THE INDEPENDENT STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW
SINCE 1999 VOLUME 5 ISSUE 2
WWW.ULTRAVI RES.CA
OCTOBER 21, 2003
Tuition rally draws diverse crowd Impact of protest uncertain BYSIMR~D~
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On Sept.17, about 200 law students, professors, students from other faculties, and union representatives rallied against rising tuition in front of the Flavelle House. The event, initiated and organized by Ben Arkin {II), was attended by several members of the law school faculty, including Professors Hudson Janisch, Jim Phillips, Denise Reaume, and Martha Shaffer. Emcee Josh Paterson (III) also played host to a wide range of speakers from outside the law school community, including Rosario Marchese, NDP MPP for TrinitySpadina; Liberal candidate Nellie Pedro; Dr. Philip Berger, Associate Professor at the Faculty of ~fedicine; Pam Frache of the Canadian Federation of Students (CFS); and Alexandra Artful-Dodger of Students' Administrative Council (SAC. ~1echa in attendance included UBC.. racho, the Toronto Star (education reporter Louis Brown and ) phorogrnph<'.r), AM 760, Tht Var.si!)', and Tl~ .Nm<Jf><lP" (formerly The Intkpmdtnl). At the microphone, Plltcrson started tl1c
spct•chcs \\ i~h a c-.ridcism of th~ pro"-inc!al governments deregulatory policy anc.l Its effects on accessibility and career choice. "When Mike I larris was elected, tuition at thts school stood at less than $3,000. This year, entering students are paying $16,000-an increase of over 400%. The percentage of students who decide to take jobs at large firms has increased around 30% since tuition hikes began ... [B]etween my third-year class and the class below mine, there's been a drop of 19.5% in the number of students in the under $60,000 range, and an increase of 21.8% in the students over $90,000," said Paterson, referring to students' household income levels. Professor Janisch then delivered a rousing commentary on the societal costs of privanzed legal education by pointing to the Amencan modeL Asking the attendees to cons1der "a perverted tort lottery system which enriches trial lawyers but fails to compensate most who are injured; a health care system that leaves millions unprotected; an approach to narcotics which corrupts producmg countries by failing to reduce demand but succeeds in crowding jails with long-term prisoners; [andJ a Supreme Court which hobbles years behind Canada in
PLEASE SEE "PUBliC" ON PAGE 2
Students gather outside Flavelle to rally against the ever-increasing cost of professional school education. See pages 12-13. Photo tollrll!J of Simrtn Desai.
Back-end debt relief policy scrutinized BYB~ARKIN
As law students approach graduation, most will face the unpleasant prospect of having to start repaying their student loans. Many of them will look to the Faculty of Law's Back-End Debt Relief Program for help, especially if they choose not to work for a high -paying Bay Street firm. But until the banks start pounding on their doors, most students will have very little idea of how the program works, or if it will work for them at all. In fact, a lot of questions ha~<e been ra.tsed about the effectiveness of the program. James McClary (II), Students' Law
Society (SL.<;) Student Caucus and Financial Aid Committee member, ran for SLS on a platform of rev1ewing the program's flaws. In light of the concerns, the Financial Aid Cornnuttee-<:onststing of three professors, three SLS students, and Assistant Dean of Students Lots Chlang-plans to conduct a rev1ew of the program, and hopefully make recommendatiom to Faculty Council. Some background is useful in understanding the situation: When law school tuition first began to climb sharply in 1998, it became apparent that fewer and fewer students would be able to pay up front for thru legal educanon. In response, the Faculty unplemenred a financialJUd program con-
sisting of increased "front-end" funding in the form of bursaries and interest-free loans, and brand new "back-end" funding to
PLEASE SEE "PROGRAM" ON PAGE 8
UVINDEX • • • •
LLM ADMISSIONS, P3 HAIKU WINNER, P9 TUmON RALLY, P12-13 BOWIE WISDOM, P22
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NEWS
Public support for tuition rally
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·rumON" CONTlNUED FROM PAGE 1
Mage. '1 hen.··~ a lot more data that has to come out." s\ggarwal also pointed out that the pomr may now be mcxJt "given that the Libcr.lls \\ere clcc.:wd on a tuition -freeze platform." cvrhe l.tberals promised a tuition freeze, and we're going to do what we can to hold them to that promise," asserted Ben Arkin, / the organizer of the rally. '\Jonetheless, he believes that the attention garnered by the
ULTRA VIRES
NEWS
21 OCTOBER 2003
3
Students sound off at Town Hall
Skyrocketing admissions to LLM program questioned
BY DANIEL ANTHONY
Students concerned about "factory" atmosphere
recoh'llizing gar right~." his impassioned Despite the academic lea\·e of Dean Ron voice \l."llS drowned out by the crowd's Daniels, the Student Caucus branch of the enthusiastic applause. Students' J .aw Society (SLS) 1s movmg Afrt·r comments from the representatives ahead With its agenda for 2003-2004. At the of the C I'S ·tnd S \(, SJ S Prcs1dent Robin Town Ilall on Sept. 30, a list of pnonries Rix (Ill, stood to comment on the shortwas re\·ealed and iliscussed, which has sillce corning~ of last year's law school accessibil· been illcorporated illtO a letter to the Ity study. The study was commissioned by event will prO\·idc ammunition for student administration. SUi Pres1dent Robin Rix Gm·erning Council in the spring 2002 for lobbyers in front of Governing Council. called this "a wa} for Sl..S to be more proacrt'\iew prior to any further increases ill I..ast yt.-ar, Gm·crmng Council \"Oted 24 to 16 · ove and set the agenda." tuition. Claiming that tuition increases had in favour of the hike. According to 1\rkin, The priorities are divided into six major not mfluenced acc<.ss1bilit}~ U of T Vlce- the ,·ore could easily ha\·e gone the other categories: student affairs, curriculum, Pro\'O~t Shirle~ '-euman presented the way if Governing Council had been conadmissions, accessibility, financial aid, and rt.-sults to law students last 'W-inter, but faced fronted by broad student support for the administration of faculty. In total, 34 priorimmcdwe allegations of bias and statistical cause, rather than just "those few students mes are hsted. manipulation. who were in front of them vehemently arguSecurity was htgh on the agenda, as sevRix emphasized that "lwJc're asking our mg" against tuition hikes. Aggarwal did not share Ark.tn's impres- era! offices have been broken into, including law school to refocus Its commitment on accessibilil}~ to monitor rigorously all statission of the recent protest's impact. "I don't the SL.Ii office and Ted Tjaden's office. tics relating to the socio-economtc condition think the rally was noticed a great deal {by Laptops, wallets, and textbooks (especiall} of the srudent bod}; to formaltze our out Governing Council] because of its timing. those left in mail folders) have been stolen. tt'ach programs to high schools and under· The very fact that lt was during the proVln Even lunches in the student refrigerators graduate institutions. 1b ask people who cial election, meant that governors' atten- have not been spared. The SUi has called turn down their offers of admission whv tions were focussed on some broader Issues for a safety audit of the buildings by the U they don't come here. To reform our back·- than what was going on at the Faculty of of T Community Safety Coordinator. Some end debt program to ensure that no student Law," explained Aggarwal. students at the Town Hall made more has compronused career choices. And above Arkin conceded that the timing was not aggressive suggestions to bolster security, 1 all, to ask the next provincial government to perfect, but for other reasons. "I couldn't such as the installation of closed-circuit renew its commitment to accessible post- have picked a worse day for law students; we cameras in the library. secondary education." had two intensives and several first- and Regarding changes to the curriculum, S;tdun Aggarwal (111), the only law srudent upper- year classes to compete with. But 1 students called for the introduction of set currently \l.ith a seat on Governing Council, was pleasantly surprised with the number of dates for a\·ailability of marks. Last year, but ho\ding a graduate student spot through medical, !!,taduate and undergraduate stu 1 some students had problems completing the)\)/ M~;'\ ptogram, cchocol some o£ UlL"!-c Ocn\s whu turnc(.\ ou\: \hc\r t:\ct'k'P>\up "-t'Ph· ;'""n hc:c.u.uu. fhtu st·nrimenr~: '~\ nwnber of governors, includ Entering students thts year will pay term marks were not yet available. ln the ing mpdf, rJ.i.~cd some 1ssu~ on how acces- 116,000 m twuon. The current series of , Faculty of Arts and Science, these dates are sibility \VliS being measured. \.1:~ are going to $2,000 annual increases are called for under continue to press on these JSsues to try ro get t11e Faculty of Law's Five-Year Plan, whtch tl1cse mt.-a.,ures changed.·• was passed by Faculty Council in the spring When :tsk<.-d about his stand on the rally o f 2002, when tuition was $12,000. The plan and tuition illcrcases, Aggarwal was irresolute. calb for the JD program's first-year twtion "I supportt..-d the rally. It's a 'good way to to rise to $22,000 by the fall of 2006. The express srudent frustrations with the process. S2,000 increments must be approved annual!But,\ I can't be unequivocal and say that I ly by a majo rity vote of the Uni\·ersity'$ would vote agamst tuinon increases at this Governing Counctl.
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pubhshed in advance of the academic year. Greater feedback on academic work is another key point in curriculum reform. .\{any at the Town Hall felt coo many courses have 100% evaluation, making it difficult to idenllfy areas in need of Improvement. The Sl~li has asked the Curriculum Committee to develop guidehncs regarding the level of feedback. In terms of gender ratios and admissions, the largest concern stems from unexplained statistics. For nine out of the past ten years, the ratio of women to men by percentage has been 55:45 at the application phase, while the ratio has been 50:50 at the offer phase. The letter to the administration asks whether there are any systemic factors that favour offering admission to men rather than women. Another item on the agenda was accessibility. The SLS pubhshed a critical response to the Prom.rt's 'Jtudy of Accessibility a11d Camr Choicr that was released in Feb. 2003. This year, the student body continues to ask for an illdependent study on accessibility and career choice. Forever a contentious topic, financial aid was also discussed at the Town Hall. One priority is continued consultation as the law school reviews the back-end financial aid program. rew students are clear as to the way the program works, although there is a general understandmg that the school will forgive portions of loans payments owed by at uc.\ct,t!Jt ...,.,,, • •
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PLEASE SEE "SLS" ON PAGE 5
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acceptances, I don't know yet. We'll have to wait and see what the trend is next year." Yet Dyzenhaus is confident that the pro They are among us. And there are more of them than ever before. A lot more. This gram can handle the number of students year, admisstons to the LLM program at the currently enrolled. The original adrrusstons law school increased by approximately two- target for the Lll\.f program was approxt· thirds. According to the report on graduate mately 50 students, set when the new oneadmtssions made to Faculty Council in mid- year, coursework-intensive program was September, 62 Lll\.1 students matriculated unveiled in 2001. Accordingly, accommodatthis year. This is a substantial increase from ing 62 new students is not a problem, the 46 LL!I-f candidates who started last year, though dus may represent an upper limit for and a major jump from the 1990s, when the adrrussions in future years. "When it looked number o f entenng LL\1 candidates peaked like we might have 80 students accepting their offers, I was losing sleep. Around 60 is at just 29. Associate Dean of Graduate Studies certamly a more manageable number for DaVId Dyzenhaus attributes part of the us." Indeed, any further increases ill the numjump to a significant increase in the number of applicants to the law school in recent ber of LLM students entering in any gtven years. This year, however, also witnessed a year might significantly alter the percepoon spike in the number of students who of the program. At present, there is a con accepted offers of admission. "In any given scious effort to avoid a "factory" atmosyear, the law school makes offers to students phere in the LLM program. When asked based on the assumption that some will not whether there has been any variation in the academic standard within the class, accept their offer," Dyzenhaus explained. Historically, the "take-up rate" for these Dyzenhaus indicated that, if anything, the offers has been around 55°/o. This year, standard appears to be rising. ' 'That's based however, the rate initially jumped to almost both on my assessment of the applicant<;, 80%, before settling somewhere around and also in looking at some of the work 65%, according to Dyzenhaus. This gave done so far this year [which] appears to be rise to the spectre of not having enough of an even higher quality than last year," resources to cope with all entering students. said Dyzenhaus. "Whether this increase is just a blip, or Although the academic standard within whether ir'~ an mdtcarion lthatl the: reputa · the: 1 .l.M p~ognm ~ema\ns high, Gnduatc: uon of the law school {is] encouraging Law Students' Association President Aldo
BY ANDREW PI WAR
Forgtone raises some concerns about the academic resources available to students in such a bloated class. Forgione contends that, "unfortunately, the quality of education appears to be suffering as a result of the absence of any correlation between education policies and resources and the increase in graduate student admissions." In particular, the only compulsory LL\f course, \lternative Approaches to Legal Stud.tes, has turned into a packed class on Fnday afternoons-the only time when a classroom was available. A further concern is the fact that many LLM students vie for class spots in JD courses. Although spots are reserved in these classes by Associate Dean Tony Duggan and Ass1stant Dean of Students Lois Chtang, the increase in LLM students has made balancing positions for JD and LLM students a task fraught \vith frustration. Forgione raises concerns that since prime courses fill up fast, "students, grad and JD, are pushed into choosing less enticillg courses." Currently, the LLM program boasts an illternaoonal student complement o f almost 60%. Those international students currently pay 70% more in tuitio n than do their " home-grown" classmates. This disparity will decrease next year with planned tuition increases, when the difference will narrow
al students, and ne.xt year the rate will be
$8000 and $12000, respectively.
Total fi.nanaal aid for graduate students has increased since last year, but not in a manner commensurate with the increased numbers of students. This may present particular difficulties for LLM students. While the university guarantees three years of funding for all SJD students (whose numbers have also illcreased this year), there is no such guaranree for LLM students. Yet, if anything, the d.tfficulties presented by a large LLM class are felt by the department on an operational, rather than funding, level. A potential dearth of class space appears to be of particular concern. Although some U..M students sit in on courses offered to JD students, these spaces arc regulated by Associate Dean Duggan and Assistant Dean Chiang to ensure that JD students are not excluded, particularly from four-cred.tt courses. Despite the sharp rise in LL~t adnussions this year, the program appears to be managillg; however, a final adjudication of the effects o f the increase will not be possible until the end of the academic year. Until that point, Dyzenhaus encourages a fruitful cohabitation between JD students and their gradwte-student counterparts. "I'd like JD students to view LLM students not as compeotion or as a threat, but as enhancing their to c.,('f'to. Cunc:nd)', domc:t.t\c students \):1.)' \aw school experience," remarked a hopeful $5442 compared with $9242 for internaoon- Dyzenhaus.
Sweet 'n Lowdown Jurrl Law Games
111
Nova Sccma
Ben Aftlcck and J.Lc, "postponing" the
wedding Contnbuters
l.nu'lioun
0
Scotiabank
theory
0
practice
Canathan Alhance and Progressiv Conservative Party of Canada Complamcrs
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NEWS
ULTRA VIRES
NEWS
21 OCTOBER 2003
Downtown Legal Services introduces new practice areas
Judges "cut to the crux" of constitutional law
Clinic poised to assume expanded role in community
Grand Mooters maintain tradition of poise and excellence
from schooL" DLS' other new division is Immigration and Refugee L:m: !'Jorquay, a shift leader in ,\pparently h~n ing recovered from last the group, describes their work as ranf,>ing spnng's aUegatmns of questionable activity from ''representing refugee claimants at in tlw exe·cuti,·c election process and arbitheir hearings, to filing applications for pertranness 10 the summer-student hiring manent rt•sidt•nce on humanttarian and pronoss, DO\\ ntown Legal Scn·ices (Dl~'>) is compassionate ground~, to helping clients mm ing forward wirh a number of miuawith pre·remm-al risk :ls~cssments." mcs. 'I h1s past summer and fall han• seen The clinic is also working toward tncrcas the nddiuon of rwo new civil groups: Cluld ing the im·oh·cmwt of firsr y<.":lr student and hundy, and Immigration anJ Refugee. voluntctrs, something for whtch DI..S has 'J'hc cluuc al~o intend~ ro increase first-year been critiebed in the pasr. To achieve this student \ oluntccr im·oh ement. t'nd, they "arc tr} ing to put more emphasis IM'lSt spnng, Dl~'-' found itself mired in on ha,·ing first years shadow thctr shtft lt~1d contrq\ersy afta ~orne srudenr n>lunreers alleged that the· exc:curin: dc:cliom had been er~ to increast' their practical exposurt'," rarnisht·d by a lack of transparcnc), wJth an explained • orguay. unpuhh~hed vott•rs list and no formal con As ir takes on an expanded role in the trol 0\er the CJsnng of ballots. The issue community, DJ~"i Js prepanng to mo,·e to a was particularly contenuous since those larger office across Spa<.lina Avenue. The new elected 10 the executive are automatically As of February, this will be DLS's n ew street-level location at 655 Spad.ina. Photo office will be called the I :asken Martineau COIIrle-!) of john 1\'orqutf)~ . granted swnmer-srudent positions. J\ fc\v Centre for Legal Services after the sponsorweeks !Mer, others claimed that summer-stu - transparently as possible. We didn't think cerns over procedural fairness. I am loo king ing firm. '\Jorquay is ambi,·alent about the dent hinng had been conducted in a biased there \\:as a significant problem, but we fom·ard to mm·ing on and getting down to move, noting that "the ne\\ building certainmanner, resulting in the rejection of some made some changes ro ensure the appear- the business of the clinic." ly prO\;dcs an excellent phoro-op, especially high!} yualified candidates. ance of fairness and transparency." Getung beyond the controversy has for Faskens; however, I have some concerns John '-.orquay (II), a member of the cur"1\;orquay added, "One of the problems allowed to make some progress on about moving into a multilevd building both rent exccuuve, maintains that while there we had last year was that the mcoming exec- more important issues, like the new Child in terms of accessibility and of compromismay ha,·c been a lack o f transparency, both utive was involved in the process of vetting and Family Advocacy group. "We take on ing the sense of community we get from our the elections and the hiring were conducted initial applicanrs-theu: peers-for interviews. child support and custody cases of first current office· setup."' '\,orquay docs admit, in a fair manner. But because of the uproar This -will no longer be the case. This year we instance in front of Family Court," said nonethc:lcss, that "because we will be right at cau~cd hy the a\\eganonl'>, " \w\e took a \ook wi.\\ also have a published voter.; list [or the ~brisa Wysc (II), a shift leader in the g roup. the strel:t front, we will he more visible, a\ out h.\nn~ ant.\ '-=\t..· '.:\\t ) t'\ ~'->\\c.;; t_o m a\r..c::. c::xc.:c.\.\\\"c. c.\ cc.,,•,n'6. We \·u.,pc th a t th t: " \." 'c "'' " " tlo c .\ucullo n nlallcrs for 'spc<:t,\1 whKh hop~·fully wtll translOlt~ m tn s<·rvin· to sure we were uoing everything as fairly and changes we have made will resolve any con- ed' kids and kids who have been suspended a greater number of clients."
BY SIMREN DESAI
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SLS priorities
with humour and poise in front of a d1stin guished panel and large gallery. rhe moot began with remarks by CoChtcf Justices Sana Halwani and Alex van 1<-..ralingen, followed by those of '\cung D ean Bnan Langille. The court was then called to order as the panel-consisting of \Iadam Justice Louise Arbour o f the Supreme Court, ~lr. Justice Robert Sharpe of the Court o f Appeal, and \1aJam Justice J oan Lax o f rhe Superior Courte n tered . T his year's moot problem was a challenging on e, invohmg the fiduoary duty of the fictional goYe rnment o f Flavelle toward prisoners, and the cons titutio nality of a pro,;sion prohibiung needle-exchange programs in pn son desptte the high rates of III\' I 1\.IDS and Hep atitis C in Havdle prisons. \ frer much research and preparation over the summer, an d five run-throughs \vith former Grand \looters and Professors Grand Mooters pose for glamour shot with esteemed visiting judges. (L to R) Lorne Sossin and Hanush Ste\\art, the Sarah Perkins (III), Ryan Morns (III), Madam Justice Joan Lax, Mr. Justice moorcrs were read}' to face the panel. Robert Sharpe, Madam Justice Loui.se Arbour, Keith Burkhardt (III), Brock Jones '.onethcless, according to Rvan ;\1o rns, the (III). Photo courlt-!)' of ,\ fool (our/ Coi!JI!IIIIU "ability of the judges ro cut righ t to the crux of each argument and p ut the wtakdemo nstrating the skills of our mootcrs. nesscs of the arguments ro the speakers \\'ll5 BY HILARY BOOK This year's mootcrs carried o n the tradition tremendous." in fine form. Keith Burkhardt and Brock On Sept. 23, 2003, the ~loot Court Room A fter the moot, court \\'lls adJourned rook a brief br<.-ak from being a lecture hall, Jones, representing the ~lin ister o f until next year, w hen another group of and was actually used as a moot court Correction...! Services, and Ryan ~1orris and m ooters will rake their turn aq,, 1ing hefore room. The occasion was the Grand .\loot, Sarah Perkms, r<.presenting the respo ndent, a ~hstinguishcJ pane\ o f the Supn:mc Court the U of T Faculry of l~1.w's annual cvclll ' I ra1lbla:tcr, argued their rc-.pccltH~ cases of \=h.vc\\c
"STUDENTS" CONTINUED FROM PAGE 2 ccrt:un figure. 1\.lomronng of the , cotilbank lo.tn program IS nlso on the ltst Man} students have encountt"Trd problem!; with the appltcauon process, and 1t 1s suggested that students \\ntc lettt rs to Sl..S describing thetr dtfficul tles.
Students 1re encouraged to check the Sl.S minute.; m ITtudnolts throughout the year for updates on the progn:~ of the UlllL.lU\ cs. 111e pnontv letter from SLS to the admintstrat:lo~ IS av:ulablc: llt
hllp:/ I sls.sa.uloronto.ra.
Just the facts. Average age of all lawyers in the Toronto o~ce: 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
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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 haYe 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 Catherme Chang, Director of Student Programs, at 416.597.4190 or cchang@goodmans.ca.
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NEWS
ULTRA VIRES
New human rights clinic answers pressing need
UV Brief
Students tackle comparative and international issues BY ADRIAN UU There is .1 new kid on the clinic block. This )t':lr, the International H uman Rights Clime launched itself as the newly mimec.J, forcrcc.Jn course that focuses specifically on international human rights litigation. ·~rhts t~ tht· tirst international human rights chmc in any Canatlian law school." satd course instructor and Intt·rnational I Iuman Rights Program (IIIRP) Director :-.:oah :\o\ ogrodsky. "\\"'e\ t' been on:rwhehncd with rclJUt.'StS to get im·oh·ec.J with human rights cases and controversies." he said. 'The clinic answers a need for international human rights litigation." \Vhilc there arc sewral existing courses that deal with international human rights )a,"; they tend to approach the field from a thcoretictl point of ,·ic\\: In con trast, the clinic gtYcs students the practical experience of taking on a rt-al·life human rights case. Jjke the for-credit courses offered in cOnJuncnon \\ith Downrown Legal Ser\1ces (DLS and Enterprise Legal Sen'lces (El..'>'). students only spend part of thetr time in class. The lnrernational Human Rights Clinic meets twice a week, but i£S format is a far cry from the typical Ia\\.' school lecture. In the first session, srudents divide into groups and talk about their cases, sharing their progrc~!'. am! strategies with each o ther. T he
second scsston focuses on the substantive content of international human rights Ia\\; and tt.~tchcs students the skills necessarr for litigation in tht' human rights context. . Gtn·n tht• umyueness of the course, it \\as anticip;ll t•d there would be plenty of appltcants-and there were. ''J\pplicanon was way over·subscnbed," :-.:o,·ogrodsky said. 'ic> be considered for admisston, stu· dents were n·yuircd to suhrrut a statement of intcre:<t. detatling any relcnnt background or skill~. Thi~ yc.:ar, there arc 14 students in the course, t:ach working on rwo cases. The cases came from a \1lriety of sources. "Some of the cases came from non-governmental organtzattons; in other conttxts, from actual chents,' '\!ovogrodsky said. "Some cases came from the students, as [the cases) were a continuation of their summer work." Although the course's focus is on litiga· tion. the kind of tasks that students take on remains open-ended. J·or '\!ovogrodsk}; that simply reflects the nature of human rights litigation. "What's u~iyuc about human nghts lawyering, is that there is no court of human rights," he explained. "You have to be flexible, because the objectives n.ry. "Sometimes it's just a media campaign to ratse awareness about some tssuc. Sometimes we're seeking an injunction, or eqwtable rehef. Or it could be writing a report fo r a UN comminee, to change gov-
crnmc:nt acuon.'' The clime is the newest addition to the JIIRP, which alrt~dy features internships, a speaker series, and workmg groups devoted to \-arious caust•s. "The clinic is complement.try Ito the rest of the IHRP) insofar it allow~ people to practice as human rights lawyer~." said i\on>grodsky. who is in his second year as the II IRP's director. Hanng had studems come into his office ~aying, "I want to be a human rights lawyer," i\omgrodsky fcc:ls the clinic meets a real neec.J amongst students. Currently, the clinic has three cases in foreign court, inclutling a case that represent:> ;m abonginal group in Belize. As stu· dents will learn, human rights litigation also cngagt•s issues of comparari\·e and intern:~· tiona! la\v. For Hannah Entwisle (III), who is currently enrolled in the clinic, the experience has been nothing but posinve. "The clinic is prmiding me with the very practical experience of rcprescntmg a client or community before international tribunals and courts," she said. "I was amazed that our clients would entrust a group of students \\.lth their claims." At the same time, the clinic meets a • pressing need in the human rights arena. As '\ovogrodsky explained, "In the absence of chmcs [like this one), there would probably be a lot of cases that don't even get taken."
ZSA sells gossip board Succumbing ro p ressure from Bay .;; trect fir ms, legal recruitment firm ZSA has annmmccd that It M il sell irs mfamous online Gosstp/I.egal News Board. The Hoard, which is ,1 popular forum for the discussion of the latest gossip on internal tssucs at Hay Street firms, has become the "vtcom of its own success," sa} s an announcement on the board's web page at uu-u:~ll.m/ m/forums. The gosstp board can now be founc.J at JJ'Il7l.hu:bflz::: ra.
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NEWS
ULTRA VIRES
Program criteria limit access to debt relief "BACK-END" CONTINUED FROM PAGE 1 as.ist gr:u.luatc~ in repaying their accumulat· ed ucbt~. The goal of the back-end debt n.:hef program \\'liS ro allc\'L'He the financial pre sure on ~rudcnts to accept high-paying firm jobs instead of lower-paying public interl.'St pomions. 'i'hC' program opcr.ltl.'S by prmiding mtcr· e~r-frl·c loans to each graduate who t-arns bs than $40,000 pt·r yl';lr and who ha~ ourstanding student loan payments. (her a tenyear period, all of these loans arc gradually forgi\cn, so long as the student continues ro t.-arn an income below the threshold. Graduates earning more than $40,000 are required ro contribute 30% of the excess directly to their loan payments with rhe rest being covered by the Facultr For example, a graduate \\-ith $25,000 in debt and who earns $52,000 just f.1ils w qualif): The program, however, has a number of hurdles that students have to overcome. Ftrst, only government and U ofT student loans will be assessed for relief qualification. Even students who otherwise meet all of the program's cntena will ha\·e to confront the burden o f interest·bearing loans on their own. Second, graduates who begin to earn more than enough to cover their own loan payments for a given year (under the Faculty's formula) are subject to a claw-back and must in1mediately pay back to the Faculty 30% of their "surplus."
Another serious problem arises out of the prorating of the entitlement to back-end debt relief ba~eu on tht· amount of money a\'ailable and the number of applicants. In other words, if too many pl'<>ple qualit)· for the program, each student recei,·cs less ;ud. This problem is compounded by the fac t that the Faculty doc:; not d1sclose the size of the fund (both back-end and front-end assistance draw from the same fund) or the principles used in allocaong it. The Faculty exercise~ complete discretion o\·er the size of, and the principles governing, the fund. This makes it very difficult for students to make long-term financial and career decisions. Furthermore, Professor ,\fartha Shaffer believes that there is no way to ascertain the nature and extent of the program's impact. "If we're going co make sure that we're not ske\\mg career moice, we need to know that we have a working debt relief program. To do that, we need to make sure we have transparency," Shaffer noted. Assistant Dean Chiang, however, considers that students have little ro be concerned about. ''The fact that we have a program with a concrete form should give students comfort," she said. "We're not going to give them a program with no thing behind it." She added that most schools' back-end debt relief programs have this type of uncertainty. She also added that this would become much clearer after the review. This was cold comfort to Dave Khan (II), who emerged from a meeting with Financial
Putting the Grounds of Appeal on trial BY JUDA STRAWClYNSKI Some la\v students thrive o n a 9 a.m. acade mic mallenge, but most thrive on the buzz of the co ffee bean. There is a definite coffee addictio n among law students and faculty, and the source for the ne.xt caffeine rut is likely the Gro unds of Appeal, the law school's quaint little cafe tucked mto
Students should at least be aware if the monopolistic coffee-shop environment is resulting in highway robbery at the espresso counter. Visiting Juatic:ee preeented on current dlaDenges in COMtitutionallaw ove.r port iD rhe Rowell Room. (L-R) Former Justice Grimm of the Federal Coaaritutional Coutt of Germany, lntemational Law Society executive Usman Sheikh (II), Presicle.Dt Barak of the Supreme Court of Israel. Photo CIJifrll.!J uJ
s,., Dulli.
Aid Officer Aladdin Mohaghegh disappointed by the rrunimal increase m assistance he will receive tlus year despite his substantially higher need. He said that Mohaghegh told him that 80 more people applied this year than last for bursary assiStance, and that stu· dents' aid will therefore not necessarily correspond to their need. It is hoped that in the upcoming review of the back·end debt relief program, ques-
FEATURES
21 OCTOBER 2003
tions will be answered and problems will be solved. However, it is still up to students to voice their concerns to the administration and their own representatives. As Mohaghegh put it, ''The whole financial aid program was adopted by students in the first place. If changes will be made, they should come from the students."
Havellc. But the quest for coffee can be a bust o n the budget, with a Starbucks-brcwed large coffee go1ng for $1.95 and cappucono starting at $2.80. As consumers, students should at least be aware if the monopolistic coffee-shop environment is resulting in h1ghway robbery at the espresso counter. \!though it is o ften considered bad fo rm to spL-ak o f "The O ther Law School," in thts invesngation, O sgoode Law provides an interesting compariso n. Osgoodc law students also have their own cafe, yet the prices ar their school are much more reaso nable. Coffee goes for $1.10 for a small and $1.35 for a large, tax mcluded. Compare with $1.55, $1.75, and $1.95, for the Tall, Grande and \'cnti (Starbucksspl·ak for !'mall, mcdt · urn, and large. the thrc.:c k"'"2st fa,ountc tern's
of the f.a:;t fuoJ industq) at Grow1ds of ,\pJwal. ( ln top of nmfiins .md other tn~us, ( )sgoodL' also boasts a ktllcr banana bread for just $1.40. ,\q,>Uahly, n 'IT< t.tx could ht
imposed on Osgoode products. If it costs ar least $1.90 per directio n to get o ut to Osgoode's cafeteria, then coffee really costs nearly five bucks! Still, It appears as though the cafe monopoly at '"The O ther Law School" has had its prices kept in meek. Tim llorto ns, located just a couple of minutes from the law school, ts the student's logical second best to G rounds o f Appeal. When searching fo r something different, most law students grudgingly m ake it out to Tin1my's, and arc rewarded w1th sand\vich lunch combos and the twekc cent Tirnbu. \ quick pnce check shows that 'I unmy's 1s cheaper than G rounds of Appeal by far. An extra-large cappuccino at Tim Hortons is cheaper than a large coffee back at school. The price of a large hot chocolate at Grounds of Ap peal gets a large hot chocolate aild a toasted bagel with cream cheese fro m :\fr. Horton. But smce Grounds of Appeal proudly brews Starbucks, no investigation would be complete \Vltho ut a look at the Seattle scene. It is clear that there has been no price-fixing at Grounds of Appeal T hey have been following Starbucks pricing to the very penny. From coffee ro cappuccino to hot moco late, the pnces remain the same as that at actual Srarbucks franchises. So, those hoping to save some change by headmg to ano ther Starbucks o udet shouldn't bother. Although there are cheaper alternatiYeS \ o ur there, it is clear th at the Grounds of \ Appeal is appealing indeed to the Starbucks ( iroun"\" of
with SLS President Robin Rix The 2003 UV Features Looking for latte? D o not go to Seattle. J ust ask \lana.
Haiku Winner BY JUDA STRAWClYNSKI 'Joday's guest of honour is busy poking ail unsuspecting gloh c)f orange sushi with his chopsticks. Robin R.ix, third·)t.'llr studt•nt, President of the ~tudents' Law Society (SL.~). and \\irmer of this year's Features Haiku Contest, ~cc-. the hidden beauty in all of life's pncious moments. J k brings his or.mge coated chop~ticks to his mourh, and with a subtle sucuon and a slight chomp, Ius sush1 disappears-l.mun fuel for Rix's next work. In hct\\el'Jl bnes of little bits of fish, Ri..-< explains how thrilled he was to be able to submit to l!V\ Haiku Contest. "I admire poetry for its parsimony of words." l smile and nod. 1 h:J:\e no clue what such a statement is supposed to mean. Even nov;, ntrnmg to m) truSt) \X'ch~ter's Encydopacdtc Dtcuonary, 1 ha'\e no clue what Rix meant. But back at Sushi on
Robin Rix (III) waxes poetic over coffee. Photo rourltf) '{( Bcmina 81111. shell. he likes to bask in the ~un every now and then. R<,hin is guarded at fir~-r about discussing his art, but then re\l.-als all. "] failed a grade-four art assignment,'' Rix a.dnuts. "The class \\-as asked to paint anything, so l painted a house in sw1set. I got a four out of ten." With a de' ilish grin. R1x adds, "I ha\c tried to pro\c my tt.-achcr wrong 1..'\ er smcc. l ha'\ e tried to show her and others that my art is worth~." just sc-; enteen sy\lab\cs ts enough to convince even the most cynical of critics that Robin is a bird with a s'l).·eet ,;ong to sing, His words are me\odtc, hypnonc c'\l."ll. C\~..-ar\)' hts gndc four teacher h1" \><.'en ~-rovcn '"""n\!.o ~ "·\' ;a.
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Days of thunder in Flavelle "G~tJ'o11r 1110tor nomin', lxad o111 011 t/1( highWtfJ·· r~kin 'for adr'llllllrr. 11nd JJ-battvtr mmu our ll•!J!"
lf"hv. ( >rganizatic 111 of I .atin American ~tmlents W'hal: Cultur'.ll Wa\'es--two weeks <>f frn: l..atin American cultural t'Vt'rlts, mcluding salsa dancing, food, and political discussions. lr'hm:: The U of T campus lf7hm: Ocr 27 to ~o,. 27 Contact ol.t$.Stgeorgt{u'utoronto.ca or (41C>) 1>78 1700 ext. 946 9926 or check out their website at http:// okiJ.S.I.IIIorrmto.(a.
Whether hitting asphalt \n th f Ieavy ,\Ictal Thunder, riding in the Funkmobile, roiling in a 5.0, or havmg fun w1th Daddy's "!'-Bird, here's how the mo...crs and shake~ at l1 ofT Law get around:
Propssor Pcttr Bmstm -The law smool's absent-mmdcd academic clime has been forced to Ride the Rocket eYer smce misplacing his car. Although a regular "lTC commuter, Benson is still unable to figure our the sub,-.-ay schedule in ort.lcr to :1rrive on time for class. The plus for sruuencs is that they don't need an excuse for being lare. .\lr. Contract Law accepts that students rt-asonably rely on his regular tardiness anu weekly apologies for the subwa\' being late again, and can only be l·xpectcd to arnve late. This y1.-ar's incoming class has missed Benson's ride; he is off the hook from teaching morning classes this :.emester.
Pro/mors Jnthrm)' DIIY,t!,rlfl and Collun Flood-The 'i\uss1e Aussil· ,\ ussicl Oi Oi Oi!" and "Koaias '-ext 15 km" ~\'arnings normally come across as tacky tourist trash. But when proud!) d 1spla}ed on Profs. Hood and Duggan\ l..oYc Bug. the signs come across as endeanng. The couple drhc .1 blue Beetle, a happy car for the happy·go·lucky Down-Und<:r spirit.
IFho: Out of the Cold program lt 7h<~l: :;t;ut of 2003 04 program to prmiJe emergencv shelter dunng the :::!6 coldest weeks of rhc year. \ oluntecr oncntnnon se:;srons be held on Oct 21 for returning \·oluntce~, and Oct. 28 for new 'oluntt.'Crs. U btrr: Trinitv St. Paul's ( 'hurm (427 Bloor ~trect, one block \\est of Sp;tdma) IJ: /!(Jr. On t'\~, 4, doors \\ill be opened ro o1bout 120 people seekmg \l.mnth anu food. \'oluntec..~ art m•cded to prepare and sen~. food, momtor the hall~, and for \,lrious other duttes. PleJ.Sc contact Lows Ffc at (416) 410-6458 for mformauon
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Cot an announccmt·ntt St11dmt grofiJIS. rhlb.r, and ory,anitai!OIIJ em welcome /II annomrrt ((m/(r mffs, reminars, btn¢ts. and other ntnls jrte of cbargr. Pltasc rend ddailr oj the ettnl (ld•al. »11m C:... unm) to 11/tm..rim@ nlorontara. Pftase li11Jil anno~tncrmmls to i; uvrds i11largth. Ultra I irrs
rmnts the right to derli11. pub/isbmg annortnffmtnfs.
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BY JUDA STRAWClYNSKI
W'bo: "Breakmg Do\\ n Barri~.-rs'' Disahtlny I o;sues Con fcrcncc If bat. A wide range of speakers will d1scuss thetr struggles and triumphs rdated ro dL'I abilny. 'l11erc wtll be roundtable discussiOns, \ ldto prcsentanons, and nct\\orkmg pos sibihttcs. I~ bm: B.ahm Centre, the l mwrstty of Toronto II hen: m·. 1 Rcgt:.tcr onlmc at http:/ I mdmdualutorontara/ .r[ba. for S1 '>. attendees \\111 reCCI\ c refresh ments, lunch, and a package of conft:rent'c materials, among uther thing~.
• At Davies we don't make ads- though we do bring uncommonly creative solutions to our clients' critical matters. And to the needs of our students. Tailored practice areas, flexible rotations, learn-by-doing on major files. Visit dwpv.com or contact Frances Mahil (Director, Student Affairs) at 416.367.6966 or fmahil@dwpv.com to find out more about how you might join the 240 uncommon lawyers at DAVIES WARD PHILLIPS & VINEBERG LLP.
Coffee talk
addict. For other. \css-ptcky cafe customers.
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Professor Ed Morgan-,\ n intcrnauonal law proft.'Ssor, .\!organ goes global h} sl:lcctin? the ~lick. styling, Swedrsh \ 'oiY<>. Part Camaro, part Cara\-an, this black box on wheels 1s an idt'al w h icle for the boomer with kids. Proju.ror \ oah J\.ot'Ogrodr-9·-"lhe director of the lnternat ional ll uman Rights Programmt• says "'\.o" to the petroleum·hased cconorn~: lnstl'ad of gomg for hor~cpmn:r, he pedals his wa\ to work, thereby n:ducing toxic emis~ions, the global dependency on h}drocarbons, and his own personal ccolo!,'lCal footprint. ~ovogrodsky can he seen parking h1s two· wheeler, a trusty mountain h1kc, at the law school bike rack. Proftssor ,\1id41d Trtbikock-This law and economics guru has embraced the ~ UV cul~re. llitting the hard streets of the '!:dot \vith his four-wheel power and gas-guzzhng machmc, Professor Trebilcock is ready fo r just about anything.
I ULTRA VIRES
FEATURES
10
HELMUT offers OCI survival tips Dt-ar HEJ.\Ilfl', I'm in first year and I don't know what I'm doing here. Everybody else is really smart and on top of his or her work, they've all made new friends, and they seem right at home. (J"hey've e\'en memorized the damn composite!) I haven't done any of these things, and I feel like I'm falling behtnd. What do I do?
- Duptralt!J Jtthi!P. St!fEstum Dear Desperately Seeking, There is a name for what you're feeling. IIELML 1 calls it rYFS-"First-Year Freak·out S)ndrome." Symptoms can include feehng stupid, reJected, lost or just plain numb-in short, a feeling of chronic nausea which may or may not be attributable to your hangover. HELMUT has news for you. Look to your left, look to your right. Hug the law students standtng there because they feel the same way. (OK, don't actually hug them or you rrught start really experien~ing rejection.) Everyone-tz•tryonl'-in first year is smart, including you. Really smart. Some are just more vocal about it than others. Don't let this intimidate you. Things balance out and everyone gradually finds his or her niche, friends, and way around. The fear you feel is narural in a new environment with high expectations. Everybody is trying to keep up appearances, that's all.
DEAR HELMUT Feeling down? Health Enables Legal Minds at the University of Toronto (HELMUT) offers advice So, stop worr~;ng. Most of your fellow students aren't quire on top of their reading, haven't yet commanded the lifelong admiration of their peers, and still mix up Falconer and Flavelle. And each thinks s/he is the only one in this situation. HELMUT can assure you that it's just not true. Dear HEL.\IUT, After my OC!s, I realized that the law firms hate me. I'm not sure what happened-did I have something stuck between my teeth?
'!'he first is Pre Ordinance: The law firm already knew whom they \\.-anted and just filled up the roster to instill false hopes in the masses. The second 1s Law Firm Jnsecunty: The law firm thought that you would be "just perfect" in a different law firm and that they stink in the areas in which you arc most interested. The third is Interviewer Nerd·itis. You reminded your interviewer of that Jerk who bullied him when he brought a Pound Puppy to school in Grade 7. The last possibility is Randomness: They drew names out of a hat and yours stayed in the hat. Either way, you can always call the recruiters at your favourite firm and let them know that you are disappointed but still tnterested. And remember that many other JOb opportunities are around the corner. Dear HELMU1: What's the deal with these cocktail parties?
sorry enough for you to introduce you to the student-committee members. Heap praise on the firm and its lawyers. Lawyers and law firms are very, very insecure. If a lawyer at your number-one firm asks you what you think of the firm, tell her it's your number-one choice. If you are stuck between a few, tell her that it's very high on your list and you're having trouble making up your mind. Don't lie, because law firms gossip and compare notes. But definitely remember to flatter where necessary.
Nttd to talk u.ilh 1/EU.fUT? Put a qtmlion in the Dtar 1IEU.fUT box I!] the mailjoldtrs. Or if you're jttling down and sttleing advice of the more profmional kind, e-matl dtar_helmut@hot· mailcotn and HEI.MUT (Health Enablts Ltgal Minds al U of T) will protide you with ilifo abo11t on- and off-campus health resourcu. Your privacy will be mpected.
- l\imvt ill 2nd Year
Dear 1\laive, A cocktail party is a social event with much food and drink, during which you are not supposed co drink or eat much. If you drink Coke or o.j., no one will know whether you are drinking or not, so don't wOrt} if you're a non- or ex-drinker. Try to meet as many people as you can. If you are mce to everyone, someone should feel
Opportunity knocks. And sometimes, it advertises. Outstanding opportunities. Exceptional colleagues.
TORYS N E W YORK
TORO N TO
www.torys.com
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11
Defending legal defenders from the comfort of your own faculty
- Tht Unwanltd Ont Dear Unwanted One, Ah, the mystenous OCI process. What went wrong? Probably nothing went wrong, and definitely nothing is wrong ·with you. The law firm is a mysterious and elusive critter. HEL\fUT sent in spies, but they carne back with confused and conflicting reports on the inner workmgs of the Matrix-like system. So, HELMUT will canvass the possibilities...
LEGAL ISSUES
21 OCTOBER 2003
L.L.P
U ofT Amnesty International chapter to take on protection of the profession BY ROSSLYN YOUNG AND CAROLINE WAWZONEK Students involved in the U of T Law chap tcr of Amnesty International (AI) have added their voices to those of lawyers across Canada and the world. Their main cause is the plight of lawyers suffering from threats and persecution for the work they arc doing to protect human rights and to uphold justice in their respective legal systems. Victims of torrure and human rights violations can too easily disappear, both literally and figuratively. Twelve-year-old children forced into combat then imprisoned as illegal combatants, women in Afghanistan raped and forced into marnage, labour activists in South America irnpnsoned for advocating o n behalf of local workers-all of their voices can too easily be silenced by the machinery of states and forgotten by CitiZen apathy. The AI group at U o fT Law has not forgotten, and will not allow the voices of
hope and pride to be silenced. AI 1s a glob· al organization that advocates for the protection of human rights and fundamental freedoms. AI stands in solidarity with people who have stood up for their beliefs and who are at risk of being silenced. The Amnesty candle is a symbol of the light that AI campaigns shed on the atrocities committed by corrupt regimes, sham judicial proceedings, arbitrary law enforcemen t, risks of torture, and other affronts to human dignity. AI operates an extensive and well-respected research network that mobilizes public carnp:ugns about human rights abuses, ensuring that these violations do not get hidden away behind closed doors. A1 at the U of T has recently joined forces w1th the International
Lawyers etwork (1LN), which focuses its efforts on coming to the aid of lawyers suffenng human rights violations. The Umted Nanons (UN) Basic Prindplts 011 the Rolt of tht Lo1J:Yer provides the framework for the rights and duties of the legal professiOn, and functions to protect the essential role of advocates worldwide. The principles include such basic guarantees as freedom of expression, freedom to practice Without fear of harassment or persecution, and the nght to fair and impartial disciplinary hearings. The first two cases that AI at the U of T took part tn with the ILN focused on Dr. Muhammed al-Mugraby in Lebanon and Pedro Mahecha in Colombia. Pedro Mahecha IS acting on a case that implicates members of the
Victims of torture and human rights violations can too easily disappear, both literally and figuratively.
Colombian military in the brutal death of four children and injuries to six others. He and his colleagues have received death threats and, shortly after submitting evidence to the Inter-American CommissiOn on Human Rights, armed men were chscovered waiting outs1de \fahecha's home. Dr. al-~fugraby is an outspoken critic of the Lebanon judiciary and the Beirut Bar \ssociation, particularly on issues regarding the protection of human rights. Reccntlr, he was arrested and held for several days for what Amnesty believes was meant to serve as an intimidation tactic. There has not been any explanation or tnvesngation of h1s detention. On the contrary, Dr. al-~lugraby continues to be harassed for practicing his right of freedom of expression. AI at the Faculty of Law has chosen to focus on protection for lawyers for obvious reasons. The profession into which we arc currently being trained stands on prinoples of JUStice. Students are encouraged to get mvolved, and to help "Defend the Defenders."
GET BOTH S\DES
291iV 61\J\U Of 1"\-\E S1"0R'l The Blackout of 2003:. Conservat\on \s no\ just a maHer for crisis A nc\1. report JUSt released by the Da\ ld Suzuki f•ound.mon entitled Bri~ht htlllrt: lt'Ouiin.~ Blad:;()ll/1 in Ontano illwrunares \\hat Ontano sho~tld already knO\\- tliJI c:m.'rg) c:onservauon and eftiocnC\ mea ~'ICes art rhe "fastC<;t and cheapest \lill\S to soh e Ontano's electncttY crist~ and pre\:ent future blac.kouts." Cntortunatcly, the gmernmcnt's rhetonc followtng the blackout seemed ro focus mainly on Wll\'S to mcrease the suppl) .md freE7e conswncr clcctncif) ra1cs Tht~ 1~ somcthtng] foltnd confustng, ..l~ rushing (() mcrease supph• \\ 1ll only ~en e to increase smog and grcenhousl. gases, as we arc ~uu largclv dependent on l>liC coal fired plants ( >ther8, like KCJth Stewart, J Ioronto hm 1ronmental Alliance climate t:Xpt:rt and one of the report':. authors, hJ\t: argued that this "tncreased suppl) .1pproach" will also lead to "a less rdiablc electncal ")stem and S600 millaon of tax pa}er' money wasted on sub!'.tdies to pri \ate power companies.'' The Suzuki report suggests that the Cabforma conservation approach l.'hould be adapted and applied in Ontario instead. For example, in 2001 and 2002, ( aliformans a\oidcd nearly eight million tons of carbon dioxide pollution, cut their ekctricuy needs by the equivalent of ten pt power plants, Utd avoided rolling blackouts thanks to the most successful state wide conservation campugn eft~
based approoch would fosrer long term solunons. from easmg the burden on the grid during peak use times, ro reducing dtc amount of oil, coal, and gas burned ro create clectnCitv. This tvpe of approach \\.ould al~o enable tax dollars sa~ eel to be redirect cd to the de\ clopment of, and transnion to, grecnt:r and more economicllll} cost cifi c1cnt c;ourccs of <."nerg], like narural f,"ll<; and wtnd power. th outlined m a press release h\ the Davtd ~uzukt l·oundati~•n in Scrtembtr, some of the report's key recommendations for Ontano include: , Jncenttve programs to cut clcctncit\ usc.· among rcstdcnttal and small commt:r oal cusrome.rs - \ pronnce wide pubhc educauon can1paigo to promote conscn auon and effiocnc}' strategies An energy efficienq fund to support research and df."\ elopmcnt, and promote emergtng technologies
Conscr\'lltion coupled ·with research .md de'l'elopmcnt is dearly \\<iut is needed in Ontano. As \l.C k-arnt'<i in the aftermath of the bbckout this smnmer., we are capable of conservation, and 1t dots make a sigmficant impact. Sadly, since the blackout. thing.; in the otv ha\ c returned to the status quo of unnec;ssary waste. Conservation is clear!} the most economically feasible first step to tllluring a .rdiabk electricity supply for all. Coaservauoo IS not just a matter for cnsis. Don't ~ to do your part, as every lit de bit COUOIJ. Plene vwt .,.Mtt;t/s~JU.MJ,/ ~ (or a 6111 cOpJ' of the Brit/11
coaducted Unlike focusing on 10Clea$J118 tht dec tttaty supply, which is quably a~ apprpecb, a COnsetY.'Ibon aad t~
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13 STUDENTRAL~LY!___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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The fight for
I
ideals, tradition,
Canadian
and I
In
Remarks by Professor Hudson Janisch delivered Sept. 17, 2003
excellence.
higher tuition. Do we really need an endless stream of visiting faculty, lavishly catered events, and glossy colour publications which trumpet how great the faculty are and how much the law school cares for the poor and benighted of the world? Law schools should reflect and enhance the values of the society they serve. The most disturbing feature of the incremental privatization of legal education is that its proponents seek to judge success, not according to distinctively Canadian communitarian ideals, but by the
it, the University ofToronto is about to become the best American law and Hal Jackman, Chancellor of the school in Canada. It is not a question University, berated this Faculty for of whether we should continue to being utterly disingenuous when its strive for excellence. It is rather a administration insisted that higher question of what is meant by "excel- tuition would have no impact on lence." I do not believe that we accessibility and career choice. It is worth preserving the should surrender the right to answer that question in a manner which is Canadian tradition of public legal relevant to Canadian society, our dis- education. It will not be an easy task, tinctive legal traditions, and the but one that is surely worth the fight. unique challenges we face in seeking to uphold our values in threatening times. After twenty-five years here, I can
praise
Of Public legal· education
Despite the dominance in that country of the private legal educational establishment in law and politics, the. actunl teach law after an working of the legal system m_ the extended spell as a United States demonstrates that pnvate graduate student at the legal education has failed to protect the Universizy of Chicago. best interests of the general public. I had been impressed by the intellectual Consider: Ineffectual legal regulation rigour of that private university, but had which has failed to prevent massive also been struck by how isolated it was fraud in the marketplace; ineffective gun from the community and by its exclucontrol laws which have led to the sive focus on serving national economunnecessary deaths of thousands; a peric and political elites. I believed then, verted tort lottery system which enriches and still do now, that a university trial lawyers but fails to compensate should serve the best interests of the most who are injured; a health care sysentire community, not an already fortutem that leaves millions unprotected; an nate few. approach to narcotics which corrupts Over the last few years with ever- producing countries by failing to reduce increasing tuition, we have seen a steady demand but succeeds in crowding jails move towards the privatization of legal with long-term prisoners; a Supreme education at the University of Toronto. Court which hobbles years behind The administration has deliberately Canada in recognizing gay rights and a turned its back on the magnificent cowboy Attorney General, John achievements of public education-of Ashcroft (a contemporary of mine which they have been beneficiaries-in at the University of Chicago Law favour of emulating the uniquely School), who appears determined American system of private higher edu- to trample on basic constitutional cation. rights in his war on terrorism. Judged by actual results for most people, private legal education has little to commend it. Public legal education is much better situated to lay the basis for a just and fair legal system. One of the greatest dangers I see in higher tuition is that we will become caught in a cycle in which more and more peripherals
T
01 September 17, 2003, students, faculty, and memhAr~ of the broa~er c~~mu~i~ made hi~Lur y in fnJr rl uf Flavelle House as they staged a peaceful rally aga1nst nst~g tuttton fees · at the University of Toronto. Tr•~ t:vent reached a climax when an impassioned Profes~ur Hudson Janisch stood to extol the virtues will have to be offered to justify ever-increasing fees, which will lead of public legal education. to claims of higher costs and yet As Professor Jim Phillips has put
hirty-fLve years ago I came to Canada to
hrittle individualism and devil-take-
the-hindmost competitive values which prevail in the American private educational sector. Supporters of higher tuition and privatization are determined that we should play according to someone else's definition of excellence. Ironically, not only does this require us to kowtow to an American definition of excellence, but it is a delusion to think that without the billion-dollar endowments which private education has built up over many years in the United States, we can ever be truly successful playing their game. Why get involved in a race that one cannot possibly win, especially if to do so will distract us from what is achievable without compnsmg accessibility? Why don't we have the courage of our own convictions?
attest that this \aw schoo\ has alway!>
been committed to excellence. Excellence is not to be found in flashy and extravagant peripherals and high faculty salaries, but in the quality and commitment of students and the dedication of the faculty to their education. I speak out of a sense of loyalty to this institution that is being led astray by those who proclaim that public legal education is dead! In the dismal, self-serving debate which preceded the decision to set off down the path of radical fee Josh Paterson (Ill) speaking at the increases, two sets of voices stood rally. Photo COIIrllJ.J of Simrtn Duai. out and gave some hope for the future: The elected students of Faculty Council were almost unanimous in their principled opposition (even though largely protected from the full brunt of tuition increases)
ULTRA VIRES
OPINION & EDITORIAL
14
OPINION
Stop and give thanks with a bite of humble pie
Canada risks becoming a "moral free rider"
T
We are abdicating the tasks of alleviating suffering, both in terms of humanitarian assistance and military deployment, to other countries-countries who may be our allies, but with whom we do not always see eye to eye.
I
I
ultra vires Ultra Vires is the independent student newspaper of the Faculty of Law at the University of Toronto.
Editor-in·Chirf Nws DtVtrsions Editorial/ Opimon Ftaturr.r Production Editor Production Asistant Bunnus Managrr CnPJ Editor On/tnt Editors
Bernina "Rambow Brite" Butt Simren "lOS P1eces of Susht" Desai L1sa l\linuk, Ian Rlchler Ben Perrm Juda Strawczynski Emily "Birthday Bumps" Mak John "Dan Hill" "Jorquay Sunrcn "Agam:>" Desru -\nstotle Saranos Da,id Khan, Justin Petrillo
Contributors Omo Akintan, Daniel Anthony, Ben Arkin, Htlary Book, Keith Burkhardt, Lisa CaYion, Todd Chernecki, Ian Disend, Chris Essert, Heather Frederick, HEL~fU1, Professor Hudson Janisch, Brock Jones, Ronan I.-e~>, Adnan Liu, Max Matas, Penny Ng, Philippe A. Phaneuf, Andn:w Pilliar, Robin Rix, Amy Salyzyn, Ken Stuebing, Caroline Wawzonek, Jaime Weinman, Rosslyn Young Ultra Vires is an editorially autonomous newspaper. Ultra Vires is open to contribu tions which reflect diverse pomts of view, and its contents do not necessarily reflect the views of the Faculty of Law, the Students' Law Society (SLS), or the editorial board. We welcome conrnbutions from students, faculty, and other interested persons. Ultra \'ires reserves the right to edit submissions for length and content. Communicaoons Centre, Falconer Hall, 84 Queen's Park Crescent Toronto, Ontario, :\iSS 2CS, (416) 946-7684, ultra.vires@utoronto.ca, www.ultravires.ca Advertising inquiries should be sent to the attention of the business manager at ultra.vires@utoronto.ca
•
Government of Canada does not fully compi}' \vtth the minimum standards for the elimination of trafficking," citing a poor enforcement record of Canadian laws against traffickers and the ongoing usc of Canada as a destination and transit point for. trafficking victims. A gaping hole in Canadian policy relates to Canadian sex courists. While the Cnminal Code was amended through Bill C-27 and C-1S m 1997 to allow for the extraterritorial appllcaoon of our laws related to child sexual exploitation perpetrated by Canacl1ans while abroad, the provisions have not once been used. Contrast our record with that of other countries usually considered peers. Australia, Japan, the United Kingdom, and the United States have all successfully enforced stmilar extraterritorial laws for some time. September brought news of the landmark arrest of American Michael Lewis Clark by L.S. law-enforcement agents for engaging tn foreign sex tourism in Cambodia. Clark was arrested in his hotel room with two young boys, one ten and one 13, whom he was in the process of sexually abusing. Authorities have indicated he may have mole~ted between 40 to SO children ov<.·r the.• p--.st &t·vcn.ll y(•:ars. ·rhc nrrcsr \.V"'.tS
made possible by cooperation between sev era! NGOs, local authoriues, and Amencan law enforcement agencies. The case is significant for being the first to make use of new provisions in the so-called PROTF.(T
PLEASE SEE "CHILD" ON PAGE 15
It's Miller time-and about time, too BY ROBIN RIX
\Vhen Toronto residents vote for their next mayor on 'Jm. 10, I will cast my ballot for David \Wier. I reached this decis1on after considering the policy positions of the three major candidates-the others being Barbara I !all and John ·lory-and reflecting on what the city needs right now: An ad\·ocatc, a thinker, and an innovator. 'loronto's problems are well documented. Six years of amalgamation, l\lel La~tman, and prO\mcial downloading have left it dircctionlc. s and fmancially prccari. ous. On any measure of urban successtraffic, public transit, homdessncss, culture, or infrastructure-Toronto has declined, causing econormc and soctal costs for its citizens, the provmce, and the country. .Miller is the best anttdote for the situation. The reasons lie less with his background-although a Harvard undergraduate degree, a U of T law degree, partnership at a Bay Street firm, and nine years' experience as an elected representative are hardly insignificant-and more with his ideas. They stand out in two ways. First, Miller's economic policy is honest and responsible. He alone recognizes that
15
A reaction to "Leshner's gay marriage end run around Parliament"
OPINION 1
LETTERS
Same-sex marriage: A call for equality, a call to democracy
EDITORIAL
1 BY BEN PERRIN if jobs are not a btg deal for ali, the value of here is a decided culture of things corporate gets amplified at this Canada is running the risk of becoming a complaint at the law school. schooL The pressure is already hard to "moral free rider" m ns foreign-affairs poli \laybe instead of taking the escape. Modesty is a virtue; try exerc1smg a cy. From thc.. L.S. State Department to orcli silver spoons out of our litde common courtesy. nan· Canadi;ms to Amnesl) International, mouths long enough to comAmbition is good to have, and people ala;m bells ha\'e gone off this year warning plain about long bookstore lineups and have every right to be concerned about us that Canada's reputation is sliding. This ovcr-pnccd biscotri, we should take a good their job prospects, but there is a form of decline is particularly acute in the crisis of look at our reflections. Imagine what we elitism at the school that leads people to human trafficking and the child sex-trade. look like to ochers. Imagine what the pubbelieve they have a licence to complain f Iuman trafficking is a multibillion-dollar lie sees in us. 1 whenever things do not go their way. And industry that ensnares millions of \'UineraLawyers are generally despised. We are / that people want to hear about it. Worse . ble persons worldWide. ·The proceeds from the butt of jokes, targets o f scorn, and the public is always quick to blame us for the / yet, they feel they can blame others for world's woes. 'lbts should come as no sur-~ every inconvenience. Sometimes, you are the only one who can make a change for prise, and frankly, the reputation is not that the better. far from the reality. We are competitive The lack o f teamwork, indifference, and amongst ourselves, we are taught to be even h ostility, toward others in the law ad\·ersarial, and we are cenainly vocal about school will follow us into the workplace, our displeasure. and perpetuate all the negative stereotypes So, how have we come co stray so far about the legal profession. from that laudable ideal as protectors of Though law students have troubles, as fundamental rights and administrators of a bunch, we're pretty lucky. We're pretty justice? The problem begins right here at the law school. Perhaps in our blindmg fer- 1 lucky to be worrying about our options vor to ri~e to the top of the class or to land l on Ba, Street and beyond. There are people out there without food. There are the coveted firm job we have forgotten that people out there without homes. The we are, for the most part, in this together. more we complain about tri,·ial thingsWe may be competitors, but at the end of hkc the lack of free lunches-the pettier 1 tno:. u·o~.y, v.;c ·~ro: t.u\\ c.\a!.smate\'o. Our word!\ '"'"·A-.:\ qn ,..,,\\(."f~. (. '),u ~c;''' ""'""' ""\l"-"~ n.•••u-: "N\. W.O\\t'u.\ \n_ \\'\()~ .. ;\f<n\n\.\ utr. anU \<') the \ \h\• \\he\\ t.:nu:rpn c hu.-\ c:;orr\lf~HOn. u\h:r llons. 'l"hmg"' "'c :;ay resonate. pubu~: that 1s already biased agamst \aw national criminal networks, and undermme Ancl too m.wy timt'>', we forget that a be.,rudents and I<IWJCrs. \'Ve are not abo,·e / inf1nt democracy and tl1c rule of law: There tit.> scns1dnrr i.~ in order. It is intcrnC\~ seache law, and we are cerrain ly not above 1 arc also significant human costs. son and ren.-ion is palpable. \ 'oices are other people, no matter the diplomas / Most Canadians who were aware of the buzzing. The problem is, the buzzing may that hang on our walls. W'e are fortunate release of the L1.S. State Department's annube in the cars of those who do nor want to in many respects. So take the spoon out al Trq[/irkin,~ m Pmons &port this summer hear how many interviews you got and how of your mouth and have a piece of humwere shocked by the criticism directed at many things are going your way. And even ble pie. Canada. The report stared that "(t]he
21 OCTOBER 2003
the current tax regime cannot sustain the level of social sen tees required in a decent, liveable city, he alone does not believe that the first ami only source of new funds should be other levels of government, and he alone advocates modest tax increases in order to fund such services. Ontario has just elected a government that recognizes that people are moovated by more than their tax returns; 'Ioronto now has the opportunity to do the same. Second, Miller's social policy suggests creativil)· and boldne:;s. He tackles the collective-action difficulties associated with funding public transit, anil he makes meaningful attempts to address them. He critictze.~ the procrustean funding formula for public schools, and he supports increased resources for the special needs of the ctty's children, most notably language training and disability assistance. lie is also the only serious mayoralty canclidate who opposes the expansion of the 'Ioronto airport, a money-losing endeavour that would tarnish Toronto's waterfront parklands and neighbourhoods. SuggCl;tive of ~WJer's appeal IS the sup-
PLEASE SEE "MillER" ON PAGE 16
BY AMY SALYlYN After reading Scott Kirkpatrick's commen tary on same-sex marriage and Michael l..eshner's participation m this summer's Ontario Court of Appeal case, it was clifficult to know how to react. It was certainly unfortunate that much of the discussion was preoccupied with personal and profes
Asking courts to recognize the equality claims that same-sex couples make vis-a-vis marriage is, at its heart, a democratic move.
sional attacks on Leshner. Same-sex marriage is indeed an important legal issue and such tactics distract from the real issues at hand. At best, such attacks fail to provtde any meaningful contribution to the debate At worst, they can have the misfortune of appcanng malicious. Looking past the mud slinging, however, there were several state· ments m the p1ece that warrant a considered response. While it may be true that marriage "fmds it origins m religion," any serious consideration of the issue must acknowledge that marnage, as realized in today's Canada, operates as a public institution. It is enjoyed by a diverse array of Canadians and is open to the public regardless of what faith (if any) to which they align themselves. Marnage has evolved as an institutton smce this country's inception and its legal bound aries have grown in a variety of ways in the last century. Holding up its historical origin as a trump card does not adequately address
the reality we live in today. Moreover, there are a number of reasons why marriage specifically is an tmporrant and logtcal equality issue for Canaclian lesbians and gays. Marriage exists as one of the most-if not the most-predominant means by which our society recognizes intimate relationships. Gays and lesbians who desire to get married are not asking to be called "straight" as the article unplles. They are asking to be treated as equal citizens. Categorically denying lesbian and gay couples entry into this institution is a denial of dignity. Separate-but-equal registered partnership schemes do not adequately address the problem. While legal benefits and protections are indeed important, so is the cultural capital of marriage specifically. It is not an issue of asking to be simply "tolerated," but of asking to have same-sex relationships accorded the same respect and recognition as heterosexual relarionslups. Finally, it is certainly accurate to acknowledge that differing opinions exist on the issue of same-sex marriage amongst the tens of thousands of inclividuals in Canada's cliverse lesbian and gay population. Indeed, many gays and lesbians may not choose to become married even if it were made available to them. These persons will have a variety of reasons for opting out, as do the si!!,· nificant number of heterosexual men and women who currendy make the choice not to become married. This ISsue, however, is fundamentally about choice. It is inaccurate to cast those who support same-sex marriage as "leftwing zealots" or devious anti-democrats with "personal agenda(s]." In the alternative, a fairer characterization might be as Canadians who think that everyone should be accorded equal opportunity, regardless of sexuality, to participate in public institutions Without the interference of discnminatory legal barners. In this sense, aslung courts to recogruze the equality claims that same-sex couples make vis-a-VIs marnage is, at its heart, a democratic move. Canada embraces a vision of democracy
Child sex-trade laws inadequate "CANADA" CONTINUED FROM PAGE 13
Ad signed into law by President George W. Bush this year. In his recent speech to the United Nations, President Bush focused on the situation in Iraq, but paused to specifically identify human trafficktng as a focal point for action. Parliament needs to reconsider the resources and operation of our laws as they relate to the investigation, arrest, and prose· cution of both sex users and traffickers. They also need to more effectively ass1st trafficking victims at home and encourage foreign governments to adopt better safeguards consistent with international human rights obligations. A s1tuatton in Cambodia in Jwte 2002 makes the need clear: Fourteen Vietnamese
gtrls under the age of 16 were rescued from a brothel on the outskirts of Phnom Penh only to be taken into custody on charges of illegal immigration. The girls had been trafficked into the country under false pretences and forced to receive a steady stream of men-both local and foreign. Rather than getting the medical attention and repatriatton assistance required, they remained in the Prey Sac prison, as reported by the Cambodia Dai!J on June 21, 2002. On the home front, Amnesty International's Oct. 9, 2003 report on Canada highlighted human trafficking as an area for legal reform. Among other things, the report stresses that "Canada must ... work at various governmental levels to create special investigative units with expertise in assisting women who have been trafficked; the criminal justice and immigration
Letters to the Editor
Editors, It's great to see the COO bring on more highly qwlified people. Bravolll However, it sure would help if the incre:asing diversity of the student body were reflected in the office, as Jt should be in the administration as a whole. I think the COO is uniquely placed to provide a decent e.'Cample on the values of diversity. I have had the pleasure of working with the COO on \'llrious diverstty related initiatn'CS, and I am convinced of the commitment-} simply thtnk there are additional ways m which that comrmtment could be manifested. I remember from the fil'e-year pb.a. deliberations in my first year (2001-02) that dtversny m the facult} is a most con troversial issue. As a result. I am choosmg to focus on admirustration, at least unnll'm told to shut up about that issue as well. In my unscienufu: examinatton ~~-ad¥d~~ l1ave poti<;ed aq appalliog lack of divc:m ry. I om teeall having met oae aec:remty of colour. and of cowse there is Cheryl in the Communications Office, but 1 can't say I've seen many others. In fact, J can count on one lund the number of black women J've seen at the law school (that includes visinng professors, speakers, faculty, and administrativt: staff) in my two years in residence. One of the ~·ays the la\1.· school can
convince students and the commuruty at large that it IS committed to diverstry and the concerns of an increasingly diverse student body is to rdlect that commit ment m its ranks. Fnends who ba~e spent ome on Bay street have often commented that the only black people they have eocouokrcd were administratiVe staff. I'd appreciate that luxury at the Faculty of Law.
wen.
- 0/11{) Akilllml (III) 061D is Cll1'mlll! Dll tx&hollgt a/ the Ulfil'mi!J t( tht Wtstlnti#s i11 Blll'bmJol.
EJiturs, It ~-as wtfortw1ate that Ultra Virts could not muster a more thoughtful or erudite comment on the issue of marnage and the inclus1on of gay couples within the mstitution than that of Kirkpatnck's hystencal rant. Instead of a livelj debate engaging the legal issues at play, we were sub~d to a confusing conflation of the author's personal dil>taste for Leshncr (a subject dut is really not newsworthy), an unsubstantiated attack on the latter's reputation wtthin the tviinU;tty o£ the ~~~\W.~
.ideoloskal objectioos to me "left WlDB
aa:ordiog to him. haw .S but overturned our democracy. Obviously. the reality of the .&ssue JS much more nuanced and inte(eating than the caricature presented This reader would appreciate a more erudite and intelligent treatment of the Issues of the day. ~ts'* who,
- Philippe A Plxmellj {III)
that means more than "majority rules", and included withm this is a commitment to equality that demands more than "wrunng for Parliament to get it right". While the tssue of same··sex marriage is far from set-
ded legal ground, kudos should be gn·en to I..eshner and many other Canadians who have put th1s important issue on our country's legal and political radar screens.
systems must actively avoid the re-victimization of women who have been trafficked into Canada." While Amnesty is on the right track with this point, more substantive recommendations can, and should, be made. One proposal for a "Trafficking Victims Bill of Rights" has been advanced by a leading Cambodian human rights organization, the Cambodian League for the Promotion and Defense of Human Rights (LICADHO), and the Canadian based NGO (with wluch I am affiliated), The Future Group. Such a proposal could form a plank in the Canaclian foreign-policy arsenal on this issue. Such a law would, at a minimum: - ProVIde protection of· victims from retaliatton by traffickers; - Reform the criminal processes to bet· ter meet needs of victims, taking into account what they have suffered and the psychological trauma suffered; - Provide victims with legal status in
courts; - Grant trafficked persons immunity from prosecution on immigration charges; - Promote successful repatriation or ensure expedient consideration for refugee status; - Ensure confidentiality of victims as they reintegrate into their societies. Our country can, and must, do more. We cannot allow complacency to govern our actions. Canada is suffering from what an economist might call a moral "free-rider problem". For the most part, we are abdicating the tasks of alleviaong suffering. both in terms of humanitarian assistance and military deployment, to other countries-countrie:; who may be our allies, but with whom we do not always see eye to eye. The impotence of our foreign policy is being felt in the lives of suffering people, and it is in our moral and national interest to a~sist these people. It is time to demand more of ourselves and of our country.
16
Higher law school fees progressive A reaction to "Tuition increase primer" in this context. First of all, htghcr law school tuition is R1smg tuition often cngcmlen; emotional progrrrtitr. This is because lawycrs' incomes n-sponscs, hut I have to say I wa~ absolutt·- arc far a hove the median in Canada. Thus, if lr stunnnl by the inconcen•Jble nature of tax dollars arc u~ed to subsidize our tuition, Ben Arkin's opimon piece, "Tuition increast· o,~,c arc taking from all taxpayers, rich and primer," in the last edition of Ultra Vim. In poor alike, to give those of us destined to be an 2ttcmpt to mjcct some sanity into this well ahove the mnlian income in the future dehate, I shall respond to J\rkin's mischar- a discount today. I wonder how "noble" it aCtl•rizauon of the issue and make the c-.ase truly is to ask someone making $20,000 a year to subsidize my rwnon as a l:tw degree 111 fa, our of higher tuition. is "essential to life." An:ording to Arkin, law degree~ are a 1\ h, but what of those who can't afford "commodity t"Sscnnal to life" and we, the poor and downtrodden masses known as outrageous law school tuition or later purlaw students, are "unfairly burdened" under sue careers outside the private sector? 1 the currmt despotic regime whose decision offer two responses. First, higher tuition ro set tuition rates so high is nothing short also brings with ir increased funds to assist of a war on rhe very "fabric of society." those who arc truly in need. But that is a far Trulj; ours is a case of tragic injustice, and diffcrmt cry from asking the government to society at large should weep for our heart- :;ubsidizc c.;\·eryonc's tuition-whether you go on to Ba\ Street or a pro bono organizawrenching plight. Or mayhc, just maybe, 1\rkin and his ilk rion. Tax dollars do not fall like manna from ht•rc at the law school ha,·e lost touch with tltat unfortunate obstacle to such lofty Ht.-a\·en. Targeting spending on students rhetoric known as "realitr ·• While it is cer- who truly need it-such as those pursuing tainlr poetic to describe each lawyer as the careers in public mterest law-and not givnext Thurghood ~1~hall fighting for the ing outrageous handouts to thme who do very "fabric of society" against the forces of nor, is the mark of responsible governing. institutionalized evil, perhaps it would be The funds saved by not needlessly assisting wise for a moment to step back and revisit the next generation of corporate lawyers not only the truth of the matter, but can be spent where they are truly whcthL'T such an argument is even relevant required-he it on hL-al.th care, other educaBY BROCK JONES
ULTRA VIRES
OPINION
tiona) spending, or wherever. Secondly. law school IS an investment in your future. To suggest that you won't attend the best law school you can because the tuition is somewhat higher than the next law school is the most shortsighted decrs10n one could possibly make. That type of myopic reasoning should not be encouraged or rewarded. ,\rkm wrote in his piece that "tuition increases arc precipitated by the market and are not in tunc with society's or indi,-iduals' needs." This is simply false. A lao,~,1·er may or mar not contribute back to the "fabric of society," but each one also sees great returns to hun or hersel£ Soctal and private returns are not out of sync tn most cases and thus there 1s no call for the level of government involvement he seeks. Paintmg a ptcture of ourselves as suffering at the hands of htgher tuition will not garner us a scintilla of sympathy from the public at large, nor should it. \Xlhatever the case may be for keeping undergraduate tuition low, it is entirely inconsistent ro ask that a blanket ~ubsidy be given to allla\V students. The next rime Arkin or anyone inclined to agree with him rants about the injustice of higher law !ichool tuition, they should take a moment to consider just how respecting of the social fabric they are truly being.
Miller overtime ·rrs· CONTINUED FROM 14 port that he can draw from across the political spectrum. Hts campaign chairs include prc>mtnent figures within the Progressive Conservative, Liberal, and "Jew Democratic parries. I Ie is endorsed by more city councillors than any other mayoralty candidate, by public figures such as Jane Jacobs and June Callwood, and by former colleagues on Bay Street. I did not easily reach my decision to support Miller. Hall is competent and experienced in municipal polincs, and Tory has a deserved rcputauon as an efficient and effecri,·e outsider. '\ieverthelcss, what 1i>ronto needs now 1s a mayor who recogmzes that the measure of a city is economIC health and socialliveabilit:y, who has the professJOnal background to set and achieve realistic goals, and who has the vision to articulate the potential of a city and its people. On ov. 10, I will be voting for \Iiller. I encourage you to review the can didates, to determine the city's prionties, and to vote for the person who best reflects them.
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DIVERSIONS
21 OCTOBER 2003
19
People can be heroes, no matter the circumstances
rhythm. That, I suppose, is the point of this song; rhythm is the Hey. There's a certain thing left over greatest thing about this kind of from Summer 2003 that I've JUSt gotta rock. Trying to hold on for a soulful rock journey, a rolling groove, a get offa my chest 1 'set, Dand Bowie is uni\·er~e, a groove that's becj me f..absolute 'tsdf; for reality as a sound. Rockin the streets of Berlin. !author's notefor more on this supp<>!'eCl r~·thm thirig. request )lie l:icsr, p;qucst do make say think, the Constantines or Broken Soctal ~cene. The Rolhng Stones, 1968 73. E.,ilt 011 Main Slrttl? Oh sweet \!ercy! Bowie's first records m the Se,enties And, along the wah Bowte was kind enough to erect and enshrine b!a~ted bold! · into Space. and founa , a coupla nice points. Ziggy Stardust waiting there. /..t~gy fell One was that the Wall was drato I .arth, birthed a popular but dectdedly bland glamrock phenomenon, sold a zil- manc, drastic reality for many lion records and lipsticks, and remains Berliners. Young Berhners, with Bo'Wie's most popular creation. Bur, for the will to live being suppressed by my ears, I'm much more impressed with ~tate and Country, bore a weight what jollowrd the ugly, selfish, hedonistic of frustrating history, outlawing aftermath of this Stardust ascension and in~tincts and the State, the figure its heavy toll. rith Bowie' fateful and later known to ~orth Americans \·ery personal JOUrney to Berlin, utterlr as "the "Iotal ,\latr, dude" was ever- Ken Stuebing and a powerhouse of 70s classic rock. Photo coumty of Brrnina Bull. lost and out for Redemption, with Bnan marshaling all the young dudes' oppression, registering his own pledge to. / Eno behind the wheel in the late freedom. Bowi~ was thert, and sings for live th ~h this vforij. come w\lat may. Seventies: wh}; that's the Real tripj fhe. us"what he sa\\. ? And, bf CO\Jll,e, the Thin White Duke is In the Bowie song "Heroe. ," true year 1976: an escape from LA, an arri,·al still making great music for roung ears lovers stand divided by thts \Vall. in Berlin, German}: today, after all the years (go listen to Pretty potent story concept, huh? Mr. Bowie's 1977 zenith record comes ~~tn and ~alily, go iW\). I w ith a n u pht.-a.t ritk, I ..n,v, :.ln t.l a ftun ou: h T h ey're \o"Vcn;, a n d tha t ' " '\ fact '\"hcy're .\ · wa o aWKward, ~i.n -\· t a 'lk>castark, orangey album cover: A somber lovers, and that is that. But get this: c I'll c nd~c"'by offering my.J) reaProfile shot of a skeleton-thin DaVId '-"sons for this li'l critique. First, 1 JUSt want Thot{f!,li 1101/Jirtg, Bowie (mired in depression and ailing Bowie's lovers arc on a similar mis - to flag for all us young dudes tl1at there:~ 117ill k.up u.r to,~et!Jtr, health, dude somehow still manages to sion, to rise above futilit} and become a much, much more poignant version of liVe could slealtimt, have perfect hair!), in a stylish frame liftsomething more. Bowie's lovers meet at "£ Ieroes" than the probably-more-familed <lirectly from Bowie's eptc Sc1 Fi ft.lm, Just for Ollt df!Y. the wall, in a climactic verse for which iar-but-infinitely-bla_nder-pointless. "The ,\Ian Who Fell To brth." f-itting For tl)(r and tt't:r, the singer's voice has ntz•tr sounded e\·en-1998 take by the Wankfloweno. touch, as this htghly recommend stronger or more emooonally charged: Check it out! Second, [ahem), we should ed albeit weird, weird, wrird ftlm not be deluded that the twentieth centu[, was Bowie'sfinalkiss blown to LA. ry's darkened history will not, could not With the title appearing above tlus profile I rtmtmbtr, IFhal d)ou I'!'J repeat. There arc many foreboding ~igns shot, the cover, see, is a \isual pun: a mcsStandti1g, that we have embarked a very dark and sage that Bo,,ie 1977 \nshed to keep a From all the bloody Hegel in underBy tbt u.'tl/1.
BY KEN STUEBING
~ithii1
stri'vin~
0 fA !J fJ
We can be HeroesJ
We would like to thank our 2003 Summer Students for all their hard work. G&C welcomes Nancy Choi and Alex Van Kralingen as 2004/05 Articling Students. Congratulations to Catherine Oh, who will be completing her articles at the Crown Law Office, Civil.
very !..ow Prqfilt, thankavermuch. Low is a classic brand of menacing pop. The first side is squeaky clear and very, ver bright; and I' till, on rcalil e there's much lTIOrt: snaatw: than li~ht to this tone. And 1t's mostly .tlk tone, his voice from this record through the f111al two "Berlin Trilogy" records, "/ lerou" (Look! '\Jote the quotation marks! ~lore on thts later!!) and I..odgtr, wandering a very dark present (coincidentally around the same tune I was born,) determined for light. Darkened streets, clubs, deserts and histoq. Espmalfy darkened history. The Berlin Wall fell in 1989. In Berlin in W78 (the place and time whereupon Bowie rfcorded hi alb,uri,.."//fr#e '~ 1h I 1/ "" Wall was very-much-upright, still impos· ing confinement, imposing on choice and freedom, for many people. I know this for sure, beca ·e of David Bowie's story
grad, I do tend to key in on the word "nothing," when it's used. I mtght find everything (and then nothing) 111 that s111glc word. F'rinstance, I reckon that othing, 111 context here, is Oblivion. Absolute Zero. Death. Y'know, "For e\·er and ever." Thts song is dangerous. Rebellion can be deadly. This whole verse is a Dare, a dare between the lovers, a dare to the hstener to empathize with the lovers' pact Still, I'm not ske what does with stolen time. Wbos~ riltle? 'they Meal thClr own time; they steal their own future, desperate lives from the Earth. Deliberately! \Vhy? Why would anyone reach out to lirt.Jo-? d~th? Bowie offers that by l. V I reuniting at the wall, crossing, meeting and especially by touching, they can have pro\·en the fallibility of the system. Others will know. It's not every State-
vnct
TIJr guns, Shot abot't our htads,
fearsome century: WfO world order and Yankee Imperialism, a climate of overt And 1n kisstd, ractsm and paranoia, Bill C-36, Western As tho11gh nothing couldfall, ~rates suppressing and cnminalizing all / 1ml tbe shatnt U.'OI 0!1 tht olhtr sidr, forms of dissent in favour of monolithic Oh we can beatlhttn, corporate rule. ) For mr and mr. II \II of us t rhis Ia() school are bus// T!Jtn u.·t ca11 he 1/eroes, making choices about how we want to Just for one Dqy live, about whose intere.~ts we want to serve. Quoth Bob: "And keep your eyes The ng docsn' ~ui~~ay, but I think r~~ide the c~;nce . wcfn't come ~gain." thet n'r m3.Ke.lt rllroU,gh thlr . y I I hC$c B 1.~ D have dramattc and ic gesture alive. "[his is why they're not very real consequences in determining plainly heroes, but "heroes." Lovers are your role in an impending political order. tragically gunned down by State bullets, ~foreover, other people are influenced by while proving that their love 1s bolder our individual choices. Basically, then, for than politics, regtstering that love is all the fe,"· of you who care to see better you need. Their need for lo,·e and under~ \\~lys for Canada and Earth, rely on your standing was more than their need for a artistic inspirations, follow your heart regimented life under an inequitable · ana thallenge the wall (whatever it might order. They dies that others miahtrhll~ / (!>e fo l u). Stand and be counted for all a cause to hilly atound ~till, Bowie's quo- that you behe,·e in, and you can be a hero, t!Hlon marks may suggest that it's more forever and e\·cr, to more people than h roic to survive through pain and you think.
J
7
J
Weathering the shame BYJAIMEWBNMAN So }Ou\e finallr got to face up to u: You're
\\'lUltc<.l a<.! ending with "English Dt-grt:e ReyUire<.l." But that Joesn't mt:an other people have to know that. Tell people that as s<X>n as you ~ct up your practice you 'II h;l\·c Ernie Eves thrown in irons an<.! shippeJ to Siberia, or that mu intend to prove once and fi1r all tlut the "c..an.Jt!tJ 1-leu/th Art mandates free machine guns for aiL ("How can you keep your health without weapons to protect it?'') Pcopk- willyuite rightly think you're an tdiot hut the\' won't dare say this out loud. Thl1:'11 tmu }:ou with phony respect instcaJ. r\nd if law Isn't about encouraging gemal hypocrisy in one and aiL I'd like to know what It does stand for.
a law student nm\: After spendUlg your undergraduate )~~:. in somt· 10\'llhle, well· n~pcctt·d dtsapline hke English or mathematics or Sewage Planning, you lookt·d around and rt"alizt.-d that there arc no JObs for anyone from a well respected or cn:n mildfy respected disciplin<'. So you adrniltcd defe2t and sih>ned up for tht· disapline you used to despise; side by .side \\1th the tort spouting students you used to ludt• from under the common-room ~ofa. ~un1\ mg the gruelling work is not yet an i.~SUl' for you; you're still protected by the all· purpose motto, " f ley, I ft":lrncd about Knnt, 4. THEwDRUNK"SOLUTION how hard can this he?" For nm\~ the rc:tl For ohnous rt.":lsons, thts is the most pop problem is hnng w11h the knowledge that you have become the natural enemy of onh- ular !'Oiution among human beings who are nary, litig.tuon-loarhing people who want ro trallling to become lawyers. Jn English or sec Alan Dershowttz fed to st.tn·ing mathematics or some other discipline you actually liked, the attitude to drinking was Chihuahuas. ,h a law student, I musr say thar that.' art• simple: You drank when you got together no simple solutions ro this complex proh- with your friends. But Jaw students have no lem. But as a normal person, I'll say of roursr friends, only competitors for a spot on that thl·rc .1re simple solutions. 1\nd here they arc. gmtt big B-cun·e. So when do you drink? Choose one or two in \'llnous combinations. \Vhenever you han: a chance. ;\nd l'\'l'll AttcmpL-: to adopt all these :-olutions at once when you don't han: a ch:mce. Your schcd· may lead to your becoming a Ycgctahle or, ule should be as follows: c;od forbid, Da\'id E. Kelley. 7:30 Get out of bed, brush teeth, drink a beer (not necessarily in that order). 1.lHE MSElf·KAllNG lAW Sl\IDENT" 8:00 Subwar ride, sip beer through SOlunON straw from old Smurfs thermos. 8::)0 Arrive at first class, drain thermos. One v.ra)' to dea\ ~'ith )'Out ~hamc il> just to front of \\S \"<>..'1>\\>k. \ ._,\\
\\y n< >W you arc read)· to enga~<: i.n ..p\rit<·d
them thar Ia\\' is for soulless p:uasires :md thug-acquitting mollusks. joke char you'd like to sec Dan from 1\~~bt Co11r1 as the new I J.IU • tllld Onkr D.A. ,\fake up dopey catchphrases ltke, "Valiant defenders of \iolent offend · ers." In other words, say eYery rotten thing about lawyers before someone else has a chance to say the same things about you. Be careful, however, that you're not saying all this in front of a professor, the head of a law ftrm you want to work for, or your parents, who might wonder why you didn't tell them this before you got them to help pay your fet'S.
ncn·r do while sober. 10:30 Second class. Before pro fessor calls
",\ l\m\\ \1, at. n{\cn, 'a!> \()U<\\'j, anu \n nYA\\Y
ULTRA VIRES
DIVERSIONS
20
u.n'>"\\m.g
\\'1>\\:t'lC~f> a..
2. THE "DENIAl" SOLunON The easiest solution to any problem is to act as though the problem doesn't exist. 1)on't act like a lawyer. Don't think like a Ltwyer. \\'hen you're not in class, go 10 for nostalgia trips by reading books that relate to your old disciphne, and spend your tvcnings at must.'UillS and concerts to remind yourself of the existence of art and culture and other un la\\1'crly things. OnJr get involved in class discussions that you can someho\1.· relate to your knowledge of useless pop-culntrc or geographical trivia. In other words, li\ c your entire hfc as though law school had nL·vcr happened. You ·will, of course, flunk out, but if you choose to adopt this solution, the wsult w11l he what you secretly wantcd, anyW:t}:
3. THE "SOCIAL JUSllCE" SOLUTION The only pcoplt who arc actuall} in law for the cause of social justice arc ideahstic prune-heads hke a) social-consen·ative loonit.'S, who intend w talk and talk until judges outlaw abortion just to shut them up, and b) anti -globalization box-braim, who wam to help Third \X'orld·ers lose their jobs. ,\s a recogniz.ably sane human being, you are in law only because you have yet to ~c:c a job
U...:.\>'Ah.:.
W\\h
\'lt.U('-""&t.ut:, w-\uL\'\ -yc.,u wou\.._\
on you, start in on hidden flask of cheap hquor (techniques for hiding flasks can be learned from The L..ast rr~erkmd, in some ways a more \·aluable movie for prospective law student~ than The Paper Chast). 12:00 Beer break. 2:00 Third class, preceded, followed, and in-bef\\:cencd by beer. This can only help you academically, by the \Vay, as professor ,,,.ill think your response of "Mary had a little tort,/ It fleeced the white as snow" is some new postmodern approach to legal theory. 5:00 Look around for food, find none, settle for beer. 6:00 Type up notes, dtscovcr the typed version is more incoherent than the wntten notes were. Drink more beer. -\h, nou• the typed n:rsion m akes sense 8:00 An extra dose of beer 1s reqmred to understand tonight's cases. In fact, you'll understand them better if you pass out while rL'!ldmg them. 10:00 Pass out. An academically fulfilling endmg to a perfect day.
5. THE "REVENGE" SOLUTION Just attend the classes, take the notes, read the cases, write the exams, and keep telling your~el f through it all, again and again, "When all this work is over, when these thrte hellish years are up, I will know about law... know all about law... know enough about law to sue every bastard who wouldn't give me a job with my undergraduate degree." Just think lovely thoughts of the financial ruin you'll bring on all those who could have ~·en you a n:al career but didn't. And come to think of it, isn't revenge acrually btlter than having a real career? There we have it. It's good to be a la\lo:er after all.
Is law school for chumps? BYUSAMINUK I rt.'llked out about OCJs? \X'h\ bother!? I lad thL'Se celebs stuck to briefs and book ca~es, orrh Amcncan pop culture would be C\ en mon· of a barren wasrdand than
it alrcadv 1:>. In bet\\ t•en carters as a railroad ftre man, msurancc salc5man, fer!}· operator, and nrc salesman, Colonel Sanders, of chicken fame, studied law by corrcspon dcncc, and subsequent!) practiced as a JUS uce of the peace. l'm\ei-slt\ of Cambridge ~eems to be a meca for s.:Udcnts \VIth frll'<trated crenti\ e scnsibilittes. :\font} Python alumnus John Clecsc and schmnltz spewing crooner
J u lio lglesias arc both Camhridge-tramed b1rristers. Before becoming the first Hi~panic man to host a naoonallr S} ndicatcd talk show, Geraldo Rivera obtained his 1;1\\ dlgrec from the !Jmvcrsitv t)f Pennsyhania Luw School. \\'ho <>ays then; nrc tH) uuellectuals hosting trash TV;; Our \CC) 0\\11 Toronto ~laple Leafs ,ue run b) a roster of Ia\\ degree holders. I lead coach Pat Quinn, Team Pres1dent Ken Dryden, and Gct1eral \tanager John Feq,,.,•son Jr. h.l\C all rccel\ed calls lO the Bar. So, consider droppmg your concerns about sununaries and summenng. Instead, start acntaU) thinkmg outside of the box.
21 OCTOBER 2003
21
DIVERSIONS
FROM THE SIDELINES
A woman's guide to Sunday love BY KEITH BURKHARDT Many of you know that during this past summer, this Sports Guy got himself a Sports GaL While our courtship involves the long walks, candlelit dinners, :tnd three·hour phone conversations common in most rcla tionslups, a clincher for me is her complete Jove of '\oll footbalL Yes gu)S, I found myself a gtrl who understands that Sunday 1s for re~t. Md rht· best rest acti\·ity is watd1ing hack to-hack to·back football games. I dedi cate this column to all the ladies out there, tf}ing to find rhc dream guy. This is my baker's dozen of the "what's what" of foot hall. Usc these rips \\iscly, and you can rl·ach ''paydirt"-without having to go for two.
1. h>otball starts at 10 a.m. on Sunday morning and lasts until 12 a.m. Sundav mght. End of story. '!be day starts 'With "I .SP'\ the Reporters," then progresses through "Sunday NrL Countdown, ' the early game (usually the Buffalo Bills on CBS), the afternoon game (usually Fox), "Sporrsccntre" (because we need to know whar else happened in sports), "'\I•L Primetime," :md, finally, the Sunday-night game. 2. ;\Ionday '\Jight Football f'MNF') is a recognized starutof} holiday in m:my countries. It must be watched with other guys, and while we are sorry that Ally McBeal got can celled and you have nothing to watch, we will pay for the first round of lanes if you clisap pear with your friends for three hours. 3. lmrned.iatcly before and after foo tball,
we must be given access ro the Internet for f\\:o hours to check stats, post messages, make trades and complete other Fantasy Football activttics. 4. Football reqUires food, and lots of it. We generally pace ourselves through rhe day, wluch means that by mJdnight, we will have
Arnngton, and Lisa Guerrero. \Xe will make you a deal: If you don't mention the nght butt on the quarterback, we avoid the sideline reporters and cheerleaders. 6. Learn the names of the teams playing the game. Unless we can reft•r to one of your friends as, "'ll1at great· looking blonde in the
'"ill
Jill Arrington and Tom Brady are fun to watch, but let's keep it to ourselves. consumed: Two racks of ribs, one Philly red shirt," you are nor allowed to refer to the Cheesesteak, one medium pizza, 24 ch1cken "Jew York Giants as, "The blue team with the -wing.;, one bag of nachos Qoaded with grey, nght pants." 7. The score is always announced With rhe cheese, hot peppers, and bacon), one bag of potato chips, two containers of dip, o ne bag winning team first, and rhus, the score IS never 3-7 or 9-16. H ow would you like it if of popcorn, and a half litre of ice cream. 5. Yes, Jason Taylor, Brett hwre, and T<lm we said that your jeans were a 33-24? S. Never make fun. o£ the Gn:..,o. \\ay Brady arc hot. But ~;o ;u:c Melissa ~lark, Jill
Packers, rhe Lambeau Leap, or our awful attempt at saying, "The frozen tundra of Lambeau Field" in a deep baritone voice. 9. When we tell you rhat F.mball adnscd lt.~ to ~tart \fare Bulger at QB in a fantasy league, ir 1s like you saying, "Yesterday, Dr. Phil said . .. " 10. \X'e need to sec e\·ery rcpby 12 time:-.. 'I bar is the only way we can truly recreate the scene in the hing room and continually cntici7c the guy who missed the hlod:. 11. Chris Berman is a legend, and wlulc we \\ill never perfect an inut,IUOn of htm say mg, ",\like 'you"rc in good hands \\ith' 1\lstott'' or "Curtis 'my favountc' ~ tartin," \\ e must be allowed one free try t'\Cf}' Sunda). 12. The teams alway~ run up the middle because of strategy. I could dedicate an entire column to it, but the point is that if the othcr team knows you are going to throw, they will cover your receivers all the rime. You nm up the middle to keep them hcmest. 'rou don't expect to get 75 yards on each play .. you just want to keep the defence on their roes. 13. Let us go to one tailgate party during our lives. You get double points if you forget the diet and dig in with us. That's it Thirteen \lo'li}'S to please your favourite gur-not to mention look like a complete goddess in front of all of his buddies. There are still about 14 weeks left of footbalL That should give hun plenty of time to fall head over heels for the 'IFL girl of his dream.-;.
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DIVERSIONS
22 BIZ SCHOOL BEAT
,
ULTRA VIRES
DIVERSIONS
21 OCTOBER 2003
Getting your Phil of BBQ
Is this existential angst? BY USA CAVION
And the deeply. deeply trivial nature of offimJ and otherwise) leads to your, cr, my, hfe opens up hke something stunning inefficiencies, as one h \\'liS 9:30 Friday night, :tnd I was bawling out of a Beckett play, bur with more words would expect in any such blindlcading·thc-blind free-for-all. in the Heck Atrium. and better suits. Don't get me wrong-this wasn't ~orne I'm still trying to resign myself to our This is rather unpleasant for me, privmc "aren't I so intelligent and sen~iuve bizarrely Do-lt-Yourself approach to lc:arn- given mr overdeveloped sense of that I \\'Ould cry over a bad quiz" moment. ing. Our economics prof wants us to learn my own mortality. But it must be This was me in a room with six (r2pidly d11ring our quizzes, our finance prof expects even more painful for those with fh·c) guys sraring, baffled, at a probability to fi!,>Ure it out while completing assign- some faith in the inherent ratio tree. ments, and our accounting class is half pre- nality of the business person and I can't, at the moment, imagine a more our natural tendency toward demoralizing academic experience. I mean, value maximization and blah blah probability is something you sorta lt:arn in blah; we're on a B+ curve here at grade twelve: it always adds up to one and And the deeply, deeply Rotman, but unlike law firms, you can do it in about ten seconds on a only a handful of companies care trivial nature of my life computer ifyou're clear on what you're supto review ·our transcripts. In posed to be calculating. If you're not clear, opens up like something other words, not only is it next to though, you try to hash it out, and then poll impossible to fail, but there's your peer~ to sec what they did, and then out of a Beckett play, but really no ranonal justlfication for you compare your answers wJth theJrs with more words and better spendmg a lot of time g11essing at (mqybt it'sj11sl an adding trro~) and then you the correct answers. (From a argue about what tbey did, and tbcn you suits. pedagogical perspective, after all, vote. Yes, you vote on tbe numbers-very It makes far more sense to wait corporate, no? And tbcn you argue some until the answers come out, more. rather than argue one's way into Then maybe you realize that you've been sentations, which arc, indeed, every bit as believing :tn incorrect principle.) stuck in this auditorium till nearly midnight exciting as one would expect. It's a teach- Anything above the bare miniseveral days in a row for one not parncular- yourself, teach-each-other method that mum of investment of time is ly good reason or :tnother, and you start to would be far less aggravating tf they both- stunningly ineffie1ent. The busiwonder why you're in a middling program ered to teach us a blt more first, or at the ness leaders of tomorrow have at a middling B-school till the middle of the very least expected us to skip class, which apparently never heard of the night. An MBA is not tvtn a real maJttr's would be more efficient. law of dirrunishing returns: dep,ru,,you know. The preponderance of group work (both caveat investor.
23
Phil's BBQ 838 ( .ollcge St. (at Ossington) (416)532 8161 Rating:
*****
BY CHRIS ESSERT In the interest of keeping things interesting, 1 thought it would be appropriate to follo\v last issue's review of the vegetarian Cafe 668 with a review of a more carnivorous place. 1\nd if you ask anyone in the know where to go for a meat-cater's feast, you'll get one answer: Phil's BBQ on College. Actually, you might also get "Dipamo's BBQ," which is what Phil's used to be called. Uptown types would recommend Phil's BBQ on Eglinton. We're all talking the same language here: Phil is a genius of the slow-cooked ba.rbeque. This isn't barbeque as a verb-as in "I like to barbcque hot dogs." This is barbcque as in a noun-as in "Hot damn! I sure do love that down-home barbeque!" And I do love It So what are we talking about? Let's start with the sides: Every plate comes with a delicious cidcr-y coleslaw and a ~erving of baked beans, flavoured with a sumptuous addition of pork. Th.ts is as close as Phil gets lO ~en-ing a vegetarian mcal-in other words, not very close. There are four main-course options. First, J~>u've got your chicken ($12)-this is what Swiss Chalet would be serving if Wl' wcrl' in heaven. Beef bnsket ($12) may be a su.rpnsing option for those not irutiatcd into the RBQ ways, but when pork just isn't an opuon, a slow-cooked beef brisket can really hit the spot. lubs ($12 small, $19 large) are the mam attraction for most, and they're
c5ollo Voce
certainly the best ribs that you'll get anrwhcre Jn this city. If you ask me, however, a tnp to Phil's can result in one thing only: pulled pork ($12). 1o fully explain what pulled pork is, you need to first understand what Phil's is, and to understand that, you need a bnef lesson in true barbeque. Rather than finng the grill up high and charring food-which has its time and place, don't get me wrong-a true barbeque chef keeps the temperature down- around 200 degrees-and ~low cooks his food. We're talking like ten hours here, which is why Phil's grill can hold over 500 pounds of meat at a tim!c. By cooking the meat for such a long time, covered in a dry spice rub, all the flavours of the smoke and the spices are fully mtegrated into a delicious, juicy delight that you'll rarely see the likes of in Toronto. Top it off with Phil's fingerlickin' -good barbeque sauce and you'll start to see why adherents of Phil's can sometimes look Like cult members. Pulled pork is, as Hegel would say, the truth of ba.rbeque. All the advantages-tenderness, flavour, flavour, and flavour--of the barbequc technique arc brought out in tbe greatest quantities when you're cooking a big, big piece of pork until it's so soft that, rather than sen·e it with a knife, the kitchen breaks it apart u.ilh a fork so that it literally melts Jn your mouth. Holr bastard this is making me hungry. Add the aforemen-
Rumours of spring rolls and t.wned grandees (i.e. former prcem David Peterson) brought Sottu \'oce to the Rowell Room a couple of .... ecks ago. Two reasons for all the foofaraw, apparc..'fltly. The first was the christening of the
noned h:uhcquc sauce and there's a good
Cassel"' Brock & B\ackwe\\ classroom.
argument to be made that Phil's is the carnivore's Jelight of 'lbronto. AdJ to all this cheap beer ($13 for a pitcher), great service, and great music, anJ you\·e got what may be the perfect restaurant.
(:\lemo to Cassels: Thanks so much for your gent·rous donation, hue C\'Cr)onc :still calls it FLB.) The ~ccond, more illlcn.-sring reason ·was the launch of the much bally hooed "Pay It Forward" program spear headed by Noah Novogrodsky and Ius earnest acolytes. Sotto \'oce saw the eponymous film on a plane a couple of )cars ago and would ha\e jumped had the windows not bcm sn hard to :;mash. For those of you who mtssed it, Haley Joel "I See Dead People" Osment plays a sanctimonious twerp who, for a seventhgrade homework a~signm\·nt, de\'lSCS a sort of Ponzi scheme of good deeds, all the while teaching hi~ alcoholic motherand us all-a v:1luablc hfc lesson, tit. Surely an initiative inspired uy such an execrable movie deserves the sceptktsm of right-thinking law students. 11'csl·« pas? Be~t we can tell, the "Par It Forward" progr;tm \I.'Orks like this: Students \\ ho summer on Bay Street or Wall Street arc
LENCZNEI~ SLAGHT ROYCE
StviiTH GRIFFIN Learn about student opportunities and becoming an a:lvocate by visiting www.lsr!iJ.com or contact Perry Hancock, Student Co-ordinator (416.8653092 or phancock@lsr~com). 130 Al.f:LIIlt: ~'lmr Wm, Slm: 26oo, TOI!ONl1l, ~·rwu MSH 31'S
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The jtticiest go.rrip jron1 around the /au· school -
'l'hert• has been a lot of talk the:;e past few day~ about curses. The Cubbies sucwmbed yl:l agam to the Hilly Goat Curse, while the Red Sox failed to rcvt·rse the Curse of the Bambino. Strangely, another curse has escaped the attention of tlw world's media: The curse of Sotto \'oce. Consider: In our last column, we mt~l tioned Leni Riefenstahl, Joseph Goebbels's favourite ftlmmakcr (the context. you will recall, was our hilarious excoriation of Brian Lan¢lle's new ori· entation video for first yt."ars). The vciy day l Iftra I 'iru hit the newssumds, Ricfenstahl died. Yes, you say, but she \1.'llS 101 years old, and ~urcly due to expire at any moment. Sotto Voce concedes the point, but defies you to make sense of this: \X'hile ambltng through the ~firagc casino in Las Vega.~ last summer, we t~ld our friends an awfully tasteless joke about the Teutonic morons, Siegfried and Roy. Three months to ti.Jt ,~q_, later, Roy was brutally mauled b} a Siberian tiger. Be\1.'llre the curse of Sotto \•ocd
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asked to donate one day's salar}' to d1dr classmates who opt to do nn inll:rnational human rights internship. Someho\1.', this transfer payment results in cverrone feeling good about themselves ;H the end of the dar. \'\1hile Sotto Voce has nothing against human rights J>fr sr, thrct• things bug us about this program. First, it seems cxpn.:ssly dc~igned 10 make those of us who sell out feel guiltr auout a. Hey, no fair! Second, while contributions are ostensibly voluntary, there apparently will be some sort of public ltst of the mwtifi cent students who opt in-with the implication that tho~c not on the list arc either cht:ap or depraved. And finally, assuming for the ~ake of argument that Sotto \'oce were feeling charitable, we'd sooner write <I cheque to an organization we trust than sub~idbc a working holiday to Thailand for our classmates, cherished though they may be. The rationale for the program can he summarized thusly:From each according to his ability, to each according to hiS sclf-righreousncss. Sotto Yoce wants no part of It. One of law school's hoariest chestnuts is the notion that at some point in time, usual!)" t0\1.'llrd the end of fiN year, the la\\ suddenly "clicks": what once seemed knotty and arcane suddenly makes sense. Or so the .;tot')'
you
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Sotto Voce had our
doubts about the clicking thesis until one ) morning in Michael Bryan's trusrs cla:;s / a fc:w weeks ago. \\7hilc normal/; Snrto Voce spend~ these sessions Jayd(("..tm.iug or reading the I;\Is of the girls in from of us, on this particular day \\."C found our.sehl'S utterly rapt. For a few brief, wonderful moment~, all our misginn&>S about law school (and trust law in parucular) dissoh ed like a sugar cube in a rainstorm. Slow)}~ we felt our~chcs dnft into an altered stare of consciousness. }•or the fiCSt nme. \ve felt a bond-nay, a canuraderic-with the m.-rds who e-mail profs wirh yuestions. So this-thts!-is what trusts mrvana feels like, we told ourscl~es. Turns out 11 was JUSt a gas lc.:ak. Fla\ cUe \1."Js evacuated and Sotto Voce went home to watch E:./imidatt.
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24
ULTRA VIRES
DIVERSIONS
Ultra News: Not-So-Real News From Around the Law School Professor Benson hospitalized
Administration discloses acting dean runners-up
In a surprise move, Bay Street law firms have announced that they will be lowering arricling and first-year salaries to fight the perverse career incentives created by twrion hikes. "Our own accessibility studies indicate that if we lower salaries, then we decrease the mcentive of students to come to the Street, cancelling the effect of higher twrion," explained an indi!-StrY representa-
Vindicating the well-known proverb, "If you make that face for too long, it will stay like that," Proft:ssor Peter Benson \vas admincJ to hospital recently after his eyebrows brcamt> frozen behind his upper ears. The inctdent occurred while Benson-who is known across Canada for his eyebrow theatrics-was anunatedly discussing the merits of the Pmyho11Jt decision. Studenrs in his chss e..xpressed mixed con. cern and relief. "I was horrified when I saw his face freeze like that!" said Andrew (1). "But, I'm glad to get a break from discussing Pmyho11st. We'd been discussing it for 7 lectures!" added Andrew. ·Ronan uty
Tuition threat level raised to "orange" Citing credible threats that the administration might be planmng further tuition hikes on U of T target.-;, the SLS raised the law school's co\outcodcd t\ueat \C'-'c\
Arms cut salaries to combat tuition hikes
ove
f>hnto co11rtesy of &mina B111t.
Friday to orange, indicating a "high" risk of 'supply' targets like toilet paper and hand a .,tWrion increase. soap, as well as targets symbolic of student The change is only the second rime the pride, such as Rowell Room furniture," the threatcon level has risen above yellow-an G.C. representative said. "[The reports] indi"elevated" risk-since the system was put in cate the administration's interest in carrying place m the aftermath of the devastating out econom1c, social, and political attacks." hikes of Sept. 1, 2002. The SLS has told students to be diligent Gm·ernmg Council Representative Nash and alert, but not to change their routtnes. Dickerson (Ill) said intelligence reports tndi- The organization recommends that students cated so-called "soft" targets--those more conserve money by refraining from eating at lightly guarded, such as international student restaurants or making any large purchases. fees, scholarships, and bursaries--are at an Other suggestions include getting a part· increased risk. rime job and/or growing one's own marijua"The intelligence communiry has also na. \nclic2.tcu th-'l\ \he aumuustration may &eck
-Ttu/./ C.htrn<tle.i
"\Ve want to dissociate ourselves from elitism and corporate greed," added the marketing manager at a major firm "The money would be better spent funding grassroots programs like wine and cheese functions at the law school and distinguished visiting professorships." Simren Desai
Briefly Noted Third years attend class ~mall
firm touts "that big firm feel"
Twuon decreased to reflect reduced numbL-r of free lunches