Law Librarian Ann Rae echoed his sentiments, exprc~sing joy about "the great new staff we have tn the library and our plans for the )"L'ar." ~rudents \\'UI :;t·e thrt:e ne\\ ('ICes in the hhrary as the} nangate the stacks. Sootn Ted Tjaden joins the student body as Kim assumed her postdon as the Centre of part of LLM program. [ T( ' File Photo Inno\'ation, Lnw and Policy Librarian and .1\dmimstrator in April. Kim has expertise in !\faster's of Information Sc.n1ccs from the researching e-commerce, telecommunica- U of 'I: Papadopoulos has worked as a uons, intellectual proper!}: biotechnology, librarian at Smith Lyons, Snkeman Elliott and computer law. Prior to joining Bora LLP, and hsken Martineau. Papadopoulos Laskin, she worked for three years at Fasken will update web guides, lead legal research .\fartineau, "where she provided customized and writing seminar.;, and dispense refer legalreferenceand research services, orienta- ence assistance. He will also oversee the hirtion and legal research tra1Il1IIg, extensive ing of student employees.

In ]ul}~ Esme Saulig started as the Access web-based resources and specialized legislation databases," explained Tjaden. Kim Services Coordinator. She honed her skills obtained her :\laster's of Information for three years at Goodman and Carr LLP, where she dealt, among other things, with Studies from the University of Toronto.

Roughly a month after Kim's arrival, John interlibrary loans and helped with research.

Having filled these three positions, the Papadopoulos came to the library as the lnformation ~erv1ces Li.branan. A 1993 "Law Library also hopes to soon post a new, gralluate o£ l. o( 1.' 1-aw, he a\l;o got his continuing Tlarl-timc po,;ition for an Ac.ce,;s

NEWS

9 SEPTEMBER 2003

"the old indtV\dual Westlaw and eCarswell passwords will be deactivated."

Plans for the year include a "'tech help desk' servtce ... for students to drop in with their questions or problems with configuring their laptops for wireless access," and '"brown bag' lunch seminars on legal research and writing every other Wednesday," added Tjaden.

Besides teaching the course Legal

Danielle Chandler, Associate Director of Career Services, bnngs to bat her expenence providing "strategJc human resources consulting a<h'lce." By "advising studenrs on career strategies, reviewing resumes and cover letters, and interview-coaching," the new member of the Career Development ( )ffict· (CDO) will help ~tudents score their demed positions.

Chandler 1s on secondment from the t\lmistry of the Attorney General (.\lAG) unul the end of Janu"ary 2004 while ,\ssistant Dt-an of Career Service:-. Bonnie Goldberg is on maternity leave. The Strategic Legal Recruiter at the ,\lAG informed Chandler of the opening.

Afler her secondment, Chandler will return to the \lAG, where she works ''as an Organizational Development Consultant" who advises "senior Crown 1\ttorneys 111 the Criminal Law Division." Explained Chandler, "Some of the projects I have recently been mvolved in include the design and delivery of management and leadership training for Crowns, comprehensive e\"aluarion of their arricling program, training ~enior Crowns so that they can effectively teach other Assistant Crowns, and helping to improve the Crown attorney mentonng program."

Prior to joining the l\1 \G, Chandler was a private-sector management consultant who "provided strategic HR advice to large

were being met by the current legal aid system."

Chandler decided to come to the CDO because she has "had a variety of work experiences where [she applied her] law degree in a non traditional way. The position at the CDO was just another great opportunity to add to (those[ expenences."

She also lm·es "being in an ed~cational cnvi· ronment ... This position prm·ides the perfect opportunll}' to blend my legal background with my specialization in stratt-gic Human Resource consulting, as well as Ill)' love for k-arning and teaching."

Chaniller bclie,·es she can offer "a unique perspective and experience for U of T students. I am passionate about helping students fmd the right career direction and CO · developing strategies \dth them to help them get to where they want to go."

Besides "partlcipating in outreach to legal employers, and designing and delivering \'arious (DO programs on recrUitment," Danielle Chandler now part of the Chandler Intends to lead "a couple of Up COO staff. Photo courle[Y o/ Jimnn Dum: Close and Professional workshops in the fall." She ts also going to review the Alumnicorporations." Other highlights of her Student \Ientor Program and "various career include articling "in the areas of in tel matenals in the COO, including the lectual property, federal administrative law, Articling Handbook." and litigation," and contributing "to the Also joining the CDO 1s Ivana Kadic, a review of the Ontario Legal Aid Plan, part orne graduate srudent career advisor. which culminated in the :'\1cCamus Report Dunng Goldberg's absence, Acung (1997)." Chandler "co-authored a paper J\sststant Dean of Career Services Lianne examming the extent to which the legal Krakauer ~-1.11 continue to be re· .pon,.,i.h\e £or needs of low-income individuals in Ontario career c.levc\opment programs.

fully stacked "liBRARr CONTINUED FROM PAGE4 Research and Writing for lnrernational La\~ Students, TJaden will be startmg parttime in the l.l~~l. program. ,\ !arilyn Raisch, the lnternation:tl Foreign Law Librarian, will be teaching Legal Research in International and ComparatiYe Law· Sources and SrrategiL'S in the new year. In Sep ember. Ratsch will be attending a conferc'1ct at the Uni\ersiry of Capetown, Sou h Africa, and "will be training law hbr:..nans frnrn univer!'ine~ throughout South Africa and Zimbabwe in international legal research, including the documentation of rhe European Union and the United '\auons and German legal research."

Tjaden regrets that "students ofren don't know a lot of details about us," and looks forward to meeting members of the incoming class.

PLEASE SEE "BORA" ON PAGE 5

Just the facts.

Average age of all lawyers in the Toronto office: 39 Average age of partners in the Toronto office: 46 Year the youngest lawyer in the Toronto office was born: 1978 Years Eddie Goodman had been practicing by 1978: 31 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: 170 To get all the details on our Student Programs visit us at goodmans~ca For additional information or to submit an application please contact Cathenne Chang, Director of Student Programs, at 416.597.4190 or cchang@goodmans.ca.

GoonMANs GOODMANS LLP 1 BARRISTERS & SOLICITORS I TORONTO I VANCOUVER I HONG KONG

•• www.goodmans.ca

NEWS

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ULTRA VIRES

How to cope with looming interview season Dl-ar I ff:I..M ~1: \'\ hat ha\'C I signed myself up for?

• j\'tubit

rnte your intnl~t. and explain '\\ hy you her best friL'lld. Score:! The firm might realhclte,·e }ou lit in 1ht·n·. ,\lake it clear. i7e it'5 acting against your ex employer.

3. Don'r tdl every firm u's the one. The Doh! Think of it as glorified Snakes and rt'cruirns h:tn· a bush tclt•graph gomg. and L:tddl•rs. Remember, thcrl' arc tons of other Feeling down? Health Enables l)l'ar "l~ hll:, anyone who is caught swearing lifelong bwyer Jobs out there th:lt arc just as intt·rLegal Minds at the University of La\\ school tsn't a cakewalk, but it IS a alk-gtanct· to tl'!l firms at once \\ill end up csting as a desk at a monster ftrm . .\laybc UllllJUl' c:xpcricncc. The gooJ part i~ that Toronto (HELMUT) offers advice wuhout ;UJ offer to sho\\' for it, no matter even more interesting. you'll meet a heck of a 101 of intcrcsung how good his or her marks arc. (I 1's hap· pcopk· and learn more than you c\·cr pencd.)

Dear Ill ~L\1( '"!; thought you could in a year. You'll ha\·c Dear IIELMUT, 4. Spt:aking of marks, do not \·oluntcer l )o I really have: to do this for another year? accc s to an almost bewildering number of So how do I get the job? information about the lowest ones on your - Almost-Graduatrd opportunities. You'll ha,·e fancy books for - Dt.rirublt f lirtablr transcript. If you'\'e got an inten-iew, your bookshelf. You'll have a brand new they've aln.-ady looked at your marks and Dear \lmost·Graduared, VI>Oihulal); including some key Laan phras- Dear Desirable, decided to try you out anywa}: AU they real- Yup. Spend it in the Rowell Room if you es. ,\nd you may even meet the lo\·e of your ,\h, inter\'iew season. Dark suits, free toys, ly want to know is if you'll be good- can. life. (It ha) happened.) pricey dinners, all those futile attempts to humoured when you're stuck at rhe office The flip side is that law school has a figure out what it is law firms actually do, doing due diligence at three in the morning. lj you're fttlill,.e, down or sttk.ing info about -u-bm to strange \\'3}' of takffig over your entire exis- and how to use rAttorney. Stnce we are Project good cheer. grt adtiet of tbt more proftssional kind, t·lllail tence and altering parts of your personality socialized to care so much about these 5. Commumcate. E-thank all your inter- drar_htltnut@hotmaiLcom. HELMUT (Health that you might not wane changed. Almost employer borgs, here are HEL\.fUT's top "iewers after OCJs and the second round. Enables Ltgal Minds at C' of T) is here to protide everyone will rut a crisis at som e point dur- fi\'e tips for gctang into a law fum: Throw in some follow· up questions; keep a you with mourm about health and well-being if mg his or her law school career. There arc a 1. Research. Find out what's hot at what dialogue gomg. If you stay m touch, by the you turd thm1. Your pn·vacy will be respected. lot of stresses to cope wtth--debt, compe- firm by poring over '\ationa/ Posts Legal ttme fi\'e p.m. rolls tition, overwork, and running up against Post archtves In Westlaw and the Lexpcrt around on offer day, your own linuts. (I~\·eryone here is smart directory. Email strangers who are articling you'll know if that LENCL:N ER SLAG HT R OYC E enough to get straight J\s, but only a few at the firm, ask the la\vyers you meet about phone is going to wilL) SM IT H G RI H I N thetr practices, pester your upper-year pals, nng.

Your most important sun·ival tool is per- talk to your ex-girlfriend's cousin who works Good luck. \nd spccthe. 'lbere arc over 180 people in your there. Get the inside scoop any way you can. if you don't WIO this Learn about student opportunities and becoming an yt.-ar, and whether or not they show ir, they 2. Don't play hard to get. Sure, if you round, don't let it get advocate by vistting www.lsrsg.com or contact Perry Hancock, will all be going through the same stuff. have waJ.). to·wall intcn;cws, tt will make you you down. This Student Co-ordtnator (416.865.3092 or phancock@lsrsg.com).

When things get tough, remember it's not look good to tell them so, but firms are game has a huge just you. And remember that you are living looking for people who will take their offers, random element. the drt.-am of a lot of people "Who won't ever not people who might reject them. Figure You might remind 130 Adelaide Street West, Su1te 2600. Toronto, Ontano MSH 3P5 Phone 416.865.9500 Facsimile 416865.9010 www.lsrsg.com get to go t<l law school. out "Which firm is your favounte, communi- the interviewer of

DAVIES

DEAR HELMUT

WARD PHILLIPS & VINEBERG LLP Toronto • Montreal • New York • Beijing • Paris

MAKE THE MOST OF YOUR FUTURE

You're looking for an opportunity.

We're looking for a future partner.

At Fraser Milner Casgrain

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FRASER MILNER CASGRAIN LLP MONTREAL • OTTAWA • TORONTO • EDMONTON • CALGARY • VANCOUVER • NEW YORK

ULTRA VIRES

PERSPECTIVES

8

Valedictorian delivers law school lessons up, and we sat together on the floor transfixed by the images bemg proJected onto the screen. The next day we were back in class, still shocked and disoriented. We aU knew that the world had changed, and we needed to figure out how.

As world events unfolded over the next year and a half, while we were being tested on the law, the law itself was being tested. \X'h1le we learned about criminal la\v, civil hberties were being re<.lcfmed; as we read about immigration, policies were being redrafted and borders redrawn; we studied intcrnati01ul law even wh1lc the legitimacy

~h·

would you know if you rcallr belonged at law school?

Lesson That collective cacophony of confusion was the flr;t moment we shared as a class.

Expect the Despite all of our knowledge and experiunexpected ence, by the end of the day, the only thing we really knew was to expect the unexpected. ,\ctually, we did know one other thing: Tucsuay, September 5th of the year 2000 that we were all about to spend more money W\\S '"'warm, runny <hy. The a1r was surpnson a \ega\ euueation th= =yone cl~e in the inJ;ly fre.sh-n rarity for 'JC>ronto--aml ;! lJi.,tory of tJus COUillr}: (J'/1:11\ rig/11. H;u up, hg /11 umJ brought w1tl1 1t the lllllt of new you paid for it.) tl1ings to come. It was rile fuse day of Jaw school at the lJ of T As the first-year class began arri,·ing at school-picking up their schedules, munching on Danishes, and chat· Lesson2 ting casually while swatting at bees-two things became increasingly clear: first, that Face up to moments the group :ls~embling on the lawn behind of truth the library included the brightest, most tal· cnted, and most accomplished young stuIn the early morning of Friday, February dents to t!'\Cr gather under one tent; and 16th, 2001, our class was ucified for a secsecond, that none of them had any idea ond time, when new~ began to leak out what lay ahead. about the grades scandal. Some heard about Like a group of UX weapons tnspectors, it from friends, others were informed by we huddled together, highly sk1llcd but strange, cryptic e-mails sent out by the completely unsure what it was we were sup· administration, w hile others still only posnl to do or how we were supposed to do learned about it from reading newspaper it. lA<; AT whizzes and scholarship reapients; headlines and by spottmg themselves st ra1ght-A ~tudcnts and entrepreneurs; depicted as httle Richard ~ixons in their nauvc 'l'ornntonians and travellers from favourite edltonal cartoons. It was as afar-we all shared the same unanswerable though we had all become participants in yuestions: What, exactly were summaries our own rt.-ahty T\' ~how, thrust into the and where could you find them? \\bich spotlight, surrounded b}· cameras, our every buildmg \\'25 Havelle and which was the word anaJr.,cd, and t.-ach filled with the other one? \'\'ere you really supposed to take gro\\.ing rt.-alization that someone was about notes on the first day? If so, should you to be voted off the island. bring a laptop to the fust class, or should At first, no one knew how to react. \'Vho you case into it m·cr time, like a person get· was responsible: the students, the adminisring mto a hot tub? What in the world was a tration, the atmo~phere created by the Bay tort (gi,·cn my own personal relationship Street law firms? Were those accused of with a certain tort scholar, I found this issue having "cheated" guilty of being immature, to be pacricularly vexing)? And, finally, how

1

FASKEN MARTINEAU

Klt~r.

greedy, or of merely succumbing to the same pressures that all of us could feel?

Should they be supported or castigated, punished or comforted? Should we be worried about their futures, or about our own?

Well, as the dust and the court cases began to settle, our class came to terms w1th the grade scandal. ,\1any spoke out in support of their fncnds and pledged to wei ~:ome lhem wllh open arm~ if and when rhc:r came "••ck to rhe l J of T Others devoted themsch·cs 10 rheir work wirh a renewed understanding of their roles as law studcnts and legal professionals. Some emerged with a sense of cynicism, that even at law school, if you don't cover your butt, no one else is gonna do it for you. As a class, we all learned something from the loss of our classmates: ,,.-e learned how to own up to your mistakes, how to forgive others for their~, and how we must each k-arn to face moments of truth. It was also a great lesson about adrrunisrrarive law, but let's not get into that.

Lesson 3 Never take justice for granted By the time classes began on the morn• ing of T uesda}, September 11th, 2001, most people already knew about the terrorist attacks m '\.ew York and Washington. Yet we still showed up to class on time, and most remained there until the school was fmally evacuated for fear of further attacks.

Even then, rather than return home, many of us gathered-almost msunctively-at Bora's Head, where a televisiOn had been set

you will always be members of the 2003 graduating class, and you will always be anything but ordinary. and authority of i1s instiiUtions were being challenged; and while wt· practised conflict resolution, wars were being waged in ,\fghanistan and then in Iraq. As legal scholars in '' post-9/11 world, we not only learned about justice, we also learned ne·vcr to tak~ juSIICl' for gnmt<.'<.l.

Tod.t),June 9th, 2003, is. perhaps, the last tirnt• that we wrll ht• unrtnl ;ts a class (except, of course, for the party to night at Gypsy Co·op, and I hope to sec you all there).

Looking back over the last 1hrec years, surely we each have our own memories that we will take with us on our next adventures.

Bur, if nothing else, I hope that you remember chose moments that we shared, and those lessons that we learned, as a class, and remember to always expect the unexpected; to face up to moments of truth; and never to take justice for granted. Whether you wind up practicing law or teaching i1, whether you make 1he law more accessible to the Ia;gest corporations in the world or to people in the margins of society, whether you spend your nme paying off your l;tl.t· dent debt or fighting to do away with the need for student debt, whether you wind up representing your community, your environ· ment, or- heaven forbid-yourself, or whether you focus not on the law, but on your families, your friends, or your countless other talems and ambttions, you will always be members of the 2003 graduating class, and you will always be anything but ordi nary. For all you've accomplished so far: Congratulations; and for giving me the chance to be the one to say it: Thank you. l\iooh Kfor groduoltdfrom tht l ~mi!J of L.o~· in 2003 and is dtrking at ihe Ontario Suptrior

Co11rl of Justice.

( )ur

1()() l Uo(r Summ1•r Studt'llt~· Aln1,1 (),1\1~'

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F.acen Martlne.u DuMoulin U-' Barrosters •nd Sohcrtors

jnJnnJ Frdm.ut

D.t"J lt·rr" 1);1\·iJ Courl,l\' Rcerld Cn\·,1!

l-or mformation colllact: Kelly Calion-Mclean, Manager, Profession.tl Devdopmcnt 416 868 HOl or kcallon-mclean(il'cor.ta~ken .t"o m

P"ent •nd Tr.de-nwic Agents

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Montrtol

PERSPECTIVES

Signs from the Vietnamese tube

BY NOAH KLAR fellow classmate~; Dean "Ron D " D;nicls; rcspcc1cd, talemed, and highly pa1d Faculty; dlhgt·nt, hard" or king, and colour· ful ~taff; supportive, patient, and proud l•amih' Mcrnht•r ; (";ood Friends; f lonourcd Gucs;s... and any Summer Rc~carch Assistants \\ho arc only here lookmg for free food... it is my lllmost honour 10 address }OU this af1ernoon.

Trying to find an appropriate thcmt· to 1alk about today \\'liS likt• trying to find a ''capon of mass destruction in Irati: I wasn't sure if it didn't t•xht, or if the fact that I couldn't find i1 \\'liS proof 1hat It did exist.

The rca~on that it's bt·cn so hard ro know wha1 10 say is actually qwte simple: our lhrec \cars of hm school have been anr· 1hmg i>UI ordinary. 'l'hree of the extraordi· nary moments we shared as a class stick out in my mind, so I 1hought I'd talk llhout them. llopcfull), you idcnti(\' with them, 100. Here goes ..• Noah Klar ('03) was valedictorian for the class of 2003. Pholo tollrlt[)'f!}. S011h \\'hat we lt.-arncd at law schooL

9 SEPTEMBER 2003

RJkh1 l'.tm:hnll l.turJ \\·t·\1 New York

london

BY SHAUN LAUBMAN ~o ~ooncr had I turned off my lap1op fol·

lmnng my fin;tl exam, was I racmg homt· to p;~ck 111)' ba!,>s for the early morning \\~Ike-up call that was ro come 1he next da). I \\liS on my \\~1}' 10 Vietnam, L~ger to n·dtargt• my b.lltt·ries fi>llowing a long} ~.~ar of school and hl'forc rclllrmng to ~orth ,\rncnca fi•r the ~'lunrncr

job.

For one month. I lived in Saigon. The pace of m} hfe slowed to a near standslill, as Jays passed with me doing httlc more than pia) ing ,dth children, situng out on the strect exchanging nods and smiles \\.1th neighbours, and nappmg to rc:;tore energy sapped by tht• extn·mt· heat. \\'hilc at time~ I found myself anxious for something more demanding, on the whole. l couldn'1 help hut wonder \\hcthcr life could possibly gel much hctlcr.

One moment in particular stands oul. ·n>w;uds the end of my stay, I visitcd thl· beach rL·sort of \'ung Tao, ahoul one .md a half hours our of Saigon. It was whik• flo,lt· ing in the '-iouth China Sea, looking at noth· ing but empt} honzon, mterruptcd onl} hy lonely islands, that I began yucstionmg whether lifL· as a lawyer was rt.-ally what I \\,tnlt·d. After all, life would be so much more enjoyable if I could $pend it travelling the globe, doing little more rhan floaling in warm water; and digL-sting delicious fruit shakes aU day. ~ly mindset at the time can rc:.tlly only be under~t1x>d if l cxplrun that I wa~ in tht• process of rc:u.lin~ John (;nsham's ' 1'\w ~~~::._;;.,.:;;~~.•1 tAitH nt. r J'"ruc tO Jus Cookie Currer f f. rnHJ Ia this hook 1dls thl' 1alc of ,, <hsgrwu!cd la~}Cr whose life gains new nr<.:uung \\ h<'ll

lw 1ravcls deep into the Amazon

lll st.•ardt of he1rcss. Inspiring stuff.

As vou m:1y be wondt·ring by no"': there Is .1 poin.t to 1his talc, and rhat Is to tell ) ou \\ h} 1 came back. C~uite often, the fnnuly I WliS stapng with \mulJ take to \\atdting tcle\ i

.Ill

SJon nn>und dinncrUmL-:.. ~(J\\; \'Jctnarncsc: 1t:le' 1sion is hnutc:d to only a feu· channels, and programming IS gt'llerally a mixture of nation:thsuc propaganda and foreign dramas dulrhcd owr 111 Vitmamt'Sc. 'l'h1• dr.1mas \H·rt• nlmost cxclusivdy Italian soap opt·ras and I long Kong ac1ion sho\\S, neillll'r of wluch \\ert• intcrcsling enough to prt:cmpt lht• Karaoke D\'Ds that generally domina led lhl· family teb;siOn. f lowe\ cr, on one parucular evening aftl'r In} rctum from \'ung 'Ji10, I sal in front of tht• telC\ 1 ton with the elderly \ ictname c father of my host fiunily. \X'e watched tht• end of a ri' cting soap opc:ra, from \duch I disco,-ered that soap plots arc not so compliaucd that one needs to understand the diaIogue to follow what's happt.·mng. Then what should cornt· on to my disbelieving eyes, lm1 that t·pic CTV sene~ dcp1c1ing our fuiUre lin·s, The Associates? Yes, it may h:t\e llCcn a ratings disaster domestically, but app;m·nt1). someOill' judged 11 worth}· of ~yndication halfw .1y around 1he globL· \'Vho makes these dcostons?

It thdn'l matter that I cou1dn'l understand a \\<lrU of thl· <.l1alo\,>ut:. \X'atching the helicopter ~hots of tht ( '\. '1 ower, the close· ups of Old City f !all, and the hmired facial expre~sions of the well-suited cast "'as a true oul of body experience. After picktng up my jaw from the floor, l \\",mted to share my excitement and began gesuculating wiklly and l<houting, "Look! Look!" ;\\y efforts, however, failed to elicit a rt.-action fmm the

9

Coffee talk with Acting Dean Brian Langille

BY JUDA STRAWCZVNSIO 1t's 10 am., and \\'lth the ellccts of tht· "'ake up c. pres o \\t.'arU\~ oft, t\c.nng DcJn Bnan J..mgille takt.s Ius fm1 s1ps of hL~ rnornmg , wrbu~:ks. I Ie mst ts that he only has n couple of cups .1 da}. but h1 cncrgv has an undemabk caffcmc hkc <.JUibt\.

Langille bt>unce.; back to\\'llrds h s offK.c, SJ\1ng "In" w e\-erybod> he p ses, ddrc mg them h\ name \X c It down m the dean'~ sp.1uou office, and m hct\\ccn '>Ips of lane, J..angdk aU0\'1'5 hts nse tn the r..mks to percolate Acting Dean Latl!,rille till learning the through. lie tells Ius ston from the Hf\ ropes. PI I 111"/try of funrrn ht:ginmng: from rhe days of grO\\ mg up tn No\ a Scotu and graduating tn Ia\\ from Dcspuc .1 heft\ \\orkload. uluch mduJc D.1lhousa:, to lllJO}'Ul£ graduate \\<Jrk at Jtbrun·~lllltl\C work as well as tcadung first Oxford, and most rcccntl). to markint• his ) c.tr contract bu, 1 angillc finds the 1ob to t\H'ntlcth anmvcrsal'} of tl::tchmg at 1hc be grc;Jt fun. "I'm snll lcarmng about the L nl\ crslt} of Ioronto I·acult\ of Law. It 1s chool'~ msmuuonal complrory,' the acting clear d1at the acung dean JS a man wHh no dean says, notmg that the \'lew from the top regrets-one \\lhO has sa\oured c\ef\ has g~ven lum 2 better undcrsrandmg of the moment m academu. ~erydav operauons nf the bw chool Just as tt.-achmg wa:; an unplanned career '\ftcr lu year .lS acnn~ Jean, Langille: path. hecomtng acting dean \\.as also orne hope~ to take a sahhauca\. He Wlll be o££ to thmg that Langtlk savs JUSt fc\1 mto place. Gent!' -a, to "'01:k v;tth the \ntemauona\ I laving worked as the \aw school's \kan of \ .ah<Jur Orp,anl.:l.auon, conunue 1:~an:h m Gmduatc Stuilies, and \>ecomc metc:tS\1\g\~ hLo; ar"a of mtcrno~.tiona\ \aboux, 211.\ p~ active on hoard!'. of hoth the h.w schoo\ and uc:.c \ rcnch \\ut that'tt a \ot\!.1, '9n'f <>U. m ~e the um~crsu~, the move to acung ~\can wa\\ mmd o{ the act1nf. dc:ano 'be ~ ~ m t.alr.e this yeu one C\1\) .n c:otUe on a - . . )U»t a \og~.cal next !Ut.-y>.

n

~~~~who=~td~l~ ~w~~~~nh~ ~~~~~~~~~~~~~~~~~~~~~~~~~~-~~~--~~-~~~

p1ucsrd '\Vtth d 1c c-.n£ling oF hi1: fal-"'t"Junrc-- flnap.

Bur Jt lhdu·r

•ndrrcr.

It

\\ i JS

a :;~gu. lr "·'~ u.

~lgll' 1h.11 perhaps wl.'aring a three prcn· sutr .md \~orking on Bay or \\\1ll Street wa~ ~n} dt·sttm·. 11 was a si1,m that maybe practtcmg the Ia\~ n-ally could he :1s exntmg as !icdmg .tcl\cnture around lht· world. J\fter all, 75 null ion , 1cwers in \'1c1nam couldn't he \Hong, could the}?

11 ln. A crowd of law~ers 111 no rush to pass 1he bar II' hat: Ua} Strcet'o; \IDSBl· ~ 1 2003 fhe ' toronto Leg~ (.omnnuutv's ~nnual Rock & Roll Bash m supp,>rt of the ( anadl:lll 1·oundauon for ~I 0:-. Re~t.~rc.h If 'herr. Capitol bent !beater, 2492 y •ngt ~trcet, loronto IF/hen: Fricby. ~eptemher 19, 2001 at 8:00 J>\1 Speoal qtudcnr ucket pnce: $10 I nr more mformaoon, please <.ontact Patnce fhom;IS \('atncc.thomas(a uroronto.u) nr 1\n d rca Jc ftCf) (.mdrt.-ajeffcf) a\uoronto.cJ

u bu. joJ/nJal oj ll- bat. Info

I .on .:- r;q ulitr

~lecnng

rt'. JoJ.B Z·IS 11.4<: ( me at ctther tune) U hur Thursday, Sc.:ptcmbtr II at 1 . : -· c~ an assoctate eduor or a cop) )ntercStl•d In IOllllng the Jollrn tf { ~.dlt c;' f ']:~b~clp \\1th the editing of papt'rS rclJt edaor? Your JOb would be tL> rca • rt"'- 1ew a 'U . . f tlJ '1 l find oul more come to our mfo mcc.ttng.., \carl mg tO the bSUC 0 eqt.L (\. < ' • I orne' Bnnp a frtcndl I h 1 arc wet. .

• l ~ mdc:d two \C<.us .lgo \Vlll t e gna Tl Jl.l. our Ia"' schools newest 1ourna . \\ .ts m • tc. ., . ·al d mformcd debate on tssues of cqualit\, ·wtth special cmp1ta of pmmotmg cnua an sLo; 011 the Canadian context.

For more mfo: contact Ro' J.ce edito~ Jle ca} or vtslt Jt,'ll1J Jft ra

Ul

t:> Smdcnt f.!OII/'1, rhll I, and Ot"fpmzatiOtll tzrt Wfh'OIIIt to amrouu.t

n PltaJt stnd dttails Df tht m:nl (ul!at.

Jcnnar, mninars, bmejils, tmd oll>tr t:>rntsJrtt " arge.

I t 7; worrls zn 14 nglh. »~Nil & when} to ullrat1rtl@ lltoron/o.ra PltaJe 111/llt announmnt!ll o t 'lim I im mm-cstht nghl IIJ tkdlne p11blisltmg anntJIIIIItmmtJ. C.ol an announcemen .

of h

AIRD & BERLIS ur For more •nfO<matiOO. pl('a~ cont.te~.SC3 15QO F ·116 8(.3 1'515 H. Sandra Ba~. Otr«lor. Student t.. ,,soc.a1e Alfau~ T ·11 ~llant\!j)alflll.lrrhs

rom

•

LEGAL ISSUES

10

ULTRA VIRES

Leshner's gay marriage end run around Parliament

BY SCOTT KIRKPATRICK

tion was not conquered by calling Blacks " \X'hite," nor \\'liS gt·nder equality achieved by referring to women as ''men." Likewise, equality for gnys and lesbians will not be

While many 'lorontonians betiew that they rcprc. ent Canadtan ideals, wh at occurs under their smog-filled skies comes as a $U r~ prise to the majority of Canadians. Yo~ do not need to go to Calgar}~ Ottawa, o r lhlifax to find that 'loronto is often in the ideologtcal minonr:y. Dissent is as close as Mississauga, .:--:ewmarket, and Osha\\'3, 1\ classic c.xample of this ph enomenon occurred this summ er, a summer that Toronto Crown Attorney ..\fichael Leshner spent usurping the power of Parliament achien~d by labelling them as "married." through the courts for his own personal The ceremony of marriage finds its origins in rclib>ion. Indeed, there are groups within agenda.

The intention of the Canadian Charter of the gay and lc:;bian community that dispute Rights and Freedoms was ro find that elu- that appl}ing this religious and heterosexual sive level of equalirr that ough t to exist in term will assist the cause of gar an d lesbian m odern political culture. Canadians should equality. all be tre-ated with dignity and equality, but Parliament had un til 2004 to rewnte marthe means of achie\i ng such equality is a riage legtsla tion. As usual, however, tolerant debate that is alive and well. debate and the democratic p rocess are rwo Gay and lesbian Canadians sho uld not be things that left-wing causes detest. Leshn er, mistreated or discriminated against, bur having seen the courts clrCum\·ent democracouching their relationships in Judea- cy on numerous occasions before, decided Christian terms like "marriage" \ \111 not aid to use the judiciary and media to make a them in finding true equalitr Racial segrega- change \\;th which not e,·en all of the ga}

Equality for gays and lesbians will not be achieved by labelling them as "married."

and lesbian community agree.

After l .t.-shner left the courthouse, he hoppcJ around for the media and defiantly cur~ed the very prime minister that he, among other Ontarians, had dumped on the rest of C:tnada a decade ago. ~[any in the gay and lesbi;m community were embarrassed by his demeanour and apparent lack of respect for democracrI..eshner insr;mtly become the self-pro· claimed spokesperson of the g-.1}' communit}· \\ith Howard Stern-like subtlety. .\foreo\'er, his fellow Crown attorneys spent the summer hiding their heads at the mere mention of his name. One might think that a man who sought his version of "equality" for gay and lesbians would be concerned abour cqualit}· in general. but manr who know Le.~hner recognize that he is nor such a man.

This summer, I was present in Courtroom 111 at O ld Ciry Hall when Leshner referred, on public record, to all Black accuseds in orange jumpsuits as "twins." I nearly fell off my chair when Leshncr, of all people, introduced two semor Jewish co counsel as "these two Schmucks, Your \Vo rship." Any student who has faced Leshner on behalf of a client

I~nzlirrmmwtal Latv

Club

will know that his sympathy for disadvantaged groups is feigned at best.

Equality is not an ideal that can be applied selectively. Social agendas lose credibility when they alienate other minorit}groups and ad\'3nce their own causes while trampling clissentmg opinion within their own community.

T he aclvent of gay marriage has accomphshed nothing more than what gay registered partnerships or unions could have done. If Canada were to have accorded spousal benefits and taxation deductions to such unions, the definitio n of marriage would not have been obscured and the role of ~arliament would not ha\·e been dismissed, once again, by litigious social groups. Landlords and employers who would have discriminated against people in registered gay unions will still likely discriminate agamst gay married couples. Changing terms and defm.itJo ns will not change attitudes. You can behevc in equality without belie\ing that gay marriage is the means to accomplish that end. Tolerance needs to be extended broadly towards all social groups, not just to ones that left-wing 7.ealots feel arc merito nous.

cons titute an o ffen ce. Congratulations, Parliament- the offence is both puritanical and .1hsurd. ~aturall y. the BCC LA sprung to action ,

\.uc\\\ng out b'l \be \ake BYJENNIFER JAMIESON

It nll ~t.U'Icd cight m onth s ago. I spoke \\1th the ory aru7atJon I had bc:cn doing a Pro Bono Studen ts Canada pbcement with, filled out the Donner I 'Cllow,;lup applica no n, md JUSt a few sho rt \l;eeks later, I \\35 told I'd be spending my summer \\orking for Lake Ontano \\atcrkceper, the nC\\est eO\ rronmentallaw chant; m Toronto.

I rcall\ couldn't bclie\"e n. 1 would be worktng wtth the organi7.anon that brought to Toronto the kind of emi.roomentahsm that had tmunphed m the lludson Rl\ er m New \ork State. Inc organization is part of the mtcrnanonal Waterkeeper Alliance. but is really the product of mdividuaL~ taking o'l!.nershtp O\er the water bodies in their communine .

It all seemed too good to be true. l mean, an office on the bkc, two bo·.us. outdoor \I;Ork coUecnng san1ples for water quality tesnng. \\ Js It po Sible?

I got to thinlang about the nature of the !Jw school wnmer JOb. Wasn't it supposed to be tressful, "-1th lung hours and earned oui m iU1 Wlcomfor~able suit? Or could "-C actuallv find something that would allow us to work on an 1 sue we cared, and could get t'"Ven more cxoted, about?

I had to ask mysdf whether l2w students were desuncd ro Wll\lte away in office towers or d1c Bora La~kin Law Ltbrary. Could fir:.t rears fmd a swnmcr JOb the\ really loved? \\ 1th thts m nund, I got myself together, put rn} busmess casual wardrobe away for the summer, and studied up on the issues.

There were: protestors on the west stde (Hamilton and the Red Hill Creek I .xprcss\U\) and polrch.lorinated btphcnyl (PCBs) on the east Side (m the St. I4U.Tence Rncr nt MontrcaQ . .Both were maktng IOC"al

hC'.1dlmc•s. I 1~rorc lcrccc, 10 rnuuslc:rs :.m tl

sup portJng l nc:t~"'s nghr fo 5hlJ~(.'" sul:h .t pl.•),

also dr;~ftLJ a s uhmisswu w the: C..ommissto n on m xronmcn tal C.oop emao n. 1n addiuon, all summer long, 1 worked to finish a report on the .ineffectn c m:ss o f g utdelinC'>, ,\ matter th at had been CJIJed mto qu<..-soon h} )u.s nce O'Connor dunng tht: \\alkcrton lnqull) .

The hours \\ere rt>asonable m the o ffice, where I worked barefoot, and I managed to ~chcdule time to meet and greet "-ith 1\.'o rth America's great ~:nvll'onmentnlists when the Waterkcepcr Annual Conference came to town wtdt Robert I. Kenn1..'d) Jr., the defin tt1ve Mr. Big, at the helm. Of course, the work was frustnting .It tnnes; it seems that being an em tronmcntal lawyer means con tlll\tall) banging your head against the \\~.ill that IS the Ministry of the Emironment.

And l think l drove m} friends craZ} 'l!.i th lectures on how every citizen o f the provmce ha.c; the nght to clean beaches and to swtm m Lake Ontano. But the cxpenence 'I!.':IS rcwanting and has provided me with the dtrccnon I needed so that l can climb those office tower statrs next swnmer 'W1rh a little more confidence. \s I start the new school )Cat, 1 look to m} fcllo'l!. smdcnts and realize that I'm not the only one m th1s position. So many of my classmates spent the summer doing rt~Jl ly mteresong and fulfilling work m all differ cot are-.1s of tht· law. I hadn't really believed n possible when I started at la'l!. scltool.

After alL a lJ of l grad's destiny is as pre· scribed as a nuddle aged woman's m Manhattan, isn't It? lbankfull}, mr experi ence as a "professional" envirorunentalist proved to me that there IS no set path.. either while we're in law school or once we've Joined the real \\orld, and that "-~Js a great \\'llf to spend rn~ swnmer.

and the right of consenting adults to attend.

And, at rhe end o f the day, the play was st:lged at his gallery without incident.

Ironically, the thtng that most upsets Ince Is the fact that he was not charged. He is itching ro challenge sectio n 167 o f the Code, since the failure to charge lnce has proven to be the best way to censor the play; as long as the threat of a criminal charge looms high, theatres in Vancouver are afraid to risk licensing difficulties and have refused to stage the play. ..\ly time at the BCCLA has also taught me that people who purport to be the moral guardiam of society would be well advised to focus on regulaung their own behaviour.

On this point, let us sta} on the topic of sex (well, sexual o rientation) rather than take a detour to the recent allegations of brutalit}' that arc plaguing the very same Vancouver Police Department that is eager to censor the aforementioned play.

The BCCJ..A has recently intervened in litigation surrounding the case of Chris Kcmpling. Kcmpling is a high-school counsellor who published various letters to the editor in the Quesnel Cariboo Observer in which he openly expressed his belief that homosexuality is pathological and in which he unplicitly expressed his intent to try to "convert" gay students who seek his help in school. The BCCJ..A is fighting attemp ts to characterize the tssue as one of free speech and has instead supported his suspension by th e B.C. College of Teachers by focussing on the counsellor's expressed intent to discriminate against gar students in contravention of therr Charter rights and his statutory dutic as a teacher.

r.

BY J. ANDRES HANNAH-SUAREZ \.\ uh the generous fmancial support of a U of T Faculty o f Law D onner Fellowship (administered by the Pro Bono Students Canada Publtc Interest Law Summer Fellowshtp program), I managed to escape the Ba} Street ftrms this summer by working at tht B.C. Civil Liberties \ ssociation. Well, to be perfectly honest, I fully tried to sell out- alas, there were no buyers.

Leaving that aside, let us turn to the topic of sex, as ir tends to come up a lot when you work for a civil liberties association.

Canadian society is obsessed with criminalizing and regulating the performance and .,;ewing of sexual acti\;ties. One of the cases that I worked on over the summer, the case of John l nce and lus wish to stage the pia}', Public Sex, Art, and Democracywhich features a live act of oral sex- is a good exan1ple of this preoccupation.

When !nee announced the staging of the p lay in J une, the Vancouver Police Department promptly threatened to charge hun under section 167 of the Criminal Code. ' fhe section prohibits "immoral theatncal performance~." Yes, such an offence i~. to the embarrassment of Canada, still on the books. Filming the act. however, and presenting the taped scene to the very same audience in the very same theatre would not

11

Orientation happens again

Sexy summer speaks volumes msif!,bts jro!ll t!Je

ORIENTATION

9 SEPTEMBER 2003

PLEASE SEE "IN DEFENCE" ON PAGE 11

ing the planning process was that for the last two months of the summer, there was only one person from the !Students' I .aw SocietyI with the aurhorit}· ro sign chequt.-s .. . 'l'IIIS creatl·d a number of issues when we were trying to cover our expenses in the few weeks preceding September 2. This prob lem would have been alleviated had thl' ( >rienration Chair also been gh u1 signing authtlriry;· explained ~lcChry.

Despite the~e obstacles, for the most parr Orientation ended up running smomhly. "~!any students approached me ro specifi-

cally mention hO\\" much they were t."njo}ing the week and how different it was from what they WCH' e~-pecting,'' noted .\lcCiary.

The format for the week did nor differ much from that of prcnous year:.. There were, howe,·er, two notict•able changt•s.

Studt:nt~ were encouraged to meet :1nd interact in informal settings. Pnl\'lding students with transportation to the bar after the bonr cruist• ensured a higher turnout at tht· e\ enr.

The DistinJ,>tJishl'u ~peaker Luncheon, held on Friday instead of \\~cdnesday, rounded oif the week's C\'ents in notable fashion .

In defence of public sex Students check out offerings at Clubs Day during Orien tation Week. Photo ro11rlr9·

of J1mrm Drsm.

BY BERN INA BUTT

J D /Economics l\.1A breakout session. Six studen ts were left in a room wondenng Acung Dean Langille's address, the cruise, what was going o n," said McClarr. and the Distinguished Speaker Luncheon Next year, O rien tation Committee memfeaturing J us tice Frank lacobucct were bers will know to prm;de clearer mformaamong the highligh ts o f Orientation Week. tion about meeting points for excursions.

James \IcCiary, O riemation Chair, " th ought T his year, "[s]o me communications were that many tlungs turned out to be quite suc- not detailed eno ugh when describing where cessful." to meet. Thus, before the excursions, a Though " [l]ogistics proceeded with very number of students only knew they were to few lurches," there were some mmor diffi- 'meet at the school' and had to st.--arch culties. During the P ro Bo no StuJents around to find out where everyone was," Canada lunch with Ho no urable \1adam reflected McClary.

Justice l\.laryka Omatsu, there was constant During the planning sta!!,CS, Orientatio n power loss. Ano ther setback was the failure Committee members faceJ. fmancing issues. of rwo volunteers " to show up for rhe "The biggest problem we L"tl CO\lllH~ rcJ. <lur-

"SEXY" CONTJNUED FROM PAGE 10

tation fi)r his role in a scheme that bilked a senior citizen of his life savings.

Snon after the BCCLNs vocal support J\ccordmg to the judge in the case, he "-~Js of the suspension, we received a leiter able to escape criminal prosecution only from n person who will rem.un unnamed, by testifying against lus partners m the stating that he \\':IS angry \Vith the BCCJ..J\ scheme (they were prompd)' convicted). for aiding the College's attempts to hide ( )n that note, let me conclude by saying the "truth" about the pathology of homo- that these were just a few of the amusing scxualit). cases l encountered Cl\'er the summer. If 1 assumed the task of rcspondmg to his )OU want to work to defend people's rights letter. After review-ing the "scientific evi- to engage m CCCL'fllnc behaviour, and dence" he included to back his claims, I hope to learn a th mg or two about the dectded that it would be mteresung to do hypocrisy of m oral crusaders, 1 would a Google search of the comp\amanL l..o htgh\y recommend taking rart m a \1 \\~ and beho\d, l dtscovercd that just a few placement or £dlowsrur. ot on\~ do you years ago, this self-appointed protca.or o£ get to ~ ot'll. (or the "go(:Kl gurs" \o r a truth nnd mm·a\it'j haJ. bt.-cn found \tab\e chan~\:., U U\ 'iOU a\so F,C\ \0 1'\.\cnU f t <.:a\ k<."\Ut and -a.<.\\'; \"nC'~ orv-..nu d \ ' ' \\ (. u nder the tort of (rnudu\cnt tn\ t<~\'t'e'IC'U

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13

LAW STUDENTS WITHOUT BORDERS

12

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. ..._.._ • law · WITHOUT BORDERS

students

•'-. / This summer, fellow students traded briefcases for backpacks, and classroom lectures for lessons from life. Here are a few of their stories.

•

ln . .

wa!!fr!!g STILL FINDING ITS

WAY

I

BYEMILYMAK

but these pale in comparison to the enormous of ruhbish, litter, and general sludge that measures 10 metres in lengd1 and .::.S metres in depth JUst north of the central transporration hub, Kwame '\Jkrumah Circle.

I'm told that in the good old days the canyon used to be a river.

While gold, timber, and cocoa are major re:;ourccs, the number of life-threatening potholes, buckling streets, and patchwork of unpaved roadways seem to suggest that tar and asphalt arc bordering on scarcity. Goars, chickens, and roosten; roam wild and free, although from the ubiquity of roadkill, it's clear they haven't adapted to urban surdval.

Tara, Robin, and 1 became artful dodgers of

c.w ·on

Kwame '\,krumah had a glorious ,;sion for Ghana and \frica, \Vriting in 1961 that, " ever before haYe a people had within their grasp so great an opportunity for developing a continent endowed with so much wealth." \Vhat saddens me is that 46 years after gaining independence from Britain, it seems that Ghana has yet to heed his call. l\o\\, I must admit that I am hardly an expLrt on post-colonial theory, and I am far from being learned when it comes to \'\'est African politics. But I had the opportunity to spend part of my summer living and working in Ghana a\on~wtth students Tara Cochrane (.\\\) anu Rohi.n. Rtlt (lll), and \ find my,;cl£ pondering" hy thmgs swl <lrc UlC W;ty they arc tn a cowttry a" rich UJ human c:1pital, natural resources, and youtl1ful hope as Ghana.

There are open sewers on both sides of almost all roads in the capital city of Accra,

Kwame Nkrumah was the first pnme minister of Ghana and a promment Pan-Africanist.

~:.r;~:r.y

Jri,ers ourselves, meandering between

Clr!'i and hu:-><..'"5 ~s j£

in a rck·ndcs:oi

1{3JllC of

Froggcr.

Christian fanatacism rakes on a bit of an amusing twist, with busmess owners adopung names like "Kingdom Come Hair Salon," "Observers are Worried Communicaoons Centre," and "Don't ~lind Your Wife Chop Bar." But these observations about everyday life are humorous in hindsight, and more about cultural adjustment than anything else. \X'hat i.o; sad, however, are the systemic hardships that people must face living tn Ghana. Our prOJect involved working with the Wisdom Assoctatlon, a loosely organized support group for people living with HIVI AIDS, and helping them develop a legal and media strat egy for the protection of their rights.

Like much of sub Saharan Afnca, Ghana is struggling with the HIV I AIDS epidemic.

Unfortunately, the government focuses its hL'll.ith care resources on the "containment" of HI\ I AIDS, through the ABCs of 'J\bstatn, Be faithful, and use Condoms."

Clearly, education and the promotion of safe sex are essential. but the state does not provide any anti-retroviral treatment for people living with HIV I AIDS. There is an obvious social and political neglect, and an implicit moral condemnation of those already infected. While pubhc hospitals and doctors may treat HIV I AIDS patients for concurrent mfections and symptoms like diarrhea or Ulcers, they are refused anti-retroviral medicanon. Treatment has tnstead been delegated to a ~elling band of herbalists, soothsayers, and members of various religious orders; that is, if one. can find the secluded and unma.rked ~d that · inconspicuously tucked away on the periphery of the hospital compound.

Then there is die reality of widespread child

labour, whtch can almost go unnoticed simply because it is o much a part of the common cityscape. Children as young as five or six years old hawk water and biscuits by the side of the road from dawn to dusk. "lbose who are fortunate enough to receive an education--often due to some form of financial aid-attend school part time while continwng to make a livmg. Faded and worn Teenage ..\futant ~inja Turtles t-shirts barely conceal their protruding bellies, one of the symP.t ms of chronic malnutrition.

What I~ astonishing about Ghanaians, t~ough, is thrt in spite of their living condi . tlons, they a c among the most spinted, friendly, ;Uld a ahlt; people l have met. The lo<::.JI IJrt·c.·unH ts ..A

"You arc welcome," anJ every passerby, from children to old ladies, snouts it out as you o about Loolung lost or confused is the eaSJest way to meet new people, because e\·e~ne likes to stop to ask you if you need help. And I'm sure it will never be too late to tlke up one of the dozens of random marria e offers that are thrown my ·way, altho~ the one local village chief was a little p,ast his prime for my liking.

In Ghana, there ts a certain openness and freedom to social mtcuctions, the way that strangers just like to smile at you as you walk by, and answer ur questions and ask all about you. Ther ts not the detached, eyes-tothe-pavement, sometimes pretentious attitude that prevails in modern Western culture.

Rather than bewg private and independent, Ghanatans are ·ous, exceptionally social, and welcoming.

This naive popayal of Ghanaians is unabashedly simpl.iiric, and I concede that there will always be those in a society who will try to cheat foreigne to make an extra buck.

The over-priced caU rides and constant haggling can be tiresome, but by and large, Ghana is eautiful. One Ghanaian friend remarked of his people, "We are poor, but we are hapyy."

Ghana is not a major economic player, or the "Great Power" that krurnah envisaged.

Poverty is pervasive, health care basic, and the disparity between the rich and poor striking. l!.ife is not rosy, and the struggle to emerge from being a developing country is far from over. But the people press on with determination, still smiling, and always proud.

BY BRENDA GUNN This summer. I spent ten weeks in :\ydney, Austntli2 on an intcrnshtp through the lntcrnauonal Human Rights Program. 1 workrd at the Public Law Centre in the Uni\'ersuy of ~ew South \\'ales Faculty of Law researching Indigenous soverctgnty.

This ·was part of a larger, three-year project looking at the possibility of negotiating

On the path to achieving Indigenous sovereignty

BY BERN INA BUTT Below the surface dwells something of greater import. But until circumstance forces us to read between the lines, subtcxt will always be just that: subterranean. Until there is a yawning, we do not stop to take in something beyond ourselves. something that we perhaps believe to be below us.

Eight weeks I spent in the land to our south. Two months I lived teasing out the fme differences between the two countries. Days and nights I passed hving m\ dream, negotiating the beautiful fury, the physical and cultural traffic that ts 1\Jew York City. Hours slipped by as I rode the subway, watching.

Rc:tding. L nderground, the social stratification was as conspicuous as the pa.n=====::;::=:h andl<·no who movc<l from trnm to

tr11in, and the passengers who hc\d their

noses as they passed.

Outside, the privileged made rhcmsdves known. At a music class. "On line" (as New Yorkers would say in place of "in lme'? to get into a poetry cafe. Legal professionals everywhere. "One out of every hundred," I was told.

Yet for all their education, something was still terribly amiss. I had to brave the usual assumptions: "Canadians say 'eh"'; "Canadians are just like Americans, but without guns." I should hope not, and I should hope so. And in the year 2003, incendiary comments like, "If I eat more rice, I will become Japane~e or Chinese and have slanted eyes." In the year 2003, I had to tell this stranger how ignorant she sounded. .And at that moment. I had to confront the reality that, contrary to the belief that all advances have been made, slippage remains.

Like the waving past of an armed man with murderous intentions at City Hall. Or the lapse when the lights went out.

The normally packed streets were piled high. People of all walks of life were sleeping on the sidewalks like those they had snubbed on the train.

"Heroes" came out of the woodwork. But let's not kid ourselves: we were crippled. Yet in the aftermath, is that what we heard? Not in the noise of all that self-aggrandizing.

Insistences of the commonality of suffenng, of the "sea of humanity," were discoloured by cries of "blame Canada!" At times we were mere mortals of the same fate, at others, we were torn asunder by the evildoing from across the divide. I was cold, sitting in the darkened bowels of the United Nations I leadquarters, listening to the speculations, accusations on the radio. I was offered a cup of tea and was appreciative. But for all my learned tolerance, there was something I could not overlook. For desptte all the reduction, there was still a grasping after differentiation. There was still the survival of the fittest. There was still the competition. At that moment, I had to admit, even if just to mysel( that I am Canadian.

In the moments to myself, parallels wove through my mind. The cables of the Brooklyn Bridge threatened to give way as thousands pounded the pave· ment to get home. According to some accounts, there was a groaning. On the other side of the com was a story that I had researched and written while working at the UN: Child refugees had made a dangerous journey to escape the horrors in their homeland. They had travelled to set distance between themselves and their home. For them, running water, let alone electricity, was a rarity.

The restaurants were packed the day electricity was restored. People shared grievances around tables draped in bright colours and bold flavours. Within a week. vendors were hawking t-shirts that read, "I survived the Great Blackout of 2003." I had hoped that the outage had swallowed more than our light, that it had in fact smothered a bit of our arrogance and frivolity. It seems, however, that for some, the eclipse emanates from within.

treaties between Aboriginal people and government. My research was both interdisciplinary and comparative, lookrng at '\ustralian, Canadian, American, and "-ew /.ealand jurisprudence.

While interning, 1 attended an annual conference on ative ride in Alice Sprin~s.

• orthern rerntory, where ~trs. ~hho, wife of Eddie J\fabo, ga,·e a moving :;peech n·~arding the future of Native title nght.~ m L\ustral!a. The address was g~ven twelve yc:trs to the day after the High Court of Australia handed down the ..\fabo decision-the ftrst Australian High Court decision to recognize Native tide right~. The experience reminded me of the reason I entered law school.

Shortly after returning co Sydney, the

Public Law Centre im;red Str \nthony ~lason, former Chief Justice of \ustralia, to give a lecture. Afterwards, I attended a casual lunch where I had the opportunity m discuss current issues 'W-ith the chief justice. \ met other young, Aboriginalla"'·yers who are working in the field of .\borigina\ hw. ~\any o£ these encounter~ were k-s1> forma\, allowing me to inquire about thetr career p.1th:; :mel the cliffcrcnt l)pes of n·ork tht'J" have done. These social e\·encs also provided opportunities to casually discuss the legal and political issues facing Aboriginal people, both domestically and internationally.

I hope that this summer's research on Indigenous sovereignty has prepared me for my second year of law school.

Roving in Ireland

BY AARON HUNTER I spent most of the summer in Dublin, Ireland, working for an organization called the Irish Penal Reform Trust. Their mission is to advocate for a more rational criminal justice system with a greater respect for human rights. My research project involved examining sentencing practices in the District Court, the lowest level of court in Ireland. lbe judge at this court sits alone and deals with minor offences such as shoplifting and public order matters. The action in the courtroom was sometimes chaotic and confusing, especially in my first couple of weeks. It took me a while to get used to the rhythms of my surroundings and the strong Dublin accents.

I observed two months of crinunal pro ceedings, recording the outcomes of cases, trying to find out if there is any lund of coherent sentencing policy in operanon, or if sentencing is mostly random and subjective. I was interested in judges' reasoning, and listened carefully to their verbal comments. Often, a judge would send a defendant to prison without offering any rationale about why a custodial sentence was the appropri2te choice, or what it was meant to

accomplish. I am currently finishing up my report and recommendations, and hope that upon publication there will be some public debate about "rough justice" in the District Court.

The work was rewarding but also sad and unsettling. lbankfully, it wasn't all work. I managed to travel all around the country, from Slea Head to Giant's Causeway, pick up a few words of Irish, drink in many different pubs, and develop an interest-as a spectator only-in Gaelic football, Ireland's hugely popular traditional sport.

Dublin itself is a fun and intere.~ting city, but it has serious social problems: poverty and homelessness; alcoholism and bingedrinking, often giving nse to violence on the streets; heroin addiction with its related crimes and illnesses; and prejudice directed at immigrants from China, Eastern Europe, and elsewhere who have come to find work in Ireland's strong economy. I couldn't help but become a~e of these issues while working in the courts. I spoke to many legal aid lawyers, garda.i (police officers), and court staff who helped me interpret what I was seeing and hearing. All in all, my time in Ireland was an unforgettable experience.

.....

• ULTRA VIRES

OPINION & EDITORIAL

14 EDITORIAL

OPINION

Musical deans: Still the same old song?

Lessons from the Nepalese peace process

I·or those of you scr.ltching your heads at the sight of Professor Bri;U1 Langille flip · ping hurgcrs at the ~tnnual Dean\ BBQ during ( )rientaU« >ll, we \\Ould refer you ro a bnd, obscure c-mad sent on Dean Daniels' behalf b} ndministr.ui,·c ~taff at the end of till' last academic year. Thi~ li~tsen· mcs sage tnformed students that Professor IM'lngtllt• would bt.• acnng dean at the law school thts yt-ar while Dt.-an Daniels was .I\\'a} on ~abhaucal at Yale Unh·ersity.

While ft.'\\' doubt that \cnng Dean LangiiJe filled Dean Ron Daniels' shoes admirably at the BBQ-afrcr all, nor only can he don a broad smile ;U1d throw a cor ton tee over hrs shirt and tie With the best of them, but he can also repair a BBQ like ;U1 aficiOnado--some of us had questions as ro what he would do next in his capaciry as acting dean.

1 Thus far, Acting Dean Langille has declined to comment on his policy objecrn·e~ for the year. This is understandable, given rhe fact that he has yet ro confer with representatives of student government.

The crucial question, however, ts whether and to what extent Acting Dean Langille '"\\\be ab\e and/or \'-'illi.ng to broach particular t<>~k!'. a~ the )'L"aa progresses.

Fqui.oc.a\ and m>nc.ommitta\ responses '" ~>tuclcnt c.<mc.crw<. v.;ou\d -prove -proh\em auc. ~uc.h an approach v.;ou\cl mu:ror \hat of Dean f).uue/., durin/{ hi,; tune at the

L1'~

,.cJwol. lt remains ro be seen whether i\cting Dean Langille will go the route of Dean Daniels, who, wtth lus eye on making this "one of the world's great law schools," fosrered a certain corporate image for himself and for the school. Arguably more

BY EHSAN ZARGAR

concerned \dth ranking~ and his connecuons \\ ith the husine~s school and the Bay Street elite, Dc.1n Danicb ncglccrcd to facilitatt' dmloguc hetwcen tht.• students ami the administration. \fcasun:s t;tkcn to inform students of key admini_ trann: decisions, such as the appointment of the acting dean, were clearly insufficient. Perhaps Dt-nn Daniels models his role after that of a marketer rather than that of a lead<.:r.

On the few occasions that Dt.:an Daruels did provide a public forum ro address srudent concerns, such as the town-hall meeting on the five-year pi;U1 before tt was passed in 2002, student participants left the process feeling shortchanged. i\fany complained of / an tmprcsston of minimal disdosure.

Developmg relationships with students / and welcoming communtcation would not endanger the exercise of the dean's authorIf}, but would rather enhance it. At an insrirurion where learning is the mam commodif}·, the disclosure of information should nor be something after which students, like bankrupt minds, have to grasp. One cannot learn without doing. One cannot be heard when there is no audtence. By failing to fully entcrram student misgivings, the dean has denied students the experience they want and del!.erve. ) \ndcecl, it "ecms that the the deanship at the \J of ·r \ at:u\ty o{ 1 .aw may have settled

It was not entirely unexpected that the ~cpaJe,e pt-::tcl' process \vould collapse, but what is surprising is the ::;carce medta attention that thts event has garnewd. The conflict, raging ::;ince 1996, concerns a battle for control 0\er the political destiny of '\cpa!.

The two factions invoked arc a \lao1sr rebel group, and the monarchy of the Hunalayan Kingdom. To date, the clash has claimed the liYes of 7,200 people.

Peace negotiations came ro an abrupt end on s\ugust 27 after the rwo s1des failed to arnve at a pos1rion on the thorny issue of consuturional reform. While the rebels demanded that elections be held for a constituent assembly that would clectde the fate of the monarch}', the ruling family would go no further than concede minor constitu nona! amendments.

The repercussions of this deadlock are grave and exrcnstve. The complex social, economic, and relig10us tensions that subsist beneath the fabric of "iepalese society

PLEASE SEE "CONFUcr~ ON PAGE 16

OPINION

\ Paul Martin: thanks, but no

mto

triiJiUon o£ burger flippmg, where ~tudent~ <Ire cl1c burgers, and down.1

the rown and U.S. firms are the ravenous guests. For the dean, it may simply be the matter of a mindless equation: wear a rshirr, put on a smile, and keep those juicy burgers commg.

) thanks, philosopher king

BY BEN PERRIN

Alumnus Prime 1\lin1ster-in wairing Paul ~lartin has some explauung ro do, and it is rime to hold the man who would be king to account. For months, \lartin has adamandy refused to set our his position on virtually every major issue mclud.ing health care, education, the econom}, the environment. and even foreign affairs, mclud.ing the War in Ultra \'ires lS the independent student newspaper of the Iraq.

Faculty of Law ar the University of Toronto.

Tlus duck-and cover approach to campaigning is deeply troubling. Right now, Canachans are hard pressed to pin Martin Editor-in-Chiif Bernina "Empress" Butt N(UJ.r Simren "Phantom Menace" Desai down on anythmg. What does the man Dit~tr.rion.r stand for? We are told that Marrin is a fiscal Lisa r-.tinuk, Ian Richler Editorial/ Opinion Ben Perrin conservative, but how telling is such an Fta/urt.r Juda Strawczynski assernon when even left-wing parries like Ltgal l.r.rut.r Adam Rock the NDP have adopted balanced budgets as Production Editor Emily "Pnncess" Mak part of their fiscal policy? Canadians should Productum .AJi.rtant John "'\taster of the Uruverse" Norquay know the posinons of leaders that seek ro Bu.rint.r.r Managtr Simren "Old Man" Desa1 govern them. Martin's deliberate policy CuP.J Editor Ansrode Saranns silence 1s soiling democracy by failing to set Online Editor Davtd Khan the ground for reasonable debate.

We are nor naive. Martin has made a careful calculus in deciding to deny Canadians the right to hear his policy platContrib11tor.r for m. He is betting that the risk of Ketth Burkhardt. HEU..fUT, Ehsan Zargar, Ronan Levy, Brenda Gunn, Shaun Laubrnan, appearing out of touch and even arrogant Adnan Ltu, Chris Essert. Scott Kirkpatrick, Ben Arkm, J. Andres Hannah-Suarez, Ian with voters IS less than the risk of getting Disend, Max Matas, Jennifer Jamieson, Aaron Hunter, Julia Gll2ragna, Lisa Cavion. his political neck cut off by the guillotine of issues like same-sex marriage, the Adantic fisheries crisis, or Canada-U.S. Ultra Vires is an editorially autonomous newspaper. We aim to reflect diverse points of relations. Maron's handlers and pollsters view, and we welcome contributions from students, faculty and other interested persons. no doubt assure him daily this will likely Ultra Vires reserves the right to edit submissions for length and content dupe voters.

Communications Centre, Falconer Hall, 84 Queen's Park Crescent Even the most top-down political leaders who subscribe to the so-called mandate Toronto, Ontario, .M5S 2C5, (416) 946-7684, ultra.vires@utoronto.ca, www.ultravires.ca approach to government provide the public Advernsmg mquiries should be sent to the attention of the advertising manager at with their policy platforms. By any standard, ultra.vires@uroronto.ca 1

arc all unplic:tted.

'J'ht.· story of thl' confltct 111 '\lepal is dialecucal. On one hand, the '\Jcpalcsc gencralh hcline that their kmg is a li\·ing incar· nari~n of tht: f lindu ( ;ot!. Vishnu, also kncm:n as the "Prt.'5encr of Life." The king presen·cs lift• by dispensing justice and fairnt•ss. Accordingly, the monarch plays a major role in the collecttYe consciousness of the counrry, .1 fact demonstrated by the outpouring of grief following the murder of King Bircndra and much of his family in early June 2001. On the other hand, deeply entrenched rural poYerty and inequalif} have provtded fernle grounds for rebellion that belies the notion of a dtvine order.

The rebels have been most successful in the poorest parts of 1\oepal. For example, the rebel stronghold in Rolpha has a life expectanc} of just 52 }'ears and a per capita mcomc of fewer than 28 cents per day. The strategy of the rebels is rooted in the writings of ~lao Tse Tung, who called for are,·-

ultra vires

\1arnn's policy s1lcnce is bad for the country, stifles democratic debate, breeds cynicism, and smacks of elitist arrogance.

A recent Yistr to :\[actin's campaign website in search of even a shred of a policy platform or blueprint came up cold. One gem we found, however, appears in a speech made by \1arrin on June 21, 1995, and that offers advtce he would be well advised to heed: "our policies and programs

Mr. Martin's policy silence is bad for the country, stifles democratic debate, breeds cynicism, and smacks of elitist arrogance. have continually evolved because the world, and the needs of Canadians, have continuously evolved. Liberals have never seen nostalgia as the foundation for policy. Nor have we ever sought success m following old ruts m old roads."

Well, that is mteresring. Policies and programs need to continually evolve. The needs of Canadians change. Old ruts in old roads do nor achieve success. If Marrin followed this guidance, we as Canadians would at least have the courtesy of knowing what our next prime minister stands for and how he intends ro govern this country.

The notion of a philosopher king is dead Ir lS offensive ro Canadians that Martin continues ro act as though we are children who will simply trust his better judgement.

Beside.", even children ask where they are going and why. Canadians deserve no less.

OPINION

9 SEPTEMBER 2003

15

Tuition increase primer The provincial election refocuses attention on law school funding

BY BEN ARKIN

Twtion talk is a fact of life at law school, and \vith education on the table in the upcoming provincial elecnon, now is the time to learn the language.

In 1997, the Ontario government effectively deregulated tuition for professional schools at public univcrstnes. Smce then, rhe Unh·ersif}' of Toronto's GO\·errung Council has voted ro increase tuiuon at the Faculty of Law by a factor of three: from around $5,500 ro $16,000 for incoming students this year. In 2002, the Faculty of Law's Faculty Council voted m fa,·our of the con tentious "five-year plan," serong an ultimate ru1Uon target of $22,000 by 2006.

Governmg Council is expected to approve thest. further increases.

The Faculty of Law administration pre senrs tuition increases as the only way to compete with irs wealthy American counterparts for the best professorial talent, top students, and overall prestige. They argue that accessibility and career choice arc nor affected because of the ample financial aid made a\·ailablc to needy students. They imply that, to the contrary, students recciYe a commensurate return on their investment as they fmd themse!Yes at the summit of a mountain of job-seeking lawyers upon graduation.

The :trJ.,>uments most common!)' made .1g:unst rmsing ttution can be grouped into two categones: first, programs \dll become less accessible to those with fewer resources.

Tlus includes individuals who come from h1stoncally or presently disadvantaged groups. Second, students' career chorces will be negatively affected, as graduates with large debt loads are more likely ro take highpaying jobs instead of modest-paying com munity jobs that serve the public.

Opposition to these increases has been wtdesprcad both inside and outside the law school. The most organized and vocal opponent of the hikes within the school has

There is something extremely unpalatable about ,paying dearly for a commodity essential to life just because it can also be used to make a profit.

tion. More specifically, the U ofT mcreases ha\'e raised the editorial ire of Tbt Globe and Mail, the Toro11to Star, and such far flung franchises as the Red Deer Advocate and the British Colwnbta Report. Sensmg the political climate, both the provmctal NDP and Liberal parries ha,·e promoted a twuon freeze as an important plank in their respecth·e campaign platforms.

In April 2003, Go,·erning Council conYened to debate the factual truth behind the administration's claim that . the increases would have litde negative impact. They commissioned a study, the Provost's Accessibility and Career Choice ~tudv m the Faculty of Law, which concluded, with somewhat superficial methodology, rhat there was no evidence to suggest that the effects of rising tuioon could not be offset by tncreased fin;U1cial a1d. In addressing the Council, Dean Ron Damels welcomed the report and maintained h1s commitment to accessibility. Josh Paterson (then a member of Governing Council), Lindsay l•orbes and Aaron Delaney (members of the Student Caucus of Faculty Council), and Soma Choudhury (of the South Asian I .aw Students' \ssocianon) cast doubt about ho" reliably the Study could predict the impact on accessibility or career choice.

Despite the hot debate, Governing Council approved the tuition increase from $\4,()\\1.) to $16,1100

been . the student caucus of the Facultv' Council, a body elected annually by aU Ia" students. They have presented their case hoth to Go\'erning Council and the media In addition, many students ha\'e participated m the debate by attending meetmgs, writing articles and letters, or merely contributing to the word-of-mouth disscmmation of mfor ma11on wh1eh forms rhe backbone o( 1hc Srudcnrs' and ocher IUltiotl incn·:~sc law school network. opponents' dedication to this bailie i~ In rhe communi!} ar large, law school remarkable and commendable. Tuiuon tuition levels have received ~ignificant atren- incn:ases arc precipitated by the market and

are norm rune with society's or indi,iduals' needs. '\1any hold the visceral belief that tuition hikes are an unnecessarr evil.

Unfortunately, the administration's argument that accessibility and career choice arc not significandy affected holds true in the abstract. \'{'hile the financial aid program might let a few (or more than a few) fall through the cracks in practice, ir is a logical counterbalance to rising tUJOon. Given the prevailing attitudes in the upper echelons of the university administration, challengers will cononue to lose any battle that turns on accessibility, ar least until hard e\idence to the contrary is provided.

At this stage of the process, more energy needs to be directed ar an old, forgotten target: the acceptabiliq of large tuition mcreases at all. The fundamental problem with astronomical tuillon is nor the debt load itself or the fact that ir makes students' choices more difficult. The problem is in understanding law solely in terms of the market. The rule of law forms the fabric of our society and people should not be unfairly burdened merel) because they choo:;c to participate in ir. There ts something extremely unpalatable about paying dearly for a commodity essential to life just because it can also be used to make a profit.

The l:ac.ulty o£ Law rca\\y uoc:s necu more money and in the po\iuca\ climate of recent yc.trs tlw ea~ie~c ~ourcc l1as been ,.ruJent~. T/1erc should be a berrcr wuy _.nd, with an election coming up, now is tht.• ttmc to find ir.

Law's trash-talking "gossip" websites must go

BY BEN PERRIN

Jerry Springer must be cursing himself for not thinking of the idea ftrsr: using online "gossip" message boards to get law student:; and lawyers ro trash-talk their schools, thetr ftrms, and anything else that gets caught in the cross fire.

If Bay and Kmg has a hidden, dark back alley, it rs the message boards of websites like ~SA, the aptly named Greedy Associates, and others. On these websircs, the disenchanted, the disgruntled, and the displaced come ro meet in a childlike game of one-upmanship.

If you have ne\·er been to one of these gossip :;ires, count yourself lucky for ha\·ing been spared the mind-numbing barrage of postings made by a seemingly omnipresent person named "anonymous."

Classifying the people behind the postings that I found during a recent visit ro one of these sites is fairly straighrfonvard but very telhng. ftrst, you have what freud might call the Compensators. Subject lines like, "The ranking ro end all ranktngs (and why U of T sucks)" are among the most popular in terms of number of messages posted.

They are also the most inflammarorv and base. For whate\'er reason, some p.eople feel the need ro Yenr and do so venomously: One can only guess what lies behind the

intense feelings of someone typing away flaming allegations made against them. Of furiously late at night ro make their grie\·- course, if only ro prcsen·c their dignity, ance known to the world. they roo post anonymously. A less nal\·e For the Compensators, theirs is a cathar- reason 1s that they hope ro surreptitiously tic experience. Their audience is the law inject some positive messah>ing without firms and the law school administrators being labelled biased. they name with stcammg adjectives. Rest assured, these gossip boards are loathed by firm and law school recruiters who One self-proclaimed student undoubtedly feel obliged to keep on top of the latest string of messages that has wrote: "Ironically, therefore, already charged, prosecuted, and convicted U ofT was where I had to go them Second are the bright·eyed llopefuls. due to my poverty." \X'ould be law students beg for rips on how to get mro law school X, Y, Z, and students post their queries in hopes of a hidden gem of \visdom that will land them that job The Damage Controllers are easily identhey want so badly. The advice proffered tified. Their posrings are the polite mesborders on the obvious, bur with a heavy sages that include raking points from dash of the absurd. Woe ro the Hopeful school and ftrm websires. An example who, as often seems ro occur, meets the posting, defending against the allegation Compensator on one of these gossip that our law school "sucks", makes the boards. The adYice sounds like the type pomt clear. Perhaps it was a diligent you would hear in an old Vietnam War hlconer administrator (I will leave ir for movte from the hardened lieutenant relhng you to guess who) who responded on the "fresh meat" he does nor want ro know August 27, 2003, stating: the names of the new recruits since they "Contrary to popular belief, U of T is are "already dead." often more affordable (for those who need Third are the Damage Controllers. the assistance) than any other law school.

These are the particular school and ftrm For example, on the basis of fmancial proponents (even recruiters?) that hope ro need, U of T is paying my entire tuition. "set the record straight" in response ro the o other school offered me that.

Ironically, therefore, U otT [sicJ was where I had ro go due ro my pO\erf}'."

I fear that, folks? PoYer!)' drove one of you to U ofT. I would ha,·e thought pm·er1}' might drh·e one ro the food bank or ro a used clothing store, bur apparently I was mistaken. Maybe all the free lunches we enjoy (especially in September) and law ftrm giveaways have looked after this student's need for food and clothing. flow nice.

According to ZS \'s disclaimer on their site, it is "a public service for the legal community- free of charge" and that if there is "excessive abuse rhcr [the gossip boardsJ will be shut down." My response to that is rwofold: you get what you pay for, and just what is "excessive" abuse anyway?

The bortom line is you cannot keep a lid on dissemination of (mis)information. If a forum exists for debate, chances arc it will be used As a newspaper, we exist to support freedom of speech and expression, of which the existence of open criticism is a key litmus rest. But the proprietors of these sites, if nor the v1ewers, need to ask themselves a question: Would you rather spend countless hours of unproductive and negative time q-ping away to post on one of these sites or go for a walk in a park to clear your mind? Alright, now I am the one being naive.

16

ULTRA VIRES

FEATURES

Big smiles from students enjoying the first bash of the year

"LESSONS" CONllNUED FROM PAGE 14

1

FACES AROUND FLAVELLE

Dean's BBQ 2003

Conflict merits international attention show of foru· failed to provtdc a rc~olu· non to the confltct. making a cease fire and olunon through peasant insurgency in tht• nt•gonations for pe:lCl' necessary. 'loday, tht· 0:cpalcst• peace process is tn countrystuc, follmn.:J by infiltration of the urban dire, and finally the "re-educa· ruins, highlighting the futility of viokncc in addressing the root causes of conflict. tion" of the masst~.

Inevitably, the consequence of these Tlw spirit of the "people's war" still :micompt·ung forces has been blO<xbhcd. matcs its adherents against tho~c rcmam Thousands M\"C lost their hves m this mg ostensibly faithful to tht· nonon of sparsely populated country ,\ince the Ji,inc gmernmcnt. In light of the almost eruption of ho~tihtiel'. Onginall}. the predictable incapacity of ,·iolcncc to ,\laoists, led by thetr shadO\\)' leader rc~ohe this conflict, we can \·tew :-.:cpa! as a microcosm of other conflicts in the Pro~chanda (mc-..tning "the fierce one"), world that han: captured media attention were largely successful in their low-grade more closely than the war 111 this riny warfart·. W'hile the gm·ernment would mount;lin kingdom. have preferrt·d to deploy the military to ,\!though negoriariom mar be difficult comb.tt the rebellion, police forces were instead used to fight the rebels because with thl' persistent underlying tension, in the political cltmatc was WlSJmpathetic to tlus otsc, as in others, they define the last rile usc of soldiers against ~cpalese citi· fragile path towards lasting peace. The zcns. This situation changed dramatically porcnnal for loss of life and limb should command our w1dtvided attention and afrt·r the ncnrs of September 11, 2001. ...merib the greatest efforts of the internaFollo\\1ng the declaration of the "\X'ar tional community. Only through the on Terrorism," the 0:epalese gm·ernment achicvcmc.:nt of pt.-ace can we redirect enerS\\ iftly labelled the rebels as terrorists, gy and resources., ~quandered through the imposeu a nationwide state of emergency, destruction and mayhem of war, toward and mobilized the army for the ftrst time the improvement of living condttions and to f1ght them. Over ftve thousand people have uiet\ in the last -year alone. This direct quahty of life.

9 SEPTEMBER 2003

BYUSAMINUK

A haiku contest With a sushi lunch for grabs Get pencils jotting !'hat's nght1 Send m your deepest, funrucst, m >s the l \ h:ature~ Haiku Contest.

Please send entnes complete with name. and year of sntd} u!Jm. virt 1t utoronto. cl \U entnes due b) Wednesday, October lst.

17

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DIVERSIONS

9 SEPTEMBER 2003

19

Summer 2003 in review

BY IAN RICHLER

ingly ingenious excuses to put girls rollerblatling in bikinis on the front page.

\Xlut a summer. Those of you who Wl'fl' away on a Human lbghts lnlernslup, installing tlemocracy in Ghana or bolstering 1he rule of hm 111 Burm;l, ~nrc missl·tl a lot. \Xhat, you ask? Well, ll'l's just say thts \\,\S a trying season for l<xonto, what wtth S.\RS, \\'est '\Jile, the blackout, Tmin 48, etc.

Hcrewtth, a brief recap of our summer hor·

Half a million people con\"erge on Downsnew Park for the "S1\RS stock" concert '\o\\ this realh got my goat It\ one tlung to hold a benefit for a gcnuinc.:ly good cause, like alb taring Ethiopian famine or helping Willie • clson poly off his back taxes. It's qwte another to hold a benefit for a rich city like Toronto that experienced what in the grand scheme of things was a minor public health crists. We don't need any charity. Besides, the Stones peaked thirty-five years ago. And tsn't it about time someone gave the Guess Who a little shoulder-tap and politely suggested they form some sort of suicide pact?

ribi!Jts. May Panic grips Toronto as the S \RS outbreak spreads. The Ducic Chtcks cancel their ,;sit to the city.

The Ontario Court of Appeal lcgalJ7es gay marriage. The federal government bravely suppons the deciston. Religious nutcascs predict divtne retnbution for the prune nunister.

Canadian Idol debuts. The premise: talentless mallrats warble saccharine-sweet \\bttney Houston ballads. I pretlict di\me retribution for crv executives.

Bob Hope dies. Apparently he was a comedian or something.

August Much.\fusic offictally stops trpng ami just puts that inane Beyoncc \'Ideo on an endless loop.

Don makes his final decision on IVIJo 117ants to .\larry Mj Dad. I can't remember who he picked, though I do remember car-

July

ing at the time.

Unseasonably cool temperatures force edttors at the Toronto .'iun to dc,·clop incrcas -

Gary Coleman enters the California gubernatorial race. It is sad to ~cc how this

REAl

G&C

Challenge yourself in law.

And in life.

BORDEN LA DN ER GE RVAIS

Talk to a member of our National Student Recruitment Team.

G&C welcomes Nancy Choi and Alex Van Kralingen as 2004/05 Articling Students.

Congratulations to Catherine Oh, who will be completing

poor guy, exploited by shameless handlers, makes his living these days as a parody of himsel£ But wouldn't it be hilarious if he won!

The Great Blackout. Mayor \lei declares

June

We would like to thank our 2003 Summer Students for all their hard work.

L ame TV shows and aging rock stars: how much more of this can we take?

CALGARY Colin MacDonald 403·232·9523

MONTRbL

OTTAWA

Janet casey

Walter DiCesare

514 954 3125

613 787-3509

TORONTO Laleh Moshiri 416-367-6133

VANCOUVER Marketta Jokinen 604·640·4176

her articles at the Crown Law Office, Civil.

Borden Ladner Gervais LLP Lawyers • Patent & Trade·mark Agents I Avocats • Agents de brevets et de marques de commerce

Toronto a "city of heroes" for enduring eight whole hours without air conditioning.

Britney and \1adonna make our at the f\DV \'ideo Awards. At least the summer ends on a high note.

VISUALLY OFFENSIVE

Crimes of fashion

BY JULIA GUARAGNA I firmly bdtc\-e that fashion crimes should be punished like any other criminal actidl)• m Canada. We "hould establish a Fashion Crimes Tribunal, where perpetrators of fashion [011..'-" pili can have their day in court before being subjt.-cted to state-sanctioned makeo,·ers. "Fashion ,-jctim" is a mtsnomer - thc~c people aren't victims, they're criminals. The \'lCtims arc tht· rest of us who must bear '-'i"ttncss to their appa\\mg \ooks. l "frcqucntl) ftnd my10elf \'lsualh offend ed by che f:tsltion nll'<tllkt.'S of orllcrs; on occasion l 'n· C\ en hccn fimx-d to t<hidd m) eyes.

'Ibis article Js not meant tO be a com prchcn~ive treatise on the subject of f.qshion (a Ia tr:~danu on Contratti), anti I don't pretend to be the grand arbttrator of style.

I understand that not C\"el) body ha~ the time. money, or inclination to be St}hsh.

But when unstylish people cross the line tnto fashion crime, I feel compelled to take a stand. ~o, dL-ar rt-aders, as a sen1ce to mvsclf anti en:rrone cl~e in Toronto, I'd like to offer up a btt of advtcc on \\hat not t<> wt.-ar, C\ cr. Actuall}. let me clan f)~ } ou nrc free to ht· \1suall} offenSI\ c m the ptivacy of your own hnme, 1\l• bern known to sport the most hClllou~ neon ydlo" t-shl!t \\-ith bro\vn trim and a huge iron-on picture of 1\.iagara Falls while at home. r\nd the Tnbunal might cut you some slack tf you feel driven ro wear a baggy S\\eatshirt purchased m grade nine and punctuated uith holes for the- durauon of fin.tl exams (thtnk of the Bora Laskin Law Jjhrary as a sort of sanctuary for the styltstically challenged for the month of April). Generally speaking, howc, er, once }OU wnture out tnto pubhc, tt's time to rein in the fash•onj011......- pa1 for the greater public good .

Ladies: \\ith regards to ,;sible panty lines -don't do it. They h.tvc very cute thongs for $4 at Winners. lmcst in a cou pic. If y(JU don't like thong wtde.rwt.":lr, then rou :;houldn't be wcanng clothing tight enough to broadcast to the \\orld your penchan t for fullbacks. And while we're on the subject of underwe2r: do not e.xpose cle-.u: bra straps, especially Mth o ntbe top! )es, I know the straps arc clear, but !,>uCSs what?

111ey're not in\'l,ihlc - we can still st-c them and }<>U're not fooling anybody.

Gentlemen: sporting white socks with dark pants and dark shoes creates a look that can onl} be described as horrific. If rhe.rc really \\ere a Fashion Crimes Tn"bWlal, this ensemble would be the fashion eqUl\·alcot of first degree murder. And whtle '-VC arc on the !>"UbJCCt of white; unless )OU arc in lblZ:t. d<, not wear white jeans, or white pant~ m general. And C\en if )OU arc in \bi:.t.a. do not dnn a S\")ttdo - no\)04..\~ wants to .sce1our .!ituff. Tnht me, On l~urbcrn-: I h11cc to be the bearer of IJJd m•ws, hur d1e Hurbcrry plaid u:en.d 1!:1:; (rhankfull}~ wom out it' \\ clcomc. Unlc::;s you're \\ e-.111ng a trench coat, I do nor want to sec so much a~ a square incl1 of the infamous plaid.

Ladtes, do nor wear stockings with open-toed shoes.. And do not uear opentoed shoes m winter weather. I reali7.e this i-; prublematic tf }OU ha\"c a forma] C\"Ctlt ro

You must invest in a pair of closed-toe evening shoes ... the kind of shoes that say .. , am in excruciating pain but I am fabulous" attend from ( >ctober to Apn~ hut I'm afratd you must invest in a p:ur of closed toe C\"eillng shoes (prefcrablr wnh a stilet to heel and pointed toe - the kind of shoes that say "1 am m excructaung pam but I am fabulous'').

If ) ou arc wearing a sk-irt, do not wear ankle booties - wear lugh boots or shoes. .And just sar. ''no" to pleated pants I am .also conststently vtsually offended hr too·short pants.. If you arc standing up, mnoccot by$tanders should not he able to catch a glimpse of the tops of your shoes.

And for heaven's sake, they especially shouldn't be able to sec your socks!

Nobody rhjnks you're cool when you wear sunglasses in the. dark or indoors.

RathtT. they think you're chunb .tnd pretentious. Also, news Oa~h: novelty t-shirts that say things like, "I'm With Stuptd" arc nCJtlter funny nor cute.

And remember: ignorance of the law JS no excuse for breaking tt.

ULTRA VIRES

DIVERSIONS

20

BIZ SCHOOL BEAT

BY JUDA STRAWClYNSKI Rbrg llx btl/, sthool's bad:. in! To rrlrlmr/t, l II ' pruw/s its tompmdiunJ IM.J:.-Io .rd)llol bllsiu.

'J'hm wmhals ''" bo11nd lo l.>r/p.JOII st!ft!J slrtr through FallStmfJitr. F.'!JUJ!

tti

Fashion Bo»• Tus: 150../95 all larry Rom1 ~or

I

that they ever left, but these ttny, twisted unisex mini-ties will be back big-time for 20032004. Dazzle at cocktail parries and at OCi s with sizzling silk stripes, e\·er-pleasing polka dots, or traditional solid black. Just remember that clip -ons will be as foux pa.r as e\·er.

Relationships Ro!II(O.Y j"litlrl Cburcbills: 130.20 al I...a Casa dd llaba!IO

School Supplies Books Mug111Jitr with Light: 115.99 al Gra11d C:.- Tf!J Jamu Band Morit Posltr.r: Tht Official 007 Colltch'on, by To'!} Nouf711and, 205pages, I# al 'J'ht Pol/try Barn This coffee-table conversation piece provides excellent ili\·ersion from legal texts.

Fa!'.hion aficionados will appreciate Bond as a bow-tie pioneer. Others will be sure to note how all posters are full colour, with almost no accompanying text in the 205 pages.

The ideal study aide for law students, the Magnifier ·with Light is exactly that- a magnifying glass with a flashlight bulb that shines to\\.'llrds the article being examined. The Magnifier marketers su ggest that this product is "perfect for small print," which means that it should be ideal for pretty much aU 3006 pages o f cases that you will be reading this year.

The letter C: not just for crap anymore BYUSA MINUK

BY USA CAVION

\X:htn it's time to blow off steam, take u om on happy, smiley, inanimate Bozo. lie nc\cr gets mad. He never gets e\'en.

I le JU~t keeps coming back for more punishment.

Bozo's pbsuc physique is uesigned 10 bob hack after t.•very slap, punch, or headlock.

(Some inflat i () requiml.)

These flavourful slow-burning Cuban treats arc the ideal gift to share with a special someone. Or for the more courageous and outrageous who ha,·e money to burn, say, "I love you" by lighting up a treat from a limited edition box of Cohiba "A:'s, (S8500/box).

I thmk it was the BriJge that did me in, really. I mean, it \vas midway through, what, February? l'-.ever a good rinK· for anything, except maybe skiing, and 1 w;Jsn't skimg, I was sitnng in a classroom \\ith in~:onststcnt wireless access, listul ing to something that mighr ha\'C been a lecture on the international legal regula uon of life-forms but could just as \\ell h:ne been a cooking demo, for all I could understand. l'herc ts a dark point in some Ia\\ scllO<>l careers \\hen c\ en Solitaire c-an't help, when neither interest nor caffcute nor f~o-ar of the Bridge paper can keep your attention in the room. I hit that point and reali:.red: 1 Am: /Q gft 0111 tif htrr.

1\'ou: 'l11is would be a much better srornf I Jropped out to pursue full-omc tra.peze lessons, or to found a gourmet doggte· treat bakery, or to go on tour with my (fictional) rocker boyfriend. Instead, I just \HOle the G~lAT and threw mvself at the feet of the Rotman JD/~tBA admissions people. (Oh, come on. If l'd m.1/!Y tm!J left the law schooL l \\Ouldn't very well be writing for UV, would I? If you wam big rime life transformations, try Oprah's maga7.ine. Or (Ttnt.)

PLEASE SEE ~ REFLECTIONS " ON PAGE 23

a

o1ce

TM

gram, and registration 11tcy \\ere written on thtck, scented paper, and signed by <hstmglllshcd (and some not so disungwsh~d B hsr t)1JC) almnni congratulaung vou on JOming this "elite acadl'llllC tradt

I'm wnting this notice to annomtcc the existence of C lub, a nc\\ la\\ school soct ety de\Oted enurcly to the letter C Membership 1!1 open to the students who tion." ha\ e seen that letter somewhere on thcu lt''l all a hit muc.h, tf )OU ask me.

I'm not trying to start some kind of trnnscnpts or first yenr Dccemhcr tc:.ts.

No proof 1s rcqutrcu-tt's an honour sys- hugg.111g circle or anvthmg like that. I sec tem. The club IS also open to tho e first the c' lub more as a fun club that func nons as a rc.-tmndcr not to get o~;er­ }c:ICS ";ho e'tpect to receive a C someobsessed Vltth the letters on our tranwhere along the lme.

1\.t clubs fatr, maD) mcommg studems scnpts.

Also, I \\.ould hke to sec the SLS fund \\ere Incredulous. They stared at me, hor C\ cnts for an organi ....anon celcbratmg nfied, and blinked a few rimes-prcsum ahlv to see tf they could force themselves mcdtocre academic performance. J\nu I thmk 1t \\Ould be a neat turnaround if to \\ake up. \X hy, they asked, would any one \\ant to associate his or her nJmc people would he about gctttng C.s in order to attend our meettngs.

Wtth such a dtstlstefullcttcr?

'J'he fceltng that Cs are sh.amefultS Ultl Activities "til Utcludc such thmgs as: C cinema (e.g. Casablanca), eanng vtc\\ing matd} and incxtncably bound up with the culture of thiS law school. The Unl\ crsitv cooktcs, dnnking Chardonnay, plaring of Toronto Facult)• of Law pnJes itseif cards, colouring \\.1th Crayons. \X'c will on hemg the "best,'' the most tnllO\'lltJVC, probably a\'Otd smoking crack, out of on havmg the coolest cluirs, and on deference to our law school roots, but attracting the brightest students. You may one never knows.

Smy tm1cd for notices of our first recall for mstance, rccetvmg ptles of un\\'llnted and unrequested form letters m meeting m Hcadnotes. It will mmh·e cake and, perhaps, n screening of Clueless. the ume between acceptlnce tc• the pro

' ' Students at Ogilvy Renault get hands-on experience right away. As a summer student, I helped with discoveries and assisted on a two-week triaL ' ' Kateri-Anne Grenier kgrenier@ogilvyrenault.com

OGILVY RENAULT Expertise par excellence.

Honours for the almost dead BYKEITH BURKHARDT

•

C0ntniii'C the p<KtKes of Mel.,_ Domon

<llll"Y '*-It SWilley~ Ronoult

ogilvyrenault.com -.ui·OO.WO ~·Toronto

......._ • london (En&tond)

21

FROM THE SIDELINES

Switching teams Bozo thr C/ou·11: 119.99 at &tro run

DIVERSIONS

9 SEPTEMBER 2003

After waiting for a year, I fmally received my first e-mail from a reader Turns out that some f.,>tl} in Boston nameu Chris found my Januar} rant and wants to know my opinion of SteYe Kerr. Therefore, I pre~cnt my first (and likely last) mailbag column.

''Kdtb, C.onyo11 bt!im thai Slt'l'l' Krrr h11.r pllfltd for4 q/ the past 7 i\'8.1! rhanprom( I Jhought ht rthred uvm Jordan quit fi,. Jhe sttrmd tii!Jf... not thai be u:onld .ri11k 3 sfor 1/x Jp11rr in 'OJ. Al.lJ' glf]'S 011/ tbtrr u·f,o )'fill filii~ bditt't' arr still in tbr ga111d ''- C!Jri.r in Bo.rlrm Great question, Chris, but Kerr was not the guy who blew me away. I could not belie,·e that Kevin Willis ts ~till alive, let alone playing centre for the NB/\ champs.

As a result of m} shock, I thought I should create a new award. I calltt the Kevin Willis "Memorial" Award, and will give it to athletes who most people think are dead, but in fact, are still playing at a professtonal level.

This year's runners-up include Stephane r-.fatteau, Todd Gill, and Ruben ~terra.

Matteau spent last season wtth the Florida Panthcn;, but I was certain he left the NHL after winning a Cup with the Rangers a decade ago. Turns out he has been living off the "~fike Keenan loves me and wants me to play for htm rill I'm 70" reputation he gained in New York.

Florida also reccndy stgned Todd Gill to a contract. I remember when Gill played in Toronto and the Leafs were a rudderless team with no

Contenders for the Kevin Willis Award: Todd Gill (above), Ruben Sierra (right), Steve Kerr (far right). upstdt:. Okay, so rhe last half of that statement ts true for any of the prev1ous 25 years. The fact remains that I cannot believe that there arc no better Omen out there than Todd Gill; however, after much research, I found the inside scoop on the Gill deal F1orida picked him up knowing that they can deal him to the Leafs at the deadline when Toronto will claim that he is the final ptece to thetr Stanley Cup puzzle.

Just like Gilmour, Housley and Wesley were the keys to the puzzle last season.

Ruben Sierra almost won thts award. He

dropped completely off the radar in the late 90s and spent as much time in the minors as Crash Davis. \fter a respectable 2001 cam paign, he again disappeared in 2002, only to be "primt· trade b;ut" a year later. \X1hen I think

goaltenders stood between the pipes in Winnipeg. That year, Daniel "the BanJit" Bertluaume and Eluon "Pokey" Reddick had GAAs that looked hke decent law school GP/\s (3.17 anJ 3.24 respectively).

By the time each guy left the , IlL m rhe early 9th, their GAAs incr~ascJ to a solid B+. In fact, in Berthuume's fmal yt.-ar, hts G \1\ was 120.00. That means he gave up two goals \n one minute of action. 1 know that Dtnston V is ucsperat~ ti.Jr a goahe, but c\·en we aren't that Jesperatc!

One would think that these guys would sink into oblivion (or Boli\ ian to the 'IYson fan$ out rhcre) anJ nenr be heard from again; howe,·er, instead of joining Bill Ranford, Ron Hcxtall, Brian Hapvard, and orher respectable goalies on the sidelines, these two guys haYe been riding of Ruben Sierra, buses and the pine in the AHJ.,.IHL, ECHL, WPHL, and UHL for ten I think of Jose Canseco, Kirby years. Each one will be entering their 19th professional season this coming Puckett, and Kent Hrbek, not Derek Jeter, \ernon Wells, October. I don't get it. What is so appealing and A-Rod. about making $25K and playing hockey for The co-winners of the Kevm Willis a team named "the Buzzards"? At their age, "Memorial" award for 2003 are two guys I'd be more concerned about buzzards cirwho literally made me fall off my cbatr. Do cling me than about backstopping them to a you remember 1986? Let's see, I was 8, the league tide. · The nomination period for next year's Charttr was relamoely new (and l hadn't heard of it yet) , the Leafs were 32-42-6 and award is now open. Check the oh\tuarie~ for ST\l.L made the ph.)'<)££... and two y<>ung

update~

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ULTRA VIRES

DIVERSIONS

22

DIVERSIONS

9 SEPTEMBER 2003

Imitation meat a surprising pleaser Cafe 668

668 Dundas St. \\.

(416)703-0668 Rating:

*** *

BY CHRIS ESSERT -(llf ,.IA,.'S Jt4t1 MNt... H/1. ~ 11/)lltr~

T-11. -·

/1.111(, ,. JW.\

Attention all budding scribblers: Are you meaner than Jan Wong?

Then maybe you'd

,___ like to write your very Older than Alan Fotheringham?

own column for UV Diversions!

More pugnacious than Christie Blatchford?

More boring than Rex Murphy?

More vapid than Rebecca Eckler?

\

I

\1} Surly Yet Lovely Companion and I were feellng stck. I had possibl) passed my backto-school cold on to poor SYJ,C, which may, to be fair, go a long \\ar toward explaining her surliness that evening.

We dectded that a healthy meal was in order. Because healthy food and vegetarian food are inextricably linked, at least in my mind, we headed out to Cafe 668. The restaurant is located at an eponymous address on Dundas St W, JUSt cast of Bathurst. It is about a 25 -rrunute walk from school.

Cafe 668 is an all vegetarian restaurant (in fact, I think it's an all Buddhist-vegetari an restaurant, although how this changes the selection of available ingredients is not entirely clear) that plies a neat trade in imitation meat.

As presented on the menu, the imitation meat is "pork," "chicken," or "beef." One variation of the "chicken" is prepared in kung-pu style ($7), and involves a delictous blend of mushrooms, cashews, peppers, and baby corn. The "clucken" was a little rubbery and didn't exactly taste like chicken, but was nevertheless delicious, as was the ili has a wliolc. And don't worry al)out that

censed), 668 is light on the wallet -as we\\ as the trunk.

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little hot pepper icon: S\1.C is Ycry sptce averse, and she found it totally edibk.

But I rna} be getting ahead of myself.

Start off the ntght with an order of spring rolls (three for $3) or, if your tastes swing away from items dccp fried, the summer rolls (also S3).

1be beverage selection is, shall we say, odd. You can have Clunese tea that is free, but served cold. Although I've ne\·er seen that before, I found it good eno ugh to think it was cold on purpose. Cafe 668 also offers Jamatcan grapefruit soda, Olde English Gmger Beer, or (my choice) a fresh fruit smoothie. Three dollars seems like a lot to pay, but the fresh-fruit craziness can't be resisted once you try it. I got SOB-Strawberry Orange Banana. (l'heir abbreviation, not mine.) It was strawberrilicious.

The main courses are orgaruzed as in typical Chinese restaurants: noodle dishes, rice dishes, and "mains." The latter are mostly made of vegetables only, some of wluch have tofu, and some of wluch have the mock meat. Being a lover of the "meat," I ordered "meat" dishes only: the kung-pu, and snr-fned noodles with "BBQ pork" ($7), which I found outstanding, and which SYLC found "pleasantly grease free."

Pleasantly grease free indeed. For what seems to be a healthy Clunese meal, 668 is the place to be. 'lbe establishment is also "clean," according to SYLC. And at $25 for dinner for two (no booze, since 668 1s unli-

Guy Poitras Anne Mundy-Markell Patti MacDonald Brian McCluskey Ron Craigen Michael Mestinsek Martin Palleson

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guy.poitras@gowlings.com anne.mundymarkell @gowlings.com patricia.macdonald@gowlings.com brian.mccluskey@gowlings.com ron.craigen@gowlings.com michael.mestinsek@gowlings.com martin.palleson @gowlings.com

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23

~·

dollo Voce - Tbt'.JIIide.rl go.r.rip from aro11nd lb~: /au•school Who is Mcrril Boden and what h:ts she done \Vith Merril Randell? J\t some point a few months ago. the ~nurce of the thnce-daily e-mail dispatches that, to many law student~. constitute their onlr contact with the world outside their parents' house, suddenly changed. llysterical !:perulation t.•mucd. llad the law school replaced one Mcrril \\1th another? flad the strangely accented Randell changed her name to sound less "ethnic"~ Alas, Sotto \·occ can report that the true explanation is more mundane: ,\terril got hitched 0\·cr the summer and adopted her hubby's moniker, Sorry to break the bad news, fellas.

itarian undertones. One baffled student inmkcd 1984, So'viet soctahst realism, and Kim Jong II to describe the odious opus, which by the way is n:trrnted by Dean Ron D's lovely wife, Joanne Rosen. Intrigued, Sotto Yoce demands a screcmng for upper }ca;s. \~~1addaya say, Acung Dt:an?

Attention gawkers and stalkers! There has been a rash of celebrity ~ightings around the law school of late. And no, we're not talking about low-grade Canadian talent though we could almost swear half the cast of Train 4l{ works at the Mr. Sub on Bloor - but IJOtll.l fitk Hollywood stars. To \Vit: sources tdl Sono Voce that one half of the diminutive doppelgangers, the Olsen twins, \vas sponed inspecting salads at \X'hole Foods in Yorkville two weeks ago. But was tt Mary-Kate o r Ashley? Do<..'S it even matter? Amazingly, at the very same time, in the very same store, the ineffable Fran D~ch~r 9f...11e...L'\~mtn:.inf~mv ra hot> pmg ti>r snacks. \Virll rite tilm Fcsm-nl on

The school sure ha~ malic a hig to-do about Patrick Macklem's recent appomtmcnt to the Royal Socirty of Canada, whatever that is. ~ot to detract from Pat I)'s Tremendous Accomplishment, but how come the bibruigs nL'\'Cr recognized another prof who t>;uncd an e\ en rarer accolade? Gordon Kirke, rot~siglitrr to Eric Lindros and Dolly Parton, who earns a few extra bones hr telling war stories to armchair athletes in Sports l..a\\; wa.~ long ago inducted into the Wall of Fame at the \·encrable I Jousc of Chan swakhouse on Eglinton West, alon!,>l'ide other mover:; and shakers like Joseph Rotman and Thor Eaton- not that you'd know it by consulting the Faculq·'s website. Good on p, Gordie.

Like most third years, Sotto \'oce enjoys bad-mouthing corporate law whc.n among classmates, but spent the summer growing chubby at the l\ay Street trough. \\'bat a surprise it ~'\\S to discover that the hi~;

fums aTen't as co\\cg\a\ a'lo thcir websires u'Ould han: us hchcrc. \\?lc-.n hire i>ack sea.-cm mlkd amund in )w1e. IWUl)'

..

now. more ctH.:ountt-.cs arc: nearly ineYirable. Send your anecdotes :md snap· of them, iilcluding Davies. Lang shots to Sotto Voce.

Michener, Lerners, Aird & Berlis, and OgiJvy Renault, ga,·e rhc hirJ to most o f Speaking of the film fe~ti\·al, Sotto their articling student:.. Baker & \'oce plans to gi\·c it a rniss. Seen one McKenzie didn'r in'itc a ~inglc studen t to heart-wrenching !raman coming-of-age become att associate. Word is that tltc few saga, seen 'em all. 'Ibcre is, howe\'er, one firms that still have guaranteed hircback picture we're d)ing to catch: the law are regretting it. Second years, take heed. school orientation video that Acting Dean Don't be fooled by the free keychains and Brian Langille subjected the first-year liquid paper you \viii rccei\e at the OCis class to last wec·k. Those who saw it place nl..':>.t month. All is not sweetness and light. it in the Leni Riefcnstahl school of filmmaking: ostensibly designed to shore up Got a tip? srudent morale, it is rife with dark author· U7tile Jo Jtlir.l.l7rts@lllforonlo.ca.

Reflections on Rotman "SWITCHING" CONTINUED FROM PAGE 20 It's still a btg enough change, though, m a few respects. The lasr rwo weeks of August are "pre-~ffiA boot camp" for those of us too impractical or too oblivious to have picked up an undergrad degree in commerce, finance or accounting. Smce my economic analyses rarely extend beyond "law degree= years of macaroni and cheese," the finer points of GDP calculation were a bit of a blur at 8:30 in the morning.

And that wasn't the only head fuz7. moment, unfortunately. Over here at Rotman, things work a little differently. It's a ch1nos-and penny-loafers -and· perfectlyapplied-matte-lipstick world. We don't srudy here, exactly, we "develop our professional personas" and "take advantage of our connections base." "Risk" isn't something a reasonable person avoids, it's something you split up and selL And "regulation" isn't- a potential career-it's an impediment to effi-

cicnt value transfer. Plus, for our fro~h week, they're shipping us off to a ktd'~ summer camp to play marketing games and practice networking while dressed up as rock ~tars from the 1980s. Think blue eye shadow, leg warmers, baggy t-shtrts, the whole thing.

But there is one sa\ing grace: 'lbere are answers over here, guys. THERE ARE 4\SW-'ERS! And noc those "there are no answers, except the ones that I've figured out after several years of deep contemplation of the metaphysics of simultaneiq· in contractual obligation" answers, either.

These are bonafide right and wrongs, people.

If you put a credit in the debit column, you have made a genuine mistake, and if you move the credit around, you can fix the problem! (And for what they're charging, I expect they'll have to give us the right solu· rions, preferably in an easily downloadable format.) After a year of n.gue misunderstanding, that's worth all the blue eye- shadow in the world.

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ULTRA VIRES

DIVERSIONS

24

Ultra News: Not-So-Real News From Around the Law School Can 't get enough of your law-ve, babe

In moment of weakness, student questions Mac's monopoly on style, functionality.

The law school announced roJay that it ha~ completed renoYanons to the Rowell Room, the- latest ~tcp tn plans to make tht• room more intimate. Key changes 10 the decor inmked re-upholstering the old grc} couche.s ,dth leopard skin print, putnng tn tinted \\.-indows, and installing disco balls and a Merco that play. non-stop Barry '-"'hire.

Acting Dean Brian Langille explained, "We're trying to get more of our students to start shackm' up. 1\venty years down the line, we hope ro ~ee a whole new set of tiber-students, who are genetically predisposed to sound legal reasoning and who have a connection with the law school" mix it up."

Student.~' reactions have been mixed, "I guess the whole rhyming thing (Mernl although one previously unknown and Cheryl) was a bit obvious," Chiang male student who is now a Rowell Room admitted sheepishly. "But it was just so fixture exclaimed, "I love itl I've been wait· ing a long time to show the girls here that cute.. I couldn't resist." uru,·ersJty adnunistrators first grew sus I larme Stew can srill boog-a-loo!" when a clerk noticed that all three picious - Ro""" Lrry paycheque:; were sent to the same mailing address. Acting Dean Bnan Langille refused to comment except to say, "Don't even get me started on Merril Randeill" "I -Lisa ,\fi1111k

Beleaguered Chiang admits, am Merril Boden and Cheryl Fung"

i\1.crri\ Boden and Chery\ Fung arc both the fictional creations of Assistant Dean Lois

Patrick Macklem, Ghetto Superstar

Chia.ng. ""Busy \aw students don't want to

,

read a thousand e-mails from the :;arne sender," Chiang explained. "You've got ro

Prof~~tn l."':..n.rl:~ lwi..At.lt.l.cn"J

Allll.Uun\..ct.\

to

rhc Faculty /asr week that he is putting his

academic career on hold to pursue h1s dream of becoming a gangsta rapper.

Perfornung under the moniker "P-1\Iackthe normally soft-spoken Attack," Macklem's first single, "I Drink from My Evtan Water Bottle with a Straw," has received rave reviews from critics and colleagues alike.

Other tracks on the P-Mack-Attack's first album include: ""\, o [Professor] Drassinower, that IS \fy Doughnut," ""\,o (Professor] Drassmower, that IS "lot a Beautiful Question," and "Keep those Muthaf*S!in' Bling-Bling Huntin' Corporate \Xlhores Outta My Darrmed Law School or I'm a Pop a Cap in Someonc's A$S\" - U.on"" l1'Y

Daniels: "Did I say Harvard?"

Smce beginning his term as a visiting pro fessor at Yale University this fall, Dean Ron Da01els has been under fire for his frequent past declaranons that the U of T ought to become the " llarvard of the North."

"Excuse me, Harvard? That's like a rental car agency aspiring to be Avis," opined Yale's Associate Dean James Thomas.

An earnest Daniels explained, "I just meant that we're like Harvard in the sense of ha,-ing a more conservative admirustratton and cultivating a system that breeds competition between students and an over-fixation on grades. In every other respect, we completely stnve to be like Yale."

Briefly Noted Third year waxes nostalgtc for registra· tion, bookstore lineups First-year signs up at Club Fair for ALAS, .ARL, CSSP, DLS, ELS, IIJ, ILS, JLE. .\IAPIL, SL\...\1, U\~ and AAC (Acronym Appreciation Club) SJ..S launches website, used book sale, Town I Iall, Great Leap Porwvci ___.,-_..L

hcgm to look the same