Ultra Vires Vol 5 Issue 3 2003 Nov

Page 1

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

SINCE 1999

VOLUME 5 ISSUE 3

NOVEMBER 18, 2003

WWW.ULTRAVIRES.CA

I Strong showing at OCis

Hallowe'en Bash

Hiring practices remain steady on Bay St. BY DANIEL ANTHONY

First-year studen ts, Alvin, Simon, and Theodore, en joy the Hallowe'en party at Falconer Hall, Oct. 30. Photo mllrlt!J of Em~ly Mak.

New club pursues old boys' interests BY HILARY BOOK A new club is raising eyebrows around the law school. The Gentlemen's Quarter (GQ) was founded last year by Paul Franciosa (II), who says he formed the club after attending a seminar on business etiquette. He adds that the purpose of the club is to educate and inform members on topics which are of interest to the "modern gentleman." The club held its first event on Oct. 2 of thts year. The Cigar '\tght at the Rosewater Supper Club was attended by approximately 22 members. Members sampled hors d'oeu· vm and listened to a speaker discuss the dif-

ferent types of cigars they tried. Although Franciosa maintains that the club IS open to women, no women attended the event, and none has expressed interest in the club. \fembers were initially recruited via emails sent to friends, and to friends of friends. This year, the club also had a booth at the clubs fair during Orientation, at which approximately 25 first year students signed up. In at least one email inviting people to attend the Cigar Ntght, no women were included, and it ts unknown whether any of the people emailed last year regarding the

PLEASE SEE "STUDENTS" ON PAGE 2

Besides the interview week in Toronto, during which just under half of the secOnce again, the University of Toronto ond-year class accepted posiuons, students Facultv of Law leads the way in second- participated in recrwtment for ~ew York, year s~er Jobs with 77 students hired at Boston, Vancouver, Calgary, and Ottawa. Toronto firms. Osgoode is close behind This year, the U of T increased its USwith 73. These numbers are sure to bound conungent, wtth 13 students mcrease as more figures become available. accepong positions in New York, and So far, 36 of 44 employers have provided three m Boston. It ts esnmated that eight mformation, accounong for 312 of the to twelve students will accept jobs with Vancouver and Calgary firms, and three to approximately 360 positions. This year's overall hiring remained sta· six will go to Ottawa. All told, approxible, but there were a few notable excep- mately 115-125 students will obtain firm tions. McCarthy Tetrault's student comple- jobs. Past data suggests that most students ment increased from 21 to 27 students and Osler Hoskin & Harcourt's went from 19 will article at the firm where they previto 24. Fraser l\.filner Casgrain's group, on ously summered. Of the 120 students who obtained firm Jobs last year, only si.~ the other hand, decreased from 17 to 7. The process began back m September switched firms for articling. There were a with 180 studenfl; submitting at least one variety of reasons for making the change. application. Of this number, 90 percent One student moved from government to a succeeded in landing at least one on-cam- large firm, while another went in the oppopus interview (OCI), scheduled for mid- site direction. Two decided to article in a Oct<>her. different city; one student is going from Accordmg to the Acting Assistant Dean New 'York to Toronto, while ano ther is of Can·cr Sernce., 1 i:.nne Krakauer, the aracling m Vancouver instead of Toronto. OCl s went '\·err smoothl>~ thanks largely FinaUy, two students made a firm shift to Suzanne Bambrick," the major organiz within Toronto. er. Each school runs their own OCI sesAfter interview week, the CDO held sions, based on the belief that having their annual "Beyond OCls" session. The many familiar faces around helps to reduce aim of this talk was to expose students to stress. With over 1000 intetvlews in two options beyond Bay Street. Last year, at days, the Career Development Office least 40 students found summer employ(CDO) noted very few problems. ment after the major interview periods. Naturally, one or two bloopers were The COO posts notices m Htadnott.r as inevitable over the two days. Jan Oisend jobs become available. Students are (II) had the misfortune of being late for his encouraged to speak with the COO about first interview of the day. Unable to find opportunities. There are over 200 articling his way through the curtain, Oisend finally employers in Toronto, but only 40 participushed through the back corner of the pated in the OCis this year. booth for lus grand entrance. ConfusiOn also got the best of another Por a detai/(d brtakdoiPII of 111mmer sl11dent student, who began expressing his interest hinng in Toro111o, p!tase see "OCJ N11mbers in workmg at Stikeman Elliott before being Game" on page 4. politely reminded that he was interviewing wtth Borden Ladner Gervais. Both students, however, were ultimately successful in obtaining jobs. The majority of students who participated in the OCis were "called back" for • ACCESSIBILITY STUDY, P3 interview week. The "week"-more accurately, two-and -a-half days of interviews, • SEX IS ALRIGHT, P8 dinners, and cocktail parties-was fol• PARlY HOST LIABILITY, P10 lowed by the communication of job offers • SOTTO VOCE FAREWEll, P23 via telephone on the Wednesday afternoon of the week.

UVINDEX


NEWS

2

ULTRA VIRES

Town Hall invites student input BY ANDREW PllliAR On Oct. 28, 2003, almost 80 students filled an auditorium at L OJ\ ersity College for a 'J'bwn !!all. Shirky '\lcwnan, \'ict• President and Pro\'ost of the L mversity of Toronto, was peppered by lJUestions on the future of the physical education at the l ' of T Students raised some iJ:nportant issues relanng to user fees, declining athletic facil itic.~. and uni\'ersity-wide health care. The Town I !all \vas part of the third round of university-wide consultation and planning related to the Provoslitl! It lnlt Pt~JNrs. It was the ftrst town hall for "\cuman. Attendees at the Town Hall, Oct. 28. Photo rourl~sy of Andrt!w Pt11iar. Typically, the It' hilt Papm and their accompan)ing consultative processes allow members of the university community to provide input mto the direction of the uni· vcrstty over the next five to seven years. Although m uch attentJon is paid to broad goals and ovcrarching values, the 172 pages •NEW" CONTINUED FROM PAGE 1 of proposals also contam some pretty speand programs. cific points. Among these are calls to Many members of the SLS declined to dub were women. increase the level of graduate-student fel discuss the GQ on the record, but others lowship support b}: 30 percent over the Club member Steve Penner OI) states did express concern that the club may be that women are likely uninterested in the exclusionat}; even if it does not intend to next six years. club because the events are targeted be. Student Affairs Representative Sandy The Wh1it Paptrs themselves grew out of towards men's interests, and that not many Gill (III) remarks that "although the club is quieter "green papers;' which were diswomen enjo} smoktng cigars. · cussed last December, and which involved stated to be open to all students, including Conversely, ~oah Gellner (I), who also women, I have not seen any promotion of 14 town hall meetings and 900 pages of attended the Cigar Night, disputes this. such inclusivity ... Every other student club 1 written submissions. Based on responses to Gellner says that he was part of a cigar club at this school makes an effort to include all 1 the U''hitc Papm--garncred through town at ;>.kGil\ University-at which there were students by inviting all students to their \ halls and individual responses before Oct.

Students question iriclusivity of new club

"'"'"'I""<>"'"" m<"mnc:T.

-and "-av,; that he

event

was surprised that the event was not

No t.uch tnv1tat1c1n!t h ave hc.cn

~en\

:\l\-1h c

p r<>'\:OM

w tl\ prcscnl "

rc:visc·d

agenda to Go,erning Council for ratification e.:uly in the new year. The six companion IFhilt Ptrpm each deal with a specific subJeCt area, including: teaching and learning, research, faculty support aml renewal, staff support and renewal, equity and diversity, and academic leadership. There arc calls for academic re\icws of all' facu lties and schools, expansiOn of research funJmg from corporations and foundations, incrt.-:tsed opportunities for mterdtsctplinary and novel approaches to out·of classroom learning experiences, and increased lohb)ing for government funding. The law school was lauded for the creation of bridge weeks and intensive courses. Generally, student leaders seem to be satisfied \\ith the availability of the consultatlon process, in spite of concerns. Students' Administrative Council VPUnivcrsity Affairs Howard Tam commended the provost for "taking the time to consult w1th the public at large through the town halls and with the student leaders through focus groups," but expressed concern over issues such as increased lobbying for corporate funding, lack of explicit emphasis on the need for student consultation, and the lack of a campus-\\ide sustamablht\ plan. SLS President Robin Rix expressed similar approval of the consultation opportunity provided by the Whitt Paper process, and was particularly supportive of a recom-

NEWS

18 NOVEMBER 2003

3

New accessibility study to rely on same methodology Acting Dean Langille "confident" of provost's scheme BYBENARKIN It is expected that thts wtnter, the University of Toronto \ 1ce President and Provost Shtrle} Neuman will conduct a new qudy of accessibility and career choice in the Faculty of La\\: The study is meant to satisfy a Governing Council res olution. ;\ccording to the resolution, no further tuition increases are ro he approved unless it is shown that higher tuition docs not distort career choice or impact negatively on accessibility. Governing Council is expected to vote in earlr 2004 on a motion to increase tuition for incoming students from $16,000 to $18,000. 1\ similar study released last February caused a clamour among law students. That study, also prepared by the provost, concluded that there was no evtdcnce to suggest that increasing ruition would have any appreciable negative effect on accessibility or career choice. The Students' Law Society (SLS) submitted a response to Governmg Council, criticizing the report for "methodological weaknesses and mconclusive findings." It cited several prohlt.ms, including a failure to consider the effect of the most recent tuition increases, a failure to consider the effect of students who chose not to apply to U ofT

Law or who declined their offers, and an omission of comparative data from other law schools. Despite a determined oppos111on by the SLS and other student leaders, Governing Council approved the tuition mcreasc by a

While it is expected that students will have some level of input in this year's report, the SLS believes that pursuing its own study could be a more fruitful course of action. vote of 24-16. Students arc now worried that the new provost will use the same flawed methodology t9 sway Governing Counctl m favour of a hike thts year. \\'hen asked whether he would approach the provost to suggest a reconsideration of the methodology, ,\cring Dean Brian Langille reiterated the Faculty's commitment ro accessibility; however, he stated that he has no inten-

tion of <JUestioning the provost's authority and competency in measuring accessibility. "We are completely confident with the provost and wtth the methodology." f lc also added that the law school administration has no part in advising the provost on her approach to this issue. The provost was unavailable for comment. While it is expected that students will have some b·cl of input in this year's report, the SLS believes that pursuing its I own study could be a more fruitful course of action. This effort would focus on career choice, and mvolvc polling employers about artie ling -applicanon statistics, conducting career-choice surveys of thirdyear students, requesting career· choicc data from the Career Development Office (COO), and pursuing a survey in coopera rion with other law schools. The SLS is also cons1dcnng consulting other depart mcnts for independent advice on developing an appropnate methodolog). In an} event, Acting Dean Langille suggested that U of T officials who met \\ith ~lary Anne Chambers, :;\linister of Training. Colleges and Universities, were told that the goYernment intends to keep its election prorruse and freeze tuition le\·els. rn light of this development, discus sions O\·er the accessibility srudy and methodology used therein may be moot.

c

0

....::::J

I I

I

I

0" <D

a square.

Read

uv

I

j enm f<.•r

j;umc~on

strongly agree

0 -X

/

I

0 strongly disagree

Sweet 'n Lowdown The O.C:

7'lJC OCis Barbara I loll

I IOtkty Hall of Fa111c

Cmnputm that uw* ami'"' "Gabk

Ddl

1

Not really. In fact, law st udents told us they want summer jobs t hat let them use what t hey've learned. So what

Toronto

do we do differently? We put you to wo rk on serious files. And give you serious responsibilites. It 's par t of

BCE !'lace, P.O. Box 747, Suite 2500, 181 Bay Stree:t. Toronto, ON

Attention: Srott Whilley,

MSJ ll7

TC'Iephone: 416-160-8(,0() Fax: 416·)65-1119

Din:('tur of Professional Development

knowing what it takes and getting it done. Contact Deborah Glatter at dglatter@casselsbrock.com or check out www.casselsbrock.com/student.asp C> 2003 Cassels Bro<k & Blackwell LLP. Ca~ls Bro<k aod the CB loqo are trade-marks of Caswts Brock & Blackwell LLP. All rights r~erved.

Q_

<D IT

"Law school really helped me prepare for the rigours of collating."

0

en

-+

8an1sters &. Solldtors - Patent &. Trade MarK Agents

0

c-+ :r

Lang Michener

0

0

\

tn,: ndatlo n t o rcviC"\ nc.::.utt.·rni<. governa n ce.•.

0

"A

<D

(11), also a studen r

Ar th1s pomt, the club is nor planning to affaU:s representative, echoes these conask the Students' Law Society (SI..S) for cerns, staring that she is uncomfortable funding because, Franciosa states, the club with the objective of this club, which wants to avoid creating controversy. SLS appears to her to be "the continuaoon of \"1ce President Lindsey Haig states that the the values of that old boys' club that made SLS 1s not responsible for denying or pro- the legal profession exclusive and unwel\1dmg recognition to a dub unless the club coming." Jamieson goes on to say that seeks funding. In regards to whether or not "there was a time when [women) weren't the club should receive funding, SLS allowed to practice law, and as harmless as President Robin Rix notes that without a club to smoke cigars and drink brandy having received a funding proposal from may seem, it reminds me of those times in the GQ, he could not comment on an uncomfortable way." whether it meets the SI.S criteria. Rix adds, In addition to general concerns about however, that he has been g~ven assurances cxclusi.,.;ry, there arc concerns that the GQ that the club docs not d1scnminate against may also negatively Impact on women's women or create an uncomfortable envi- legal careers because 1t provides an oppor ronment for women, and that if these tunity to form networks in a setting wh ich, assurances were incorrect, he "would not while purpornng to be mdush-c, actually hesitate to recommend that the SJ .S excludes women. IJanne Krakauer, \cring respond appropriately." \ssistant Dean of Career Sen·ices, agrees The club has also approached at k':l.st that informal networks are important to one Bay Street firm, :\1cCarthv Tetrault, for careers, but notes that "women in this law funding, hut was rejected. Whlle not com school have made considerable progress m menting on the GQ specificall); Director cn.-ating their own informal networks, for of Professional Resources Sheena instance, (through] eVt."tlts last year such as ,\lacAskill. states that the firm gt:ars its the Women & the Law pub night and the funding :tgt·nda towards inclusive t.·vents \\'ork-Llfc Balance session."

::y -::J

I

for the events rh1s club holds."

.lltcnd ccli>F an y women.

~

CASSELS BROCK LAWYE l S


NEWS

4

OCI numbers game

ULTRA VIRES

Law sports teams triumphant

Toronto Offices - summer student hiring 2004

I~

! 1.._

Firm ..

C)

0

& Berlis Baker & McKenzie Bennett Jones Bereskin & Parr Blakes Borden Ladner (n/a) J2assels Brock Davies Ward ~vis & Company Dept of Justice (nla) Epstein Cole Fasken Martineau Fraser Milner Gilbert's Goodman and Carr

a

0

0

3 1

2

C1> C1>

(ij

"0

C1>

~

-1

3

1

1

1

1 5 3 3 1 ' I

3 2 2

1

1

2

1

2 1

2 2

1

1

;

1 4 I 1 1 i 4 ' 3 6 I 2 4 3 I 1 I 3 I ' 2 ' 3 I 1 I 2 \ 0

~dmans

Gowlings Heenan Blaikie Hicks Morley Lang Michener \ \_et\CZI\Qt S\a(ln\ Lerners "* " Macleod Dixon Mathews Dinsdale McCarthy Tetrault McMillan Binch Miller Thomson MAG, Office of Children Oqilvv Renault Osiers Paliare Roland Sim Hughes Shearman & Sterling Sherrard Kuzz Skadden Arps Smart & Biggar ** Stikeman Elliott (n/a) Torkin Manes Torvs Total

I

1 7 6

1

9 3 1

I \

1 6 1 1 3

1

I l

2 1

3 1

2 3

1

1 1 3

1

1 1 1

4 1

1

2

3 3 1

'\

1 4

3

1 3 1

2

1 I

£= ro 0

~ 0

Dc.:ar II EL\1UT,

.... £

n; 0

C1>

0

t-

·- L1- f-1

9 4 7 1 6 2 1 22 10-18 3 14 1 10 1 3 10-12 2 1 1 1 16 1 7 2 1 1 1 13 1 11 1 1 3 23 3 1 10 1 8 1 1 1 8 3 3 'l 0 1 5 1 27 2 5 17 1 1 3 9

I feel like an outstder. I used to think I liked people, but stnce arriving at law school, I

--

don't any longer. \lore to the point, other people don't seem to like me. \\'hat's up?

1

2 6 i 7

2

~

0

c:

---

co

:J

1/)

~

0

'iii

0

C1>

:l

~ f-

....

E

0

1/)

:::> f-Aird

1/)

-c:

I

C1>

1 5 I 1 8 2 1

4 ·, 1 4 3 I

1 1

2

2 1

1

16 24

1

1

1 1 1 1 1 1 10 1 2 1 1 2 2 77 73 16 33 28 28 17 18

Quite a legacy has begun in Law as several sports teams have already won the first three events out of 28 intramural events. Coed Softball defeated Physical Education 11-9 and finished the season with an undefeated record. The Mens Football team won the championship for the third year in a row, beating the University of Toronto at Missisauga 28-16 at Varsity Stadium. The Coed Ultimate Frisbee team also won in a tight match over "Evil Genius", posting a score of 10-8. Photo ro11rluy of frott lVrkpatrirk.

GET BOTH SIDES

ult;ra vires

aeliV Sl\IIU OF THE STORY

Dear Un-cliqued, J,aw school is a bit like an advanced ex peri rnent in social Darwinism. HELMUT isn't sure why, but compenng cliques appear rapidly on the scene in first year. It's rather like chimpanzee social arrangements. Members often attach themselves to groups for strength and security. You can survive on your own if you're deternuned to, but it may involve hiding up a tree from time to time. ~ ot everyone needs a social support group/clique/ten best friends, tic., but it ~u re can be helpfuL If you have a group of friends in the wider Toronto cityscape, you may nor feel the need to develop one at

school, too. But if you're looking for friends at the Faculty of Law, here arc some ideas about where to begin: I) Get involved. Pick a few activities in llfmlnoks that interest you-like volunteermg for a clinic or organizing an event-and work them mto your schedule. This rna} not produce mstant buddies, but having people to say "hi" to in the hall is a start 2) Talk for 30 seconds to the person sitting next to you in class. It may not be much, but if you increase the time in each subsequent class, a rapport may develop. (Stop when your professors glare at you.) 3) You have (or will eventually receive) a "stalker guide." Use it constructively. Look up people you've talked with or like the look of, and send a group email asktng if they're interested in some acti,;ty, such as going to the symphony on student-priced tickets, a club crawling night, or, for all you sports fans out there, a Toronto Rock lacrosse game (raw emotion!). \!any first-year folks are associated with a clique they've already realized they don't actually like, or may not have one at all, despue appearances. As with -..vi.ld chim· panzees, they're more afraid of you than you arc of them. Reach out, like Jane Goodall, and you may get an unexpectedly affectionate response. Dear

IIEL~IU·l~

lt ~cems as though the interview process is

designed to separate the wheat from the chaff, ar least as far as the firms arc concerned. I have apparently been deemed chaff, and I'm not too happy about it. fl ow do I cope with my newfound status? C/JaffJtd

Dear Chaff ted, HELMUT has said this before and will say it again: The big·firm interview process is a strange and unfathomable creature. Don't be hard on yourself. :\lot getting a Bay Street job does not reflect on you as a per· son or as a future lawyer, no matter what your firm-flattered classmates and the recruinng brochures cl:um. Nevertheless, it's ok to feel down right now. Rejection is tough to handle. Many of us come to U of T Law with the impression that entrance alone will secure our futures. It can be disappointing and anxiety inducing to find out that tt doesn't, and damn, now it looks like you'll have to pay for your own bar ads, too. The good news is that the initial ftrm recruiting period is only a taste; there's \Vay more to come on the buffet. \\bile most of the corporate jobs are indeed front-ended, not aU of them are. Hiring for dcrkships, which can open up another route inro cor· porat<.' la\\; go\"ernment, or acaderrua, is also yet to come. J\nd the bulk of general hmng occurs later, in the summer before third

choice

2

1 3 1 1 3 8-12 5 21

' ' At Ogilvy Renault, the plurality of personalities and expertise is a true strength of the firm. Not only does it allow me to work with people who are the firm to serve the needs of

22

different clients. '

'

Daniel leduc dleduc@ogilvyrenault.com

AOC-Eagle Miles IJrt.eO Althl!al &De:1man

Ard&!!ttisUP

Cetr.;:teS '.lltrtlOO l'llt1els

Bcmc!t.lc:!YsUP S13ke. Ces:els &Cr.r.{bl W' Baden tJm!r GeMis UP tassels Brtd< & ~UP

!l.:l<er&L~

()ro!Qrabtn:; Qlle&~

~tmlnl r~ OlnlJl!lY~

Oawford ems ACii:rl SeM:es

LE\:CZ:'\:ER SL \ GHI RoYe r: SrvJITH Gr~ IFFI ~

advocate by visiting www.lsr~.com or contact Perry Hancock,

OGILVY RENAULT Expertise

par excellence

finan?.~l -.n6oi•Ott-.

CMboc·.....__ •a-. (E,.s.ndl

'NATIONAl

.....__

...

\l \()

~W:Inll'llilill:l&'f1!1ebergW'

~ ~ ~Tretm

Ull!IS Symes Slmrt Qx!lctl APJ1lP Fasl<c:l Mar1ineau Olii.WII UP

119ltry

ffase~L!I!JS'~UP

A'Mf

GooOnan n CMUP ~UP

LON Rosen Ta)ior Sorml Ptl!l-11 ~ & ~ Da:asiJI f\lmels

GcM1nosUP

fUbl ~.:on Glacl re

~~

Va:anlrl: ~

ogilvyrenault.com

caran

Dorsey &Y/!Jitlev UP

Krt*l~

Learn about student opportunities and becoming an

130 Al&la SrRIIEr Wm, Svm 26oo. T~ OlmRIO M5H 3P5 l'IIH ~ 16.865.9500 FACIIIIU 416.865 9010 ,..c;a;.OOII

'\etd Jo talk uiJh I 1El...t\.1r.IT? PuJ a quution in Jb Dear llEI...MUT box I!J Jbe mmlfoldm. Or if you'rt fielin.~ dcum and suking adrict of Jht mort profissional kind, t-mail ckar_btlmut@hoJmailcom and I IEL\1UT (Htaltb Enablu 1-Lgal Minds aJ U of T) will provickyou with info abouJ 011 and offcampus health resourm. Your privacy will be mpedtd.

different from me, but it allows

• abbreviated finn name •• school breakdown unavailable n/a - totals and breakdown not available Not included: Dimock Stratton, Ridout Maybee, Fogler Rubmoff, Hodgson Tough, MAGFamily Responsibility Office (all of these firms anticipated hiring 1-2 students) Note: totals are accurate to the best of the compiler's knowledge.

Student Co-«dnator (416.865.3092 or phancock@lsr!J.Com).

y<:ar. Jobs in manr of the most inn:resting practice arl-as of the law aren't a\-ailable until then anyway. The great majority of people ftnd something and end up excncd about where they land. The huge dtsap· pointments around thts place are balanced by a continual variety of new opportunities. ~o take a rest, and then refocus. Law school may feel like thankless torture nght now, but your harvest will come in e\entually.

AIDSbeat would like to thank the following sponsors for helping CANFAR raise $150,000 for HIVI AIDS Research.

2

1

5

Social habits at the law school mirror chimp behaviour

1111 lrlel

On·campus interviews at Toronto ftrms concluded for U of 'I' students, and for srudenrs across the country, the week of '\,m·ember Jrd. ( >ffers han· been made and accepted, and Ultra I 'irtr is proud to present our exclusi\ l' cornptlation of statistics showing how we fared in comparison to our sbter schools.

NEWS

18 NOVEMBER 2003

flelxlltng SeM:es

1kero1 Blalue UP ll:qJm RI1!S UP ~ ll.dP::1er

w O'lavan sax: UP UrnersUP LtCa~ fo!IW: !J.P t.t:M]:]n BllCh UP lof*t llo!B)Il u.P Ogllvy Riln3:Jil Ostt.ltlsl<lii &H3ttwt UP

l'llbe 1\:m!lbierClEJV lt:tlslm UP S1atb1, ~Slain,~ &Rn IJ.P S1ii!mr1 Eb UP ~UP

~ ~;www.phllplengden.can Mxi:i~ IRIJOO(~OI,.O,.nc. n-...,

Soecl.lllhris 10

a

Rnme Sponsors AX I &WeJness Palm 'f.)tnl Ro6e:te:!l ftt'!S!eln U.P 1\xk lle SW:; S;ols ::U:. rJ Car.llla. m fW; ~ the Na!W Pos11VJN W Pl;s, I '!I C8rad:l. Da:lier ~ l'.aron c.wda h:.. nl WI


18 NOVEMBER 2003

FEATURES

Coffee talk with Grand Mooter Keith Burkhardt BY JUDA STRAWClYNSKI

played tcc hockey while growing up in the 'lhundl·r Bay reh>ion. But b} hts teens, half ,\t this year's Grand Moot, the law school\ of his teammates had already had a run-in :tnnual mock trial, Keith Burkhardt had the with the law. K.eith chose to meet tht· law honour and the challenge of bdng the first from the othtr stdc, and picked academics to pre~ent oral arguments. Before him, an over picking fights. ;lll·star bench was waiting to' fire !.JUl·stions Thh all may sound like a "Ren:nge of lm way. Behind him, peers and prof.~ packed the '\erds," bratns over-brawn moral, but the .\loot Court Room to its full firt·-hazard don't be mistaken. K.enh is certainly enjoypotentL11. Keith began to pre~cnt the ' case ing the law school experience, but the Bora fi>r the \linister of Corrccnons. Justice l ~'lskin Librar\ and the big city have failed J\rbour, taking a lt:avc of abscnce from the: to tame the ~orthern Ontario in him. Supreme: Court of Canada to sit at I·lan:lle\ \\'hc:n 'loronto first clashed with Thunder top court, got thin!,ts rolling with an opc:n Ba~ 111 his ~rst-year torts class, Keith ing yuestion. Looking back at that moment, wouldn't back down. As his class discussed Keith reflects that he tried to feel out the Miller t: jark..ro11, the famous I louse of Lords bench, to sec how the judges would play decision in which Lord Denning declared thetr rolt.. Yet even in that moment of full that "[iJn summertime village cricket is the concentration, Keith admits that hts brain's ddight of everyone," a fellow student suggears slowed for a second to take m the gested that the case probably would not moment. I was like, "\Xow, J'm being asked have been decided the same way had the a <.juesnon by Arbour. This is just like courts been dealing ,,;th a different leisure CP,\C." acti\;1). Keith raised his hand, and staunchI .ike any law student, Keith has his nerdy ly disagreed. He explained that where he side. But CPAC certainly wasn't the only comes from, hunting off the front porch is tdcvtston that he watched growing up in "the delight of everyone," and seeing as Thunder Bar- Hockey ;"\;ight in Canada how· the occasional stray bullet is not must ha\·e played a major role in Keith's uncommon, he saw no reason why the formative years, because he has become: the courts would not protect this Ewourite pas· Lm school's ;'\lr. Hockey. lie's running a time if his community had dealing:; with its hockey pool, and can often be found with own whining ;\lrs. ~1iller. his nose tn rhc paper's sports section. He 'f,,·o more years of Toronto \i,·ing al o c.tptams the I .a'' School D i, ISto n \' i,c ' " " <·n ' t d:unpcn<·d this < nthu,..ia~m for 1 l lmd;c tcilm. J s we utlk m between btte~ of sport. n av 1d h\.lntcr and ll'<h nun, s ull lu nl~ t o r the o urdoon<. " \\'JJcrc 1 corn~· t.uq:•< r, Kcuh <·xpLuns that "Growin~-; up, e\-cryun<' has something they l'IIJO)' bur from, fall fa~hion~ eonsisr of hnghr h;wc difficulty doing-to the pomr that ir orange:." he chuckles. It's hard ro picture.: isn't fun anymore. For me, that was hockey. Burkhardt in bright orange. traipsing Bur l)j, iston \' has been the most cnJ<>}'· through the woods on a cool f:JII day. Bur. then again, tt 's hard to picture him watchmg .title time I\ c spent pbying hockey." CPA C. It's no wonder that Burkhardt is com-

7

There's something about crepes BY JUDA STRAWClYNSKI

Otuon soup Ius <'n<lUgh melted S\\155 chc,·sc to enrage the health consaous Canad.J's 1-ood Gratk, yet lc-.tn•s the palette Lc Papillon pleased. Unft>rlwtatcly, the accompanymg 7()1) Qut·en I~:tst (at Broalh·ie,v) bread disapp(llllls. The sesame seeded (41 6) 4(,3 0055 cross l>t'twccn hrt-adstick and baguette falls far from the fresh-from the-0\cn-to Raring: rour-mouth artistry that onl: would hope to find lit a Frc:ndt rt'Sto, .Stepping into Lc Papillon ts like breakmg l\losr of Le Papillon's cri:pcs exemplify out of Toronto's chillr cocoon and the sunplicity of the I·re.nch pancake. l1tc headtng for the Rl\·tcm. l •rench rbcmsons crt·pc fran~ms, for e.xamplc, featurmg dnft to the car, rhanks t o on:rhead tomato, mushrooms, bacon, and cheddar speakers. An orange tiled rooftop drape~ cheese (St 0), is a fillmg. satisfying mam O\ cr the open-concept kitchen. Pas tel dish. Hem ever, the crepe Jean J>ierrc walb anJ faux balconies urge: thr imagt· ($10) k-aves the safct) of bechamel sauce, nanon ro journey to a cozy, sunny ~ea· and thts sharp tomato-sauce experiment srdc town. goes h.tdl) \Vrong. The spinach, broccoh. This is a cri·pc place, and taking the and omon nux is wrecked by thts uncouth road lcs~ tr'.t\'CIIcd may be a rest to the covering, and the nearly impcrccptihlcta~te buds. Whtle the shnmplcss ~hrimp huu of fet;t chec::.e docs little to sa\·c tlu~ hisquc ($6) ts ~tmply bland, the soupt J crt-pe rater. Stay W1th the clas~ical crept'S, l'oigllo/1 makes for :t hearty, tf somewhat lie hack. and enJoy a bz} Prm cn)alc hca\ y, opener. The ~mall ($7) French cwning at Le P.lpillon.

***

J

Write me. Read me. love me. U\J

fortlble playing in the beer lc:tguc. lie

You're looking for an opportunity. We're looking for a future partner. At Fraser Milner Casgrain

LLP,

summer and articling students are an essential part of our continued

success. Our program is challenging and the demands are rigorous, but with over 550 lawyers and

REAL

LA\rlr •••

160 years as one of Canada's leading business law firms, we offer an experience where you can grow and succeed. To find out more, please visit our website at fmc-law.com/careers.

Challenge yourself in law. And in life. BORDEN LAD N ER

Talk to a member of our National

GERVAIS

Student Recruitment Team.

FRASER MILNER CASGRAIN LLP MO NTREAL • OTTAWA • TORO NTO • EDMONTON • CALGARY • VANCOUVER • NEW YORK

CALGA RY Colin MacDonald 403-232 ·9523

MONTRb l

Janet casey 514-954-3125

OTTAWA Walter DiCesare 613-787-3509

TO RONTO Laleh Moshiri 416-367-6133

VANCOUVER Marketta Jokinen 604-640·4176

Borden Ladner Gervais LLP

Lawyers • Patent & Trade-ma rk Agents 1 Avocats • Agents de bre~ets et de marques de commerce

\

J


FEATURES

8

ULTRA VIRES

we all go ha,·e our own sex, as only a few Apple Scruffs got to experience bi.r ''alright" lm·e. So, "alright" -..vould follow colkcttvcly, only from everyone's person;ll pursuits and indiVldual lm·in'. '!'hat's a limited scope of "alright," especially given that rhe luckless and loveless may conttnuc to strike out. 'J hat is. pm'lltt' pleasures a~ide, it's sui! fair to challenge Lennon's faith th:u it'd generally rum out "alright.'' Is it llllrtaJUflable to say thac the inten·emng 35 year5 have been decidcdly 1m-thanalright? 'J"hest' Ita\ e been 35 years of cxtremt• class pobrizatton, fear, war, corporate impenalism, and sa\·agc crwironmental ruin. Not to mention lhr E(~hlir.r, generally, a grim decade of "greed is-good" and materialism gonemad, tra~-,rtcally christened with Lennon's senseless murder. Contrary to Lennon's gentle persuasions, it seems that it's turned out to be all wrong. And yet, if you're younger than 35, you \·c got to admit that your very bri11g alit-e ts deodcdly "alright!" What's more, most of us were born of an origutal act of post-'68 sexual intercourse, and as such we may well be byproducts of Lennon's onginal Peace through -Love-

I low 'bout s t~pping backwards ten years be fort• B<mie':- "lleroes"-a song with an trontc utlc, r~call-to entertain yt•t tJIIOihtr amhh'llk•nt musical title. July 9-12, I %8. Thc four grt'at lkatb and :\icky llopkins on the keys, in Studio 3 at Abhey Road, the band takes a nice break from humouring Paul in his aggra \'llting quest for a more perfect "Ob-I .aDi, Ob-l..a-Da." Thc lads set to tap~· th~· two released \'ersions of John Lennon's "Revolution": the hardrocking !<ingle. and the pO\n.-rfully sJm.,~ mellow, Lennon sup· plying k":Jd \OCftl$ upward while reclined on a pillow~ lJUitc long, gruo'1'· drone-y, brassy. clap along·Bt·ach-Boys-\\·all-of-

sound-doo-wop- .~~~··~~~

stylcd ditty. titled "Rcn>lution 1." "Rn olution 1" ''~s rclcased on The Bt~.ules' 'f'hr BMIItJ, • • • • • the wry '~ricd, suitably mtnd blowing • • • rock opus in a platn white package. The first song on the fourth ~1de of this snazzy tv.:o-I.P gift

1111

from tho5e LiYer· • • • • • • • pudlian Demigods to a\\ humamty, to any -..vorld and time, "Rcv<.,\unQn \" \ ~\m\"1\l' {""""'"'...,-..\"In" '""' ncnt politic:1l rock .-rmg that rnur '''olbt'r

.-hould know (though, she 11'f/J born a long, long time :1go). \X't·ck in, week out, the single blares on A:O.I Oldies stations everywhere and else· where. 'J.he Bcatlcmamac's is a happ}" world, finding that t.·veryone ts in agreement: "They wert• the greatest!" One hundred and etghty-odd songs in all, the Beatie.' entire output is untouchabl)· awc~ome. The B<.":Jtles' career spans an astounding mustcal e\'oluuon, with nary a smgle misstep, not a single retread. One hundred and eighty-plus singular creations wayfaring across scYen momentous yt.oars, 1963-1969, the Beatles led the world's rockin' circus and their !ega· cy commands a larger than large, cross·gcn· erational popularity among all dudes and hdics intcre~ted in basic electronic culrure. No one (well, barring a few Beatlc5-dissing u'tirdos, if y'ask me) doubt~ their uni form grt.':ltnc~s. a cosmtc streak of golden t.tualuy, a body of work so good-all·over that good cancels the good out. That is, once their music has been thoroughly as:.imtlated, their legacy becomes neutralized, almost inYisible, and at times it'~ hard to ~ce the music's true subtleties for the monolithic phenomenon. Subtleties like the fact that, though "Revolution" stirred quite a controversy in its day, from critics and radicals, time has washed the still-discermble lyrics of their ability to su5tain people's attention, leaving far too many people with a vague sense that the song is somehow advocating something about a re\·olurion. Like "f Ieroes," Its title is not what it mean~; whatever thc song "Rcn>lution" is, it is not revolutionary. The biggest indicator that Lennon's song is a pure afftrmation of the status quo is the

refrain, "Don't you know it's going to be alnJ!)ot :·

C.~>nvl\ss\ng

se-. crl\\ g\vens amnng,

rh(' d;l)"'s polwcizcd youth, Lennon correct: ly recognizt•s that "We :til want to change the world .. . wc'J all lm·e lo sec the plan .. . we'r<.' all doing what we can." But tn partie ular rcsponse to 196R's many ,;olent skirmishes, like protestors' street-fights with .\tilitary Police outside the US Democratic Convention in Chicago, l ennon Jecnes rcformisb "with minds.that hate.'' His lyn· cal retort to a prominent resistance move· ment up in arms about Vietnam and other atrocities ts a simple, holier than-thou insis· rence that "it's going to be alnght." Inn spot of edgy eguivocation, Lennon's lync, "Bur when you talk about destruction, don't you know that you can count me out (in)," suggests that though he's basically decided against violent means of social change ("count me out"), his resolve may be subject to change ("[in)"). Still, on the whole, and especially in the catchy as -all get·out chorus, Lennon's message to radicals of the world is to chtll: It's going to be alright. For most passionate progres5ives, this message i~ loasily dismis5ed as irreleYant. After all, th~e admonitions arc but snotty rock star navcl-gazmg, insulated from realt· t)" and probably motivated in fair part by his considerable wealth and fame vested in him by the current world order. He has every· thing, ~o of course it's going to be alnghtfor hi111. So that's what some might say, but you definitely won't hear me count the cleverest Beatlcs out by presuming hi5 shal lowness. No sir. Rather, I'd suggest that there's a somewhat more sctntillating purpose behind the counter-revolutionary anthem. Essentially, this song is all about sex. It's oln tousl \X'rittcn and recordcd with·

• in a year from '~\II You 'ced Is LoYc," Lennon's pre,·ious unh·ersal statement on hum:tn affairs, "Rcvoluuon" maintams its predecessor's core message as a subtext to his treatment of 1968's revolutionary movement. In all cases, it's preferable to make love, not war. After all, the climacttc couplet in the final \·crse asserts, "But if you go carrying p1ctures of Chairman .:O.fao/ You ain't going to make it with anyone anyhow!" !Icy, kid, stay away from radical politics-it'll kill your chances to score! And, as anyone knows, making 10\·e is the very epitome of "alright!" Lo, if thi.r ts the overall point of "Revolution," then it might explain why the fmal minute of the song is mired in rhyth· mic moaning. For real! Check it out! Lennon's climactic "Aw-aw-aw-aw-a-..v-awaw-aw-aw-AI-right" has an m·ert, orgasmic qualuy. This startling burst quickly gives way to a ~cries of primal grunts: and, well, you get the point. \X'e'rc talking about John Lennon, right? '\metccn ~ixt:y-eight is the year his personal ltfe took it:. most decisive turn t'wards Yoko, in whom ht·'d found a perfect mate, and \\ith whom he'd been ecstatically making sc.1ds of whoopee! Thus, Lennon-to-citizc.:ns-of-Earth: Ftnd true love and it's going to be alright, folks. Who among us has time for revolutions wh1le on a prolonged I loncymoon? My '"Revolution'-advocate~­ sex" position is bolstered · by John-and· Yoko's infamous peace demonstrations held in hotels the world round, IN BED. \X'ccklong bed tns for pcace--<:an anrone spot sexual undertones? Lennon, of course, was advocating that

9

Family Law Project supplements theory with experience

For what could be more "alright" than S~? BY KEN STUEBING

LEGAL ISSUES

18 NOVEMBER 2003

•,, l .se>VC..'"lUloll1tnr.

PBSC also runs programs in the courts, through which trained stu· dents provide legal assistance to people without lawyers. This month· ly column features pro bono students and the work they are doing in underrepresented communities this year.

BY DALIAH SZECHTMAN The Family Law Project (FLP) is a program of Pro Bono Students Canada (PBSC) thac places law students directly in the courcs and on the front lines of family law. It was created through the tnttiative of a group of U of T law studencs in 1998 in response to a speech of the Honourable Juscice Brownstone. In his speech, Justice Brownscone revealed thac up to 70 per cent of the parties in family courc do not have any legal representation. The project is now in its sixth year, and to date, over 100

Osgoode and U of T law students have assisted over 4,000 litigants in family court. In order to volunteer, students must be taking or have taken a course in family law. After intensive training, voluncecrs spend a shift a week assisting people who have come to the courthouse, cannot afford a lav,:ycr, and need £O file court papers in order to start or respond to a legal action. The most common action5 students deal with are claims for cuswdy, access, and child support. The two main roles of stu· dents are to provide information about the litigation process and other resources, such as legal aid and shehers, and to help complete the necessary court forms. "Even being in second year law school, I ftnd the forms difficulc and stressful to fill out," says Anna Wyse, a second-year Osgoode student and FLP volunteer. "I can't believe that people are just given these forms and told to go and complete them on their own." The forms may be especially difficult for the large number of people in family courc wtth language and hteracy problems. Dut:y and adVlce counsel are funded by Legal Aid Ontario, and provide free legal advice directly to litigancs ac the courthouse. These counsel do not have the time or resources to help everyone draft proper documents. This is where students can help. Students spend between one and two hours with each client, helping with forms under the ~upervi~ion

Yolunteers interview the clients, and then help draft the pleadings. Another goal of the FLP is to assist the court system in dealing w1th the burden of unrepresented litigants. Robynne Ka;.:ma (II), a current volunteer, explains that " [aJt

The FLP is a great opportunity for law students, who learn about how the courts work and experience law "in the trenches. "

the end of the day there are still lineups of people who are waiting to see a student... There is obviously a huge need for this program." Michele Warner (III) notes that vol unteering for the program last year made her realize "how intimidating the coun process is for people, and how that exacerbates the anxiety and despair that many people going through family crises experience." The FLP is a greac opportunity for law studencs, who leun about how the courts work and experience law "in the trenches" while gaming practical legal skills. Partictpants develop client-interviewing and legal-drafting skills, and gain insight into il;sues of professional conduct. \lara of duty and 1\dvice cnunse\. Wa\\ (\\),an Osgoode vo\untCCT, adds, wrhe

Family I~1w Project is a good pracucal experience to supplement the theory learned in class. 1 was talking with a duty counsel ar rhe Jarvis court and she com· mented how beneficial the program is for students to really see and expenencc what family law is like before they start practising." During exams and school holidays, there is a 5hortage of students at the court. In response to an urgent request from the court to PBSC, Legal Aid has funded, for the past three years, at least two students to work full time at the court during the summer (the school-year program i5 funded by the Law Foundation of Ontano). This past summer, the ProJeCt expanded for the first time to another Toronto court, the 1911 Eglincon courthouse in Scarborough. PBSC coorclinacors at other law schools in Oncario, includmg Queen's and Wescern, are also working on establishing FLPs in cheir cities. For students, the client contacc is often the most rewarding aspect of the program. Paroc1pants leun a great deal from the chents, who bring to the table a wealth of hfe expenence and knowledge of family law from an important perspective. .As one client wrote, "lthe srudent) was very professional and also respectful. She did not rush or confuse me in any way. 1 \eft feeling grateful for the help l received because 1 would not have been ab\e to do i.\ on my own.n

uu.""

sage at least to nrying degrees, depending on just how much yer folks liked John more than P.tul. It's probably only me, but I'm gent•rally loath to underestimate the extent to wluch the Beatlcs influenced human history. John's assur.1nce was catalytic, even prophetic, in anticipation that you'd be born of lo\ e---11nd durn'J if It hasn't bn·n "alright'' to know you! If therr is one point to rhis ridiculous musical cnticism, it's this: Art need not be rational, and commumcating to be under· stood is overrated. Lennon's lync5 couldn't more plainly ad,·ise against a ,·iolent uprising. But if modern kid~ arc content drawing general conclusions that the song is one more "llippies Rise!" anthem, then that, too, is what the song means. A creauve work means whatever the heck the person looking, reading, or listening thinks it means-just don't waste your time looking through too many C~la~s Onions! If there is a second point to this ridiculous musical criticism, it's this: Return to the Bcatlcs records with your adult minds and mature feelings. people! Though, sadly. I only showed up to the Beatie Party at a rei· ativcly late 18 years of age, I understand that most people thoroughly knew the Beatk-s by the time they were six! You're probably one of them. So, to you, l sunply hope that you continuc to take the time to spin those brilliant discs, and listen carefully for the wisdom and humanity that four of the most mature, thoughtful and sensitized hwnans et'fr rook the time to impart upon a person like you! John Lennon can be your surrogate best friend, too! s\nd what a raunchy friend, indeed~!

Pro Bono Students Canada (PBSC) is a national organization matching law students from sixteen law schools across the country with public interest organizations, community groups, and lawyers doing pro bono work.

*

• At Davies we don't make ads- though we do bring uncommonly creative solutions to our clients' c~itical matter~. And to the needs of our students. Tailored practice areas, flexible rotations, learn-by-doing on maJor files. Vistt dwpv.com or contact Frances Mahil (Director, Student Affairs) at 416.367.6966 or fmahil@dwpv.com to findL~~t more about how you might join the 240 uncommon lawyers at DAVIES WARD PHILLIPS & VINEBERG ·

\


LEGAL ISSUES

10

ULTRA VIRES

Before you throw a party, read this BY MICHEL BESHARA

which was consumed at the CourrierZimmerman residence? If there is such duty, are there grounds rooted in pohcy which would limit or negate the finding of a duty? Whtle Jt is established in Canada that bar owners and other commercial hosts can be held li.1hlc for injuries sustatned or caused by inebriated patrons, the law ~urrounding the liability of social hosts, including emplo) er~. is not clear.

The contentious matter of social host liability is being consi(Jcred by the Court of Appeal for Ontario in what may prove to be a leading decision on the issue. The appeal from Jusuce Chadwick's judgment in Childs, Zoe tl al t. [),sommut.·•:, Dumond tt al was ht':lrd on '\omember 4, 2003. Tht ;lcoon -arose out of a motor vehicle accident that occurred at about 1:30 a.m. on Jan. 1, 1999 on Albion Road in Ottawa after the defendant, Desmond Desormeaux, crossed into onco ming traffic and co llided head -on with another vehicle. Among the passengers in the other \·chicle were 18· year-old Zoe Childs and her boyfriend, Derek Dupre. Dupre was killed in the acci · dent, and Zoe Childs was left a paraplegic when her ~pint' was severed. Desormeaux was charged with a number of offences, and recdved a sentt'nce of ten years. He is currenrly on parole and residing in a halfway Two recent cases have done little to clarhouse. The action for negligence is somewhat ify the situation. In Prevost v. Vrtttr, a British unusual because Chtlds named as co-defen- Columbta court unposed liability on Greg danls the hosts of the "\iew Year's parry that and ~hari Vetter for injuries sustained by an Desormeaux had attended earlier that night. unun.1ted teenage guest who was invoh-ed in The trial judge defined the issues as follows: a car accident after lea,ing a party thrown Do Dwight Courrier and Julie by the \ 'etters' teenaged son. In a summary Zimmerman, a.~ social hosts, owe a duty of trial., the judge found that the \'etters, who care to Zoe Childs, a passenger in a motor had knowingly allowed their home to be vehicle who \\.':IS seriously injured as a result used for teenaged ·drinking parries, failed in of the negligence of Desmond their duty to take care that guests not harm Desormeaux whose ability to operate a themselves or others. •tbe B.C. Court of Appea\ ovc.:rturnec.l. the dc.:c.bi.on and orc.l.c.:rec.l. mn\m veh1c\c was impaired by alcohol

The facts of this case make it easy to argue that the hosts should bear some responsibility for the injuries suffered by Zoe Childs.

a new trial staring that the case raised issues that should not ha\·e been determined by way of a summary tri.1.1. The case settled out of court in October 2002. In f111ntt~ \ullon, an employer was found partially liable for the injuries sustained by an intoxicated employee after leaving an office Chri~tmas party. The employee went 1<> a restaurant where she consumed one or two more drinks and was involved in an accident on her way home. Though the employer had offered cab rides to employees, and had specifically offered to call llunr's husband to drive her home, the court fow1d that the employer could have taken a\\-ay I lunt's keys, assumed custody of her car, or insisted that she stay in a hotel. The Court of .Appeal for Ontario re,-ersed the trial judge's decision on technical grounds, and ordered a new tnal but the case settled out of court m December 2002. In Childs, Justice Chadwick considered the 1/unl and Pm•ost decisions along \vtth several others, but found that the case before him raised novel legal and factual issues. On the facts, he accepted that the host Dwight Courrier, who was friends with Desormeaux for over 20 years and had briefly been his roommate, "was well aware of Desmo nd Desormeaux's past drinking problems including his previous com-ictions." The judge was further satisfied that Courrier " deliberately did not pa} any attention to how much alcohol was brought in by the Desormeau.x group or how much was

the host should have been put on "red alert" that Desormt:aux had had a great deal to drink. The judge accepted evidence and testimony that Desormeaux had a blood alcohol level of almost three times the legal driving limit, and that he "would be showing ob,·ious signs of impairment when he left the party." Duty of Care With regard to the legal issues, Justice Chadwick was of the \-iew that the duty of care he ''~Is asked to consider \\'as new and novel :md "not merely an extension of existing torr Ia\\:" Thus, the judge turned to the basic principles of negligence law enunciated by Lord ,\tkin in lJonogh11e v. Steunson. He found that the injuries suffered by Zoe Childs and others were reasonably foreseeable, that the requirement of proximity was met, and that the hosts Dwight Courner and Julie /.tmmerman "had a duty not to turn Desmond Desormeaux loose on the highway where he could cause injury or death to others." The court concluded that the hosts' breach of duty was by way of contributory negligence, and assessed their negligence at fifteen percent wtth the rest attributed to Dcso rmeau.x.

Public Policy H owever, in further analysis that will surely raise the ire o f some torts professors

PLEASE SEE "HOST" CONTINUED ON PAGE 11

eonsumc.:d whilt~ '"' th e p remisl.-s," nnd tha t

J o 1 n bl a k e s . co n1 ... · :-. '0

I

OTTAWA

TORONTO

CALGARY

VANCOUVER

BY BEN PERRIN This summer, while Vlslttng the serene shores of Prince Edward Island, and trying my bes t to avoid the Anne o f Green Gables " reality to ur," little did I realize that this unassuming province is labouring under the weight o f some hidden laws, 5trangely still on the books. Charlo ttetown: prO\·incial seat o f gO\· crnment, birthplace o f Confederation, but also the town where laws that seem them· selves to be antiquities never die. In 1974, the so-called lflhitt Cane A ct became law and remains in force. Secuon 3 of the A ct states that "No person not being a blind person shall carry or use a white cane Ul any public thoroughfare, public conveyance or public place." The penalty, set o ut in sect10n 4: a $25-dollar fine. If one is so inclined to walk the "throughfares" of PEl-such as the wide, one lane provincial highway-With a white cane, for whatever reason, or to make a similar fashion statement at the Anne o f

LONDON

; ,,1 , '

1

BEIJING

Green Gables "\.aoo nal Historical Site (no doubt a "pub!Jc place" under the /l rt ), there is a loopho le of which you will be happy to learn.

Charlottetown: provincial seat of government, birthplace of Confederation, but also the town where laws that seem themselves to be antiquities never die.

While residents of the noble Island must live under this oppressive anti white cane regime, tourists from abroad are free to saunter about with their "walktng stick the major portion of which is white." Section 2(1) of the Act states that it only applies to persons who are residents of the

provmce. N o n-blind no nresidents can to 30 days in prison. The real kicker is that enJOY the freed om o f using canes o f any each day of noncompliance is a ~eparatc colo ur. Remember to bring identification, offence. however, smce secoon 2(2) imposes a draAgain, the legislature of PEl decided to conian reverse-onus provisio n whereby an prov1de some equally interesting defences. accused person is presumed to be a resi If you're lucky enough to have yo ur dent of PEl until they can prove other· derelict vehicle considered as an "antique wise. mo to r vducle" then you are completely ~o. enjoy meandering through the thorexempt, even if it is ino perative or unsightoughfares and public places of PEI with ly. Of course, an old Pinto or Pacer will no t impunity while on vacation or business on do. Among o ther things, for your ~ar to be the Island. As a resident of any other an antique and save you a hefty fine, you'll province or country, you are free to walk have to become a member of the PEl with the freedom and style of a white cane. Antique Auto Club. Just don't forget your ID. Just where does one happen upon such Just one year later, the Unsightfy Proptrry obscure pieces of legislation? Well, that's Act imposed other restrictions on the liber- just what trolling through the dusty shelves ty of Islanders, this time concerning their o f the Great Library of Osgoode Hall is private property. Section 1(h) deems prop for on a warm summer's clay. erty to be "unsightly" if tt has a "derelict motor vehicle" on it. Section 18 prohibtts a I lou you come across a'!} "strange-but-/rut laws" person from having such a vehicle on his doing summer rutarch or UIOrking on paptrs? If or her property if it is "viewable from the so, send them in to Ultra Virts at hjghway." The penalty is hefty for keeping ultra.tinJ@utoronto.ca. an old clunker on the front forty: a fine of between $200 and $2000, and in default up

Host liability explained "BEFORE" CONTINUED FROM PAGE 10 -~~ ;."

Kevin-Paul Deveau,Vanessa En1ery, Rebecca Katzin, Tariq Ren1tulla,jeffrey Shafer and Ehsan Zargar.

MONTREAL

11

Strange-but-true laws of PEl

BLAKES WOULD liKE TO WELCOME THE FOLLOWING Uofl STUDENTS

0

LEGAL ISSUES

18 NOVEMBER 2003

th t R to~.w sc.;ho·ol ,.Jusuc..:c C hac\wu:k ~nnau.l

red whether public policy reasons hould snvc to negate the dury of cart'. I k concluded that there ar~ in fact such reasons. In weighing the policy considerations, the Judge said that a finding of social host liabtlity would bring into play the host home· owner's insurance, thus pr0\1ding the \-ictim with additional recourse for compensation. 'Ibis would be particularly impo rtant in the event of an mtoxtcated driver who was uninsured. "Jevertheless, Jus tice Chadwick decided that a finding of liability "would place an inordinate burden on all social hosts" because they would be obligated to inquire of their guests whether they had consumed any alcohol or medicine before arriving and would have to monitor any alcohol consumption during the event. A host would then have to make an inquiry into an intoxicated guest's ability to operate a motor vehicle. This would be even more difficult if the host had been drinking. The judge further felt that a finding of liability would not serve as a deterrent in the way a criminal conviction for drunk driving discourages the offence. Justice Chadwick decided that "the gov ernment has both the financial resources and legislative ability to regulate social host responsibility" and concluded that "there is good policy reason not to expand tort law to include the social host. .. it should be left to the legislature to determine a social host liability and also to properly compensate the innocent victims." It remains to be seen whether the Court of Appeal will agree with the trial judge and uphold the judgment based on policy grounds. This would effectively close the door on social host liability in Ontario, at least as it pertains to hosts of private parties and until the Supreme Court or the legL~la­ ture decides to intervene. On the other

insiP.,hts from the F:.nvironmental Law ( lub

hand, a duty of care that arises under very l'tringent circumstances mav be c.ounte"·""'cc.d wtthout opening t\u 'nocn..\

£_nt~ u£

social host liahilil) and wuhour n orung to p u blJe policy argwnenrs.

On rhe specific facts acn·prcu by rhc court, the hosts Courrier and Zinuncrman knew that Desormeau.x was an alcoholic with pre\10us com1ctions, that he had been drinking at their party, and that he drove away heavily intoxicated. Though the boundary that demarcates irresponsibility and negligence is sometimes hazy, the facts of this case make it easy to argue that the hosts should bear some responsibility for the injuries suffered by Zoe Childs. And the judge did dectde as much. The holding of liability could be sustained without fear of burdening social hosts with the task of monitoring theu guests' consump · tion. A duty would arise only if a soctal host definttely knew that a guest was intoxicated, that the guest would be drivtng, and if the host did nothing to try to prevent the guest from domg so. Factors such as knowledge of a guest's alcoholism and previous convictions would not bode well in absoldng the host of a duty of care. In this case, Courrier and Zimmerman's negligence arose from the fact that if you invite someone who you know is an alcoholic with previous dnVUlg convictions to your party, and stand by as that person becomes intoxicated and drives away, it is reasonably foreseeable that your guest may be involved in an acciden t and injure him/herself or others. In Childr v. Duormtaux, the trial court, in a decision based on public policy, made it clear that social hosts would not be held liable for injuries caused by inebriated guests. The Court of Appeal will determine if that decision has gone too far, and if trial courts will be allowed to exanune the irresponsible acts of social hosts to determine the circumstances under which they may be held liable.

provincial environmental bill BY MICHAEL PACHOLOK the Onrarto


_12--------------------------------------------------------~T~RA~DING SPAC=E~S--__________________________________________________________ 13

(

study area. Although I agree with Ms. Schonfeld that this area has the potenoal to make us feel as if we are outdoors, I believe that we must go further in order to accomplish this goal. We should replace the flooring with grass, cover the sterile, white bench with moss, and add more trees.

BY JUDA STRAWCZVNSKI

For the law stttdutt, Falconer and Flave/le become the home awqy from ho?JJe. Some student~ lose themselves in the library -w-ith noses forever in cases, articles. and course notes. Others sink into the pillows of the couches of the Rowell Room. We all $pend a large part of our rime on campus, )'Ct few of us stO'{l to reflect on the phy,..ica\ :;urroundmgs of the law school campus.

noting, "In my earlier work I avidly applied the rules of feng shui. But although I agree with its credo, 'As goes our environment, so we go,' I no longer ,;cw the mere correct placement of objects in space as the key to ~o<)c..\ c..\ecorat\ng or design. Rather. ' hclic"c that it 1s the objects themselves that should Pal1.1p~ th:u is due ro the £Kt th at our cambe: cxpre~~n·c. We ha\·e become a sadly pus is so dull and so much the academic under-expressive society, and it is my goalcliche that there really isn't anything to pon· together \\.ith the other foUowers of the der. 1\ico Versailles School-to embellish enviUltra Vim has decided that it is rime to ronments where,er possible." rethink the La'W School aesthetic, and so Here is what Schonfeld and Strawczynski presents this sltghtl} toned-down version of had to say about the law school: Trading Spaces. U\' does not have the budget (or the permission) to redecorate the FLAVELLE law school based on the whims of supt:r- B ora Laskin Library star established destgners. Instead, U\ took LS The library has lots of natural light, Interior DesiJfi Student Laura Schonfeld whtch ts a great plus. The fluorescent lights (B.A. Art Ht: tory, second-year in tenor arc well hidden, and are efficient and envidesign student-International Academy of ronmentally friend!}: Although the individDesign) on a tour of the law school. Laura ual desk lamps are a great idea, they really is trained to be only shine light on half of the desk. able to gut any The law school should consider probuilding and viding bendable lamps, so that sturebuild from floor dents can shine light on their work. to ceiling, but recI KI~\ lamps for $10 each could really ognizes that fo r add a nice touch to the library. ,\ institutions at brighter pamt would also go far in ding to thetr purs unpmv~g the feel of the library. On ·a es, there arc mcx grar day, the walls make the library pensive changes look gray. A brighter paint would that can go a lo ng brighten the entire library. w·ay to tmprovmg JS: Guttenberg must be rolling in spacc..o;. hts gnwe (p<xx chap). These books Schonfeld was nrc outrageously neglected. Each of accompanted on these books contains pearls of wisher tour of the law dom, yet the}' are thrown onto chL-ap, ~chool b} U\' mUSiC Of ugly metal sheh-es. What the law Features bdttor school needs is a Mahogany Juda Strawczynski. Re,·oludon! Out ..vith the cold metal, Stnce his recent and in with the warm, solid wood book.;hclves similar to those we used successfu.l as~em­ bly of an IKEA lO ha e. Of course, for the sake of .-~~~~;R~,_....,.-:cc;:>nsistcncy, the walls would also have Bekvam servtn r00m to be wood·pancUed, and hand-car\'ed cut ($69 plus tax), wooden chairs brought in. A fireplace Juda has become a '"1th a mantel on which we could rest self-declared a bust of Lord Denning would com design ronnoisuur,

lava lamps "'WOUld be mounted next to the doorways, and would sit on the coffee tables. The Barry White would float through the at all times.

plete the transformation of the library. Reading would become the delight of every one. One last comment: The Trudeau portrait, although supposedly meant to pay trihutc In a ~rcat man. is rea\\y a tn\""" to poor taste. lt must be hidden. and qwckly/ Bora's Head LS: The skylight and windows agam allow for lots of natural light. But on gloomy days or at night, there doesn't seem to be sufficient light. There are lots of lights shining down on the bust, but there is little lighting for the rest of the space. If this area ts to be a comfortable meeting area, it should be better lit. Also, some comfortable chairs in place of the benches could make this area more in'iting. I also like the plants. They are a great way of cleaning the air and adding a natural touch to the room. J S: Laura, you had to doublecheck to make sure that the plants weren't fake. We need flora and fauna as if this were the setting of a Natio11al Gtograpbic documentary. There should be vines from the ceiling, and Bora's head should be refitted so as to be the centrepiece of a nt:w fountain that would be the central object of the meeung area. Thoreau recognised that nature is good for the soul, but that nature cannot be tamed. ln this area, nature shall run free, and we shall gain serenity and peace from it. Rotunda Study Area LS: I 10\ e this space. The combination of natural light and use of plants makt-s me fL-el like I'm out~ide on a summer day. The fa~ade of the original building 1s a nice fus1on of old and new. It's like }Ou're looking out from a cafe towards an old building. 'J(, enhance this feel, I ·would

replace the wooden chairs with more of the white ones. This would add a little uniformicy to the setting. JS: \Vhat this area really needs is a waterfall, whtch should start on the upper level at Bnn.l~tl l •ou n ta in. n n d c-suu-.u.lc c:1nu..'n to

this

FLA/B/C LS: The classrooms appear comfortable, but some minor changes are in order. It's nice to see that the lights shine up, instead of down. Lighting shining do\\rn causes glare on computer screens, which would be very uncomfortable for students typing notes. Those look like very comfortable chairs as weU. But I would replace the white and gray walls with a different colour. The gray has the effect of making students feel drowsy. I'd probably go with some sort of shade of blue. It's a respectable enough colour for a law school, and ts comfortable, soothing, yet sufficiently vibrant to keep students from nodding off. JS: These classrooms may be nice, but that just isn't good enough at the University of Toronto Law School. Some of these classrooms are sponsored by btg law firms. The classrooms themselves should reflect law-firm culture. I recommend the addition of a tray complete with fresh fruit, squeezed juice, coffee, biscotri, and Danish ~-~~~~~ pastnes at the entrance of each of these '*"~'-uu

t....)nc

n:u~• u

tihoul c.f h.t\. c..• the "'·otks ot

some of Canada's finest artists proudly dis played. The other should be dedicated to the glassworks of Dale Chthuly. lie should be commissioned to replace the lights, chairs, and desktops with unique glass pieces. These rooms could be rented out for corporate functions, as weU as weddings, bar mitzvahs, and poker nights. The revenue would more than cover the cost of m y over-

The fa~ade of the original building is a nice fusion of old and new.

haul of the law school. Lower H allway LS: Look at these com posites of the graduating classes! Right now they are hidden in darkness. These students worked for years for their degrees. They deserve to have their efforts highlighted. I recommend installing special lights that will shine on each class composite. A non-reflecuve glass covering will also unprove the visibility of the graduates. JS: Although I agree with you, I think that the '80s composites should be enlarged and proudly displayed at the entrance to Havelle. Rowell Room LS: Tlus is a great room. Even on a cloudy day it is warm and inv1ting. I love the riles. This is the perfect student lounge. JS: This is definitely one of the better rooms, but if it is to truly be a student lounge, then there is much work to be done. First, I'd hide the riles (perhaps for when they come back in sty\e) heneath a ruhik'scubed design carpet. The benches would c.lt..·tinuc:l) go. Jn rl1cir place, one.- continuous

lcoparcl·print learllCr coucl1 would span rhc length of the three walls. A disco ball would

rotate from the southwest corner of the room, and a crystal chandelier should hang in the middle. Lava lamps would be mounted next to the doorways, and would sit on the coffee tables. The music of Barry \\'hite would float through the room at all rimes.

FALCONER Main Foyer LS: The n·y draping the walls brings presttge to the building. Inside, the staircase is the mam feature in this building. It should be brought out. I would add lighting so that everyone could see tt. Right now, it isn't sufficiendy illuminated. Between the dark lighting and the dark carpeting, the staircase, in its present condition, is dangerous. JS·. ln a

\)Ol>t-Simp'!o<)OS

wor\d <)£

d~ign.

no huliiling, however prc~ngtnu • :\><ru\u \><: t•.xcmpt f'rom a Super Fun-1 lapp) -.'.,but·.

The srairc:tse should feature a levu at e\·cry floor allowing users to instantly transform ic into a faster, if twistier means o f descending.

Solarium LS: This is a beauttful classroom, but the tables do it injustice. They desperately need to be refinished. The restored ceiling is nice, but the fluorescent ltghring in the entrance to the Solarium needs to be replaced. At the very least it needs to be cleaned. The lights are gross as they are, and do the rest of the room injustice. And what's up with the blue curtains? They're ternble! Change them, please. A lighter curtain would really help here. JS: I enjoy the glass door that separates the Solarium from FA 1. Everyone enJoys peeking into classes in FA 1 from the Solarium. I propose knocking down the rest of the walls that separate the two rooms, and replacing them with glass ones. Jn fact, the transparency of the law school's operations would be enhanced if the entire building were turned into the twenty-first century's newest House of Glass. Wuh the building's already-com pit · cated setup, we could build a truly challenging glass maze.


ULTRA VIRES

OPINION & EDITORIAL

14 EDITORIAL

LETTER

Bay Street recruiting a model of efficiency

Real issue in tuition debate "ideologica I"

T

hose among us who went through on·campus recruit· ing, and the subsequent call· backs, had the opporturutY to experience the efficiency of the Ba\ Street recruiting proces:. at its finest, and some· runes mt-anest. , o one can question the time efficiency of rh1s process for both firms and students. One must wonder, however, about its effectiveness at match· ing up firms and srudents for long- term rclatiomhips. 'I he process starts wh en s rudents shotgun the firms with ap plicatio ns, submitting the same cover letter to 15 or 30 job lo tteries, h oping to h a\·e their names drawn from at least a few hats. The firms, equally crude, first skim off the top ten percen t or so of grade-getters, and then p1ck a few arbitrary criteria like involvement in D LS--also known as answering a few phone calls and chatting with other well·intencioned, bur inexperienced, classmates for about 40 hours during first year; ability to "speak" French; or participation as an "editor"' (read: "footnote checker") with the Law Rc'l.;ev.:-and assign a few bonus pmnts on the basis of these. They then notify each of the lucky candidates chosen for OCh through the sublime\)' t.\m\~\c, an<\ co\d\'i \m~et<S<ma\., conduit that 1s tl\ttorne). Somt• .unong us arc luck_t enough co obrain severn! OCis. We promise ourselves that we will get co know each of the firms in detail before the interviews, so as to ask intelligent questions and appear genuinely interested. But each time we ,;sit the firms' websitcs, our eyes glaze over as the various practice areas-about which we purport to be passionate- seem not only un-intrigumg, but un-discriminable to boot. On interview day, our fears are shortly allayed as we realize that the firms haven't the least concern as to whether we know what we're getting into. It becomes quickly apparent that the firms' only mter est is to ascertain whether we are willing and able to slave away during our formative years under a mountain of paper, in exchange for the chance to come out from under a mountain of debt. Having already come to term.~ with accepting this devil's

bow

ftttnl\

c.tc.Ucu

tbc ve.:..,-

Editor-in-Chtif News Dit~trnons

Editorial/ Opinion Featum Production Editor Produnion A.mstant Bunnus Manager COJ!J Editor Online Editor:r

Ol"-\i.nc.t

I

Ultra Vires is the independent student newspaper of the Faculty of Law at the University of Toronto.

Bcrruna Butt Stmren DesaJ Lisa Minuk, Ian RJchler Ben Perno Juda Strawczynski Erruly Mak John Norquay Sunren DesaJ Aristotle Sarantis Davtd Khan, Juson Petnllo

private one. :ond we nave \ong r.lven it suh

mcrca.,cs don't rc h cv<' the mx l>tlr<l<·n: they

"The real issue here... is ideological. Why do we need to change the system of a public-private balance in higher education costs that has served us so well for so long?"

unpn:sston among numerous candidates tl1<1t tlwy would be made an offer-mduc-. ing those candidates to Jet orher firms fall by the waystde--only co ultimately make offers to half of them. Other firms seemed to be fickle, egoistic, and needy, expressing a great deal of interest in the candidate on Wednesday morrung, but lea"mg him or her waiting by the phone at five minutes past five because s/he unsus- \ pectingly failed to express his or her undy\ ing interest in them, one more time, on Wednesday afternoon. Perhaps the Bay Street recruiting process is, in the end, both efficient and \ effecove. Maybe by its very cutthroat nature, 1t does bring like minds together. Maybe those among us who didn't get jobs, or didn't apply at all, should be happy that we didn't end up in those places, because we may not have stayed long anyway.

ultra vires

It is first argued that higher tuition shifts an unfair burden from the wcpayer to where a properly belongs-the student who will ultimately enjoy the fruits of the education. This argument ignores the fact that education is a public good as well as a

earn more as a result of low-fee educauon for which they are now unwilling to reim burse society. The problem is that our tax system has become less progressive, as a generation that benefits from lowcr·c<>st higher edu· cation now jumps on the ta.x-and-service cuts bandwagon. But there is nothing inevitable about this development-the trend can be reversed. But these general arguments are actually irrelevant if we confine our discussion to the current law school policy. That's because that policy has nothing to do with relieVUig the ta.xpayer of any burden. The law school's five-year plan, passed in 2002, proposes to raise fees from $12,000 to $22,000 in five increments of $2,000 a year. The principal purpose of this $10,000 per student increase is to pay more to faculty. The plan creates a fund of $1.75 million to be so distributed. That works out to an average of about $35,000 a year for each faculty member, assuming SO or so faculty members. There's nothmg in the plan about gi,;ng money back to the taxpayer. Indeed, the law school not only u.ishes to retain its current level of public funding, it also makes a passionate demands for an increase. Fee

Brock Jones' article ("Higher law school fees 'progressive,"' Ultra I"ires, Oct. 21, 2003) makes t'.VO arguments for higher law school tuition. Both are flawed as general justifications for higher university tuition. More importantly, both are largely irrelevant to the debate about this law school's tuitton policy.

pact, we brt"athc a stgh of relief and attempt to disttnguish the firms on the basis of their people. But how is it possible that we, or they, can possibly get to know each other to any ml':tningful extent through this process? Indeed, now that the dust has settled--on Toronto and L.S. recruiting at least-we look around and find that many of our best friends are as yet u.ithout summer jobs. People that we know to possess the highest of character, integrity, and judgment have fallen victim to the short and brutish process that is OCi s. Now, bereft of pride, and full of shame at having fallen short of th eir own and others' expectallons, they rerum to their studies, having "failed" before even reaching the h alfway pomt of law school. Meanwhile, it seems that many of those people who are best at feigning enthusiasm, sincerity, and engagement, but who are much less liked amongst their peers, are those who met with the greatest success during the process. But maybe those are the people in which firms art interested. After all, there is no shortage of disingenuousness among recruitcf1> at some of the largest Bay Street firms thcmse\vcs. Stories abound about

~\iU\\\a\

pu\)\u~.

6uppot\

lor tho.\l rca vn,

that people ger personal benefits from aU levels of education. High-school graduates earn more than those who fail to get that far, those with undergraduate degrees more than people who don't go to university. and so on. It is also more equitable that those who do derive personal advantages from education pay in accordance with the degree of that advantage. That's what progressive taxation does. You get the benefit now, and pay for it later. Higher earners ultimately pay more, which seems fa1r. On tills pomt, it is disingenuous for Jones to cite the example of a person earning $20,000 a year "subsidizmg" a wealthy law srudent. The person earning $20,000 pays very little tax; the burden falls (or should fall) on those earning substantially more. Of the latter, many despite:

tl1e

fact

..uc •'- U .>p up. ~J'hc

!"t•c:ond

;a r~un1cnt

ut , ,._,, la itJ.II ' • . "~

are progressive, because they allow rediscnbut:ion of about 30 per cent of the mcrease to students from lower-income backgrounds. It is true that by g~vernment reg· ulation, 30 per cent IS put astde for student aid. But that can hardly justify the raise in the first place; it's no argument for _an unneccssar} increase that you can ameliorate the harmful effects of it to some degree. If we didn't raise tuition by $10,000 we wouldn't need the 30 per cent. Similarly, the law school's boast that some students attend tuition free and are thus better off than in the bad old days sounds good if you think tuition has to be $22,000. But if the fees were lower, tuition would not be such a large part of the cost of law school, and there would be less need to alleviate

PLEASE SEE "BUILT-IN" ON PAGE 19

Contributor:r Keith Burkhardt. Ronan Levy, l\.fichel Beshara, Juha Guaragna, Andrew Pilliar, HELMU1~ Darnel Anthony, Hilary Book, Salman Haq, Paul Franciosa, Jonathan Garbutt, Heather Frederick, Peter Hawkings, Scott Kirkpatrick, Chris Essert. Adrian Lm Ken Sruebing Ben Arion Tara Cochrane, t.fichael Pacholok, Jim Phillips, Lisa 'cavtOn, Todd Chernecki, ian 01Send, Max Matas, Daliah Szechtman. Ultra Vires 15 an eclitorially autonomous newspaper. Ultra \"ires is open to contnbutions which reflect diverse points of vtew, and its contents do not necessarily reflect the views of the hculty of Law, the Srudents' Law Society (SLS), or the editorial board. We welcome contributions from students, faculty, and other interested persons. Ultra Vires reserves the right to edit submissions for length and content Comrnunicaoons Centre, Falconer Hall, 84 Queen's Park Crescent Toronto, Ontario, MSS 2CS, (416) 946-7684, ultra.vires@utoronto.ca, www.ultravires.ca Advertising inqumes should be sent to the attention of the business manager at ultra.vires@utoronto.ca

LETTERS

18 NOVEMBER 2003

15

Conservation not the answer to Ontario's power woes Suzuki shenanigans fall short on economics BY JONATHAN GARBUTT In some ways, law school ts about learning how to argue, and in some cases, even about how to be the "devil's advocate." It ts m trus spirit that I am replying to the "The Blackout of 2003: Conservation is not just a matter of crisis" article by I leather Frederick in the Oct 21,2003 issue of Ultra Viru. The article, for those who may have forgotten, discussed the latest report by the Da,1d Suzuki Foundation on the Great Blackout of 2003, entitled "Bright Future." In a nutshell, the report states that there is no need for further investment in generacion and transmJssion in Ontario, and that all of Ontario's clectrictty needs can msread be met through conservatiOn. Please take a look at IPWil(dtuidsu!(pki.org/ bright. juttms 1f you would like more info on the report. The report suggests that the solution to

At the current price in Ontario, regardless of the amount of money spent on conservation programs or discounts, it is simply not worth the bother of turning that extra light out.

because of some pretty fundamental econorruc differences, but aJso because the pro gram hasn't actually worked in California. The US government is actually much better at keeping track of stuff like clectncity demand and pnces than the Canadian government (the monthly power demand and price of electricity since 1990 for every US state is available at www.ria.dot.gov/mtt!f/ tkcln'ri!J/pagr/saks_rtvtnut.xls), so we can actually take a look at what has happened in California before and since the cnslS, and the introduction of the 20/20 program. "!be first key point that emerges from the data is that electricity prices in California arc about four to five times higher than they are currently in Ontario. The price freeze (4.3¢/kWh) will be lifted by the new Ubcral government, but even at the height of the power price shock in February of 2003, the wholesaJc price of power in Ontario never exceeded 8.9¢/kWh on a monthly basts. Qust to clarify, k\XIh stands for lalowatt-hour. One standard mcandescent light bulb is 100 Watts, so a kWh is enough juice to keep ten bulbs burrung for one hour.) .Meanwhile, California retail consumers currently pay in Canadian currency, about 18¢/kWh, and at the height of the crisiS, they were pa}mg over 20¢/kWh. This is important because clearly, a 20 percent reduction from 18¢ is worth a lot more than twenty percent off of 4.3¢, or whatc"Ver the government decules the public

can bear. At the current price in Ontario, regardless of the runount of money spent on

Ontario's electricity problem can be found in copying California's response to its own electricir} crisis. Also in a nutshell, Cahfornia instituted a so-caJled 20/20 pro· gram in which consumers at all kvels were given a 20 percent reduction in the price of their electricity if they were able to cut dlmand by 20 percent over the month. The (former) Governor of California Gray Da,·is credited the program with ,1 seven percent reduction in peak demand one year after 1t was implemented. The Suzuki report highlights this success, and cxplams that this is the way forward for Ontano because, as California has shown, if everyone does his or her part, the environment benefits. And this would all be won· derful. if any of it were true. 1 !:,JUess at this point I should reveal that, in addition to being a law student. I am also the chief economist and data manager for tht" Canadian Electricity .Association. The CEA is the federaJ lobby group for the large electric power generation and transmission companies (for further info, pk-ase see our website, uww.culltltct.ca/mglisb/bomt.blnJ~. I should also clearly state that the views expressed in this artlclc are my own, not those of the CEA. The CEA is strictly concerned with federal matters, and electricity pricing and suppl} / demand policy arc provincial issues. The good part about working for the CEA is that I get paid to find and look at the facts and the acrual numbers, and I do not have to rely on third parties to "inter· pret" the facts for me. The problem \\ith the proposed Californicacion of the Ontario electricity system and the 20/20 solution is that it would not work here, primarily

conservation programs or discounts, ir is sunply nor worth the bother of turmng that extra light out. 'Ibis is sad, but true. I know this from personal experience, because I cannot even get my wife to allow me to put in new, energy efficient bulbs in our house. My '"ife says that the new efficient fluorescent "bulbs," which offer the same amount of light on up to sixty percent less elcctricit:y, arc not as "warm" as the traditional ones. "That is exactly the point," I say. They com·ert power to light, not heat, so they arc more efficient. I come home from Toronto every week ro find that she has replaced the efficient bulbs with the old ones, and I have to go out co the trash and dig out the new ones. As a consequence, I am personally very happy to sec that the McGuinty government has decided to end the price freeze. Whlie f am not so happy about the facr that the government is still unable to understand that the only effecti,-c way to encourage conscn-ation is to allow the price to rise to market levels, I am happy that I will no longer be forced to subsidi7e wasteful consumption by others to the rune of $180 per year (the cost of the freuc was about C$600m per year, dn ided by ten million Ontanans, multiplied by the three people in m} family). However, it 1s clear that the pncc m Ontario is unlikely to nsc much beyond 9¢ even in the summer, as Ontario has plenty of cheap "legacy"' power capacity from nuclear, hydro, and coal. But that is a whole other kettle of fish ... Regardless, the real issue is that when one looks at electricity demand in California over the past 13 years, divided by sectorresidential, commercial and industrial-it is clear that it is not the rcsidenciaJ sector that

Letters to the Editor in1penaltsm or ine,•llablc Malrhus1an checks. I can't sa} I han.: recently heard an}one pin the blame for \"llorld hunger squarely on lawyers. \nd although 1 '"as mm·ed by the dramatic and hard hmmg hditors, phrases "our acuons spark reacoons" and "things we say resonate.," I wonder if a In Did d1e iron} editor for l 'ltra VJrts take a tlc more sensiti\-it} about others' succes~ day off last month? F1rst I fudson cs m the OCI process 15 going to stop the Janisch's impas~roncd speech ltbout elimi- world from makmg us the "targets of naung Iav.· school "pettpherals'' that cre- scorn"? I am as guilty as the next for per ate unnecessarily mflated budgets anJ peruating old jokes about conststentl} lare dri,·e up tuition is featured with flashy professors and our mont.]grubbmg dl-an, graphtcs and real newspaper cffel.."tS, then but how docs this affect the public bias tht author of the editorial, "Stop and give again~t law ~tudcnts? Since when has the thanks \dth a bite of hwnblt· pie," whines public been ''biased agaJnst law stufor lulf a page about whiners. And dt'flts''? though I hadn't had a good spanking in n ·nwugh the author admtrably includes while, and most certainly deserved lt, I him or herself in the first admomshment, couldn't help but ask what the author \\"aS such msulting prctenuousness is thankful truly cry:tng to ~Jeep at night about. ly dropped by the end as \\e arc all told, Students complaining about book~torc for the second time in the p1cce, to "mkc Imeups a11d not enough free lunch? Let'~ the spoon out of -yo11r mouth nnd have a be hom:st: ·1ru~ 1sn't compl:nrung, this is ptccc of hwnble pic" (emphaSis nunc, tucd htunour-jokcs we all made in the though arguahl}, in the ongmaJ). The first month of first )car and at C\cry author mentions that "[a}mbition is good opportunit} smce. I'm not defending If. I to have." I would argue that to get here, it just don't think it's fe-J5ihle to litart cen is a prerequisite. And trying to suppress sonng lame c.on"er!\ation!l around the law that in the students hc~:c L" \Ike \.Pjm~ to school Where -uould \\ c stop? \'tc'cl haY~: get l~oft.:.sor Benson to wss on t.unc to d.JsbanJ 70 pcrccnc of SJ S funded (~orr), my bad.) clubs, or at least h~\·e them communic;uc ff notlung d-e. tlus cdironal was somcvu en1.1!1 and not gather on school wlur infiJnnatl\e. 'lbe igrwr-Jn! R-ader grounds. wtll, for ex.tmple, lc-Mn that "{tJherc arc 1be lecture goes on to t"Xpbm how our plOple out Ul(:re "1thout food 'Jberc arc competitive instinct~ and adver:sanal people out there without homes." \nd mstrucuon in\1tc the pubhc to "blame us finall). ro clc.1r up an~ confuston o~bout for the world's woes." I th{)ught the cause the thests of the ptece, "(.,.Je arc not of the \\Odd's \\OCS hlld generally been nb<>,·e the Ia\\:" \X'hat? narrowed down to greedy fu~t world Pel r llmd::i11gs (II)

has been consen.mg power. In fact, residential demand in California, even given the high price of power and the incentive from the government, has contmucd to rise steadily. California residential demand is now running at about 2.7 per cent above last yl-ar (according 10 the most recent data from July 2003). California com-

Despite all the talk you hear about people being concerned for the environment, the numbers show that people really just do not care, or they somehow think that it is someone else's problem. merciaJ demand has flattened off recently, but demand is still up 3.5 per cent ycar·onyear. It is rl':tll}' quite startling to note that the decline in demand is entirelr attributable to the industrial sector. If this were the result of mdustry response to the incentive, it would be a partial justification, but in reali ·

ty, industrial demand has been do\\n because the California cconomr is in the dumps, industrial output has been declining rapidly, and jobs are leaving the state. Or at lease so said GoYernor·Elect Schwar/eneggcr while he was running for office. The moral of tlus story is that if you want to cut clectncity demand, just cause a d~:cp recession, preferably while also destroying the industrial base. Consen-ation is not a panacea. In fact, while most people talk a good story about con sen acion, as we saw during the 2003 blackout and the week followmg. It is really only industry that adjusts its demand in any significant manner to new circumstances. Industry adjusts because they can shut down. If it gets shut down for too long or roo often, industry (i.r. JObs) will also leave the jurisdiction and moYe where electrici~y is more reliable and affordable. The reaJ California numbers show that there is no magic 20/20 bullet that will rcsoh·e Ontario's electricity demand prob !ems. While I certainly belcive that conser· varion \\-ill be a part of the solution, it's the introduction of new, more effictent tech· nologies over the long run that will be most

PlEASE SEE "ElEC." CONTlNUED ON PAGE 16


ULTRA VIRES

OPINION

16

18 NOVEMBER 2003

Winter trendspotting BY JUUA GUARAGNA

Nonexclusive network

acterisric is to cast an overly harsh judgment BY PAUL FRANCIOSA from vanous socio-economic backgroun<.ls. on the club's members, who signed up for Although gen<.ler differences in Cana<.la little more than an opportunity to broaden They say you can never go back again-but ha\e Jiminishcd in recent decades, mem- The Gentlemen's Quarter (GQ) is a d~b their knowledge and enjoy the company of that intends to prov1dc Jts members w1th tell that to the folks at one of the Faculty's lx:rship in certain organizations srill remains informaoonal an <.I entertaining activities in a those with a common tnterest. Ycry much based on sex. A whole range of newest club~. the Gentlemen's Quarter I r is undeniable that the club will result in social and fncnilly environment. While the (CiQl. They \\ant ro go back-back to the organi7ations remains disproportionately the formation of social networks. Any club, club targets activities that have traditionally good ol' day$, it ~t:cms, when men-only male, including polwcal parties, sports or friendship--for that matter-at group, been classificJ as those which are of interclubs held sway in societ:y's boardrooms and clubs, professional groups, labour unions, the school is a potential networking opporest to "gentlemen," the club does not and commuruty associations. In contrast, backrooms. tunity. While there are some who will exploit Ar an institution that already has an aura women continue to predominate in associa-~ resrrict its membership to males. and benefit from their networks, there arc Wht:n the club was founded last year, it tions rclateJ to traditional female roles, such of cxclusn·il); and in a profession rhat who 'Will not. Criticizing the GQ those was recognbed that the eXIstence of a club as religious groups and social-welfare orga-~ remains stubbornly conservative, the crebecause ir creates the opportunity for stuwith such a focus would prove to nb.ations. This is exactly the type of segbe conation of the GQ is a lamentable step backtroversial; however, Jt was decided that there dents to develop a network IS unfair for two ward. For one, the GQ has made but a mentation rhar a dub like the GQ-with was sufficient support of the concept of main reasons: First, the networking opportoken attempt to include women 10 its acri,-- events like c1gar nights and suit-shopping tl1e club to warrant its formation. This year, tunities available through the GQ are open ities. No females attended the GQ$ first expeditions-perpetuates. It would be easy to say, "Well, we've tl1e orgaruzatlon collected names of inter- to everyone interested in the activities of the event. Apparently, the initial email invitation ested students at the clubs fair, and these club, whether male or female. Second, a studJd not include any women eirher. True reached the poinr where we have full equalstudents were provided wirh information dent lacking interest in the club's activities enough, by their very nature, some Ity between men and women." And there may be a time in the future when clubs such regarding the first event: GQ Cigar Night. could not possibly exhaust all other potential groups-such as relig~ous and cultural No women signed up, or attended the networking opportunities at the schooL The ones-are geared predominantly to one as the GQ will not stand for exclusivity and club's first event, but the lack of female par- members of the GQ are all students at the segment of society. But rhe mark of a truly elitism, JUSt like there may be a time when tiopatlon was not an unanticipated occur- Faculty of Law, and those who wish may inclusive student group is a sincere attempt we no longer need affirmatiVe action. But rence. By the nature of its activities, the GQ attempt to network with them in several setto reach out to all members of rhe we are far from that day. Not when the appeals to a limited audience; however, this tings, the events held by the GQ representFaculty-and in my expenence, events number of Black partners on Bay Street is limited audience is not an audience com- ing only one such opportunity. organi7ed by groups such as the Native Law small enough to count on one hand. ~ot In closing, the GQ is not a club intended prised solely of men-it is an audience Students' Association and Women and the when our own governor general has castiLaw were always widely promoted as open gated the legal profession for its chilly comprised of individuals with an interest in to reconstruct barriers for women in the law to a\l. reception of women. "'lot when a fellow the acm;ties of the organization. Further, or in society in general. The organization ~ut the -p~ob\em with the GQ goes Mus\im \aw student cannot find a non-alcovirtually every student organization at the aims to provide its members, whoever they \-><:>jon~\ ~u.\>\\<.."\\'j. Women a£e ...,e\come to holic dnn\t ->.t h\s fum'" Fnd-..y ,-,.fte~noon law school appeals to a limited audience, may be, with the opportunity to participate )V'\n \).'-~ ~\..~, ._......,._ u.,.~ *&'-.....,.-p • W...n""to.~~.._., '-."'·•~ <r:Cc;._.\-,U.()\"\... n~-.<\ung the. <.>Q iliffc~cnt only in people's m ccrt:un types of activities. Like all other Franciosa. That ii like a country club claim In the final analysis, the GQ:S actions prcconcepoons about the club. organ1zaoons, rhe GQ has a chosen focus, ing it values divenJty but imposes strict speak louder than words. It is telling that in That the dub's activities will mostly be and while the activities of the club may not dress code requirements chat effectively rhe GQ's quest for financial support from attended by men should not evoke fears appeal to everyone, no club is created with exclude the nst majority of society. law firms, it addressed its correspondence among those concerned about women's this intention. The GQ will continue to Substantive equality doesn't mean just to one regional managing partner as "l\fr." I rights. The GQ Is not a club where mem- hold events which are in keeping with the removing obvious barriers to preVIously wonder if she minded. bers gather to discuss the position of men focus of the club and which arc in line with excluded groups. Policies and rules may in the modern world and what can be done rhe interests of tts members. appear to be gender, race, or class neutral in Salman Haq was the editor-in-chirj of Ultra to restore previously existing gross appearance, but have different effects on Vim dunng the 2002.03 a;adtmic year, and inequities in gender privilege. To imbue the Paul Prandosa is a serond:Jtar law student, and tht men and women, minorities, and people graduatedfrom the Fact~!!] of Law in 2003. organization with such an undesirable char- Pnsidrnt and Founder of Grntkmtn's Quarter.

BY SALMAN HAQ

I

I

Electricity demand steady despite calls for reduction "CONSERVATION" CONTINUED FROM PAGE 15 effective. In the meantime, people just have to face the fact that Ontario will need more power-:-not necessarily because industry needs 1_t, but because Ontario's growing populaoon demands it. This brings me to Chart 1. You will note that while the electricity demand per unit of overall total Canadian GDP has fallen sh~ly over the past decade, demand per c~pua ~as remained stable, and actually has nsen slightly. Once again, despite all the talk you hear about people being concerned for rhe environment, the numbers show that people _really just do not care, or they some~ow think that it is someone else's problem. The ~umbers clearly unply it has been big, bad tn~ustry that has been doing all the he~vy lifnng as far· as conservation goes, while the average retail consumer has con tinued to suck more power. . In the t:nd: the sustained lack of any unprovement In per-capita demand means that either we reduce the number of newcomers (not likely or smart), or we will be forced to increase electric power supply. And by the way, the average cost per kWh

for new gas fired and wind-power plants (wruch the Suzulu Foundation suggests are a preferable alternative to our current hydro/ nuclear/ coal generation infrastruc rure) is about 15¢ and 22¢, respectively. These prices are--even assuming gas pnces do not continue to skyrocket and wind power gets some massive federal subsidies-much more than Ontarians have shown that they are willing to pay. The upshot of all these numbers is that Ontario is going to have to build more electnc power generation capacity, and soon. Moreover, unless consumers become more ~g to pay a lot more for power, Ontario IS going to have to take a hard look at expandtng the hydro, nuclear, and coal plants we currently have. In conclusion, the Suzuki Foundation derives tts credJbility from Dr. Suzuki's reputation as not only an envuonmentalist, but as a serious, rigorous scientist. For the Foundation to then use his name to pump our under-researched, completely unscientific crap is unforgivable. I realize that I am making myself into an easy target for the kind of slander and outright character assassrnation that befalls any-

~ne who dares question the greenies. Oust like BJorn Lomborg, my crime of "environmentally seditious logic" 1s further exacerbated by my use of reliable, easily under-

standable data to back up my claims.) The sad reality ts that unfortunately, 1 doubt that anyone will take me seriously enough to bother.

Chart 1: Canadian Electricity Demand per $million of GDP, Per Capita MWh 18.0

17 I•

For and against Gentlemen's Quarter: A lamentable step backward

DIVERSIONS

Canad a; Ele c tr i c Power Demand ; pe r Cap it a, pe r C$ m illion o f GOP : MWh

inca

Change

17.5

690

1990: +5.3% 670

17.0 2002: 17.7 MWh

650

16.5 630

16.0 - p e r Capita

15.5

610

- p e r C$m of GOP 15.0

590 Change since 1990:-13.4%

14.5

570 2002:569.7 MWh

14.0

1990

50

1992

1994

1996

Source : Stahstics Canada,CANSIMtl

1998

2 000

2 002

GOP in 1997 constant dollars, NAICS

vmble in a bnghter colour; second, colour The miniskirt has been a steadily rising 1.11crcases exponentially the fabulousness trend over the past year, and it is still gorng ()\·ember is the perfect time for law stu- factor in the plainest of clothing, so it is a strong. Particularly popular 1s the pleated Jcnts to invest in new clothing. 'l11is state good way to be fabulous \\,thout resorting miniskirt, which was big in the Spnng 2003 ment mar seem counterintuitive--isn't this to clothing that is overly trendy, and third, Chancl collection and on Pans I Iilton (the the time to bust out hideous oiJ sweatpants unlike other trends (the peasant look, I'm girl is useless, but I adrrut, she has style) nnd anJ throw fabulousness to the wind) What talking about you), bright colour isn't likely has no\v filtered down to mass retail stores. usc coul<.l there possibly be for stlletto- to look dated within two months. The only problem with this look is rhat, hecle<.l boots so pmnty that it hurts to look The most important colour of rhts trend newsflash, we li\·e in Toronto. Ir's cold. As at them when we arc dangerously close to is probably fuchs~\, but kelly green, acid much as I believe in suffering for fashion, exam ma<.lness? The pleasure JeriveJ from green, canary yellow, orange, anJ turquoise even I cannot ad,·ocatc donning a mini in clothes ~hopping, howc\·cr, ts not contin- are also enjoying a revi\·al. These colour~ this god-awful weather. There is a school of gent upon immediate ~porrmg of the new work well in tops, but In pants, bnght thought that adn>eates sporting the pleated clothing. Sometime:;, grauficauon dcla)c<.l is colours tend to !<Cn:am, ''I'm tr)ing too mini with leg-warming tights or stockinh>s· gratificauon enhanced. Furthermore, Juring hard," and, unless you're really thin, "I look Such a look can only be toler;ttcd if the these stressful times, nothing sa} s solace fat." ,\!though red is also popubr right ml\\; tights are opaque and brighdy hue<.l, lest you quite like new consumc:r goods, and goo<.ls I woulJ amtd it. It looks slightly dared, care to resemble a fashion victim, or worse, you can wear console best of all. owing to the brief resurgence in shoes anJ a fashion dctim circa 1993. You may be saying to yourself, "I have no bags it enjoyed three years ago. If colour is Gloves (not the winter kind, but the kmcl time to shop! I necJ to learn important legal really not for you, at the very k·ast tr) wear- Audrey Hepburn wore) arc also vcr) trendy, principles that I wtll nt:vcr, ever usc in the ing winter white, preferably in a coat or but unless you're a member of the British practice of law! Shopping is for philistines accessory. Indeed, the very best way to Royal Family or attending a Jebutantc ball unfamiliar with the rights model!" Calm in<.lulge 10 the colour rrenJ ts through acces- in Tennessee, you \\ill not be able to pull off down, gentle reader-shopping is for you, sories. The absolute hottest thing you can the look of satin glove~. A better alternative too, and I will make ir easier for you by set- Jo right now is ro purchase a patr of fuch - is a leather, wool, or cashmert: wtnter glow ting out some of the current big tren<.ls. sia or green or periwinkle hecleJ boot~ or that extends to the elbow or mid-forearm. One of the most visible trends right now shoes and a bag in the same colour. The gloved look is all wrong from a law and is hrighdy coloure<.l clothmg-\ery BL-:>idcs colour, crocodile texture is the economics perspective: 1t is completely Samantha Jones :l Ia Jtx & thr Ci!J•. By big trend in shoes and bags and belts right mefficient, since you'll likely be pairing the "bright,'' I mean jewel toneJ, not neon ncm~ Personally, I'm not a big £m of the glove with a long-~lened sweater anJ \\inter (thankfull)~ nt:on has hecn on hiatus since croc look, because it's not particularly \·ersa- coat. Even if you arc rather ambivalent to 1989, save for the truly ,;sually offensive). ti.lc (i.r. it clashes with a lor of looks). If you law an<.l economic:;, you havt: to a<.lmlt that Bu);ng bright is a good idea for three rca- arc inclined to follow this trend, pk'asc such a look is ridiculous. sons: First, often the beauty and Jetail of an remember that crocodile looks best in a ,\ few more ttcn<.ls bear menttoning in accessory or clothing item is much more large, structured purse, and belts that arc brief: The prt:ppy-chic look is big right now, not very thick. most noticeably in all things twecc.l, as well :~~~~~~~~

as argyle !>-wcaters. Argyle is a cure way to make a winter sweater less boring, but it can look dowdy, so tteaJ carefully. '1\veed, e~pe­ cially in black and white, strikes a nice balance between retto-chic and contemporary, anJ looks incredibly modern as a jacket with the right shape, not to mention purses and hats. Also wry hot arc cord, lt:athcr, fur or Jc:nim zip-up jackets with knit cuffs and turtleneck collars. ~Iod is hack, hut beyond its U . l' of bright colour, noboJy seL'IllS to actuallr be wearing the look. ,\lod tenus to look too cartoonish and Austin Po\\CCS. yet it resurfaces c\·t:l]' few years as the latt$t trend. I listory suggests that if we tgnore the look, it \\ill go away (for a fL"\\ years anyway). ,\ly feet wt:rc not pk'ase<.l to k"arn that kitten heels arc back; they eagerly await nL"\\·~ of a return to round toes (technically roun<.l-toed shoes ne,·er went out of style, but the pointed toe remains the hottest roc and shows few signs of abating). Fishnet stock1.11gs arc also enjoying a renewed popularity as of late. If fishnets arc a liule too hoochic for your taste, I suggest pairing them with pants and a closc<.l·tOt.' strappy heel, so that only a few inches arc visible. This look is srill slightly hoochie, but in a way that channels Britney Spears, rather than Christina Aguilera (a subtle )et impor tant distinction, I think). So shop \\;sely, dear reader. And just think-m January we will actually have time to take all these clothes out of our c\o~cb anc.l wear them.


19

DIVERSIONS

18 NOVEMBER 2003

BIZ SCHOOL BEAT

Billing your worth

Morass of the semi-educated

A student's billfold caper Thursday, let's celebrate the weekend" c\ cnt at the Duke pub. ,\ week later, I got a tdc· I lost my wallet walking home one C\ ~o:ntng. . phone call informing me that my wallet had been found. \\'hen I ptcked up my wallet .~\ftcr getting it back. 1 \\as pres~:ntcd with an outsider's \icw of law students and the from the mysterious Cood Samaritan, a note had been added to the change pursl.._ legal profession. The story begins with my \\~tllet landing a note that I felt was worthy enough to on the pavement by m) house, late one ~hare with my fellow law students. The note read: evening while returning hotnl' from an "It's

BY TARA COCHRANE BY LISA CAVION

;oir dr tit•rr .

This is the real difficulty with being so damn average, frankly; I'm just not qualified to get involved.

But no. Instead, I'm caught in the netherworld of the ~emi-cducared. I cannot command the effortless brilliance required to squash rime-waster:; wtth an mcisivc dtscussion of, well, anything, nor can 1 comfort myself with the thought that, )es, daf!Jmil. l am af!JOI~~ IIIJ brrlhrw, while watching "Charmed." And the upshot of this unfortunate middle-of-the-road-ness is that rather than either running my own fabulously prof itable neo-neo-post-con~ervati\'e tlunk tank or pondering the eligibility of various \V\X'F stars, I find myself 111 1\icgotiations class. In agony. .And not simpl) because I'm in ~egouations class, 111Stl·ad of contemplating my na,-el soml·whcre more scenic. ~o. I'm 111 agony because we're di~cussing the legal consequences of misrepresentations in bargaining-type negotiations, and l think the prof just might he makmg stuff up about fraud. So I raise my hand to object. But then I remember that I don't reallr know anything about cont racts-rcgardlc~s of what my transcript miglll ~a) (big thank ) ou to whome\·er T,\'d for Profc~sor Benson in 2002, btw!)---'---so I lowt·r it agam. Then we start discussing law as a proxy for ethtcs, and public shame a~ a heunstlc for moral decision-making. and my hand shoots up again. But again, I remember that although I know vcrr little about contracts, I really know nothing about legal philoso· phy, so I fold my objections and lower my hand. I pretend ro be scratching my hL--ad, and carefully avoid making eye contact. This is the real difficulty with being so damn average, frankly; I'm just not qualified to get involved. But at the same time, I worry that perhaps this obscenely exptlnstvc- -if so very incomplete-education tmposes a certain noblnsr obl{~t. Docs aware·

ness of detrimental reliance impose a duty to po111t out its wonders to other:; less for tunatc in their pedagogical formation? \\'ouldn't I expect equally eleemosynary consideration from those whose backgrounds encompass the occult worlds of stock short-selling, or debit/credit t journaling? So I'm raising my hand.. . lowering my hand ... r:using mr hand. I realize that I'll probably just get overruled by the class's pseudo-Hobbesian paradtgm, and I go back to surfing the weh. all the while feeling guiltier and guiltier for nor ha\ ing squeezed my insecunties into a ball and makmg a fnggm' ar!,rumcnt already. Until our prof brL-ab out the take-home message. that is. For those of you who would rather no/ spend two-plus years at b· school, here's the thumbnail key to ethical business practice, as communicated to the class of 2005: It's only had if rou wouldn't want your tnmnn1y to rl~U aho\11 11 o n the fron t page of the nt'\Hpapa. \'V'cll, obnously! \\'ho wouldn't addrl'ss the fundamental moral dilemmas raisl'd in the busmess world-like hmv to distribute limited resources, address information asymmetries, or determine reasonable limits to individual desires-by looking deep within his or her soul for a quick check-in with an internalized nosy neighbour? There's really no need to engage intellectually wtth that one! No more existential torment or moral questing. )•rom now on It's between me, my god of choice, and the bloody Seu. )ork Time.rl To be honest, though, l love The Nm• York T~t~us, ethical dilemmas and all. And The Globe and Mail. And all the other perks · of this lovely, wretched education.

Learning ts ruining my life. I think 1 could have functioned optimally \\ ith about a gr:1de- five education, literate enough not to get lost on the subway, but still imbued with enough, ahh, shall we say nauoelf to pass for

G&C 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.

Built-in access limitation a mark of higher tuition "REAL" CONTlNUED FROM PAGE 14 the burden. Moreover, this progressive scheme has a built-in access limitation: For every three studenb from a lowmcome background, we have to have seven who can pay the full freight. And of course we know there arc other problems about debt load and career chotec. But the real issue here, as with the "save the taxpayer argument," is ideological. \Vhy do we need to change the system of a public-pri\·ate balance in higher edu·

cation costs that has served us so well for so long? Why shift the burden so dramatically between generations? It has often been s:ud by its defenders that a high tuition policy with some m oney rediStributed for student aid is " just like progressive taxa· uon." Maybe, m aybe not. But even if this is a bit like progressive taxatiOn, the fact remains that the best form of progressive taxation is, well, progres~ivc taxation.

• Projmor jim Phillips

H: Vt"a~ 1.:\? ar. Vt~ lit(. ~ur.'o\(A U\)OYI your Vt-a\\t.\ ~~~ cu~l~ \o ~na 61~11~ oYI \-%-arootA. \.Jt.Vft.t~ ~o~l~ \o ~YIA crl~ ~~taA-. o~ \CO 0.0\\ar 'ol\\-. atiO, ,.oi'K tviAU\et. \~a\ you Vtou\At~'\ 'ot \oo 'oaA o~ 11tl\~ov\: \~m 'out It~-.\~ 11ft ~ouYIA h.C aYIA t~o\ U\OU~~ ctt.AI\ c-atA~ \o ~ollt u,. you Vtou\At~'\ r.l~ 1\ ~o 1\ .. you'f'i, 1

'1ou1tt ~ol~ lt~\o \ht ~a\ ~ ~~tl\~ t~~u'o\\1\y, ~\us aYIA r.ot~ty IYI your ~u\:utt. \.Jt. Vtat~\tA \o tt\\ you \o tmm'ott t~cn ~ooA \)ta~\t 'otta~ 'oaA \~ aYIA ~'llt.YI ~ooA \aUtS -.or.t\\t'Ki at~A Aot~'t \t.\ your ~u\: ~tt\­ ~~.. \ovraf~i )u~\et. aYIA ~ot~I"U\t~ 'ot \t"a~\(A 'ry \aVt -.c~oo\ ~fo~t~­ 'iO'f'i Vt~o at~ o'A aYIA ha"~ ca\\ou-.tA ..ou\~ aYIA cot~~c\ou~~. f\YIA Aot~'\ ~or~\ \o ~t\W\~ co~« Vtl\~ ~~~, aYIA \oo~ ~~\t. \YI \ht ~~-. IYI \\It couthoo" ~~~U\ I~ 1\ 1.. ~at~. f\YIA tmm'ott Vft.Vft.«. a\\ b ytat'S o'A, 'oouYICIYI~ o~ \\It Vt"a\\<i a\ OYit \)0\YI\ at~A \\1~ YIQ\ -a\Vtay-. ~omoflt'-. nu\\ \~a\ \'o~'tt 1.0 aYIA ~o~\\~1~ 'l.b -aYIA ~ot~~\~ to ~ay mffic \lc~t\i, \'; aYIA ~o~\~ Vt«A, ~~t'o\\(. cnc~ h~ti <M.t your \Wt a\ 'YL 0\-1 yta~, 11ft \'oou~~\: a ~ooA r.ora\ Vtou\G. 'ot \:o \:~\you ~'ft. a\\ u~ OW\ c'oatOf<i ~ot OYit \~\~ o~ -a"o\~~ ~\)\ ~~~ o.,oo~ ~~\t. \\~t. ~o<i\ c~\~\t\"a\<i ..-~o Of-"<c3u~ht C)o, It's ~oocl t'h3tyour "'o~y Is co"'l~ \r.H:k to you In o~ pie«.

The note brin!,rs to mind three observa· tions. One, eYeryone thinks that all law students will be practising criminal law-as if Ba\ Street doesn't either beckon us or cap· turc us 111 Jts net (depending on your per· spectiYe of it all). 1\vo, that lawyers continue to hold a high place in our society. This reminds me of the corresponding responsibihty that we haYe

to the public. In tlw popubr conceptiOn, justice, equality, and fairness arc idt-als and hallmarks of the profession. It is up to us to earn and uphold that pri\'ileged position as ad,·ocates in the system. J\nd three, that all this responsibility is borne by people who art· irresponsible enough to lose their wallets IS a SCar}" thought sometimes ...


shoulder ($9.75). Everything comes \\ith delicious bt":tns and rice, as well as crc.:amy colesLl\\:

The Real Jerk 709 <~ucm East (ar Broadview}" (416) 4(13 6055

* ** * *

Spadina Garden 11H Dundas \Vest (at Bay)

416 977 .Hn

BY CHRIS ESSERT

Ranng:

**

Sometimes, you"re better off going where A good bet, when trpng desperately hard EVERYBODY tells you to go, rather than to find a good, inexpensive place to eat, is to listenmg to any one gourmand. ,\nd everyfmd out the places where the chefs eat. Greg one who cares about Jamaican food in Couillard, chef at Sassafraz, which is a 'Joronto will tell you that if you want rhe fancy-pants kind of place, recommended mllllt-al, you've got ro head to the Real Jerk. h JS, admirtcdl); a little bit our of the way, Cafe 668 (the place that I gave a glowing scemg as how it's all the \\ray at Queen and rev1cw ro t\vo issues ago). So I grabbed my Broadnew (on the wrong side of the D\'P), Surly Yet Lm·ely Companion (who so far but if you've got a car, or a Metropass for has accompanied all my expeditions) and that matter, Jt is \·ery much worth the trip. It headed down to Ba} and Dundas (the old, old, old Chinatown) to have rurmer at is so much worth the trip, in fact, that I Spadina Garden, another Couillard recomrecently drove there (a forty-minute return mendanon. lt was, to put it mildly, a failure. trip for me) in the middle of a thunder 'Ibronto is a great town for Chinese food. storm, at night, just to get takeout! J\nd holy bastard, was it worth it. Starr I'm sure all you Vancouver people will chime with some dumplings, or if you hke in at this point to tell me that you think the bananas, try the fried plantains, which Chine~e food in VancoU\·er is so much betapparently is pronounced [plan' ten], not ter than it is in 'Joronto, just like everything else is better in Vancouver. To this I say: (a) [plan tane'], as I had previously thought. 111e menu is broader than you might What a load of crap, and (b) Go back to expect. Try Jamaican curries ($9.50) for \'ancou\'er. But, as they say, I digress. 'toronto's got ~orne really great Chinese something mild. Interesting alternative choices might he escovitch snapper ($12)- food. lf you can't make ir out to Highway 7 a f1sh fried in carrots, onions and celery, or and the 404 for the really great stuff, there ackee an<l sa\t cod, "}amaica's ,...,_anona\ are sti\\ a few terrif1c places nght on Spadina D\~h" (..\\-:'1), ....hkb ""\m know!'. wbat it is, at Dun<las. Bri!!,bt Pear\, Ro\ San, an<l Happy '\.t ,~.. "~~\.~... N·A'-.'\.nn~\ \_'""),.,~"' ,, ,. w. Yl ,., to h.1n: ,,omcthing going foe it, doesn'c it?

,,.u\.

':-;.4.-'-'t.·n ..

''"'name..· ·.-.(c..·~

'.\'r(:;

"i\\\

y.\"ACC11o

"W'hc.n.....'\'c..\

'/DIJ

\

tJE'ItR. ASt'ED ME

~k

OF

-(t~

'/DU2

l>~LE£

article was a dmmg experience of such bmtal standards th.ll It no\\ seems hilan ous. I am wnting thi~ arode so that you rna} a~otd )OUr own p17.~a mghonare. Don't get me ~Tong. I understand the eccentricities of ordering piz?.a from local gounnet :shops. At times, they don't seem to ha\C maps of the aty (how does u take an hour to dme three blocks north'), and definitcl} don't offer a "'10 minutes or if.c; free" guarantee. The quality of the food oftt:n makes lt worth 11. howc\er. That's often, but not al\\-'ii}'S. .\fy affair \\1th J\mato Pizza on College Srreet has al" .1ys been rocky; this was not the ftrsr tin1e I had been disappointed. 'ou sc:e. 1\mato~ has such a huge variety of tfJppmgs, and the hest crust in the c:iry r, e fotutd vet-that is, if it gets to you hot. '!'hey arc, howC\cr, ternl)lc at getting orders right, the deli' cry often takes up ro and over an hour, and sometunes they charge c.xtra for things like cheese. I had had a few bad experiences in a ro"W; so I didn't call for a few months. I flim:d \\ith other gourmet pi7.za shops, but J couldn't fmd an} other wtth such a delietous crust. So, as e.'<pected, I \\ cnt era\\ ling back 1 thought perhaps there rn4,rht be safety in number.;. I didn't want to be denied ag.Un alnne. So.. rny boyfriend and 1 teamed

WHOLE DOLLARS EXTRA FOR WAITING TWO WHOLE HOURS. That struck us as really funm·. "What's to stop us from tellmg all our fnends what a horrible experience we've had?" we asked. "Two WHO/.J~ dollars," they said. "h,1ra!' as if we h.ld not heard. "Oh, J sec," \\ c s~nd as we hung up. 5o, fncnds, seemg as we Q.idn't even get the lwo whole tiiJ/Iarr, 1 thought 1 would JUSt keep my word ,md tell ) ou all the story of our pizza nightmare You can draw }OUr own conclusions.

A~tlflvf.S:

l.HrJ"M ..~f.il·'J• .. j'D: 9 k. c.o.....,

'/OUR WD/tPI N(, VJitS/ \, '-rA'J AWAY FRoM MY .PAUG-H-1"~ '/oLJ L J>o!'l' r ~Ell C.oME 8AC.K J.'~RE AG-AIN 1''

tast): On the whole, however, I'm forced here to gi\·e my first less than-stellar review to a restaurant, and suggest that tf Chinese is your bag, head somewhere besides Spadina Garden.

*

~

*

*

So the moral of the story is, don't m;llie easy choices. Some hotshot saying that a place is good doesn't necessarily make it good. If you rt·ally want delicious food, head on out to the t'ast end for the real deal.

WA1.1 A

flow

))AUG-UTER

MIZ. SZE/'1-r...

i~INK

I didn't set our to \~ nte a food rcvtew; in fact, tt is Lrontc that the catahst tor thts

up and ordered a large puza with broccoh and red peppers (complicated, I knm')· \n hour later, \\ c got a large pi7.7a \\ ith red pepper:; and black omcs. Now, usually 1f tiJLTe is a mistake, I ~'111 JUSt eat the p1zza anyway, but I am m• lover of buck olives, and ~ou know how thc1r uste permeates C\'el') 1nch of what the:) touch! btr enough, I thought. "I don't ha"e to cat thi~. Let's call and complain," I sa1d. "So sorr)," they sa1d. "We wtll rush you another order." A. llOUR LATFJ{. \\C got our second ptzza, tlus rune ,.,_;th the nght top pmgs, BUT It was now a medium instead of the large we had pa1d for. Again, we called to complain. ''\\ e can credit }our three doiL"Ir~ to }OUr accowu," the) satd, "seemg as you pa1d for a brgc." \'i/e choked. "'\X'e can send another ptzza instead," they satd. We said that we would like to eat sometime before tomorrO\\: They sa1d, "Fine, since you have waited two hours, we will credit five dolL1r:; to your account." That's TWO

rather car tl!an Spadina Garden.

Of course, the reason that we're headed Don'r get me wrong, the service was over into western Oshawa for dinner isn't super ruce-our General Tao's chicken ($9) curr}; nor fish, but the real m*" · · • · · · tn' was announced at irs arrival as "THE GE jerk, which is everything you could hope for: f .R.\1 .!!" And come out in force· the General spicy, flavourful, spicy, flavourful There, are d1d. \\e also had the crispy beef ($8), which, choice~: chicken ($9.50), ribs ($11) or (my while resembling ginger-and-soy- flaYoured fa\'Ourite-muld this be a trend?) pork timbits more than beef, was nonetheless

:t

BY HEATHER FREDERICK

DIVERSIONS

18 NOVEMBER 2003

21

Eminem makes headlines... for good reasons

Pizza nightmare!

Jamaica great jerk chicken

Rating:

ULTRA VIRES

DIVERSIONS

20

~

BY KEITH BURKHARDT .\loYe oYer ]of; I! Pel/etirr... There is a new dectsion in town that will he on the firstyt~lr syllabus for years to come. It is a JUdici<ll symphony, a composition from the bench that ri\ als those of l.ord Denning for obscurity and innoYation And it inn>h-es J:mmcm. On :t recent album, l\larshall \lathers recited a childhood memory in which D' \ngelo Bailey bullied him at school. Bailey was ticked to hear that I ~ min em was giYing him a bad rap, so he did what any good Amcncan docs-he sued. Emmem brought a motion to ha\'e the case dismissed, and the judge obliged; however, after dispensing with the case, the judge could not help but add a few musical lines of her own. Our condolences to the clerk who had to draft the following lines of the judgment:

Je!f-belp is the first kite of de.ftmr. }r/ ul;m Railry actua~l; spoh to thr prm lf'/hat do.you think bt did·

Bailq romplains tbat bis np is trash So he's .ruling comprmation li1 tbr.frmn of cash. Bailty thiflks he's mtilled lo some mofltlary g.1in Because Eminem 11srd bis rumu in t'llin. EmitiN!I Sf!JS Btlilry med to throw bi111 around

},fr.

"~address(

Those Jalst'·light thargts that so disturbed J>rompttdfrom Bailey fiOI a sir~,glt u-ord Jo higbf;• ob;tdio11ablr, it ro11/d fiOI be Bailty U'OJ happy lo hrar /lis namt 011 a a>. Bailry also admitted he »W a

Beat him up iff tbe job11, sbot'f!d bis face in the ground Emifltm amtmds tbat bis rap ir protected /b' thr rigbts /!,llarafltetd l!J the First Ammdmml. Emiflem maifltains thai the story is /rut

And that Bai~ey brat him blark and blllr. In the allernalit't bt sltltu tl1al thr story is phiii!J Afld a reasonable pmon IJ!OUid tbink it's bt~lono: The rourt m11sl aiJVtD'S baltmre the right.r OJ a dejendant afld one plared in afoist k"ght. If the plaintiff presmts no q11es1ion of fact To dis11ms is tbe on/y arrrptalllr ad. If the langflage used is a'!}thirJg b111 pltasifl' It RJIISI be bigh/y o!Jertionable to a persofl of rta· SOl/.

bu~/y in~youth

IFhkb ,,,kes ut1t1t Marshall said Sllbslafllial truth. This dottn"flt is a d~{tmt wr/1 knoum And mukrs Bailry~r rast mbstanhi1l!y blmnt. Tbr !J-ni:s an stories 110 Ollt uwrld takt asjc1tl Thry 're all exa._e;?,eration of a rblldisb act. A'!) rea.roflable pmo11 r011ld drar!J m Tbat tbt /yrirs rould on!J bt l!yprr/Jolr. It is tbmfore this ror1rti ultimate posiliofl That Emintm is mtitltd to mmmary disposilioll.

Evtfl if objutionable and ra11sing tiffmst

Who ever said law students were calculating? BY ADRIAN LIU Does this sound familiar? You've managed to spend 90 per cent of your waking hour~ between Flavdle, Falconer, and Pho I lung. :\Iaybe you've done that, and spent the other ten percent in Bora Laskin. There's a cushion m the Rowell Room permanwtly molded to the shape of your hun. You check 1/eadnotes the minute it comes out and fill every available hour with workshops, club mectin~, and CDO sessions. \fa) be you even do your admin. sluft at DLS. But if you've ever had a genuinely free. moment and felt an irrepressible urge to get away from the law school, you may have noticed that the world has changed since you first entered this institution. You don't know how it happened. You used to be just another university student You used to leave school as soon as class was over so you could go home to catch Tbt Prire is Right. You used to think Latin was for geeks (or, if you're one of the two classics maJOrs out there, you thought it should only be spoken by people who could pronounce it properly). Maybe you thought you were going to law school just to expand your mind-hey, a law degree proves you're "smart," right? Whether you like it or not, you're a law student now. And not just any law student, but one from the University of Toronto Faculty of Law. And that means you've changed, in many subtle, yet fundamental ways. Before you reach for that next reading, or email your ELS shift leader to say you're too "swamped" to make it in this week, you might want to take a bit of a reality check and see just how the study of law may have affected you:

1. The campus outside Aavelle That's right, we're attending the University of Toronto Faculty of Law. \X'hile the CDO will have you think that

those words arc synonymous with legal excellence (not to mention a si.x-digit salary), they actually mean very different thin~ to the outside world. 'rake a ~tro\l off law school terrain and you'll dhcover things

Get out there, and find out what the rest of the U of T is about. Who knows, you might find it a refreshing change from law school.

about the U of T that may not be apparent from our ivory tower, things such as the many colleges, the ornate bUildings, and the glaring shortage of parking spaces. You'll nooce that the campus is populated by 17year olds (they're the ones in the Triple 5 Soul sweats and Skechers), and professors who bike to work. \[any students don't have a laptop, cell phone, or PDA de,;ce. Many classrooms don't have power outlets or adjustable chairs. And the hotdogs arc $2.00, not like the $2.50 ones they hawk in front of the RO;\f (tip to non-Ontarians: 1bose are for tourists). Sure, there are downsides to the U of T campus at large. You have to walk considerable distances to get from class to class. You really art just a number, unless you're in anthropology or Finno-Ugric Studies. And you may actually, really, and truly fail a class. But the U of T is also known for its unique programs, research excellence, and student body diversity-things that are trul;· laudable, notwithstanding those seemingly omnipresent "Great \.finds for a Great Future" posters. So, don't only go to Hart House so you

can bump into that cute upper-yt-ar law stu- ally stopped when my fnend's look of utter dent, or to Sidney Smuh to get your Second exasperation started burrung holes into the Cup ftx. Get out there, anc.l fmd out what side of my head. the rest of the U of T 1s about. Who knuw'!l, you might find It a refreshing change from 3. Mathematical Ineptitude Being the compulsi,-e overachievc:r:-; we law school. are, you probably took algebra, calculus, and finite math in high school. (lbat is, if you 2. Non-Law School Friends That is, if you still have any. Let's see, first had 0.\C. If you're a non-Ontarian, you they were busy \\ith midterms (you: "What might ha,·e picked up differential equations arc those?''), then you were busy \\ith OCls in the course of your leisure rt-ad.tng.) You (them: "What are those?') and after tr}ing probably used to be able to mentally add 15 for three weeks to schedule a lunch date, per cent to your bill (again, Ontarians only) \\-;thout success, you\·e decided to stay m and work out just how much you spent at the touch through email for now and hopefully C~E to win the giant Tweet)' Bird you did. Alas, those days are gone. Unless you're get together during the holiday~. '\,eedless to say, it's important to keep up taking family law, you've done nothing but friendships with your non·law school rt.-ad and write for the past few years, and friends. But you'll have to watch out how any mathematical ability you might have had you act around them. Non-law folks really has disappeared faster than your drt-ams of don't use words like "proxy," "rescmd," or bcmg a human rights lawyer. You can try to "notwithstanding" in everyday parlance, and do some algebraic proofs to brush up, but if they didn't know you better, they'd think you really ought to save up your remaining you were trying to show off. Also, starting math skills for calculating your debt or just sentences with "You know, Jack McCoy how much your fust-year, small-group really couldn't run the argument he did, December test rou/J be worth. So, take heed of these pointers. If you're because ... " is probably not a good idea. In general, you just have to remember that out at a group dinner and the waiter forgets normal people aren't interested in the same to bnng separate bills, don't try to do the legal matters you are. You're more lik~ly to be calculations. Let your friends do it. You're asked, "Can you really get away with murder better off giving the waiter dirty looks (hey, if you say you're sleepwalking?" than, "\X'hat you might as well start acting like a la~)'er). do you think of Canada's restrained If you're out with law school friend~. bring a calculator. If you're out With your Law approach to awarding puniri,·e damages?" Case in point: A couple of weeks ago, I Review cell group ... ah, trick question-no was talking to a (non-law) friend about the one worries about the cost of those outing$( If you're one of those rare few who can difference between vanilla ice cream and French'vanilla ice cream and I said some- still remember the quadratic formula, you thing like, "\Veil, the taste difference is not might want to make yourself known insignificant." My friend replied, "Don't you because you'd come in handy. Hey, why do m<.'ll!l significant~" Upon which 1 launched you think there's never enough buns for the into a tirade about how no, not insignificant burgees at the annual Bean's BBQ? Or, as a last-ditch effort, you could sign does flO/ necessarily mean significant, the(re not the same, and the court considered thts up for the JD /l\ffiA joint degree. I hear in the case of R 1; Ntltt. In the case, the they sometimes talk about numbers over issue was the test for causation ... I eventu- there.

..


,.,..--

w . Ultra V1res cross r d ACROSS

4 professor recrwtment policy at the U ofT Faculty of Law 9 Olestra's nasty side effect 10 horseperson of the apocalypse 14 Lord Denning's first love 15 ought 1mplies _ _ 16 pompous 17 loquacious ungulate 18 annoy 20 days of empty small talk 23 exaggeration for the sake of effect 25 economics buzzword 30 tips of the slung 32 leader of the Assembly of First Nations 33 normlessness 34 SLS president 35 disjunction 36 benefit foregone by not using resources in alternate ways

ULTRA VIRES

DIVERSIONS

22

FROM THE SIDELINES

f--

r

~

r l4

BY LISA MINUK

rr--

9

14

lfJ

1--

I

I I

I

f--

~

12

f.--

r--

f--

1--

17

r8 IZl

l

19

I

2 bears do th1s without a duty 3 grandmother who is spinning in her grave 5 omnibus the reasonable person rides S M ackenzie King's alterna\i\le ca'olne\

f--

r--

r

f--

f.--

-

r-

I--

'--

'--

121

~

125"

~

1--

1--

I--

'---

Flotsam and jetsam

r-

BY KEITH BURKHARDT

-

'--

20

26

'---

f.--

1--

'---

I--

1--

1--

~

t--

r-

1--

f--

1--

1--

~

r--

1--

t--

I--

1--

1--

1--

'--

1--

1--

1--

t--

L.__

1--

[29 I--

r32

1I I I

I--

1--

ps

rs

'--

I I

IJti I

r

1-

_j

127

i

1

DOWN 1 Quicklaw's new owner

p 10

f--

'--

I

7 firm started by Gowlings renegades 8 JUdgment delivered by the whole court 11 oft-ridiculed positi\list "\ '2. f\rst Ca\ho\ic (Cdn) PM

I I

DIVERSIONS

18 NOVEMBER 2003

I

131

[M

'--134

1-

1---

L-

i '---

13 when rule of law collapses 19 One-L author 21 uncertain doctor 22

27 admin law cake maker

24 chasttse 2 6 unfit human rights claim

31 small at Starbucks

28 newest Supreme Court justice

29 nonprecedent-setting words 30 humourless Answers will appear in January's issue.

.\liscellaneous thoughts and observanons: Was I the only one who thought of the Yankees and .Marlins World Series matchup as a Law School Faculty vs. Students series? On one side, you had a bunch of ,·ay experienced, talented, and wt:ll·paid players who have been showered with awards, accolades, and championships. On the other, you had young, inexperienced (though up -and-coming), and underpaid guys. And who won? Ever wonder what would happen if law students were able to finally showcase their talents and make meamngful contributions? I don't think the World Senes was a £luke. There are nmes for traditlon, mystique, and experience; there are others for change, tnnovation, and youth. The O.C. on Fox is this generation's Brver!J Hills 90210. Each week, the relation ships get more convoluted, the acting gets worse, and lines get corruer. We JUSt need Seth to end up hooked on crack, and tt will feel like we are back in the Peach Pit. Internet sports fantasy pools are the greatest invention since picture-in-picture TVs. That being said, they are also the biggest consumer of nme smce GTA: Viet Oty was released for PlayStaoon 2. Anyone who w'atlts to learn the intricacies of a sport should join and follow a pool for one year. Have you ever seen an Onawa Senators player not on an exerdse btke when doing a postgame interview? 1 don't get it ... any other team in the league can do interviews in front of their lockers, but Onawa must be pedalling. Nr worst investment of the last ten years: die hockey card of Alexandre Daigle dressed in a nur~e's uniform. 'X'Orst publicity stunt ever. 'Inc Steve Bartman costume was really popular in my neighbourhood at Hallowe'en. You know; the Cubs hat, headphones, sweater over a turtleneck, and a ball in hand. Based on the one in a million chance that it was the n:al guy, I couldn't help but punch each ~-,ruy in the gut. Open letter to Jay Onrait: You arc not

funny or witt)~ and you are not the next Chris Herman. In fact, when you pull that disappeanng-dcsk stunt and use subtitles, 1 actually enjoy the show. Please let l'SN know that all we ask for arc the nice h1gh lights, great giveaways (aka Ric Jackman), and full-fantasy stats for a game. Tim task could be completed by a trained monke}: \X'e do not need to hear a goal \Vas scored b\ '\1y name is Pavol and it's very good Demitra." I couldn't imagine being Lebron James. Any one of us can think about how well we handle work and school stress, and how mature we can be, but he is just 18. He had a rough childhood, did more interviews by the age of 16 than any of us will do in a lifetime, and signed $100-million contracts before he was even drafted to the NBA. He is the most-hyped athlete since Tiger Woods, but Woods was 22, had done a few years of college, and had a great support system that mcluded down to-earth par ents, not heat-packmg homics. Props to the ladies who showed up at my house to watch the World Senes. You got team names right. quoted the score perfectly, and Sandy even got it right when the guy got the "Walk" ... I mean, "Home run," to WlJ1 the game in the bottom of the 12th. Props also to the Men's Football team at the law school. Another year, another athletic championship. Ho hum. Last weekend, the guys won their third con~ecutive intramural championship, this rime u'lth no

calls to 911. Parting Shot: In the World Series, Josh Beckett (23 years old) and Dontrclle Willis (21 years old) led .Horida against the 30- (and 40-) year-old club, including Roger Clemens and Mariano R.tvera. Yes, these guys have \f\'Ps, Cy Youngs, World Senes ring;, and were favoured by Yegas. But Florida had a new breed of energetic, effiaent, and innovative players. They challenged the status quo, ignored conventional ideas, and acted without fear. They found results where no one else dared to look. They changed the game ... and they won. 1\nd at the end of the day, the pomt is simply this: Those kids arc all nght, and so are we.

23

cSollo Voce ..., Tbe;uicil'sl gossip from urormd the /mJ' school Phrhsms dispensed by the CD<). ~or did we properly bemoan the annoying tendency of second ye:lrS to ft•1gn an cxistcnltal crisis at OCT time, simult:meously playmg the L)'nic to friends :111d the sycophant to recruiters. Rut what l."aO you do? Only hope, \\C suppose, rhat others w'lll ptck up where we left off and continue publishing cheap shots and unconfumed tittle-tattle m Ultra Virts for years to come. Those of you who might consider becommg the law school's next papar.l7. zo-in-rcsidence, be forew•arned that writing a gossrp column is not as easy as you might think. Skewering the sanctimonious and nagging the nudy demands unyielding vigilance and, trctJUently, skipping Tax .•\nd let's face it, not that much happens around here. At least, it seems, not like it used to. This year, no one posed for PL!Ybf!Y. no one got caught lying about their marks, no one sued Dean Ron D (of bles~cd memory). Then again. it's possible stuff has happened, only Sotto Voce wasn't around to notice it. We admit it: We've been derelict tn our dunes of late, ha,·mg spent a good deal more time playing Nintcndo than hanging out at school. Such is third year. ~·•.--...!..~, 'i:n.:n~"'C::;~\,. '~~"'-'ft.-et ~~~ '\'\.) ) b e t ... ..-- C o t L.o.,. 10\.ood.. ......~ :~:...,...,. Duggan. Or perJup~ it was rhat time we say t?u-ewciL Truth be told, wc:'Jl m1ss this p lace. Son of. made fun of Brian Lang iUc's shoes. If any of you are in Southeast r\~ia Sure, there are regrets. \Vc nen~r did get the chance to lampoon the cham· next term, look for Sono Voce on the pagne socialism of the constitutional beach. department or the homespun Dr.

Are you sitting down? If not, grab a chair, because wl",·e got S< •ml' S;ld news to report: this is Sntto Voce's last col umn. ~ext month we're off to Singapore. where we'll spend our last scme~tcr of law school on excl1:111ge. Why Smgaporc, of all places? bn't that where they frne people for smiling and cane them for parttng their hair on the wrong side? \Vorry not, friends. Apparently the -:andy isles of ,\lalapta are a quick ferry nde away, and ~hat's more, our grades nc,·e.r appe.ar on our U of T transcnpts. Be~ide::, the past three months of Ian Lee's Bus Org class have prepared us well for life under an authoritarian regime. If we can endure the ritual hwniliations impressed upon us bv the law :-chool's newest boy won· der,. surely we can pooh-pooh the Singaporean constabulary. As Sotto Voce's tenure as llltra Vim's gossipmonger draws to a close. will you indulge us in some valedictory ruminations? Over the last year and a half, it has been our pleasure to updltc you on all the shenanigan~ of our bel<wcd profs, adminhmators, and classmates. \Vhat a ride it has been. Probably the apex of Sotto \'oce's career was when we became the first columnist outside the Antipodes to report on the nuptials

-

BYUSAMINUK

Your tuition dollars at work

....

-


24

ULTRA VIRES

DIVERSIONS

Ultra News: Not-So-Real News From Around the Law School Student shocked by contlnu.ed unemployment

Tonight on Bravo: Law students target of "Queer Eye"

Farhan (II) was shocked to find that he was rejt·cted by c\·err one of the 17 law firms with which he interviewed for a swnmer position. "I don't know what went wrong," he lamented. "I remembered to smile, to carefully modul:tte my handshaking grip, to Jook into the interviewers' irises, and to spoon my soup counrerclock~ise at dinner. I low could ~fcCarthy's 11111 call?!" ~\sked to comment, CDO spokesperson Lianm· Krakauer said, "Yeah ... that sucks. Maybe he forgot to put antiperspirant on his palm~."

- LisaMinNk

law Games lottery finalized The Law Games Committee has announced that, in order to cut the 163 students that Students fight tuition with signed up to attend Law Games in Halifax this year down to the 101 spots available to new committees, the U of T Faculty of Law, a lottery has sub-committees been set up. The lottery will operate as follows: The five members of the Law Games In response to record high tuition, the Committee \\-'ill take five spots on the team, students at the U of T have formed a mp:iand the remaining 96 spots will be allocated ad of new committees and sub-committees. randomly to all of Scott Ki.rkpatnck's best In the weeks since classes began September friends by alphabetical order of their last 2, observers noted the formaoon of at least names. three new committees, each with several of -Ronan Lt~ its own sub-committees.

Photo courtesy cif E mily Male. "The tune has come to fight and prevent any twtion increase at this school," said Dan Parka (II), "and the way to do that is to establish a complicated committee structure." Despue the threat posed by extensive committee structures, administration officials were quick to dismiss these latest moves. "It's plainly obvious that these students are desperately trying to pad their resumes to make it look like they actually do something important," said Assistant Dean Cluang. "It's all very pathetic," she added. Srudent organizers disagree. Chief

Financial Analvsr Under-Secretary of the (Student Moneta!) Fund) David Rothe (111) believes the administraoon is "merely trying to undermine [the organization's] credibility.'' "The adnurustration will say anythingthey're getting desperate," noted Semor Econorruc & Security Advisor Susan Brimelle (I) of the Scholastic Finance Think Tank. "This battle has just begun," she added. Indeed, pundits project that the battle is just warming up. "We predict that this fight will last well into the new year," commented Ror)' Tateson (III), Director of Public Relations and International Affairs for the United Srudents for Critical Analysis Assooaoon. -Todd Chernecki S~iF

Briefly Noted Second-year justifies acceptance of Bay Street job Property prof already boasting about "funniest fact pattern ever" Guess whose uncle got you a Gowlings mug for Christmas Students laud accuracy, timeliness of new student directory


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.