Ultra Vires Vol 5 Issue 4 2004 Jan

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

•

u tra vtres JANUARY 20, 2004

SINCE J..999

WWW.ULTRAVIRES.CA

Library "sting" operation nets trespassing students . ,

Tjaden cites increased incidence of theft.in security crackdown

BY BERN INA BUTT Campus police confronted se,·erallibrar) patrons who had ne\·er bargained for penallies exceeding overdue fines. On Dec. II, 2003----.t week before the end of the fall exam period-sc,·eral JD students who were stuuying in the library past closing were forced to leave when Coordinator of Information Sc.:rvices Ted Tjaden alerted the students that they were trespassing, and that the authorities had been called. ,\ccording to one student, who spoke on condition of anonymity, "Ted stormed in around an hour after the library closed ... I fJgUre that there WJ.S at least a half-dozen students there, but there might have been more."

Geoff Blackie (II) corroborated ihe accounr. "Through the window I saw two cruisers pulling up as I was walking down the stairs," he recounted. "I was pretty surprist·d as I didn't actually expect Ted to fol10\v through on the late-night threat.

Nonetheless, as l was \Valking out the front

Basking in glory at Law Games

<loor. four of them were walktng in."

The 11nonpnnus studen t \V:ts upset and surprised by the Incident, and noted, "The problem I ha....e with the whole thing is that it was well known that law students were regularly staying overnight in the library; this had been going on for at least the last two n-ars and was, if not endorsed, certainly tolerated by libra.ry staff" Aaron Peters (I I) suggested that "the policy changed because students started becoming pretty cavalier about the whole practice."

In the unnamed ~tudent's opinion, the library admmistration should haYe opted for a different approach, such as advance warnings issued in listscrv emails. "If they wanted to stop this lbehaYiour], all they had to do was publicize that it had to stop ... If there were any previous warnings, I certainly didn't ger them,'; said the student.

When a~kcd whether the ltbrary had informallr acquiesced to the practice of overnight use of the library, Tjaden and Chief Law Ltbrarian Ann Rae emphasized that ltbrary staff turn off the lights ar Se\·· era! interYals prior to closing, and perform walkabouts to clear the library. "\Ve do not ~ee how this can be seen as 'acquiescence'

PLEASE SEE MLASKIN" ON PAGE 2

The U ofT contingent enjoys a moment of rest at Law Games in Halifax. The annual event took place January. 7-11. For more Law Games coverage see pages 12 and 13. Photo tollrlf{Y '![ S1i11rm De.rai.

Implications of tuition freeze uncertain for Faculty

BY DAVID KHAN During the last provincial election cam· paign, the Liberals made numerous promises, including a freeze of post-secondary tuition. Thts promtse was celebrated by many student groups, including and most importanll), those representing students in deregulated programs such as law, medicint·, and business. These faculties have witnessed tuition increases of thtm~ands of dollars a year, and further increas-· es arc expected.

Since taking office, the new Liberal go\"ernmcnt has been confronted with a budget deficit markedly larger than anticipated.

Further, official announcements on the fulfillment of campaign promises ha,·c been sparse. The nution freeze promise is a case in point. To date, the Mimstr) of Education bas made no public commit-

mcnts to the freeze, and Education Minister Gerard Kennedy's press secretary did not contact U\' before the print dead-

line. \ccording to Acting Dean Brian Langille, the official word from the universny admtnistration is that there will be a two year tuition frcc;.:e on all programs, including all regulated and deregulated pro· grams, with no exceptions. For him, the real issue becomes where funding will originate to make up for the lost reYenue from increased tuition.

Sachm Aggarwal, graduate student rep · rescntativc on Govcrmng Council, pomrs out that Liberal election campaign documents included assurances funding would be prondcd to posHecondary institutions to compensate for the freeze. HoweYer, no official government documents have confirmed this. Governing Council, says

Aggarwal, is "operating on very little information," and there are several "unanswered questions" with regard to the implementation of the freeze.

Acting Dean Langille explams the proposed tuttlon freeze ts part of the larger issue of post secondary fundtng in general.

At the U of T, regulated tuition increases

PLEASE SEE "FEE" ON PAGE 4

WINDEX • CONSANGUINITY, P8 • MASTHEAD, P12 • SAME-SEX MARRIAGE, P17 • NEIL YOUNG, P21

NEWS

2

ULTRA VIRES

Transparency and accountability go to law school 'J he fall was a busy time for local democra· cy anti the \\ md~ of change.

Just down the ~treet from the Faculty of 1...1~, :l new pn:mier began eycmg the neigh· bourhooJ'~ cats after sweeping the old gm·t.'tnrmnt out of office. Further down the mad, a new rna) or polished the chains of offict.· and pn:pared to btd the city into a cleaner fururc. Clost:r to the lake, a new prime minister took the stage with Bono, promi ing new beginnings and an era of democratic opc.:nnc:ss.

'J'ht.'H' an: ht."ady Urnes for political junkies and dem<x:rac\' c.:nthu.Jasts. What can we do for an cncor~ aftc.:r the orgiastic clcctor:U excess of the past fc.:w months? '\:ot to be outdone by others' dreams of change, the uni,·c.:rsity has limbered up for its own exer· cise in consultation and transformation. The Pnl\'ost's \X'htte Paper process has acrually

been gmng on for st·,·cral months, intt.-grat· ing wnm·n submissions :tnd ideas gathered during Town I fall meetings open to stu dent~. facuhy, and staff alike. The results of the proct.'ss w1ll be presented to the univc.:r sny's Governing Council early this year, and if passed, w11l cha~t the course of this university for tht· next several yt'Ms. The White Papers are made up of many spc.:cific proposal strt.'3llls, but these form several strong themaoc currems. One such theme i~ an emphasis on accountability in the governance and operation of the uni\·ersity, extendmg fwm ~imcoe Hall to mili,;d. ual dcp:trtmc.:nt:;. In tht. ulue statements that precede the actual papers, the Provost c.:ncourages "a high degrc.:c of self-gm·crnance, with representation from a broad range of constituencies, at every lc"cl of the uni\'ersil)." Further, the report notes that "lgJood go\'ernancc depends on responsible and constructi\·c academic and public sector

Laskin security compromised "LIBRARY" CONTINUED FROM PAGE 1 when we think ir is reasonable to trust our students to obey the rules when they know thq• must leave the library."

The student, however, took issue \\.ith 1'hc 1\mmg o( t'hc 1\\nct enforcement.

"Sugmg some sort nf ridiculous sting-like opcr;l(lon to Cltd! people: who weren't llld· lng thc.:ir acu,·itic.:s l$ prc.:tty ridiculous, but doing It right in the middle of the exam period is just petty."

Library administration justified the measurt.'S by citing concerns "about rhe risks to the mtt:gnty of our collccnon and the potenttal physical threat ro authorized ust:rs.'' 'ljadtn and Rae revealed that "lt]his past December, our dosing staff reported that a nwnher of patrons appt.-ared to make no effort to lca\c the: library at m1dmght \\hen staff \\ere trymg to close the hbr.1ry.'' ( )n Dec. 8, just pnor to the inc.tdc.:nt, ",\ssoc.tatt• Dean Duggan sent an email mcs· s.tge to all students advising that there had !>Cell rc.:pqrls of unauthorized persons in the lihr:tr) after hours and thai sc.:.curity would he enforced," stn.•ssed 'Jjaden and Rae. Elahornting on the tssuc of lilmlr) sccunty, 1 J3den and Rae expressed concern "about the number of reports of missing hooks. There arc a number of wap in which items can go misstng; one major avenue ts through the lmk door used for after-hours access."

Upon noufication of a theft, librarians contact campus pohce ro mn'Stig:tte. "Our sense is that the lllcidl'nts of theft~ in the

Law l .ibrary arc not necessarily increasing, but (unforrunately) occur sporadically in a cycltcal manner," said Tjaden and Rae. About five laptops, including ~c,·cral from ~what was thought to ha\C been a secure staff area," were stolen last year, according I<> ' fpdcn

Comparison of typed and handwritten exam grades unavailable

lt.~tder~hip, on trnn~parency, and on :t clear :miculanon of and respect for the roles of governance at .,·a rio us !nels ... it also dt•pt.·nds on the acti,·e and t.•xtensi\·e in\'oh·ement of its constituc.:nts in elections and in debate :lhout the issuc.:s before our univc.:rsi1)'." These ideas-tr:tnsparencr, accessibility, and involwment-arc the touchstones of our nt-w pohtit.•al gold rush.

The most tangtble sign of commitment to these idc:tls in the \X'hite Papers is the call for an academic rc\ tC\\' in each indepc.:ndcnt budgc.:t unit (f.1culties, schools, departments, etc.). ror the law school, thio; presumably means that we '";11 see a comprehensive review of the school's progrnms and functions in the near fururc. These reviews should be "bottom-up", and must contain input from aU stakeholdcrs-srudcnt input is explicitly mentioned as a goal of the process. At the law school, such planning is supported by both the student gm·crnmcnt

and the admtmstmtton. Acting Dean Bnan Langille tk~cnhes the \\'hue Paper procc.:ss as one which lets you "drt':lll1 tn the mid- to long·ttrm. The process helps build collegiality." SU~ Prt·sidcnt Robin Rix was "delighted to hutr the Provost state at the 'Jim·n f I all that she expected all faculties to accommodatt' student input when making executive and budget le\ c1 decisions." The idea of an acadtmic rcvtew with student input is not a new one, howe,·er. .Acnng Dean Langille notes that the law school's academic re\ iew during the last White Paper cycle was conducted by a committee of facull)~ st:tff mcmbt:rs, and students. Thts com mittee dealt with questions rc.:latcd directly to specific resource allocations, thereby influtncing the school's financial direction over the next few years.

Yet ~ignificant concerns ha,·e been ra.tsed

PLEASE SEE "GOVERNANCE" ON PAGE 5

Sweet 'n Lowdown J~> cl

Broum

3

Administration neglects to keep exam records

FROM PllliAR TO POST

BY ANDREW PI WAR

NEWS

20 JANUARY 2004

fll!fl"

Lo»'liOJm RroW11 snow

and Rae..

BY ADRIAN LIU Despite a steady stream of mishaps with typed exams, overall, the usc of computers for examinations docs not need to be changed, the administration maintains.

Three years ago, the school introduced E.xamsoft, a software program that allow~ srudents to type their exams on computers.

Present!}~ the majority of studc.:nts at the Faculty c.:lect to type their exams, whether on their own laptops or in a computer lab at Robarts Ltbrnry: A decreasing number of students hand\vrite their exams in separate cbssrooms.

Under the current system, srudcnts must dcctde in the fall whether they want to type their exams. A payment of $65, which cov crs a twelve month period, is required before students arc permitted to type their exams for a twelve-month period. Students wnting exams on their own laptops rccovc software that they must install and register.

For students who opt to type in a computer lab, spots arc a\·ailable subJect to seating limitations. The fee also covers the cost of di~ks on which exams are saved, as well as printing costs. '!}'Ping exams, however, LS not Without its complications. Assistant Registrar Celia Genua estimates that, for a given exam period, there are approximately three mcu.Jents for evcrr two exams. :\lost of these inci·

dents invoke problems With sa\ing stu· dents' work. On most occasions, Genua has been able to resolve the issues: wrhc software saves two copies--one on the hard drive, and one on the backup drive. In most cases, I've been able to retrieve the exam," explamcd Genua.

Genua does not feel that the frequency of problems with typed exams is a cause for concern."[T]he number [of incidents] is nor high," she said. "The inctdcnts l had were not really problems. They were just exams that were not saved on the dtsk pro\·lded to the student. T managed to retrieve the exam from the srudenr's hard drive."

Rakhi Pancholi (III), howc\'cr, holds a d1ffercnt opinion, owtng to her expenence last term. While writing her Business Organtzations exam in December, tmbcknownst to her, the power cord on her laptop became disconnected. She was two thirds of the way through the exam when her computer shut down, at which pomt she started handwriting.

After the exam, Pancholi brought her laptop to Genua, who was unable to open the

ftle. " eetlless to say, it was very stressful," she satd. "It wasn't dear whether they would be able to open it, and I was leaving the city very soon." Added Pancholi, "~ly only con· cern is that there seemed to be no clear pol 1cy on what ts supposed to happen tn the

Clfcumstances .. I had no idea what would happen if they weren't able to recover my exam, and J didn't hear from anyone other than Celia about the situation."

Ultimately, the exam was retrieved, although the file was, in Pancholi's words, "a bit of a mess." lacked much of the formatcing that she had put m, and two paragraphs of her work were rrussmg.

Fortunate!); she was allowed to fix the for· matting and pur paragraphs in order.

According to Associate Dean Tony Duggan, Pancholi's experience was an isolated mcident. He points out that the administration takes steps to help students usc Examsoft propcrlr First, a memo With mfor· matton about the software is sent to srudcnts who have opted w type exams. The memo spcofies the mmimum system requirements a laptop must have to use .f<::Xamsoft.

"Sometimes, people's laptops aren't compatible with the software and that causes problems," Genua said. "Examsoft doesn't work well With Windows ME. These are things srudents should read up on."

The memo also contains detailed instructions about what to do if a problem arises mid-exam. It stresses that if a computer freezes or docs not save, the student should immediately stop typing, inform the invig\\ator, and begin handwriting.

"Student" "'hou\dn't try to £ix the com-

It

come up, tl1cy should mm e to handwriting and at the end of the exam, take the computer ro Cella, who will put it together \>.;th the handwntten part."

If something draso.c docs happen \\.ith a !}'Jled exam, Duggan says there arc still avenues for rtlief, according to the school's academic policies. "I'm not sure that, at the moment, there's any further responses that can be made," he said. "The system works, the material's nearly always rerric\-able, and the instructions are dear."

Part of the popularity of typing exams is due to many srudenrs' belief that typing improves their performance. Although the adffilfllstration claims that there IS no sptematic data available on grades for typed versus non-typed exams, Duggan belie\'Cs there are few differences between the two.

Accordmg to Duggan, "[t]here is n<_> cumulative data that distinguished between grades according to whether or not the examination was typed." He also noted, "~fy gener· al tmpression is that typing makes little, if any, difference at either end," he said. \\bile Duggan denied the existence of curnulanve data, he asserted that, based on his experiences, "\t\he numbers o£ As and B+s are roughly equal between t)'\)Cd and non·t)'\)ed exams, and it's t'hc same t'h\ng w11'h Cs."

puter:• sa\..\ Duggan ...~hou\d a t>roh\cm

J\hhough lmv f.1culry and doctoral students arc currc.:nrly authorized to be m tllC: hbrarr past closing. Tjat.lc.:n and Rae expect twenty-four hour access to be curtailed for all users. The logistics and expenditures involved in keeping the library open at all hours would c.:xcced the library's budget.

Gi,·cn the "a,·ailabihty of online resourcc.:s and rebU\'C t.'ase of access to computers and the Internet off campus for most srudents," as well as the study spact: and extended hours av:ulable at Robarts Library, 'J)adt.'ll and Rae arc not in favour of incurring "maJor txpc.:nditures to bc.:nefit what we bdtcn• would only be a small num ber of students needmg after-hours access to usc tht' print matt'Iial in the library."

• incc Dt·c. 11, the library has implemenrcd enhanced scntrity measurc.:s, such as tht.• issuance of a spec1~l card to mdi\·iduals authorizc.:d to u~e the library after closing.

Further counes of acnon, such as the instal· • lation of video cameras and the usc of swipe card , arc being invcstigatt·d; howe\ er, technological solutions are, as 'I)aden and Rae observed, "not entirely perfect. and ... expensive."

Faculty Council's Information Committee c.:~aluates and rt.'Soh·cs poltcy 1ssut.'S concerntng the hhrary.

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NEWS

4

ULTRA VIRES

Fee promise in.the air

Online gossip forum attracts controversy Second-year U ofT law student libelled by posters

BY SIMREN DESAI

forum to an independent company calkd Lnw Buzz.

Last year, 7_-; \-a Canadian legal recruit Referring to Jill :-...c:lson (the 2003 gro~du menr tirm-staned a go%ip board online. ate who posed last \L'ar for J>/qybO) maga:1:1ne It started out as an anonymous forum for and is now aniding at Goodmans LLP) a d1scussmg thl· comings .md goings of ,·ar- n•pn.·scntaUH' of thl' Radical~. ~pt'aking to ious la\\'}'ers, rumours nhout l'trategic U/tm Virrs on condition of anon)mity, st.ttmmcs by fums, and other issues of inter- l'd that "Ms. ~dson's pri,·ileges that shl· est to members of the Jowntown commu- cnjO)Cd during her stay at the law school nity. OH·r the la!ot scn·ral months, the .. was {$icj beyond eJ(Ceptional - something board had become popular among bw stu- uhich many indiddual~ within the student dents and even pre-laws inrcre~tc.:J to gam- hody that are poor, \1Sihlc minoritic~. and ing the inside scoop on the hiring pracuces disad\"Untaged in many ways were unjustly of the major firms, and rhe n:cruiung poli- U{'pm cd oC' In a po~rmg on I ~t\\ Buzz dated Oct. 25, cies and tandan.hi at Canadian law the RaJrcals claimt'd that thcv wert: making schools.

This popularity rurned to notoriety :\clson's transcripts from ROSI ;~va1lablc whm a group of law srudenN; calling to anyone who ingurrt:d by emrul, to proYe thc.:mseh es the Radical Lawyers, and con- that she had somehow benefitted from firmed by llllm r r,;'I'S ro be attending u of preferential treatmenr. Ther also offered to T Law, starred to make some Yery ~~end nude pictures of "<elson. provO<:ati\ e and inflammatory postings.

J\nothcr poster identified the Rad1cal (s) ,\s a result o f pressure from Bay Street as Rpn La\·allee, a second year JD \IB,\ firms who were uncomfortable with LS.\'s student, lO which the Radical respo nded association with the controversial posttng with another post: "Hahaha! interesting sire, I:~\ has spun off the discussion you sar that ...... probably some Jude is get-

tmg the undue and undesL·n-cd fame on our piggyh.tck." \\'hen contacted d1rectl). thl· Radlt·al:;tlltt•d, "It is rather unfortunate thllt sonw '1m mature' JD/.\IB,\ classmate has dtoSL'n to iruuatt' profane comments" about La\-allee. \X'hL·n La\ .tllce was contacted about his 111\olwment \\ith the Radrcals, he simplr said, ''I ha' c rephed to, but haYe not originated any, of the Radical Lawyer postings."

In the W':lkc of these occurrences and our of a conct·rn for liability, the Law Buzz sHe.: has Implemented a stnct pohcy regarding per-onal aHacks by posters. There is now a modaator chargc.:d with remo\'ing o ffensi\·e posts. Radical, who fancies him self an ;ldn>cate for society's downtrodden, has come ou t loudly against this policy as a transgression of posters' ci\ il liber· tiCS. Law Buzz, ar which \'arious topics ranging from "rhe ho ttest profs" to whether Fasken ,\1artineau and \1cCarthy Tetrault will merge next week-are di~­ cussed, can be accessed at www.Liwbuzz.ca.

UV Briefs U of 1law ma\nta\ns th\rd-p\ace pos\t\on in Canadian Lawyer (alladiun lJJJl')"fr magazine has issued its "20(14 Report Card on Can.1J1an taw Schools," and the l of T Facultr of Law is rated third overall. Nearly 350 recent graduates of law schools across the coun tn e\ aluatcd thur :ochool's ments m se:,·cn areas l of 1 l.au recei:\ed B+s in the cat egones of Quahq of Curnculum, Facult), and I cllo\\ l..a\\ Srudenrs; "lesnng stan dards and faciliues recet\ cd B-s. \\ hile the practical rciC\-ance of ~tudies garnered a ( A hundred percent of respondents recommended the Faculty, md 75 to 9? was the perttnrage reported under the heaJmg, "Caring Profs" l lira I im recei:\ ed a nod, as did the Faculty's Student uod}, which \\aS de!>cribed as "cerumly the most fascinat mg aspect of the h\\ school."

The lrmerstty of Calgary placed first, ""htle Osgoode Hall came second.

The full report can be fouml at WW\\.canadtanlaw) crnug.com.

- Bmruw 'BHtJ

Upper years may take up teaching duties The Curriculum Committee is considenng a ~cheme whereby upper year students \\ oukl conduct . crrunars to help ftrst year students dC\ clop thcJ.r understandmg and presentation of legal issues. Ftrst pro posed b) Professor Jean Joran~ots Gaudreault-DesBrcns-v. ho had been introduced to a sumlar program during Ius da}s a. a professor at kGiiis Faculty of:

Lau-thc 1dea uas 11re~ented to l•aculty Coun ct\ and \ 1; now '•ctn~ discus~ed fur thcr b~ the ( urncuhun Comrrum·c.

'Stnc.riJ sp cakrng, upper >cacs "'v uJJ n o t beT \.~, .1s tlw studen rs would rcccin dass crcdus. not pa1; for kading the \\CCkl} seminars, \\ hic.h would be optional for fuse year students. The obJectl\ c of the program is to encourage ::tudent:> to think bout legal tC:tchmg.

At bculq Counctl, Professor<; G udrc:~ult DL Htcns and Colleen Hood \\ere Ul fa\mtr, \~hile Professors Edward lacr)bucci and ~rthur Ripstein dtsputed some of the pomt~ raised. and 111\;ted the Curoculum Commmce to draft a fuller

Each J une, the Career Development Off1cc puh\l~h c 5tati tics ••n fi rm employ mcnt. s of June ::!00::!, 75 sl.wnd )"l'llr s tudc·n ts lt1d o ht unc;d s ununer-

pn~tuc,n s

ar li>ronro firms (n ot neccssaril} rluough OCis), whilt' rhcJune 2003 figure IS 1l5.

This )ear, approxmurcly 80 srudents obtained positions through the fall recruitment process, so It is at least possible to sa) that more second )ear studl.tlh 'ol.1il be working at ·loronto fJ.rrns thts summL'r than t\\O \Cars ago. \\ uh the exception of Queen's, other schools m thts provmce dechned to provtde specific recruttment numbers. \cwrdrng to (,iJhan Read), Career Servtces Director at Queen's, the nwnber propo~Jl. Students' Law Soclel) President Robin of students rccruued through OCis "has Ittx touts the program as "a wonderful gradually and steadily increased in the last ltka. Uppt'r years would be introduced to fi,·e years from fc\\cr than 25, to 45 (the . clemcJl!s of legal teaclung and would munher this )L'llr)" Chantal Morton, \cting Dm·ctor of deepen their <)\lin understanding through Career Sen ices at Osgood e. did not pro· helping others to grasp the is~ues."

The Grllduatc La\\ Students vide detailed figures, but noll:d that hinng 1\ssoaauon reprc<>entaU\'C on !•acuity for :utides, although not directly corrcl.u Counc1l, Aldo l•orgtone, belu.'"\ es that ed wuh summtr Iuong trends, hao; graduate students \llould be in a better rcm:uned rdam cl) con<;tstcnt from year to posmon to teach, \\bile Rix m::untams that year the pwgram ''should he accesc:ihle to \t l ofT Law, the number of second upper year students." rear students working a~ research assts tants and m chmcs or \Vtth other public - B Nlllla Bull mtcrest org.m1zauons has bc'n stead).

There has htetl a small mcrcasc 10 the munher of sntdents who have obtamcd int~; rnshtps through the International !I uman RtWtt" P rogram or through Pro Dono Students Canada. Krakaucr attribut c this increase to the school's commit Smce the mcepuon of OC.Is in 2000, the mcnt to supporting public intcrc~t intern number of students who h.t\c obtamed ships, and also to the mcreased number of 1ohs through the process has been f:urly firms partlcipanng m the hculty's mtern con<;tstcnt, accordmg to Acting Assisunt sh1p programs.

DL-an of Career Scr\1ces Lianne Krakaucr: The number has bet-n 71 to 90 sntdents a )'ear for the past four )'d-rs.

- IIJ!ary Rook

Recruitment numbers consistent

)a,,

"IMPLICATIONS" CONTINUED FROM PAGE 1 in the.: Faculty of J\rt s and Science ha\ e not intlatio n for sewral ) ears now. which has meant all untH·rsity lkpartment~ ami faculties han· haJ to grappk· with a fourand-a-half percent budget cut this year.

This rs compounded hy a hasic funding formula-$4,700 per studen t- that has not mcrea:<t•d smce 1992. !'his figure is the lowest of any pro\i.nce or terrllory in Canada. Additionally, Langille s.rys. the poor stock m;lrkct performance of the last few )'l"Ar~ has had a "profound effc.:ct" on the.: c.:ndowment and pension plan of the uni' crsuy, eroding reH'nue and increasing expenses in the form of reguireJ pension contributions.

Governing Council, says Aggarwal, is " taking a wait-and-see approach, although not much can be done lby them directly].

The university is qune acti\·e: a new nee president [Policy Dc,·elopment and \ssociate Provost, im·oh-ed in gm·ernment negotiationsj, Carolyn Tuohy, has been appointed, and the :\tinister of Colleges, Training and Umversities, \Iary Anne Chambers, is a former Chair of Governing Council."

Acting Dean Langille understands that the universitr is in talks with the provincial government directly, and through the.: CounCil of ( )ntano Umverslties, a coahuon of whrch tht• U of ' I ts a part. One ml'l

u pp1Ml"lCnt~r \' gr ..tnr ro the urtJ\<.'rt"JIY 10 co ntpcn~atc tor

n1.ajor ll<'J.!Ofl.lf Utg JS uc• 1 .l

the loss of increased tunion revenue during the two·year free;.oe, I lowever, according to Langille, the gon·rnment has committed to a much more ambitious "fundamental rethinking of the funding formula of unin:rsitics" in the form of a large study or consultation earned out o\·er the two-year pt·riod, \\ith the aim of complete· ly rc.:structunng the approach to funding post-secondary education. In the face of funding shortfalls under the current system, Langille tentatively sees this as a very positive dcn·lopment.

Robin Rix, President of the Students' Law Society, explains that increased revenues from tlntion increases at the Faculty of Law were earmarked for such items as increased professor salancs, more student financial aid, improved student services, and a new law school bu1ldmg. "The Sl-'i will be working wtth the aJmmistration to determine whether any of these four an.'lls can go forward-which ar this point sec.:ms unlikely" without supplementary funding from the prm incc, he says. Faculty Council has·not debated the funding ramifications of a tuition freeze, although Rix expects them to do so at the next meeting.

Currently, the real impact of a two -year tuttion freeze ~eems to be uncertain at all leYcls.

Unfortunately, wnh the cashstrapped Liberal government scrambltng for rcYcnuc sources to fund other high· prio rity sectors such as health care, an incrca~c in auihhle to fully back the tuition freeze promise looks hke a batde. J\ prmincial election prom1se targeted at student voters may be home, ar least in part, by our uni\ ersity.

NEWS

20 JANUARY 2004

5

LAW SCHOOL NEWSWIRE

Software police strike UWO! This month, Ultra VIres Introduces Its newswlre, which features artl· cles from law school publications across the country. In this Inaugural column, we present an artl· cle by Wlz Khayat, an U.B./MBA student at the University of Western Ontario Faculty of Law and Richard lvey School of Business, and a member of the managing staff of Nexus, a bl· monthly publication at the UWO.

BY WIZ KHAYAT UNIVERSITY OF WESTERN ONTARIO The Ca11adia11 /11/iallce A,l!,atllsl J ojlll'art 'J'/Jrji (CA \Sl) recently contacted the Lniversitv of Western Ontario and encouraged th~ school to take action to curb software pira· cy. CA \S r somehow disco\'cred that a bu~iness student was sharing a pirated copy of Adobe's Photoshop. The hey stuJent was shut down b} h·ey IT and declined to comment. C -\AST ts a membt:r of the H11Ji1ms .fojiwart 11/iallct BS \), whose member companies includL Adobe, :'\licrosoft, and Apple. The organization's

G ernance d fi "TRANSPARENCY" CONTINUED FROM PAGE 2 about the current state of srudent input into decisions ar the law school. J\t the SIA'\ 'l'<>wn Hall meeting earlier rh1s year, many students were surprised to learn that information ahout the school's budgt'l i<; largely inacCL'Ssible to student~. and that spec1fic budgetary decisions are made by the dean.

1\lthough there are committees ~·hich ma_y recommend expenditures, the ultunate decision on such matters technically lies with the dean's office alone.

Act111g Dean Langille responds to such criticisms by noting that there IS a Jistmction to be drawn between academic plan· ning and the administration of ~he faculty.

Dcctsions whtch guide the financial hand of the school are commonly made by commit tees which involve staff, srudcnts, and f:~cul ­ ty. Accordingly, while the derails of hmv to assign money are left to the dL":In, the broad strokes of where money should go arc decidt'tl upon by the l:tw school community as a whole.

The SI-<; has raised concerns that such an approach does not help the "climate" of the Faculty. Noting that morale :;un cys have found student discontenttnent with the administrallon o,·er the past two } cars, R1x "would he disappointed if the law school did not implement a formal progmm ro include srudcnt input into budgetarr decisions." These concerns, and broader quesoons of transparencr and student input into decisions, were raised m a letter from the SLS to the Acting Dean earlier this year. 'Ibe SLS expects to hear back from him shortly.

Perhaps this is a good juncture to look

mandate is to reduce software piracy. \n April 2003 sruJy commissioned b} DS '\ and conducted by Decima Research revealed that 44% of those surveyed con s1drred software piracy "no brg deal." In terms of ethics, research revealed that Canadians considered pinching office sup· p lies, keeping incorrect change, and resume fudgmg more serious offences.

The p1.racy rate tn Canada is estimated at 39%, down from 46% eight years ago.

Whilt· most Canadians do not seem m·erly concerned with software piracy, the economics are staggering. Another BS \ commissioned study in 2000 revealed that software piracy costs the Canadian economy $457 million in retail sales of busmess software applications. The worldwide cconom ic impact is estimated at USD 11.8 billion.

Globally, about 40% of software programs are pirated. A 10% decrease could create 1.5 million JObs and boost economic growth b) USD 400 billion. Countries with high piracy rates like China (92%) have the most to gain. \X'h1le big software busmesses are scrambling to curb profit losses from software piracy, the Rteordin,~ l11d11slry Assodatio11 rif Amnica (R.IAA) in the US is likewise targeting mus1c downloader~ through a serie~ of lawsuits. Recently, the RlAA settled a suit for $2000 against a 12-year·old girl from ~ew York. Becaul'C nf the nature ~·f

•

19

peer-to peer file sharing, the Rl \ \'$ strategy has clearly been one of dtterrence.

What about Canada? When you go on to J....azaa or Morpheus, are you doing something wrong? Canadian laws differ from those in the US. \fany were written before the fl.lc swappmg boom and arc murky at best. An amendment to the 1998 Canadian Copyn,gbt Act legalized media copymg for "pn\·atc usc." However, the pri,·ate use exempoon does not allow for "distribution," which seems to be the cru.x of the matter. Cons1der the two-case scenario: If I purchase a CD and make a copy for own personal use, it seems that by Canadian standards, I ha\·e commicted no offence. "Personal use" here seems to mclude lending a friend the CD, which may include copying it for their own personal usc. However, if I copy the CD and give it to a friend, then that would likcl} be deemed a "distribution" and I seem to be in violanon of the Act. ~ow, consider the same example in the Internet mcdJa envi· ronmenr. If l burn the CD onto mv com· purer anJ make it available so that Kazaa and ;\!orpheus users can download the music, it is not clear whether I am in viola· tion of the Ad. \ further limitation on the personal use exemption includes "commu· nicating to tht public b)· tdccommunica· tion." However, the Canadian law is not dear as to whether the act nf l'oimp\y mak-

mr

ing a media file available on my computer constitutes a "distribution" or a relco public communication. Acknowledgmg the personal use exemption may comprise the prinleges of copyright holders, the pro\'ision came with a levy on all blank audio recordtng media to compensate artists holding copyrights. Much to the chagrin of manufacturers and retailers of recording media, the levy is buried in the purchase price. To date, approximately 70 million has been collected and it is likely to be raised and extend to other recordable instruments such as ~fP3\ flashcards and

0\'Ds. Currendy, laws in the CS allow regulators to subpoena Internet Sen ice Prcmders to track downloading acuvity.

The RJ \A's strategy is to target the supply side. Their goal is to shutdown supernodes rhar traffic mass music files. In Canada, there is less political traction to effect change and regulators do not have the same pnvtleges as our neighbours to the south. However, much confusion around Canadtan law will likely be cleared up when the Supreme Court of Canada releases its dec1s1on in the Canadian Association of

lnltmtt Providers ''· Socitl)' of Compostrs.

Authors and Music Publishtrs of CmratL, case whtch was heard on December 21. 200:\.

Disclalmtr: This is not ltz.al adt1Ct.

cies persi t

hack at .the rc.:ccnr political contests of thl' world outside Falconer/FI:I\ clle. Hoth David ,\liUer and Paul ,\lartin are graduates of this law school. Each is commonly associated with a different side of the political middle ground-Miller on the left, :'\fartin on the right. Each has garnered broad su~· port by engaging the other side of that dubious political middle line, and each has tethercJ their political star to their abilil)' to increase tramparency and accountability. If these terms carry such weight in the community at large, what do they mean within the law school? Langille refers to accountabihty and transparency in noting that the law school was the first faculty to spectfically cost its proposals in pre,;ous academic reviews. Robin Rix refers to students as stakeholders in theu faculty, and asks that the} be· treated as such, Both the de<tn and the ::-u; appear to support transparency and accountability at the law school. This ts about as me:tnmgful as saying that both :;up· port happine~s and ~unshine.

In order ro gt\·c ddinttion to these words in the context of this law school, and in order to shape the future of the ~chool, \\ c must rcmvigorate discussion around these and other issues. This discussion mu~t take place among students, among staff, among faculty, an1ong rhe administration, and most importantly, among all of these groups within a framework of trust and respect.

Given the ;trained relationship in the past, this will require conciliatory gesrures on all sides. An invitation to begin discussing issues like the budget or the nature of governance in an open environment wo uld go a long way to start this process.

AI RO & B ERLI S LLP Formorc tnfu• lll<Jtton.f.lle.,..,cC""tac_t,G.~ l~\)(J F -1'681'"3151"· H Sdndr~ 83ng , Otrec:nr Stuctt•Pt & ,\._,,,,, •'" Aff N'- T -1lt. '>- " ~ · ~t"'~<.lf'g.._..,i1Hdl"~erl!s _~,."1m

NEWS

20 JANUARY 2004

7

HELMUT offers remedies for "C" angst DEAR HELMUT Feeling down? Health Enables legal Minds at the University of Toronto (HELMUT) offers advice

cunc ami fed the bliss of the pass- fail world.

For the first years reading this column, do your extended paper in second term of second year. It won't go awa) just because you ignore it. You will thank yourself m third year.

Dear I JEL~fU1~

I'm back, it's '"inter, my friends have all taken off on exchange, and I'm already fed up. \\'ill the rc~t of law school be like this?

- Jirk

o/ Strond }tar

I don't know when we're getting our marks but I'm pretty sure one of mine is going to be a C. What will happen if that letter lands on my transcript?

- Freuktd-011t 1-lrst }tar

Dear Sick, Congratulations on being half done! Sounds Uke you need some fun, non law dungs in your life. Take up yoga, sal~a, pottery, or baking cla~scs. Heck, you could even trr line d.mang--or not. Missed or rnissmg law games? There are lots of sports clubs on the L of T campus. You may even meet some non·law hotties in your adventures outside the Fla,elle Falconer-Duke triangle.

As far as survi,ing the rest of law school, get your~clf prepared to go on exchange next year. It can be hard to work up the selfdiscipline to fill out a form, but you can do it. ' !'he other pain is getting your extended paper our of the way. Once you arc away on exchange, all you have to do is pass your courses, travel, and ha,·e a blast. Take the pressure nffl l"rec yourself from the B

D<.-ar Freaked-Out, Believe it or not, there are profs who got the odd C at law school. Some of them will eYen adnut it. And there are Bay Street partners who like to brag about their Cs. \Iany of your fellow students are also mem bcrs of the illustrious CCiub. (E. mail lisa.minuk@utoronto.ca to jom.Yes, it's a n .al club!) '\ C or two is not going to defmc your career. When you're just starting to learn to think legally, your marks may be all oYer the map, and the people evaluating them know this. Remember, only one of those marks at most ts gomg to be on your transcript. The December rests are praetict tests, that's all.

(Caveat: 1f you get all Cs, well. you may want to ponder if you arc all that interested

You're looking for an opportunity.

We're looking for a future partner.

At Fraser Milner Casgrain

LLP,

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success. Our program is challenging and ttie demands are rigorous, but with over 550 lawyers and 160 years as one of Canada's leading business law firms, we offer an experience where you can grow and succeed. To find out more, please visit our website at fmc-law.com/careers.

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

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Typed exams

in law anyway.)

Yes, you rna} not get a first-year firm job--probably no more than fiye or six people in your class will anyway. \lost law students are httcd b) the firms later, at the begmmng of second year, by which time you'll ha,·c a different set of marks to show them.

So take some deep breaths and relax.

Hang m there, talk to your professors, figure out where you need to do some work, and go get something good to eat that begins with the letter C, like chocolate.

'-.trtd to talk uith HEL\fLT? P11t a q11ution in tbt Dtar II EUvt UT box f?J tlx mailjoldtrs. Or if you i? juli11g dou11 a11d suking addct of tht more projmtonal kind, e-mail dear_helm11t(jjd10t· mail. com a11d 1/ELMT..'T (Health E11ablu J.~gal M i11ds at U of T) willprovide)'Oil with info abo11t 011 a11d offcatnplls health ruo11rm. } our pnt•acy 1nll be mpected.

"ADMINISTRATION" CONTINUED FROM PAGE 3 On the other hand, in an email sen! prior to the Business Organinrions exam last semester, Professor Jeffrey \(aclntmh reminded his students tl1at, ,-:[w]hile a con· scientious examiner (which includes myself) makes every effort not to let bad handwriting influence the mark, there arc studies that show that it does tend to have an unconscious impact on the mark. I think the operative rule is, if I can't read it, I can't giYe you credit for having said it! 111U~, it be better to slow down a bit and make sure it is legible."

As for typed exams, Duggan obsened that "people typing exams rrught be tempted to start typing, without really thinking about the question. .\nd m terms of grades, succinctness is more unportant.''

Duggan said that typed ~xams are nor necessarily longer than written ones.

mar

insight.r from tbe Enzironmental Lmv Club

Here's to a greener new year

BY ANDREW 'MNTON

·n,c c;;omltlg of the m:v. ) t.-ar i. man cmh:u\.. nn n c.nuv..c o\ 1 thouh Y 1: 1 (I; ub JO In , ,. fHid h htt m 1 • t 17• B. 'IJCio1 nr the mmxlucum1 ot a good

habit (R0mg 10 rlw gpn, expandmg ond: , bcahul:lry, domg readmgs before dass) The common element m mos re:;olu tlon" is rlutt the\ uswlly don't irl\'uh c otltcr pwplc It wouiJ be rucc 1f ( ;cor~c Hush would nsohc 10 go one \car \\ithot.t 111\adi.ng f.JrCPII COlmtr}. or 1f ffi\ nogh bour \\oulJ rcso e to stop ha\mg wild parnes on \\eekmghts, but I'm nor holdmg m\" breath Rc.-, lucon< arc usu.tll} an l'Xl r c1 e m foc..t.'ill1t; em th( sc aspect~ of our b( h.t\ 1our thJ only .tffcct ou~ehe;. ~o '' h ;u docs al of thts hJ\ c to do \l.lth the crwt.ronmcnt:> \\ell. 1 rhmk that the stu dents at the I •acuity of I aw ha\ e room for ~om~: c.ollcrtt\ c ,df unpro\ cment ''hen 1t comes tt • the effect of thctr l>eha1 i• ,ur on the environment '' e share on campus. So, I'd like to propose some addiuonal ncu }ear's rcsolmions: 1) I re:oolvc to throw out my own garbage and rcC) de my own new pa· per. I rom my meagt·r understandmg of propctt) law, Jt seems that \\hen )OU pl(:k up a n<.."\\ ~paper in the mommg from the neat StJCk of free Off(;Clllgs, rou haH' taken of that newspaper. posst•ssion Congratuhnons' Ole papc.r is now youf'l. o saucy mtrudcr can bonk )OU on the he.-td and take the paper from )<>U. no mat tl'r how badly they waut to do the cross· word. But th~ means when )OUr morning lecture lS over and :ou only take the sports SelUOn \\1th )OU, \\hat \OU arc JeaYlllg behmd 1sn't really a newspaper, tt's garbage. ~ure, it\ posstblc that sc meone want<; to read that othcrstuft, but don't fool )1:)lltSclf mto thmkmg ,ou'rc JOUrnalism's Good ~amantan. Someonc's gomg to h.l\e to

\"

buv• -p

I

Rnu, II R•x ru

1~

thl!

nn1 'p:~pcr

Bu.arro \\ or:lcl 1ou n r1 • n tlc(wu)man and .1 o;auJt if ~ ou fl \ c the from sccoon of T~ C,k./Jt and ll11f there "hen \ u'rc dont.... So, t'aSl rule ot rhumb· Rm,di Room, lca\e it behind bctJ\~htr cl: c, clean up alter wursdf.

2)

r re~;ohc (0 tum off my cell phone

before cia s. (!\otc:: H )OU rul\C Pro£c.,sor ( hou..Utf}, par p.1rricularl) clr '>C ttenuon to thts one '\ou'll thank me No• e poilu tior 1 'liU:r.) em mmmentalt sue,'" th d1f fuent np1mons a5 10 '' 1cn a not c becomes a musance. Either wa~. the con cept ts sunplc· If )Otl'rc in a lecture, tum the phone off. It's not like )Ou·rc golllg ro anS\\Ct it (although I'd hkl· to sec that).

Instead of facing the shame of scramhhng through }Our hag, try tummg the phone off durmg class. You'll finJ It's a lot mon: P.trcto p lSJU\ t to take fn c ~ccomls and do tt bef0rc the !centre begins.

3) J rcsohe to ask m) self: Do I really need to photocop) this note for c\·cl) student jn the school? l.tke most people, I )0\c findmg little gtfts in my mail folder.

But I thtnk a single poster O\lr the mrul boxes would suffice to let me kno\\ that the oogami clul> IS ha\ing a meeting on Tuesday. Resorting to a hary undcrsunding of la\\ and t.>eonomtcs (or ma} be JU t ceo nom1cs), \\hen ) ou nuke- photocop)10g free for dubs, )OU arc subsidi:dng em uon mcnrall} unfncndly beha\1uur Let's SCl if wc can change that and save a few tree" Ibe cnvmmmcnt 1S more thm JU t mr ,1nd water it's the whole 5hebanp, and 1f we can take these bah} step~ to reduct In tc.'f, noise polluuon, and unnecl' s.tf) u Jste, I thtnk we'd be startmg the }t:Jr off nghr.

l

)

I

J I l

FEATURES

8

2004 Sibling Smack-Down tht arms of Hlaf!J im1orml relations lo ron· tributr lo tht 2004 Ji/Jiit{2, Smack-Dou.·n. !11 a IIO·bolds-barredfmfor-a/1, sibli11g sludml.r squarr tifj: Rrati ai.JOIIr Oll'fl risk. ..

Lau studtnls ttre gu1mzlfy lf(·llmtnlalive .roul.t. Jomt !'!J iti in lht blood. \ou· imagillr if it rrai!J JJ'm i11 lht blood. !f lhr l1u· .rludmls rmbroilrd i11 billtr ballIt 1nre i11Jar/ rdatetl! Imagine 110 /n,wr. UV has tuistrd

Mario Brothers v. Tetris Which is the best video game ever?

ULTRA VIRES

Siblings currently at U ofT Law: Navlne (I) and Sachin (rJ .l>jMBA) AI!J!jJiwaA Sarah (I) and Sean (Ill) Horan Scott (II) and Grant (Ill) Mcleod Amy (II) and David (Ill) Nathanson Adam (II) and Christa (Ill) Rambert Emily (I) and Robin (Ill) Rix Juda (II) and Oscar (II) Strawczynski Arnie (XX+) and Ernie (XX+) Weinrib Other relatives of note: Lorraine Welnrib (XX+) Laura Welnrib ('03) Jennifer (II) and Alan (XX+) Brudner

Mario Brothers: Super indeed!

BY JUDA STRAWClYNSKI :\lano. Luigi. Brothers. Heroes. These two moustached brothers save the world, and do it aU while sporting coveraUs. By land, sea, and air, this unstoppable duo set out to save the Princess of their Mushroom Kingdom, and in the process won the hearts of aU who experienced the 1980s. Their story is one of courage, told in the pixels and pastels of a happy uni,·erse that only the artists at '\imrendo could have dreamed up. For the JOY of the game, and for the pop·iconography that they ha,·e already gn·en us, the ~fario Brothers should be crowned with twin titles: Best Old-School \'idt'<> Game, and Best \'ideo Game Ever (with apologies to Pac-;\ian, but that game was too damned hard).

Anyone who ever put finger to video \!.arne contm\\er knows that ~hr\o \\m1hcn h an acMhct1cal\y p/c•.l.<in.~

from a variety of plot twists. "io game of .\fario Brother:; was the same. 1\fario or Luigi could sweep through a porthole, or, like an '80s Jack, head up a beanstalk to shortcut to a new part of the Mushroom Kingdom.

By having two characters, Mario Brothers also allowed players to have their identities reflected on-screen. The extroverted, gloryhungry types could select ;\facio, the better known of the brothers. But for the quiet· yet-equally dedicated, Luigi was the perfect choice. The differing characteristics of the brother~ has led to .Mario \: Luigt personality tests, which are arguably as helpful as the ::-.tyers-Briggs or o ther personality tests. .!\lario Brothers has clearly shaped popculture, and will continue to do so for years to come. Although originally characters in '\,mtendo's Donkey Kong, the brothers

Tetris: Minimalism carries the day

BY OSCAR STRAWClYNSKI The year was 1985. Glasnost was just a thought m new leader Gorbachev's brain, Chernobyl had yet to become a household word, and an obscure Russian computer sci· enrist was about to create the Soviet Union's most lasting contribution to world history: Tetns. While o ther video games with their constantly changing worlds and flashy graphics helped create the Ritalm generation, Tetris invited garners with a promise of simplicity. That simplicity is a major source of the game's longe'il)·, and I have no doubt that the Best Old-School \'ideo Game and Best \'ideo Game Ever shall be known by irs crown of four blocks.

her IJfe \vith that horrible Bowser. Failure at Terris has never had such weighty consequences. \X'hcn the screen fills up, you simply check your line count and resolve to improve.

Terns also brings people together. \XIhile \facio's followers might think that having two characters makes for a two-player game, they are scnously misguided. Playing a game of two-player Super ;\lario is like playing a single-player game but ha\'ing to sit out every 5Ccond life. There's no connection bet\veen the player:;. And besides, nobody likes to get stuck as Luigi. '-iO\\, string a cable between two Gameboys and you\·e got a true t\vo·playcr game in Terris. \X'hen you play Tctris against someone, you can

FEATURES

20 JANUARY 2004

9

All or nothing?

For a commando coup!

BY GRANT MCLEOD

Conservative counter-coup energy in your daily lives, trunk of this: An average pair of underwe<tr has ro weigh :u lc.:ast a couple of ounces. \lulttply this by the amount of orne you spend walking

BY SCOTr MCLEOD

'l'hl'Y sa} you can learn a lor about a perYou arc absolutely disgusting. If anyone else feels the way 1 do after reading what son by the type of undenwar s/ he wears, but what can be said about you wrote, I think that till' pc.:rson who wears we will haYe countk·~>s Ia\\" studl'nts fec.:ling none? ,\re \\ e to belie\·e faint and close to tlt;ll they completely lack ,·ominng. First of all, personality? Au conlrairt. contrary to what you mon Jti re. The truth is th:tt may think, people do the debate of the late 80s and early 9(b over boxers not want to hl·ar about "what goes on'' or briefs has resulted in a clear victory for the under your pants. Do "hoxer" camp, but boxer all of us a favour and .Jd\'(><:atcs have been forced keep 1t to yourself. 1\ll to contend with a new of H. Second, do you man, a modern man: the not ha\e any sympaurban commando, or as T thy for the public at like to call him, the "freelarge? 1t makes me ballu'' cringe to think that all '\<m, some of you may that separates your b~ like my brother and feel "package" from pubthat the urban commando lic chairs, stools, and This is as close as Scott (right) could get to Grant (left) while is a sick, disgusting, creepy couches is a thin blue maintaining a plastic smile. Photo co11rtuy of Smmn Duai. relic of an age when hiplayer of denun. It's pies roamed, and the smell of "the good around everyday and it adds up to pounds not enough! Think about the innocents!l! plant" reigned, but I am here to inform you of extra cargo. Instead of carrying this bur- The worst part is that I've used weight that this ts simply n6t so. The '\ trtues of den you could be using this conserved enermachines right after you. ju!'.t thinking · bemg a free-bailer are countless. Such a gy to do more productiYe things like.. . well, about the amount that you sweat '"hen working out is enough to make me fcc\ hfcstyle makes you feel sexy and tah a .rep since this is a family piece, I'll let you fill in dirty . . uh ... \ need to 1\ho'>..·cr .. out of "gcttin' sum" . .\lore importantly, for the blank ,.,.-i,th whatever you do in your .111 of those looking for a way to eXpl·nd less s p are 1imc.

Rome wasn't built in a day.

Write for UV.

g.1mc. J:,·cn t/W.\C who

wcrcn 't n~rJs ar the ,'\,I·~ (:-:inrendo Entt·rtainmcnr System) could appreciate the w lourful make-behc\C world of 1\lario and Lwgi. Fluffy clouds t1oat in thl· baby-blue skies, and f•>r the beginner who just couldn't hop mer those tricky first le\ cl crevasses, :11 least there was nothing but sunn} days to gaze upon in the ;\lushroom Kingdom. 'I he game off<..'Ted the most \ iv1d w1derwater anima non se4ucnces n-cr created before Hnding ~emo. Underground, .\Iario and I .uigi could be seen scampering about, finding thcir Yes, we know that both of these pictures are of Juda, but we could not pry Oscar away from Tetris long enough to get a shot of him. f>/lotos rr111rlt{)' ~! Jimren Desai. riches before resurfacing.

Floanng on the clouds and hitchTctris has a wuversal appeal; its attraction r<..-ally make a difference to his/her game. ing ndcs on clev·ators skyward, ,\ Iario and have clearly come into their own. They were Luigi flirted wilh hea\cn. In an era when brought to life in a 1993 live-action mO\;e curs across cultural and gender boundaries. Line up the perfect drop, and boom! Your other programmers were working with dull, starring Dennis I Topper. Rather than being Simple geometric shape:; assemble into opponent. struggling already, now has to geometrical shapes to build Terris, the pro- relegated to cell phone ring, the ;\facio beautiful pattc.:rn:; as multifaceted as a dL-al \\ith several more lines of ~cattcred grammers for Super ~lario Brothers were Brothers music has gone high class, and has $now flake. The game im ites the neophyte squar<..-s pushing them inevitably toward the to approach, with its assortment of shapes wp. Even today, one can occastonally creating uni\crs<..'S in wluch our imaginations been rL-cordcd by the London S)mphony Orche~tra. And with over 30 games now could take flight. drifting calmlr down the screen. While observe a pair of bored law ~tudents engag,\1ario Brothers ing in friendly compeotion on .a laptop The ttni\ crsality of Mario Brothers is at including .!\Iario and Luigi's presence, they arc pressing forward. Unhke Tetris, which is invited the begin- when they should be raking notes on the least in part due to the video game's a forgotten Cold-\Var relic, the ;\1ario accessibility. Both beginner and ncr to wander lecn1re.

Brothers \l.ill continue to be felt Tetris brought Russian folk music to the Gamehoy (~uru could be happily through_ the mushThe masses, and the tune makes a sweet ring room kingdom, entertained by Mario Brothers. The It has nl·vcr needed some gimmicky tone. only to surprise the game offers beginners a chance to unwary rook1e \\ith movie tic-in. Tetris has inspired researchers explore the first few settings of the }awning chasms of at MIT 10 examine its mathematical underJ\Iu,hroom Kmgdorn. Yet the doom halfway pinnings, while o ther scientists have used it expert video-gamer could be continuthrough the first level, to develop nt·w types of artificial intelli· ally tricked. '!be game also departed Tctris responded to the gencc. From humble black-and-white from the linear story-tclhng that was pla}cr's growing skill with the heginnUlgs on the ftrst generallon of perstandard for 'idt'O games. It brilliantly sonal computers, to full-colour glory o n :.uaightforward challenge of increas included \l.'a}'S for players to skip ro differing ~>peed. And as Mario plunged to hb today's most coveted cell phones, Tetris has ent !nels. Mano Brothers became the \ideo death, the player could not but weep for the grown up wuh us, and as long as there arc \\Orld's equi,alent of the Choose Your Own poor Princess, d<xHned to spl'nd the rest of 'ideo games, Tctris will he played.

J\d,enturl' novel-the plarer could pick

BY SEAN HORAN Growing up as an only child, I felt a sense of longing, a kind of suspicion that somethmg was missing. The feeling rcmainc.:d unul one da) early thts Septembc.:r. ,\s I rushed excited\} to my first class, I nearly bowled over a girl outstde the Rowell Room. She was engrossed in a complicatedlooking map that betrayed she wa~ a ftrst yt-:tr. "Sorry," I huffed. Before she had fin · ished asking, "Do vou know whert• BLH is?", the pangs of '\,arcissus had swept mer me. As I stared back at myself, I felt the primitive connection of our flesh and blood. She realized it too.

In a flurry, it all became ckar: the repressed memory of shipwreck and rescue

rwc.:nrr-rhree years earlier; my parents' dc.:s peration when my infant sJster was not among those in the orange Zodiac; her miraculous (and pre,;ously unknown) rescue by Polynesian canoeists; her years as an acrobat in a Chine~>c circus; her transSiberian cxpediuon with a Lapp hunting parry; and, the Screech·soaked evening of shore leave when she lost track of her Basque fishing companions and ended up (by whim of the Fates) in Canada.

Unlike mine, her route to lav..· school had been uncom·cncional. All the same, l;laveUe has reforged long-broken bonds, and pro ,·ided us with a common language '\im\., discussions of S'flndo111 n lf'e/J/J and the fed era] emergency power fill our caffeinat~d afternoons.

The Law Games Committee would like to thank our generous sponsors for helping us bring home the 2004 Athletics Award!

0 EW YOR

s T ORON T O

FRASER MILNER CASGRAIN 1.LJ"

T he Horans caught in a siblings, embrace. Photo courlt!J of Simrtn Duai.

LLP

FEATURES

10

ULTRA VIRES

The Ultra Vires Ran kings

FEATURES

20 JANUARY 2004

COMPILED BY TARIQ REMTUUA { lftra I "irrs has compiled the ultimate brain u:ascr for all of the law school gecks out there. Pcnctls were sharpened, forehc-.1ds wt.·re wrinkled, and not since the I..S,\'1' has there been such a fen·our surrounding a multtplc-choice lJUestionnaire. Rut the results art.• tn. t'\(J'Jl~:

Ba,ed on sample $17e, Ul-' maintatns that thts questionnaire is accurate to

+I- 15° o.

Favorite case Baker Bolton v. Stone Persons case Little Sisters (erotic literature)

65% 20% 5% 10%

lhker rakes the cake on this one. Why \muldn't you Jo,·e this case? In Baker, the sec basically spells out the entirety of admin lav.: This means students only really need to read one case to understand an t.•ntire course.

Favorite Reference Margarine Reference Secession Reference Manitoba Egg Reference Local Prohibition Reference

45% 35% 10% 10%

' \:he on\y tt..'\W.1.\n\ng qutiUl>n \", "'\'\'ben h.

tlw Hutter ncfcn·ncc goin,g to make

it~

wa.l'

to tht· SCC?"

Favorite case involving booze Russell 0% (regulation of alcohol by province) Hodge 30% (guy gets arrested for having pool hall) Beard 10% (no defence of drunkenness) 60% Daviault (intoxication defence) Students seemed to go \dth Daviault most hkcly because of all the cases involving alcohol, it's the most useful one for if/when one docs something stupid while drunk and wants to get away with it.

Favorite case involving initials M. v. H. 35% (support payments for lesbian couple) B.(R.) v. Children's Aid Society 20% (poor woman needs help to pay for lawyer) V. (G.G) v. V. (J.) 25% (property case involving dairy licence) M (K.) v. M (H.) 20% (child abuse case) This question warranted us having to put in brackets what each case was about If litigants realized how much trouble they were causing law students by not using their full names, they might reconsider their decision to not usc their names. In the end, isn't it something to be proud of when a case you're invoked in makes it big? What's there to hide from?

Favorite case involving a refugee whose last name starts with the letter "S" Singh 40% Shah 0% Suresh 60% Sethi 0% The Supreme Court of Canada has recently dccidt·d to only ht."ar appeal~ from com·cntion n:fugees whose surnames start 'With the letter"~". It is hoped that this will prove an effccti,·e way to dt.-al with the backlog of immigration/refugee cases.

Favorite case involving the province of Manitoba Manitoba Fisheries Manitoba Egg Reference Winnipeg Condominium Manitoba Language Reference

45% 0% 45% 10%

Even though Manitoba doesn't have all that much gmng for It (i.e. -4fl degree 'Winters, no ~ II I. hockey team, -.W degree \\inters), at least it can Jar claim to the fact rhat all the best legal cases come out of its prO\-ince.

Favorite dissent Andrews in Palsgraf McLachlin in Rodriguez Wilson in Morgentaler L'Heureux-Dube in Seaboyer

30% 25% 10% 35%

\\'hen it comes to admissions, perhaps the law school might want to consider scrapping the 1.'-;AT and instead having prospective students explain cause in fact. Cook v.

I .ewis was just the tip of the iceberg. Try two motorcycles and a flash of lightning on for size. Srill makes no sense to us.

Biggest jerk Cuerrier 45% (nondisclosure of HIV status man) Keegstra 25% (Anti-Semitic high school teacher) 20% Caratun (dentist gets license to practice and then divorces wife) 10% lnstan (woman lets her ailing aunt starve) Docs he score potnts for at least being hon est?

Talk about ha\'ing the worst luck of .111 rime-.."mithcrs geb into a fight and punches some guy who happens to ha\·c a malfuncn >ntn~ tpiglottis ... the guy dies ... and then the S( ( decides to create a whole new law to nab him. '!'alk about bemg at the wrong place at the wrong time.

Best judge of all time Ca~ozo

0% (politician charged with sexual assault whose case dragged on) Suresh 25% 25% Mrs. Palsgraf Mrs. Gallie 50% (nephew sold her house)

Laskin L'Heureux-Dube Denning

adverse possession finders aboriginal notions

The comemus seems to be that Cory was the most underrated Supreme Court justice tn Canad1an history. But why? Could it have been because hts mother's name was .\1ildred?

AP wins a landslide victor}. Sec the cam patgn team for Bundle of Rights trying to appeal to its grassroots origms to gam pomts 1n ncxr year's survey.

Favorite section of the Charter section 1 5% section 2 15% section 7 20% section 15 60%

Favorite law test Oakes Law Reasonable person Proximate cause

Everyone ,·alues equality rights ... except for the Alberta government and those who hap· pen to think t\vo men should not be able w get married.

\\ill Laskin be fore,·er shunned? \Vill the Oakes test's mysterious ways finally be ousted by a more popular test? Onh next year's Uf'Rankings will tell . ..

Favorite property law concept bundle of rights 0%

35% 0% 15% 50%

In a surprise outcome, Laskin gets no love on his home turt~ Although Denning truly is a popular choice, the UV pollsters expected Laskin to be a contender. But Laskin scored the gome egg. :\faybc it's time to rename the library. And Bora's bust can be moved to Falconer, to make room for a life-sized st;lt

80% 10% 10%

40% 30% 20% 10%

with Scott Kirkpatrick & Paul Galbraith

BY JUDA STRAWCZVNSKI

played through pain, in one case still wearing an ER bracelet, a plastic scar from the dcrox \'V(•'re ~catcd around ha\ing a La\\ Games unit. The smell of bst night's beer was overdebrief. \ cross from me sits Scott whelmed by the sweet smell of \iCtory.

Kirkpatnck, I·earless Leader of the 102-pcr Kirkpatrick and Galbraith know that the son strong U of T Law Games tc:un. I lis athletic rroph} was earned through the tireless right-hand man, Paul Galbraith, aptly ~its to efforts of the female competitors. Squash his right. 'The rwo are clearh basking in the superstar Karie Patrick, currently ranked fifth glory of U of T's Law Games victory. in Canada, beat her first male opponent v.1th 'loronto £bv home from Halifa.x with a dcci· her left hand before creaming the resr of the sl\·e win in the athletics categoC): Only a last- pack. Leslie Church played smart, Emily ~ lak minute n:weighing of the points kept U of T played strong, and the competition was k-ft from taking the academic competition. " It watching as Toronto chalked up the "\'" time wouldn't do to have U of T win both tro- and ag:un. pllies," Ktrkpatrick muses, since no school has Snll, the Law Games experience took itli ever taken home both trophies in one year. toll. Galbraith e.'Xplains that "Law Garm.-s But both he and Galbraith have the contented embttters even the [gendcst] of souls." .\lost look of wa.rnors who know that they have U of T students went to Law Games with won the battle. nothing but love for their fellow law students.

'The two have a fair share of war stories: '!bey tned to be noble, but, as N!l..-patrick How Kathleen Grandy lost her teeth, but not norc.c;, "By the end, it's hard not to live up to her will to party; how ~fa.x ;\!organ had a fun expectanons." And so what started as a friendtime, despite being kicked out of clubs when ly competition became a rake-no-pruone~ he least deserved it, and allowed to stay when struggle. he should have been tossed; how men were c.xt year's batde promises to be as fitful men and the lobsters ran scared ... and fun as \\las Halifax. U of T has won the '\nd the leaders have nothing but praise for athletics category rwo years running, and will their fellow U of T participants. Kirkpatrick aim to defend this tide, while topping the and Galbraith know that the -.;ctoC)· \\"as a podium in academics. Although the ~.kstina­ truly tt.-am effort. "It came down to which rion is yet to be confirmed, douht\es~ tL'am dragged itself out of bed;' Galbraith Kirkpatrick and Gal\muth '"i\\ he seen muung hoth at \ b.rt House and U\ the \ihnry, pan<.:nl n.mark~. And on thi,; occasion, u was U of T

U ofT favourite, Lord Denning, pre- and poRt-retirement.

thai ph)t.:d through the nangn-.-t..-nt.. Hun-bags

\y

\~tcpanng for no.\

')car'S nunh\e..,

u e of tlw Lord .. r rlw I lous<· of Lon.ls.

20% 20% 60% 0%

SCC's most significant decision Morgentaler (1988) 15% Roncarelli v. Duplessis 40% Oakes 35% B.C Motor Vehicles 10% A Law Student's :-.=otc to Self: After graduating from U ofT Law, and climbing up the

Sansregret was appropriately named for this case. lie brcaks into his cx-gtrlfriend's house twice. On both occasions, the ex-girlfriend has sex with him, because she ts fearful he might gt:t \iolcnt if she says no. He is found guilty of sexual assault. .\nd despite the nature of the cnme, Sansrcgret shows no remorse.

Favorite Denning quote "International law knows no 5% rules stare decisis.· "In summer time village 60% cricket is the delight of everyone."

15% •A gentlemen keeps his promises.· "The avoidance of tax may be 20% lawful, but it is not yet a virtue.· Denning is to cricket as U of T Law is to tultlon increase; you just can't have o ne without the o ther.

Most confusing case Pao On v. Lau Yiu Long (contracts case) Crown Zellerbach Corey v. Havener hypothetical (cause in fact) Pierson v Post (who holds the fox?)

SCC's worst decision Gosselin (right to welfare) 20% Rodriguez 15% (right to physician-assisted suicide) Askov 25% (trial within a reasonable time) Smithers 40% (de minimis test for homicide)

B~nooe

f;lkcs tile pnn•.

Favorite case name Pushpanathan Pappajohn Sansregret Tsakiroglou & Co. ltd. v.

Noblee Thor! GmgH

social ladder to become the Premier, try not to ust.• discretion in rcn>king liquor a licence solely on the grounds of religious belief.

Such acts may come back to haunt you.

Saddest soul

Sure, Gallic had it pretty had ... but it was her own fault for being gullible. It could h ave been a lot won-c. She could have been Although surprisingly close, the "Queen of deported to Sn Lanka and been tortured.

D1s~c:lll~ ..

Coffee talk

Students weigh in on favourites "UV BRIEFS" CONTINUED FROM PAGE 9

11

30% 20% 40% 10%

Most underrated SCC justice Estey 20% Cory 70% Beetz 10% Pigeon 0% PlEASE SEE "STUDENTS" ON PAGE 10

• COI11111Unlt NOTICE

( Rank of Goodmans in the 2003 Canadian Lawyer Law Firm Associates' Survey: 1

BOARD

II 'ho: Students affected hy date r.tpe and se>..-ual '1olence.

II' hat: The Assault Counsclbng & Education Program at the l of 1' '\\-ould like to break the silence !:Urroundmg sexual assault and vtolencc thmugh the creatton of a zinc. In an effort to share stones and educauon around the tssue of sexual' iolcnce or abuse in innmate rdanonslups. victims/sunivors arc united to wnrnbutc to thc zrne. Indl\idua]s who ha\e been affected by knov.ing someone who has been a \'lCttm/sun 1\nr arc al~o welcome to contnbutt.

Suhrruss1ons can take the form of stones, letters, or poems, and could 1ndude (but is not limited to) the foUm\ing themes: The impact of violence at the rime of the assault or afterwards; flo"' }OU dealt with rhe \iolencc and ha\c tned to recover from it; flou people's response:;, personally or proft.-sstonalh, helped or hindered you; How rnstttutlonahzed or sy:.tenuc oppression tmpacted )Our experience, response and choices; Ideas/actions to prevent violence. ll''hen: Pleast: send submissions by hida),January 30 to cheryl.champagnctalutoronto.ca.

C:ontributors c-.1n be anonymous, usc his/her first or full name, or a pseudon}m. If you wish to be notified about the status of }OUr submisston, please prm'ide }Our e-mail adJrcss. Your confidentialil.) is assured. ~

Got an announcement) Studmt gro11ps, t!Mbs, and orgamza11ons orr ndromc to .UtnOfll1(t roi!Jer cnrcs. IrJIJ/narr, bmifi!I, a11d olhtr tt'tnJJ {ru of d.ltiTf. . Pk.uc srnd dttails of tl~ rvmt (IWat, u1~en

& wl rr) Jo u/Jra.nm(a utoronlo.fa. P/c,uc lin/11 announrrmmts to 75 11/()rds m !tn.,tb. [ ltra I rru me rvtr 1ht nglllo tk lint publi.rhmg mu. oun«m nts.

Average age of all lawyers in the Toronto office: 38 Average age of partners in the Toronto office: 45 Year the youngest lawyer in the Toronto office was born: 1978 Years Eddie Goodman had been practicing by 1978: 31 Years most long-standing employee has worked at Goodmans: 41 Number of lawyers who are also Olympic athletes: 2 Number who think foosball should be an Olympic sport: 29 Odds that an articling student will have his or her own office in each rotation: 1:1 That the office will be equipped with a big screen TV and surround-sound stereo: 1,000,000:1 To get all the facts on our Student Programs visit us at goodmans . ~ For additional information or to submit an application please contact Catherme Chang, Director of Student Programs, at 416.597.4190 or cchang@goodmans.ca.

GOODMANS i

GOODMANS LLP I BARRISTERS & SOUCITORS TORONTO I VANCOUVER I HONG KONG

• •• www.goodmans.ca

1j

13

LAW GAMES

12

Clockwise from upper left: Universlte de Montreal, team spirit; Nadia Colangelo (II) and Paul Budovitch (II); Shannon Gotfrit (I) and Lauri Penn (I) enjoying each other's company; Kelr Wilmut (I) and Angelo Gentile (I); Grant Mcleod (Ill), drinking games anchor; Matt Pierce (II), Zen and the art of double-fisting; Duncan Longstaff (II) within Inches of his bedroom; Kathleen Grandy (II) baring broken tooth; Sumo wrestling at the Wacky Olympics; U ofT dominance on the hardwood; the warriors hold council.

, U ofT delegation dominates Law Games U of T went undefeated Team widely criticized for over-competitiveness and lack of spirit

BY SIMREN DESAI Bctw~nJan. 7 and 11 of this new year, law stu· dents from across the countq descended upon Halifax for the annual orgy of qrinking, partying, sports, mooung, and thts year, gambling, lh<\1 IS kno\\n as l:.1w Gamel\. At least twehe (.\i\\C) am\ U\~ t<) \\1'5 <._U of ' \) stuucnts from c:tch of Cnn;JJa's nmercen law schools parrici-

p.ucu in the confcrt·nu•.

The lJ of T contingent is perenniall)

Jcspist•d or the other schools, and is welcomed by thunderous booing at every general eYent.

Delegates from other schools eire the arrogance and m•er-competitiveness of U of T participants as the reasons for their hosulitY. U of T Law Games Chatr Scott Ktrkpatnck (li) believes that the real reason IS that "{p)eople want U of T students to fail each year as athletes and paruers so that they feel more at case \\ith the tdca that we arc somehow not well-rounded stu· dent~. I really don't think that we go into these competitions arrogantly ... \\"e could send 100 1\tothc.:r Teresas in U of 'I" shirts and they would get h<x>eJ." ,\ ndrew !lope (llT), one of the delegation's more avid sportsmen, sympathtzed with the other schools' sentiment. "\Y./e arr both [arro-

gant and compctitive] \\lthout a doubt," he conceded. \X' hen asked for an example of what madt• him feel tillS way, he replied, "Gee, I don't know ... How about the email from :::.cott asking for people with professional sports experiencciAre you t"#Sirtg kidding me?" ~oncthcless, U of T La·w claimed thl· All Round Sports utle for the second consecutive n·:tr. placing first in si" of ten CH'nts. Tlw scl!ool went undcfi.-.u cd in e:JCIJ of" tc>orl> ~ ll. , o l

lcyhall, StJUash, baskerball, soccer, and ultimarl' frisbte. The daily Law Games newsletrer called it the "most lop-sided ,-ictory ever." The recent strength in sports, which ts partly attributable to the very largt size of recent conungents, "really refutes the stereotype that t; of T srudents only got here because we are irtarticulate and un-athletic bookworms," said Kirkpatrick.

U of T was also quite successful in 1ts more traditional stomping grounds, like mooting and tri\ ial pursuit. The moot team made up of Robm Remertson (lll) and Alex \'an Kralingcn (lll) placed second to ;\kGill Universiry--<>n the topic of the crirrunal prohibition of polygamy-in a fmal round apparently mlden by controversy. Said Remertson, "There was a serious time-keepirtg error while 1 was mooting and also a complete breach of mooting eti-

- h ~~5\{etball, 8 tootba\\, vo\\eybal/, squas ,~ o~ yuettt by the ;\lcGill team." Compounding Remcrtson's ire was the fact that "I found mpdf defending the practice of polygamy, \\ hich I personally ftnd morally reprehensible." \ddmg further confusion to the matter, it ~cems Justice 1:111 Binnie of the Supreme Court of ( .m a d .•, ~~ho was sitting on tht• judge's panel, 111 :1)' h ,t\ <' ICl n pomrilv

d on·J off, .tnd W:tS Ulp

turcd on filin do1ng o b~ a Law t,:unes Tattler H'por tcr Rc 111crtson did n o r n ot •cc Justice Binnie's lapse. "I Ie didn't fall asleep whil~ either Alex or I were mooting. But eYen I almost fell asleep while the .\lcGill team wa~ mooting," recalled Retnertson.

In addition to their athletic and academic prowess, l ' of T students demonstrated 1hetr sigmficant tolerance for alcohol Juring nocturnal drinkmg e,·ents. The race tc.::am of Grant ;\lcLeod (111), Tre,·or Ogle (III), Faye Kra\'etz (II), Duncan Longstaff (II), and Dtrk Zetzsche (I.L\1), tit-d for first place irt drinking games Juring a pub crawl on the second ntght, only to be depriYcd of the title in a tic-breaking cheering competition during which U of Twas completely drowned out by booing. Kathleen Grandy (II) was not quite as successful in her personal pursuit of alcoholic supremacy when she fell on her face on night one and chipped

(\ (0

..,.

off about a third of her front tooth. lJ of T also placed last in the competition for the Sptrit Award, which is voted upon by the J.aw Gamc.:s chairs of each of the nmeteen schools, and recognizes the school wuh the most sportsmanlike arrirude and energcuc presc.tlCc. lJ of T's stanumg in this category utd not con'c ns a surp•·isc t o anyone )-\any nf 'he oth~r ~choo\s, partlculad) those m th · lucb<!Cl 1s ChC I•P system, when• ~ruJen ts nrc a d nuucd to

law ~chooJ directly after h1gh school, had elaborate and spinted cheers. The U ofT contingent on the other hand, which had rehearsed, "Spirit award we'll take a pass, '\ve're JUSt hc.:re to kick your ass," as its cheer, did not cYcn get that far when callc.:d upon to cheer, and instead ended up chanting "U of T, U of T' to a chorus of boos.

Other U of T srudents amided rhe competitive en\'ironment all together. Rachel Kugclmass (I), said that the best parts of Law Games for her were "[n]ot lc..-aving the hotel, hut pretending We Were going to; liYing with mr friends, sharing clothes, and waking up knowirtg Paul Budov1tch was sleeping nght next door." Converhcly, one of the worst parts of Law Games was "Paul banging on my wall at two p.m. complaining that WE woke HIM up!"

Photos courtesy of Simren Desai, Duncan Longstaff, and Dirk Zetzsche.

,.... :::T

CD

OPINION & EDITORIAL

14

Students disappointed at lack of Bridge Week diversity

EDITORIAL

Law Games victory comes at greater cost? uh the exceptional dearth of schools' 11atura/ animmll\' toward us. '\.ot faculty-wide ~ocial acti\ ities to worry, since the Spiri; ,\ward was one at our school-the of the "gay ol\lv~trds'' anyway, as our Law Hallowe'en party comes to Games Chair so delicately put it in a mind as the only c\cnt this year \\iddy speech to our entire delegation. \\'e met .md exceeded our goals in most attended b) students-Law Games prorespects.

'J'he \'arious sports reams \ ides a much needed opportunity for sruabsolurcl) dominated the field, on many dents of urious stripes from across the occasions quadrupling and even qwntusehoul, and indeed the country, to come together and ~hare ideas and experiences, pling opponents· scores in basketball and and rna} be engage in a little healthy and football. 1n terms of drinking, most of us recreational competition outside of managed to get absolutely wasted on most school. ,\t least this is what Law Games nights; one delegate even lost half a tooth could he. In pracuce, however, the con- and another had to attend the hospital ference ' is somt:thing much different. In after valiandy subjecnng himself to alcofacr, ir seems that participation ts reserved hol poisoning. We also performed for a jock-ish sub-population of this and admtrably in the drinktng games-a other Jaw schools, both implicitly and refreshing return to a mode of comperi· tion many among us had not witnessed explicitly.

Jlxpltcidy so because from the moment since undcrgrad-takmg down the most that ir became apparent that there would alcohol the fastest. There was eYen some be a scarmy of spots for U of T dele- talk of strategically mducing ,·orruting gart:s, the Law Gamt:s Comnuttee decided among our ream members so that they to reserve pbces for key members of the could compete more effecti,·cly in subsequent ;ounds. school'~ vanous sports teams, as they Victory ,.,·as sweet indeed, but it came chose ro pnoritize sporting competirh·em:ss over equal access to general partici- at a cost that went beyond sore muscles pation. This choice \\'as also reflected in and hangover chills. Isolated groups of U an mforma\ dectston to place "non-sport- of 'I' Law students were harassed and were mg' (or \css sportin~ members of om taunted h) the phra~e. "U ofT ~uck~ ass"; -.cnu<>\'s contin\!,cnt on a '-'Ct)' car\y morn- some were ignored eomp\etc\y when they appn>a<:.nc<\ s\u~knls from olncr -.choo\s in'tl, ~'gn\ \1> "''"' h<>m \ \•4\\hx, tor ~\"\c \)en

W

rfit o f tlu:• uhlc·tt..!l . u1tl cnrnrnitu·~ tnL·rn

hc:r.- "1"' r.tk<· ,, !.Iter t7ight after gcttmK a

full night's slct:p (the late flighr:~ list also read like a who:, who of people to whom rhe committee chatr owed friendship or favour).

The implicitly macho orientation of Law Games became fully endenr when, upon arrival in Halifax, both the committee and event organizers emphasiZed the three areas of competition: sportmg prowess, drinklng prowess, and cheering prowess. The fact that all participants would be binge drinking every mght seemed to he assumed. That this dnnking, however, should not come at any cost to our performance in sports was further assumed Finally, for our delegation, cheering in any positive way was irrelevant smce we had no chance of winning the Spmt Award by virtue of the other

·a·)cl.-,}},;

u

lwthc:r

11u/

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BY NADINE DECHAUSAY, ODETTE HENRY, CAROLINE MEYER, ABIGAIL TULLOCH & SABA ZARGHAM I As fiN·year students, it was with high hopes .wd expectations that we began the Immrgrauon Law and Policy Bridge \'\'eek that rook place from Jan. 5 to 8. The week promised srunularing, possibly even contro\ersial, session~ on a wtde range of topics including refugee policy, historic and contemporary barriers to the integrauon of racial minority immigrants, and the influence of securiry mterests on immigrauon 1 policy. \X'hde we applaud the timeliness of this Bridge \\eck topic, and Professor Choudhry's efforts to organt7.e It, we found the week to be unacceptably lacking in a very crucial area.

For four days, we heard from panelists that Canada is a country of immigrants, and that 'loronro (as we were repeated I} reminded) ts the most diverse city in the world, composed of more than a third of ·visible minorities. Yet, there was not one panelist during the ennrc week who was a visible minority or an immigrant from a dc,·eloping country. This \\'as a loss of an essential opportunity to \'Oicc the experiences and perspectives of a sigruficant portion of this nation's population, not for the sake of tokenism, hut because the subject matter itself compels it. To have a weeklong disc.usston on H\sucs of immigration and di... erSllY wnhout hearing the perspective of a

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wantt·d ro fig/11. By rhc tunc we acceprcd cxpt:nences is to mtss a key component of our awards at rhe final banquet, about half the debate. Whether an academic, an the hall had already emptied. J\fter the actidst, a lo~W}Tr, or an ad,·ocate, it is difficuemony, we as~embled our group inro cult to believe that such a person could not one btg island of superiority, for a photo, be found in our diverse community. in the middle of the then nrrually empty \\'hat could have prc.:·vented a Bridge \\'eek hall. that, in essence, is about multiculturalism, It was lonely at the top. But after all, from being multicultural? One of the pansuch is the nature of competition, and elists stated that most re:;earchers and acade~omeone had to bear this burden, right? rrucs in the field of immigration come to this Unforrunately for the majority of U of T work motivated by their personal histories of srudcnts who did not attend the event, migration, yet, remarkably, the composition and get the chance to revel m their own of the panels reproduced Canada's bygone glory, they w1ll also bear the stigma policy preference for migrants from Anglo· attached to C of T in their relationships Saxon countries. Having diverse panelists from tkveloping natiom bringing their unique with colleague~ from other schools, now and in the future, when they will need to perspectives might have enlarged the content both cooperate and compete on ml!tters 1 of the discussion. Indeed, it might have J added a very relevant face to the issues. The of real world significance.

e\'en! would ha\·e :t\'otded the practice of "talking about" disadvantaged minorities with great sympathy whtle not mviting them to speak for rhcrmeh·es.

By comparison, in the !Iuman Genome Brid~e \X'e(.k hdd last '\om·embcr, arguably the most powerful pn: entation was that of Cath~nnc Fr.tzee, a woman experiencing a physically dtsabilltv. She brought not only her academic exp(.nc.;ncc, but also her per· sonal story to bear on the issue of generic cn!,>ineering.

Ensuring that such perspccth·es are heard is essential to creating an inclusive and dynamic dialogue on these issues. If in fact

Being minority students in this Faculty, at the conclusion of this Bridge Week we felt offended and disappointed. the problem in this case was a lack of qualified speakers from diverse backgrounds, we belie\'C that such an overwhelming and shocking deficiency ought to have been talked about opcnlr in the context of the sessions. This, howe,·er, is suspect, and difficult to reconcile with the fact that Ill the pasr few months alone, <.Jllalified speakers from div(;rse backgrounds h:tvc come to thl· clu·•l

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inswnce, uunng rht· firsr -ycar onenration 1\mina Sherazee, a rl'\·iew lawyer at Downtown l.egal Sen ices who dc.:oals with immigmtion and refugee claims on a daily basi~. discussed pubhc interest law in the context of her work.

Additionally, ~I Farouk Khaki, an experienced attornc.;•y tn Toronto, was imi1ed1n '\lm;cmber by Out m Law to deli\·er a lecture at this Faculty about refugee claims based on sexual orientation.

The elimination of workshops and Jiscusston groups in this Bridge Week furthered thts lack of discourse. Again, such workshop~ were included in the previous Bndge Week and would have been bencfi cial this time in at least allowing the voices of imrrugrant minonties in the student body to be heard. This deficiency of dialogue and ~c~sion,

PLEASE SEE "BRIDGE" ON PAGE 15

20 JANUARY 2004

15

LETTERS

Fifteen years later and still "blue-balled" Disaffected await consummation of Canadian Alliance and Tory union with bated breath down their noses at us for not being grateful. that the} wasted m}' rime for a decade, and The truth is, the Tones were just as guilt)· hung me out to dry for so long that I'm gomg For myself, like many yowtg Canadtans, the as the Ltberals of tgnoMg the \Xest, and in to have to take a pass.

As for Canada though, thts is undoubted recent merger of the Progrtsstvc their rage the Reformers surely made them pay. But at what cost? B} splittmg the right- ly a posittve development. \'qhilc this election Con~en·ative and Reform/ Alliance parties is like a sarcastic post-war apology from an wing vote for fifteen years, the entire country year will sec the Liberals hang on to their abil unrepentant empire. It comes too hue to be was punished \\1.th over a decade of unop- ity to govern endlessly without be1ng forced posed rule-unhealthy in any democracy. It to develop a consistent policy pl·nform or mL~mingful and docs little to help am·one. mtght be too late to undo this wrong no mat- without keeping any of their election promis · Oh gee, the wise "leaders" of the nght arc ter what course the "United Right" charts. going to stop their pedantic infighting long Why? Let me offer three reasons: t"nough to put the counrry\ inrere~ts ahead 1.

The Reform Party went way too far. Just of thetr own internal squ;tbbles-golly, like the '\.DP provides a nest for radit-al thanks ... socialists to park their mte, the J>Cs had tra · dirionally been a parry for radie1ls of the right, \dtltout ever acrually allowing them access to policy, platform, or the microphone That all changed \l.ith the advance of hdrtors, the Reformers though, and I doubt that any I was fltppmg through my favourik of us would say our country is better off for monthl} legal periodical when I found a thts. Will this new party cede enough power colun;n that was of interest. '1 his column to the old PCs to allow them to keep the was more perplexmg than usual. Lisa wing·nuts in line? I doubt tt.

C.nion's (II) piece, ''Morass of the senu 2. The image of the Westerner within educated," was under the )wading ''Bv Eastern Canada has cerrainl} not improved. I ~chool 'Beat." \X'hile 1 "as tmaw.m: that don't need a poll to tell me this, I ju~t ha\'C to I /tra f irts had assigned a heat reporter w The sad truth is, this merger is something ulk to my peers in law school. If I e\·er mencover current C\cnt:s at the Rotman that 1 have been waiting years for, and now cion my hometown of Calgary or my desire School of \lanagement, I read on because that 1\·c got my wish, I'm not e\'en sure that • to return there one day, invariably I am met I, a combmed JD/l\lBA student, was \\ith a blank stare of incomprehension from It's wlut I want. The even sadder truth is that enrolled in classes there as -well. for a brief shining moment in the early a fellow srudent who has never been further \'.;hat I read shocked me. The reason 11 1990s, I was as 'J ory as they come. I gave 'l'he West than Samia. "Wby would you want to shockc.:-d me \\'•ls l1ecausc 1 had no clue Party my youth, my ·dtalit), and my energ~. In dove a pick-up with a gun-rack out in the what the author was tr}ing to say 1 did not rcntrn, they gave me summer jobs, all the sticks?" they ask, unaware that every tenth undc.rstand the arttck'-llot at aU. M~ ftnt beer that I could drink, and my tir~t taste of car m do\.\o'ntown Calg~uy is a Porsche driven lhou 11h t was \ mu"'t be a tou\ moron. \ action. Well, political action at k,1st. It was by a former Ontario resident who wou'o mt-an. 1 nen~r ma,orcd In r.ngbsh, hur nt·ver n1ove b;tc.k. one<• said 1hat you go ro PC con' en lions to surely l'n· u ad enuug!J t> \ cr the l,JSI tour J. Maybe they could have banded togedtget drunk, Liberal conventions to get laid, years at law ~chool to prodde mt· \\ ith rltc. ;md :--:e,w Dcmocr.ttic Party conventions ro er to defeat Chretien, bur Prune Minister background to comprehend an) thmg Paul .\fartin did a better job as a "conserYalick em·clopcs. written m U\~ I checked ,,..jth a few of my While my buddies and I were spending the ti\'e" finance minister for nine years than fnends 1n the Rowell Room, hut the\ were nights away on the beer-soaked floors of 'Iorics or Reformers e\·er could have. So, dwnbfowtdcd as well. I ptcked up the Parliament Hil~ the only enemies we were while it's nice for these parries to join forces, phone to call m} si ter who wns an worried about were the Liberals. Then, like a hopes, and party debt loads, they don't have hnglish major m the hallowed halls of blitzkrieg from the \\.,est, came the Reform much of a chance of gaining control of York Unt\cr~tt), a.k.a. ""nte !\hchigan Party. lla\ing been raised in Calgary and Parliament right now. Since Martin swept a State of the 1orth." Perhaps shc \\Ould Saskatoon, I spnpathbed \dth their mes- lot of deadweight crut of Cabinet, he's lookhe able to explain the matt} "big'' words ing very electable, and this nL'\\ beginning ~agc.;'--1 knew what it's like ro be trc.;'lltt.·d like used 111 the arocle. While she clarified a second -class citizen while the fin cats in the would ha~·c been a hell of a lot more useful a "morass'' to some extent (1 was stt11 a bu E:tst (anywhere east of Winnipeg) reaped the long wne ago. shaky on tt), she could rtot full) dco;cnbe So, while I always said that I might get rewards of our efforts by manipubting the these other words or phr.u;es• "noble~se Crow rates, legislating dueveq with the hack mto politics once the nonsense ended IJhligc'' (\\e don'r speak (;r.;rman), ''the '\lational I ~nergy Program, and then looking and the right was tmitcd again, the truth is

BY STEVE PENNER

es (nmember promises they'd scrap the GS'I and 1\ \I'TA), at least now they \\'ill be met by sol.td voices on both sides of the political spectrwn who actually belic,·c in something.

I JUSt pmy that the new Conservative Party's Ontario money can drown out the vocal rrunority of redneck right-wingers in the \\est in time to take on .\Iartin's succt:ssm when the former rums 70 in 2009.

Letters to the Editor

By splitting the right wing vote for fiteen years, the entire country was punished with over a decade of unopposed rule-unhealty in any democracy.

nttherwmld of the !ierru-edu01ted" (\\hat the':.??), "elcemos} nary" (I thought It was somL orr of rchgtous recrwter • and "pseudo Hobbcstan paradtgm" (I dunk I sort of know this one, but l don't \Vant to sound stuptd so I won't sav what I dunk).

ThiS \\'liS JUSt a ~amplmg of "'hat many read, but did not understand. \XCII, I ha\e a reply to her wlwnn that thl· rest r)f us laymen can understand: Me not dwnbl ;\lc thmk you tr} to sound smart b} using wonb longer than three syllables. Well guess wh.tt? I dtd a little "fact-checking" on }OUr arnclc. That's nght-tlus Uni'\;ersity of \'\'estern Ontano graduate dtdn't go to an h1 League school but I can figure some thtngs out for mvsclf. Pirsd), u turns out that )OU mu/Jrt~ h:n-c been pondenng the cligtbihty of vanous \\\\'TF stars (as }OU s:ud )OU dtd). :X:Cms the W'\VP turned mt•> the \X!Wh a httle v.;hilc hll.ck. '\here ue no '-"'\.''\' ,;tan> anymore. i\hnou~b \

1\l'n

rcachmg. tlr;at \V':IS onh JubttKL' #}. )ou also ma) clunk JOUr Nt"gou<Jrwns profes sor 1s "nuking stuff up about fraud," but hrs JLB., 1\f.B.i\.., and Ph.ll from 'h.le make me think otherwise Rut that's just me I am able to present these findm&~ \\ tthout the usc of atl) "50-cent words", (I'm sure much to your chagnn) ( >h no! I JllSt used the word "chagrin." fhnnk god for the thesaurus fcarure on nn computer tlnngy. Oh, and "elecmos} oar}'" The tntcrnt't told me that 1t can be traced bad to the Greek \\Ord "cleo~." wluch means "puy". I ckos the fool who attuallr under stood what }OU \\.'rote m }OUr last column!

- Jory Grad {Ill)

Bridge weak CONTINUED FROM ~STUDENTS" ON PAGE 14

ultra vires Ultra Vires is the independent srudent newspaper of the Faculty of Law at the University of 1oronto.

Editor-in-Chiif Berruna Butt News Simren Desai Ltgal Imm Andrew Pilliar Editorial/ Opinion Ben Perrin Features Juda Strawczynski Diversions Lisa ?\finuk Production Editors Emily Mak Copy Editor Online Editon BN.IifteJI Maftager

John Norquay Aristotle Sarantis David Khan, Justin Petrillo Sunren Des:u

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engagement ,.;th the subject matter was further exacerbated by the fact that there were no evaluations, which were conducted in the previous Bridge Week. 'This removed a final avenue for srudents to voice their sentiments about these problems.

Being minority students m dus hcult)·, at the conclusion of this Badge \~·eek we felt offended and disappointed that the panel did not reflect the dtvcrsity in our community--academic or otherwise--and that no concrete opporrurut) was prO\ided to discuss these important and timely issues \\ith our fellow students. \Ve hope that in the future these concerns will be taken mro consideration in the developmental stage~. and that (it goes \\ithout saying) the Bridge \\"'eek on Immigration Law and Policy will continue.

/

LEGAL ISSUES

16

ULTRA VIRES

BY EMILY GRIFATH Hanng Just begun law school, my time ar home for rhe holidays was filled with ques· tions from friends and family about thts new experience. Everyone was eager to ask, "!:>o, how's law school?" and joke, "\\'hen do I get free legal advict:?" After the first few conversatiom I found myself, as I'm sure you a\\ have, repeating the same token ans\l;cr~ in rc~ponse (and trying very hard to ac.t ·a" though the io\...cs peo\)\e made were

17

Massachusetts court ruling fodder for further debate in US

Placement clarifies classroom lessons

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 stu· dents and the work they are doing in underrepresented communities this year.

LEGAL ISSUES

The right to same-sex marriage-below the border

Child as father of man Pro Bono Students Canada (PBSC) is a national organization matching Jaw students from sixteen law schools across the country with public interest organizations, com· munity groups, and lawyers doing pro bono work.

20 JANUARY 2004 ·

both ckver .1nd onginal, ahhough they were rarely citheri \fore often than not, a few short sentences wue all anyone wanted to he:tr, bur occasionally I found myself reflecting on the past ~cmester rn more depth, and rcali7ing th at the experiences oUtside the classroom arc the o nes that have prO\ en the most rewarding.

'Ib man) people's dtsmay (family mem· bt·rs hoping I've learned all the tax loop· ho le;. o r friends wanung to get out of speeding tickers) wt• snll don't knm\ it all.

W'e really haven't learned \cry much about \\hat J.l\vycrs do on a day-to·day basis, whar " rhe rules'' arc, or how we will e\·enrually be able to apply tl1c sometimes-abscracr principle~ from class to "real life" Situations. llowcvcr, through my Pro Bono Srudents Canada placement with the Toronto Children:~ Atd Soctety (C \S), 1 have been able to get a look at the reality of the legal system and see the connections bet\veen what we discuss in class and what those discussions mean in practice.

The legal department at C \S represems the social wo rkers who intervene, o n behalf of children, in family situaoons mvo h-ing violence, neglect, subs tance abuse, and other issues. There arc many le\·els o f imer\enrion allowed by the court:;, with the most extreme bemg total removal of the children from parents' custody. The work can be \'otrc~\ifu\ at times, with typically tight ume-

lim•,, sometimes requiring full tnal prepara· tion ro he 'completed in only t\vo days. It can also he \err depressing and dtscouragmg when you realve the level of abuse and negkct suffered by countless children in o ur ciry, and the f.1ct that many children ha\·e ca~t· files two feet thick. These files docu· mcnt countless mm·cs between foster par· ents, often befo n• rhe children e\·en rc:1ch high school. !laving said that. these factors are parr o f the reason l find the placement so re·ward ing. l have really had a chance to sec how critical this organization is to our communi· t}; and how pressed the legal counsel are for resources. For instance, one of the first things I was asked to do for the C \S was to frnd case law on a parocular procedural rule that would support the society's position in court- In rwo days! 1 was shocked at the time that they wanted a student, with no t even t\vo mo nths of law schooling (and no t a clue what QuickJaw was or where I could frnd such a thing) , to be responsible for something that was so cntical. I later learned the simple fact that there ts rarel} enough time to do everything that needs to get done, and just having a first ·year srudent putting fo rth his o r her best effort is greatly appreciated, and a huge help.

I have since researched more case law and sociological evidence, helped counsel prepare for court, (and taken notes for rhem

while there). mer with children and parents Juring dtscus~ions concerning their legal positions, and helped children in the Crcm n's custod}' (n~rr often new Canadtans) fill in forms and compile n:guired documents. In addition to learning u~eful sktlls, such as case research, my place· mcnt at ( \~ has helped me 'isuahzc the legal profc ·ston's bigger picture, and how our academic foundation applies to the practical world of a law}er rn a non-profit organizauon. :\ly time at CAS has taught me some of the acntal rules of law- which arc so t:lusive to me in class-and has been a rerrunder that even the simplest pro bolla work can make an appreciable dtfference.

The work that can be performed by mere fust years who feel as though they don't know anything, can in fact be extremely helpful to those in need, and very rewarding to boot.

BY PROFESSOR LORRAINE WEINRIB On No\. 18, 2003, the Supreme Judtcml Court of Massachusetts ruled, four to three, that restricuon of civil marnagc to heterosexual couples infrmged the state's Constitution. The Court gave the Legislature 180 dars to conform to the rul· rng.

The majority judgement rakes a clear position in the so-called culture war. It emphasizes that the Massachuselts Constitution strongly affirms the digntt} and equality of all indi,;duals, precluding second-class ctrizenship. Invoking the authority of the recent landmark judgement of the U.S. Supreme Court mvalidating criminal sodomy laws, the majonty stipu lares that individual liberty means freedom from any unposed moral code, whatever its lustorical or religious pedigree. In a blister ing dissent from that remarkably unremarkable insight, Justice Scalta prophesied an imminent slide down to gay marriage, ctting the disascrous developments in Canada as his proof text. This is the rare occasion upon which one can appreciate Justice Scalia's sagacity.

Chief Justice .Margaret Marshall wrote tbe majority judgement. A graduate of Yale I .aw School and former general counsel and vtce president of Harvard l niversity, she had led the: 20,000 member '\lational Union of South ,\ frican Students 1r1 their anti

apartheid stance in the 1960s. Her judge· ment draws a strong p•uallel between racial and sexual subordinaoon, equatrng the ban on gay marriage to the ban on interracial marnage held unconstitutional b) the Urutcd States Supreme Court in 1967. \ftcr reviewing the arguments proffered m sup· port of the restrictive policy on access to civil marriage, she concluded that "the marriage ban works a deep and scarring hardship on a very real segment of the commuruty for no rational reason." \s there is no further appeal from this dectston, the initiative now shifts to the state Legislature. Contrary to expectatton, It could legalize equal marriage. If it sunply lets the deadline pass, the courts pro duce the same result by ordering the state licensing offices to issue marriage licences to gay and lesbian couples. If Massachusetts does recognize gay marriages, federal legislation now stipulates tl1at no other state would have to recognize these marriages.

To av01d equal marriage, the Legtslature could do away with civil marriage altogether or seek rruddle ground, by enactrng a framework for domestic partnerships or selected marriage- and family-like benefits, along the lines of statutory arrangements now in place in Hawaii, \'ermont, and California.

Many experts read the majority judgement as rendering such compromise options unconsrirutional.

'"'ill

l n the b<.>ldel't move, the legislators co\t\u

initjate the procedures necessary to amend the Constitution. Since these procedures require action by two successive legislatures and confirmation in a statewide rcfcren· dum, an amendment would take at least three years to process. In the mterim, pn; sumably, the state would ha,·e to compl} "';th the Judgement.

Pressure is building for an amendment to tl1e federal Constitution, which would bind the ~tatcs. It IS unclear what the amendment would stipulate, gtven the range of views held b} the opponents of equal marriage.

Some proposals go beyond effectuating a ban on gay marriage to prohibit c1vtl unions and equal access ro marriage-like benefits as well.

To appeal to socially conservative voters who make up his core constituency, President Bush recendy mdicated that he will support a constirutional amendment, "if necessary" to "honour marriage between a man and a woman." To garner wider sup port for such an amendment, proponents are emphasizing the need to take a stand against judicial activism and mergrng the amendment crusade \vith theu long-standing campaign to fill the judiciary \\rith judges who pass the litmus test on abortion, end of life issues, and marriage. Democratic candi· dates for president have come out in support of legal rights for same-sex couples short of marriage; they op\}O<;e any com.ti· tut1ona.\ amendment. Recent

\~o\\\ng

\mh

cates strong public support for less discriminatory treatment of gays and lesbians. as well as for an amendment banning t·qual marnage. '\ow let's get down ro the larger significance of the case. Canada now figures in U.S. news reports as other than the source of bad weather, sick cows, and questionable border control. Those who support gay marriage, tout Canada as the land of equality, reminiscent of the depiction of Canada as ht:avcn on earth by the fugitive slaves who used the Underground Railroad as their route to freedom. Those who express oucrage at the demise of heterosexual marriage as the core institution supporting the contrnuity of western civili.zacion sa\·e their worst denunciations for our moral decline and social decay: Europeanization.

During the next months, we will see enormous expenditure of energ) as American society ties itself mro knots striving to create or forestall sufficient mobilVarion for state and national constitutional amendments on social policy. Canadians, meanwhile, will bask in self-indulgent pride in the brilliant constirutional design that saved us from a similar morass. Prime ~liruster Mulroney famously opined that the override clause reduced the Charttr to less than its paper Yalue; Ronald Dworkin offered a similar appr:usal of consntutions deformed by express \imitation c\au5es. '\'\me wil\ te\\.

Impunity aggravates scourge of torture in Serbia, Montenegro Complaint mechanisms and investigations needed 'Jbe broader goal of addressing anti · impuntty was addressed in a case brought before the Court of .Appl>al for Ontano in Reparation plays an important parr in the Otc. 2003. Bouzan t: t/;e J'tatr rif Iran ha.~ g.1r rebuilding of the: lives of people who ha\c nercd much attention m legal and human nghts ad\'Ocacy circks suffered torture. Seeking legal for pushing the redress also helps to combat the boundaries of tht· practice of torture by t·.xpo~mg Canadian court system torturers and the regimes that in calling forth those support them. This month, who are respomible Amnesty International at the for hwnan rights vioFaculty of Law is supporting the lations.

Bouzari was efforts of the International tortured at the hands l.egal ~etwork to help combat of the state of Iran impunity for torture in Serbia while living in Iran. f le and ,\lontenegro, and continues is now a Cmadian ati to be invoked with efforts zen and brought a suit aimed at prm;dmg a mechanism against rhe state of for chi! redress in Canada.

Iran in the Ontario Both the Rome J tatult' ~( tiJt civil justice system. lntrmatro11al Criminal Court and Amnesty International the Conwntion Against Tor/11re rntervcned on the confirm that torture is <lrl intercase, argwng that in national crime. States arc order for Canada to required not only to criminalize torture but also to prmidc \·ictims with adc- meet irs obligations for rnternatlonal JUStice, guate opportunity to r<.>ffiedy the harms suf. the harm done to Bouzari should be recog· fered. Regardless, the perpecrators of crimes nized as an actionable wrong in a recognized against hwnanity are not swayed by moral and legitimate court of justice. 'lbe barriers of the J'onrtign lmmtmi!J Arl force or respect for human rights alone. The effectiveness of the protective system prm·ed to he a difficult legal barrier and held depends on the strength of enforcement . sway \\ith the lower court; howe,er. the including remedies for victims. Impunity Court of Appeal decision is t'Xpected t.>arly rhi~ )'l'ar. Regardless of the outcome of rhe breeds complacency and contempt

BY CAROUNE WAWZONEK & ROSSLYN YOUNG

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tri.1l, the case's presence \\ithin the court system is part of a larger mm·cml'llt-hoth in Cana&1 and internationally-to lughlight tilt' importance of furthering intcrna· tional jusnce and tbc nt'Cessit)' of respecting legal mechanism' in eradicating torture c\·el')'\\ here.

In Serbta and .\lontencgro, there arc widespread allegations of torture at the hands of police officer.;, but few in\estigations into these allegations and even fewer com-ictions. Of those con· Yicred, the sentences imposed arc usually for a term of f<.wcr than six months-anythmg longer would necessitate dismissal from the force--<Jr suspension. Police officers against whom repeated allegations haYe been made con· tinuc to operate on the police force \\ith complete unpunity.

To combat this climate of unpwuty, \mnest} International ts publicly supportrng efforts by the ,\lontenegnn Parliament ro table draft legislation that will specifically outlaw torture as a domestic crime. Additionally, Amnesty is seeking the incroducrion of independent a\·enues of complaint for victims and impartiJI methods of invcstJgation withtn the law-enforcement

authorities.

1.IJ()k for 011r tuhlts a/ Bomi HradJan. 27 and 28for mort i'!formation and to sign adio11 kllm.

ULTRA VIRES

DIVERSIONS

18

DIVERSIONS

20 JANUARY 2004

19

Get your panties in a brun_ ch

BIZ SCHOOL BEAT

What's this "real world" I keep hearing about? supported.

Biz school, on the other hand, is a wc1rd, conflicted ncthcrplacc. Objects of study I'm sure ir will come as a great surprise ro range from the insubsranual shadows aU that I'm not really . haunting any class wnh the world "human" the business -school "type". Even in rela· tion to rhc all the other lovablr unique JD/.\fBAs, I'm basically a "poor fit", scor· ing pretty lo\\' on the moti\-arion indices.

W'hich is, rotall}~ mostly, usually, fine. Fish die out of water; srudents just spend too much time surfing (and not enough reading macroeconomics). Besides, it would be disingenuous to claim that school--with its hyper·artificial intellectual paradigms, its mass processing social organization, and tts oh-so-transparent evaluative protocols (hah!)-has ever been less than slighdy traumatic.

Bur the thtng about "real" school is that it's all so damn acadtmic: The sltppage between the interpreci\·e frames used at school and those in the "real \vorld" arc in the tide, ro the hulking rules of the explicit, and elaborated. You are welcome financial markets. The aggressi\"e practicaliro disagree \\.ith theories of agency embod· ty inherent in ib emphasis on the realpoliicd in vicarious liability case law-indeed, tik of hoop-jumping, networking, and you are shown how to do so. At length. impression management suggests that, And with footnotes. Sure, all this effort will here, imagining alltrnalt hypothetical worlds likely lead tO, on, ''" pmeptibft tjfut u.ha/Sotl'- is less important than feeling your W<lf tr on anything other than your GPA. The around the parameters of this one. That 'jl<>tnt i, that imagining the alternative is thi "corporate" world Rotman instructs

BY USA CAVION

But with the Canadian Bar Association wringing its hands about the "personal costs" of Bay Street hours ... it is time that we learn to ask more questions about the real world, the one we are supposedly so keen on training ourselves for.

and t•mbodles is equally hrpothetical, m many ways (think: "proJected" earnings, CDP "estimates", marketing-ah hah hah "research"), but presented in the hyper real terms of the Rotman brand makes it extremely dtfficult to figure out what exactly the "real world" is, let alone fi&rurc our how it could "or should be differ· ent.

When Heather Reisman of Indigo Canada came to share her "personal journey" '"ith the Women in ,\lanagemenr Association, her somewhat unsurprisingly "cake home" is that employees should expect to and aun to "have it all"-but that they should also expect to pay the price at home and at work. When asked specifically (by someone else) what women should do in law f1rms that are inadequately, ah, sllpportive of work-life balance to allow parents to schedule thetr 70-hour workweeks around their litrlc darlings' dance recitals, Rctsman replied that employees should simply lea,·e. The political and moral dimensions to employers' intransigence were not broached, nor were the roles of corporations (such as her own) m demand· ing an_d dcfming the parameters of such choices.

Which is not to say that I'm not all for paid work. Money is abstract happiness, you knm1.; and besides, connections wirh

family ;tnd friends, contributions to the community that don't come with contracts, perspccti\cs that take mto acc'?unt the kind of wide rangmg v1ewpoints that can only be developed by mteracting with people outstde one's own social and professiOnal sphere- these thmgs arc not so abstract, not so fungible, and besides, they are bard. \Xork can be a real refuge from the effort of reacnng to reality. Policies are in place to protect you, people are paid to make your life easier, and your role is well defined and often rewardtng. Yay you.

But wtth the Canadian Bar Association \\. ring:tng its hands about the "personal costs" of Bay Street hours, and srupidl}', obviously, belatedly, wondering whether retention rates might be reflecting real dissatisfaction, it is time that we learn to ask more questions about the real world, the one we are supposedly so keen on training ourselves for. Like, does money make Jt okay to ask people to move mountains tn the middle of the night? Is it really respect fo r " rationality" that allows us to allow people to sell so much of their will, and time, and energy? Can we speak of person al and corporate rcsponstbility for creating conditions in which we want to live? Or have these discussions been foreclosed by the power of the stories we tell each other abour the "real world"?

Opportunity knocks.

And sometimes, it advertises.

Outstanding opportunities. Exceptional colleagues.

TORYS NEW YORK

TORONTO

www. torys.com

LLP

BY CHRIS ESSERT

By the Way Cafe

uon in the woN to-lx:st bt, probably**)

E,·en though I get a free meal

400 Bloor \\'e st (kitty-corner from Ye (>Ide Bruns\\icJ... I louse)

Mel's

out

of it, and

1 had the entire break ro do it, for some rcason I couldn't get my :tct together and go t1> a new restaurant that would he suitabk for a rc\ icw in this publication. So, I fit,rurcd that a good substitute for a singk re\icw would be sc,eral miru re\·iews of places around the school-let's sav the area circumscribed by Da\cnporr, Bathurst, College, and AYenue Road-that scn·c hrc•tkfast or, as we here in 'loronro insist on calling it, "brunch ." I will list them in order from my least fa,ouritc ro my most favourite. .

Maggie's College \X' (at Bathurst) Rating: 0 Maggie's is always really, really busy. Ont• tum· I saw Amina Shemzec of nu; fame there, and she's really cool, so if sht• likes it, there's got to be something good about ir.

That said, I don't like it at all .. .

-tl)()

Over Easy 20H Bloor \\'est (beside Pizza llut) Rating: * Some of you out-of-wwncrs might try tlus place because of its proximity tn the school and consequent con\cnience. I stronglr rcc· ommend against this. Except for the fact that you get your own coffcl' pot on your rahlc, and that the home fries are prcrt) good, the place is a write·1>ft:

*

Ranng: \nothcr place that's really popular that I don't like. The waffles (wh1ch arc, tn my estimation, a good gauge of the t]ualitr of breakfast) were f:urh· bad. They have lots of omelettes, though, which some people find appealing.

Can tine 138 \venue (at Da\·tnport)

**

Rating: This place is pricey and only serws on wc~kends, which means that it's g<..'":lrcd fO\\.~trds people who have jobs. That's not us. 1 hat said, the Eggs Benedict was pretty good, hut the Bloody Caesar thar I had was not.

The Bloor Sisters At the corner of Bloor and !lowland/ Borden (my street) there arc rhrcc places th;lt scn·c breakfast, and one futon store, which docs not scn·e breakfast. These places arc all really busy, and all pretty to very good.

Dooney's (511 Bloor \X'est) I'm embarrassed to say, J',e ne\ cr been to, eYcn though my girlfncnd worked there for like two years. I ger too much of a family 'ibe or ~omcthing from it. I don't really know why I've never been. 1\·e heard that it's good though. (Unknown number of surs, since I've ne...-er been, hut basctl on the loca

(440 Bloor West, !bong: ** This was my faYourite place in 'l(mmto after moving back here from Montreal. They h:t\"e \lontrcal Bagels, and you can get your breakfast with smoked meat instead of ~ausage or bacon. The last few timL-s that I went it wasn't the greatest, and the l.!~t rime I left a really small tip, so l'm sort of afraid of going back. But lots of people who know their breakfast still go there all tht• time.

Kilgour's (509 Bloor \\est) Raring: *** Kilgo ur's was my fa\·ouritc place for all of last yL-ar. In fact, tt's still your best bet f()r straightahcad two e~>s and meat and pota toes. 'llJC sausag~s arc particularly good.

Sneaky Dee's -01 College (at Bathurst) Racing: *** "li.mmto landmark ~neaky Dec's is much more that jusr the bc,t pbce to hit at 1:45 a m. (because their last call is atlllalfy at 2:00, and because their kitchen stay~ open until like 3:00). It cleans up rather nicdy to ~crve dcliaous ~lextcan breakfasts hl-.c hucvos rnnchcros, breakfast burrito'>, etc.

Aunties and Uncles 74 Lippincott (nord1 of College) Rating:

*****

:\!}' current faYountc. The kitschy retro decor, the slightly cooler-than thou serve!', the homemade ketchup, the poached pe:~.rs, the dchciow; 'anilla-infused \\-:tfO<..-s: I'm nor surt• what my fa\·ouritc part of this place is.

There's alway~ a lineup after 11:30, but it's totally worth 11. This is what good breakfast is all about.

Further Afield There arc three places that arc so good that they dcscn·e mentions C\cn though they don't fall within our geographical range.

Musa (847 Dundas \\est, at huclid - rating: * * * *) has hornble senicc and Fccondratc potatoes, but the spcaal brcakfa t s11nd · wich, '"ith fried egg, bacon, lettuce, and tomato, is one of the best bre.akfa t uem in J'oronto. Just down the road, tin\ Saving Grace (907 Dundas \\'est raung: * * * * *) has delicious I•rcnch toast, along with delicious e\·er} thing clsr, includ ing corn fritters with mango salsa. It is with out a doubt an up-and-coming gem. ;\nd aU the way downtown, Swan (H92 Qm·en \\'est, at Crawford • rating: * * * * ) IS head .tnd shoulders above the rest of the pack.

Go there as soon as pos~iblc, and get the Benedict with smoked trout, if you know what's good for you.

*

.\11 these places "1.\'ill get you hr<..-akfast for between f1vc and fifteen bucks, depending on what you order. Stop wa.o;ting your mornings m bed and go to th<..~c p\."lces nght 1\"-"ll)"m

DIVERSIONS

20

ULTRA VIRES

FASHIONABLY YOURS

1)', and lortgt.'\ it} tn mmd. 'Jnerc is also the

\lidd·t.-atd factor of pure, unadulterated f.1bu· For those of us cursed with both !united lousncss. Sometimes that on:rpriced plwn budgets ami ceaseless apperitcs for all things purse that matches with absolutely n01hing in fashion, shoppjng is a constant cxcrcl~l' in \our \~~udrobc is so wonderful that you know our heart that you must have it, and so self rt'Straint. When I see those lond y Hems you do. of darling clothes around town, tht.'Y whtspcr You should fed the absolure minimal level to mc-"l'akc me home ... I'll fit rtght 111 ... no \\~1rdrobe is complete wirhoUI a pink faux- of g\lllt for dropping a ludicrous amount of fur bomhc:r jacket and marching hat," they mont.'Y on fabulous jeans. \\'hile jt:ans arc say:-nnd I just amnot help myself: Tht.~c av:ulablc for a wide range of prices, only the clothes aren't purchases-tl1ey're orphans, expensi\ e ones (think Parasuco, Seven, longing to he part of an ourfit. The problem Dit:scl, Juicy Couture) \\ill hide your lmc is rhat my O~AP funding l$ in~ufficient to handle~ and lift and separate your butt cmcr C\·en my monthly shoe budget, let cheeks. Such :1 Jean is like manna from ht.-at·· :tlonc my enrirc clothing and beauty budget. en. You need rhis jean in your wardrobe, so If }OU'rc.gomg to look fabulous, money \\ill fed free to fork over the cash without guilt. han• to be spent-the rrick is r~ know when This isn't to say that all your jeans must be fabulous-it's perfectly acceptable to have a to splurge, when to ~kimp, and when to grab a hold of r<.~llity and admit rhat even rhough few inexpensive p airs for school or other your cotton candy pink shoes don't really venues where a paucity of style is rhc stan1s match with fuchsia, you don't tcchnicallr 11ttd yuo. But a good jean is important, and certainly worth the money when you consider fu chsia boots.

I have dcvi~cd a neat little system for how versatile jeans are and how often you're determining if you\·e spent too much money likclr to \\t.-ar them.

Guilt should not follow from the purchase on some beaut) or fashion accoutn:mcnt: 'fhc ~pt.-ctrum of guilt. 'Ilus rs sun.ilar to the of an cxpensh·c suit, so long as it is well made spectrum of ~tandards of rC\·k'\\' we find in from high-qualil)· materiaL The same rule awnini trati\·e law, except this one makes applies to black dress pants. 'lncsc are items that will sec a lot of u.~e, and a difference in ~cnsc. When decidmg whether or not to pur· chase some item for some amount. you have quality t~ rt.-ally notict.-able to both wearer and to ask yourself: How guilty should I feel observer. llowevcr, I don't care how fancy about thi,. purchase? The greater the guilt, the the \ahc\ i~ - if the !'Uit or pant is hoth polyk-ss the ncec.l to hting that particular Ot1_)han c~tcr .md cxpcn.wc, newsflash: you overpaic.l. \nc.l whi\c we're on the subject of material, h ome w\th you. The system\!'. not ahont cost

in }

a\ onc. (.',,,, \null\\><! ca\l.bnt<:.<\ .,.,:\lh &uch he tors .1s qu.1lir); pr<>fcr:rcJ future usc, n·rs.wh

you houk\ £cd ""')' g\lih'j for P")'\ll)', ~my rnnnc; lit 1// fcn an a,·rl'lic suc;llet; Acrrli,·

feels chl~lp, it looks chl-ap, and it falb apart tn the wash, yet many otherwise-respectable f:1sluon brands usc it ret,'U!arly. Don't be fooled: If it's acr~lic, it's crap.

As a gcner.t!. rule of thumb, ~hoes arc a guilt-free zone, for several reasons. First, cheap shoes will wreak havoc on your feet.

There is the risk of corns, blisters, and mhcr uglies, such that any mone~ vou save on rhe

A bridesmaid dress is like a tax we pay on friendship. I know the bride is probably your friend and all, but the bitch lied when she said that you'd be able to wear the dress again. shoe will be spent on pedicures! The cheap shoe is also likely to be more difficult ro vvalk in, and there's nodung se.x\ about limping.

Second, shoes generally get a lot of usc. This is 'especially true for wardrobe staples, such as the clo~cd-toc stiletto, the knee-high boot, and the suede sneaker. Third, a cheap shoe usuall~· looks cheap--not a good look on anyone. ( )n the other hand, if a shoe is very trendy and/or on\) works with a ft.~· outfits, the chc,tp route may he preferable. Good exam· pit-s of rh•s nrc those hideous .\fanolo

Blahnik·mccts-Tunbcrland sriletto boors that were popular bst year. They're now csscnrial· h un\\Vtrable, so hupng them cheap was a good tdca. (An even better idea? '\.ot having bought them at all.) And if a shoe 1s as excruciatingly painful as it is beautiful, don't buy it.

You will stare longingly at it 111 your closet, but you will never wear lt.

In the realm of beauty and cosmetics, the guilt spccrnun also applies. Splurge on a good foundarion (hint: if you can buy it at \\'al·Mart, it's not good); a good moisturizer and sunscreen (who cares how man·elou.~ your cloches are if you look wrinkly?); and quality hair products (because nothing says "I'm htdeous" quite like bad hair). Do not spend big money on mascara and nail poli~h-this is where Wal-l\1art comes in handy.

As a final rule of thumb, never feel guilty about purchases that are beyond your control, such as a bridesmaid dress. It's sunply not your fault. The bndesmrud dress is like a tax we pay for friendship. I know the bride is probably your friend and all, but the bitch lied when she said that you'd be able to wear the dress agatn. Rcstgn yourself to rhe fact that it will probably be pastel with a neckline that's all wrong for you, indulge in the open bar, and send the dress to the fashion graveyard when it's all over.

The spectrum of guilt is not, of course, a foolproof system--all bets arc off when in the duoes of a breakup, exam madness, and that special rime of yt.".lr when we get our marks l);lck.. which means those fuchsia boots w1ll lind a home with me sometin1c at rlw <·rHI of Januar)~

BY KEN STUEBING For me, d1e coolest ltnn , phenomenon in

2003 was rcalh askmg '\,ell Young whether the Devil wears '\tkes. It happl·ncdl Filin director Bernard Shakey, a.k.a • etl Young, fit:ldcd a few questions following the \\'orld Premiere of l,rmult~lr: 'f'bt J\totir at the doomed Gptown Tht.•atrc on Yongc, du~ing TIFF last September (a formerly romantic month irrevocably rn:ukcd by 2001 C\ ents).

Sec, Satan lh·cs tn the jail in Greendale, JUSt like tn most towns. I had noticed that the cv-cr·dancin' Devil in Greendale, the dccid· cdly well-dressed embodiment of ordinary loc:t!. c\;l, wa~ sporting some bnght-rcJ sneakers wstinctivcly borne of '\tkc assemblage, no doubt in some hornd sla\e camp, as he ~rruts down the dcvil's sidewalk So, post show question~: About four or five lame quesnons in, I ncn·ously bur proudly asked my awesome quesnon, loudly, "Docs the Devil wear '\itkcs?" To which l\1r. Neil Young responded to me, with cddence of a smirk, ")rs. )'f.r, lhf /Jrl'il dors urar l'-:ihs."

Life rocks! .

D'ye like rock music? Is it over? I highly doubt it. i\'ril )all!(!! rock.s, people. ,\uh>ust 19, 2<Xn. was a big, really big post-blackout '\Jeil Young CD Release day. :\.1) apartmt:nt's clccrricity provisionally restored, I br:wed rolling blackouts and returned with his fan · ta~tic/harrowing On Jhr Rrarh (reissued, finallr, after 2<J vt:ars) in one hand and in the other, Crundalt. '\lt:tl & Crazy I lorsc's big time rock opera portrayal of a smaU-town ·1mil · tlu· C n ·ens. It

,,J(

p L•vs

<>u l oH·r 7~

minutes, a whole cycle 1hout reality and love anJ cranky Grandpas and changt.· and tender family \":!lues in times of great pain, and ultimately, about Alaskan caribou. Tht• cycle IS discontinuous n;trrati\e wise, hut Jl.$ a :;ource of rock 'n' roll it spins l·ffortlessly, ten long grooves that, together, rnusf) c\CC} last album-o.ciented·composition fa\·ouring· bonc;in m\' critical rockfan lX>tl\'. ' ' At ht.-arr, l,mndale rs a product of Jeep :-:e1l Young 'introspection, clialkngin..g his own 58-year-old-rockin' ·sclt whether he still has anything new to offer. The story opens on a country porch at dawn, with Grandpa Green musing:

BLAKE, CASSELS& GRA\DOSUP

Before you show us your resume, we thought we'd show you ours.

Jmm like /bat g'!>" .rmging Ibis fon,g, brm tloil{~ itjor a long ti111e.

Is Ibm OlfJihing he knou:s, Jbt~l he 11111 't said?

WWW.BLAKES.COM/ENGLISH/ANNUALREVIEW ~cat huh? \Vhilc none <:if the characters in Crtmdale directly rrpmmls Neil Young's own personal voice, here Grafulpa gives votce to rhe whole point of this !bum: sing somcrhing ne\\: Grandpa quite bt"<tutifully pinpoints Young's ambition to:

BLAKE, CASSELS& GRAYDONLLP joinblakes.com MONTREAL

21

We've got to save Mother Earth! (And Neil Young speaks only in italics)

Smart spending

BY JUUA GUARAGNA

· DIVERSIONS

20 JANUARY 2004

OTTAWA TORONTO

CALGARY VANCOUVER

BARRISTERS & SOLIC ITORS PATENTS AND TRADE-MARK AGENTS

LONDON

BEIJING

Jing a son,p_jorfreedom, .l'i1!~ 11 Jfll{~ji1r '/in<r, Ji11g 11 so11gjor drpm.red tlltgelr, .filllin...v,.fmm ahort.

Nowadays, angels haYc so many sources of depression you'd thmk angelic deprcs· sion was gmn' outta style! ! Iuman follies abound, both in false wars anJ in ruinous plunder of our ecosphere. Crtmdale treats each kind of folly, and throughout, Young takes up Lennon's position that lmc and affection arc the only true answer.

In "Lea\C the Driving," the fourth chap· tcr, Cousin Jed Green rrat,ricallr murders a

Grandpa Arius Green peruses his family history. Photo rollrlnty o/ Bmrin,, Ru/1. alongside Neil's lyrics while he and Crazy all, corporate freighters "dumping crap someU-btre ri,~ht now!' 1n the face of wide·scalc Horse rocked more perfectly than God. ,\ charming performanct.· tn a\\, but the ruin for which we arc a\\ responsth\e, Neil biggest source of amusement that night sings, "~Fr bar•r a mh to <Ia: Jl•t't'f }!pi to Stll't was tlw ,·crirab/e .ro/lcr·c:o;Jsr'·r of ;J plot i llrJ/hr T;"r/b." to\.vn is s tunned . In Crr'I•IJthth', •• \\ ork of 11ild The song~ tone isn'r so much pre; chr as itself. A few songs a ftcr Jccl shot a cop, jtlii(Y, mind, the prcstding 0\'al Office it is pleadiqg, re;lching our to a nc genera· Administration exploits fierce emotions Grandpa's dead of a mcdia· rage-induced· ti n's fresh energy and opurni,m: Be the heart-attack, and we're (romplelf!J unexpectand hyperbolic mcdta contro\·ersy sur· rain ~·ou remember ailing. Don't oh.rrrvt' natkft to follow hi 19 ·ydtr·oiJ ecoedly) rounding one unexpected, shocktng act of \\:onder, be it. 0\ ercoml" anrhropoccn ural acti\;st granddaughter • un Green on her violence in order to completely remodel American civil liberties and reshape a claus· quest to sa' c the t\la~kan wilderncs$ from trio btascs and sec your elf as port of trophobtc culture pf,.41uspicion and fearful mechanical dcstruc 'on. After .all, tht· nature ~cc: other animab as our biological De\il's left Greendale and is hitchhiking his kin and sCl. how we can prorect them \~ith com6lt. lmqginr! The Pre.:;idcnt assures: our lo\·c ~';barr .)'911r loti tg and yoN'// !itt so way thcrt. right now. ' Jo panphrase most cntics' respon e~ to loltg." he sings). Sec what metal machines 8111 tbtrti 1111 IUtd to ll'nrry, thi carcemng, far -crchcJ plot, "\\'TF, arc doing to whole ecosy~tcms in tht.· Thtft'r no re-f-'011 triJ'u.r.r, cil???" Twas no big stretch For me, 0:orrh. St"t: what is truly on the end of your Jus/ ,v,o ON aliiJIII.)ollr u·ork nou; though. Rustics (Neil dre-harJs) have newspaper fork (anJ fe~tl). Stave destrucAnd ltallf the drian' /o 11s, known for years that Neil's heart is in the rion. llclp the Earth grow, be as a ~ourcc of r.<lnd Wt '//he JJ.'t11Cbi11J..YOII, land, 1n nature. It's well after the pold ru~h regeneration and renewal: be the rain! lie the i\ o ma/ltr wbui.)'0/1 dn, by now, and wc\·c gut .\[other "-aturc.. on rain! l"lndyou ca11 doJ 11r pari, ,\ltcrnately, this ong's about gritty buh· the run in the rwenrr~first centur) \nl.l so, [Young's Yoice akcs a shakcy lilt)

By U'tllcNII)', olhtr. too in the epic conclur.ling chapters o the bu111-bub. -dun·duh dun-duh, drw. tkJU' dou• dow drwrdalt cycle, Ndl goes for broke \\'lth tt dou· do11 dou. oo doo doo doo dno n [cnsh crash) as a rock Granopa. back on the porch, well he ain't bombastic attack on big oil, chcm1cal , anll ROCh.I'\ I!J On~r fort) yc. too plea-;ed \..:,hat's happcncr.l to the country corporate greed. 1\nd yep, not only does musictan, '\.cil's been $piralling closer and tn the \\~ke of his family's personal tragedr. • 1 cil Young rock tnumphantly in the elmer to what he rathc~ mystically call, The ,\nd Grandpa's e~pcciallr cantankerous process, he answer~ his original challeng~· Sour c. Basically, Neil plap for the joy of simp! groove. ,\ccon.lingly. it's a bit dubiabout the corporate media's distortion of with a bold new m ·sage: "Be The Rain." ous to read into his words. J·or Neil, lyrics Of all Cmliflak ongs save one, "Be The Jed's indivtaual crime to manufacture broad arc a necessary ct il, \\hat matters i~ whether Rain" touched me most.

You gotta ht.-ar tt support of the government's vtclous someday, and soon In thts inspired, unam· the playing is gcnuin ,\ nd, with (;rmulak, regime. Grandpa blasts: btguous call·tO·arms, cil closes C:mndalf , cil has touched the cart of ~cil Young wfth nine minutes, four chords, a full back- Groove deeper and truer than c\ cr before; And. as 411 a}1trtho11ght: This m11rh to be Jolt/, ing chorus (including his wife and sister, and w 're just lucky enough to be altvc in nice!) and tmific, blazing, melodic lead j.,rW· the free world to sha re in it, too. Life rocks, Jon1e people are takin,g pure bullshil, l11d lurnil{~ it into ,f!,Oid]Ctlh.' tar lines conveyed with commandmg pas· indc .

I opened with rhetorical questions, so I'll sion. Over mnc blissful rock minutes, the Oh yes, Jed Green's split·sccond, tragic lyrics surYey t e rndustrialization of hcut- close with one. D'ye like staggering works blunder ~~ a sort of microcmm for 9/11, land farming and the resulung toxic waste of heart-bustin' beauty? Well then, I'd dumping that makes waterways harmful /o adnse extra dtligencc in seeking out folks, and :\ eil Young utterly, utterly rocks. "\ow, my first exposure to Grtrndak was tht /ou(h, western plains that no longer sup- "Bandit," Gmndalei sole acoustic number. as a two-hour long li\·c operatic cxtrav-agan· port choru~es of birds, depleted fishing A hushed, introspccU\'C piece with a soanng za, complete wtth notoriou~lr amateurish stocks, accelerating deforestation. by <>Yer- btt of affirmation in the chorus: "Jomf d!)' theatre production values. ,\round a rickety loggtng ("thry it got/a grvt it 11 mi." he sagely .)01171Jind ·o·tlnn/!. _you 'rf looking jol' Ooh, I scr, a host of actors danced and muncd notes), polar icc·caps melting and, worst of get chills. '\eil Young rocks. hero Highway Patrolman. lnYestigators searching jed's house find camouflage, guns all o\·cr the wall, phns for buildin~. and more. Jed was a terrorist, anc.l the whole

'

DIVERSIONS

22

ULTRA VIRES

DIVERSIONS

20 JANUARY 2004

C.LARENLE. LVM&Et CTff.1 6-oo.D 10 SEe you I

More Ultra News "ULTRA" CONTINUED FROM BACK PAGE

CDO advice useful, timely Second-year students were grateful once agatn th1s year for rhe calm, sready guidance of the Career Development Office during rhe orherw1•e chaouc intcrvic\\' st·ason. Of particular usc to the students was the Decoding l..a\\' Firms ~eminar where it was revealed w studenb that rl1c key ro a successful intenicw 1s: "Don't Suck."

- Ptltr 1/iml:mg; & ,\fall Pirr«

Ten-minute break devoted to sponsors J\dding fuel to the fiery debate surrounding the place of corporate sponsorship in the classroom, Professor 1,orne Sossin recently introduced the standard ten nunute break halfway through his administrative law class as "a pause for these important messages."

Followmg various announcements extolling the ,·irtues of a household cleaner, a clothing store, and an upcoming motion picture, most students present were in agreement that the messages were decidctlly "unimportant."

- lan Ditmd

Toronto to bid for 2011 Law Games Microwave operation eludes experts Hoping to reap economic rewards, Toronro Mayor David Miller has proudly announced his intention to submit a bid for the 2011 Law Games. The Lausanne-based International La\\.' Games Committee (ILGC) is expected to anoint the 2011 host ciry next summer. "If we could land the Games, revenue at 'Gro unds of ,\ppeal' alone ·would go through the roof!" beamed an excited ~1iller. Toronto's top m ·als for the 20\1 Games are expected to be \)yungchanv,, ~outh Korea, and Saskatoon.

- Ia11 Distnd

23

Swrsky of Mn: .1ddmg that even "psychics, paleontologists and prominent reli gious figures arc all stumped."

The announcement has given increased ancnuon to rhe various alternative theories that have arisen over the last few years.

With rhe recent attention on ,\Iars, the theory gaining the most popularity is that the microwave\ operation is based on an alien language. Other theories contend that it represents a message from God, or that it's a new form of terrorism from ai-Qaeda.

The research team 's lengthy report suggests that the code may be cracked, but only if the power of every super-computer in the northern hemisphere is combined via a special network.

- Todd Clu m rcki

Coffee machine used

A team of theoretical mathematicians, "Shocked" and "confused" were among chaos theorists, and semioncs specialists tht; descnptions offered by baffled students anno unced today that the "human inter- observrng an .Aramark employee extracting face" on the microwave oven in Fla,·elle change from the automatic coffee machtne defie$ any known system o f operation. The in Flavelle House last week, indicating that appliance, located under the coffee station the machine is, indeed, used. " l t was near the north exit, has been the source o f weird," stated one third-year student who frustration for many students-and now, witnessed the e\·ent. "Jhe guy opened the It'!\ the experts who arc frustrated. m achme, and coins -! mean, real, "\X."e havt! applied chaos theory, game Canathan currency-tumbled into his theory, and every other bloody thtorem 1n hand. lt was almost like someone had purexistence," commented team leader 'icoli cha~cd coffee." The Faculty is expected to

conduct furrher investigatio ns 10 determine ex.1ctly m what manner the machme's products were employed, o r possibly consumed.

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Haq puts "male" back in female In a recent arncle criticizing Paul Franciosa and his friends for gathering socially \\1th out girls, U o f I alumnus and former L \ Edito r-in-Chief Salman Haq wro te, "The mark o f a truly mclusive student group is a sincere attempt to reach out to all members o f the Faculty-and in my experience, events organized by groups such as the Women and the Law were always widely promoted as open to all."

Last year's email invitation to the Women and the Law's pub nrgh t \vith the subject h eadmg, "Attention all Female Law Students," is a case in point.

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goods Dear Students,

read uv

It's been quite some time since I last wrote-so much has happened!

A few weeks ago, I had the good fortune to meet a group of former law deans. They've acted so hospitably towards me-it is really , lovely. The other week, they invited me to their "compound," which, as it turns out, also acts as a communal residence for them. We ate delectable dinner and drank some great vino. I felt so at home! A few days later, they asked if I wonted to join their "deanship," and I happily obliged. Apparently. there's some ceremony for my induction next week, which I must say I am indeed looking forward to. Keep working hard, ~~ my appren!}J [~ an (lllJ, tices! 'll m ·efs

REAL LA ~r •••

fj)eatJ vtJil1

Challenge yourself in law.

And in life.

BORDEN LADN E R GERVAIS

Talk to a member of our National Student Recruitment Team.

CALGARY

MONTRbL

OTTAWA

Colin MacDonald 403-232-9523

Janet Casey 514 954 '3125

Walter DiCesare 613-787-3509

TORONTO Laleh Moshin 416-367-613'3

Ultra Vires cr~ss r

BY LISA MINUK d N:rrx.s: 4. poaching I prof~~r ru:mibll(·nt policy at the l ofT Faculty of Law- 9 anallt'akagc I Olcstm's na.~ ~ide

VANCOUVER Marketta Jokinen 604-640-41 76

effect: 10. famine I horsepcrson or the apomlypse; 14. t'rick· et I Lon! Dmning·~ ftr..t 10\-e; I:; can I ought unplics _ _ ; !6. arrogant I pompous, 17 Mr Ed /loquacious WJgulate; 18 irt 131lll0), 20. OCls 1 da}'S or tnlply small talk; 23. h}lJCrbole I exaggeration for the sake or effect; 25 effidC!lC\ I eronorrucs buzzwonl 30 spoonerisms I Ups ci the slung; 32 FontalllC /leadt.'l' of tlll' Awnhll of First

atlons;33

anomrelnom11~34 Rix/Si.Spl'l'Siden~

35. or I disjunctiOn; 36. owonunity <nit I benefit foregone by not using resources in alternate lll:t}'S Down I J..exi.\''iexb I Quicklavls nt~ CMncr; 2. care I bears do thh -.ithout a dutr 3. \lcClung 1 grandmother v.fto is spinning mher gNIIC; 5. Clapham I onmibtt. the reasonable JX'r;on rides: 6. spine \\~rid I \lackcnzlr King·s altematil'e cahine~ ~ Paliare Roland I finn stanL\1 bl' GCMimg; rene gada;, 3. per ruriam I judgment dcln'l'ruJ b} the whole coun; II. !!art/ oft-ridirulcd Jllliilhi\1; 12. TitOIJ"V'Illll fir.;t catholic (C.dn) P}l, 13 anarchy /\\ben rule or1av. collapses; 19. Th!UI\' I One L author; 21. tenUt.ile I unccrta1n; 22 juris I _ _ doctor; 24 berate I ch:ISiisl>~ 26. fm"Oloos I unfit hUlll3ll righrs dalm; 21 B:Iker I admin law ake maker; 28 Fish I ~-est Supreme r.oon JUSl!Ce; 29 obiter dicta I non-pn.mlent setting words-, 30 stem I hllll101l!lcS>, 31. shon 1small at StaJbuclis

..

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ULTRA VIRES

DIVERSIONS

24

Ultra News: Not-So-Real News From Around the Law School Klerkegaardian method replaces Socratic in first-year classes

:J

New law course calendar going like hotcakes

In an effort to modernize teaching and fur ther entrench l of T's rt•puradon as the nauon's leading hw schooL htculrv Council rt·ccntl) \"'ted to replace the anuquated ''Socrauc method" with the more amntgardt ''Kterkegaanhan method."

1orrs professor Arthur Ripstctn, who spearheaded rhe charge for change, explains that under the new system, ''student~ \viii be encouraged to make a person· al, passionate comrrurmcnr ro haYe faith in rhc ~ubjecri,·e truth and integrity of the law-en·n when that hclief is absurd. This is :1 vast tmpro\'cment m·er the old system where I had to spend hours of rime trying to ront711t't e,·cryone to belie,·e that rorr law made s(·nscl Even J got sick of talking about .Hue/A" • "'lc> pur the point in a slightly different wa)~" Ripstein added, "imagine that some· body rhrows a rabid gerbil through your window wh1lc you are caring three-day-old cheese and \\'arching Tht Guldm Girls on rclt'\ision. If the gerbil starts to rap dance, it's dilftrtnl from if it tries to slaughter 1t~ firstborn and IS overcome with fear and Legions of students ha,·e returned to the trembling. You . ee?" . hallowed halls of the U of T Faculty of Students are reluctant to comment until Law after havmg ~pent the last semester on learning more about whether this change exchanges in cxouc countnes. Experiences wi\\ mean fewer readings. abroad seem to have rejuvenated returning - I isa .\linuk

Seven-exchange army

with delight following these comments. She noted that they reflect a vastly improved :uurudt• from tht· students towards the law school lind life: 10 general.

- Rot1a11 l..ny

Kirkpatrick: "Can't a guy change his mind?"

U of T I.~w \\Ill venture o nto the small screen this yL-ar with the prcnuere of its own version of Tbe Barhtlur. E ager bachelorettes will vic for the attention of the lucky hunk over a number o f episodes. 'lbe final episode will feature a surprising rw1st '"hen the bachelo r will marrv Scott h.1rkpatrick. .

Peltr I-Jawki11gs c~ Matt Pierce

PLEASE SEE "MORE" ON PAGE 22

Briefly Noted Photo courtesy ofEmily Mak. students. Benedict (III), who spem the pre\'ious term in Australia, perhaps spoke fo r all when he ch1rped, "I hate my life. I hate Ia\\ ~chool!!l \\' hy Lord!? \\'h\ have you fo rsaken me and led me back here!'' He further co mmented, " l\0000!!!! I do n't wanna go back! Please!!?? Somebodv!??"

Assistant Dean Lois Chiang was be~g

Bndge \\eck speaker mauled U\ sqlllrrel5

Clement !Jmbasts Sossm tor flip t1op on svl1lbus 1 sue

Student get first B ever, feels "munb"