Ultra Vires Vol 5 Issue 5 2004 Feb

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

ultra vires FEBRUARY 10, 2004

VOLUME 5 ISSUE 5

SINCE 1.999

wwW.ULTRAVI RES . C~

Ex-premier gets nude Nelson pies Radical Lawyer likely not an actual law or MBA student

BY SIMREN DESAI

Law Follies: Its "electrifyin '!"

On Jan. 29, in an apparent attempt to make a point to Bay Street elites, someone impersonated Goodmans LLP arricling student Jill 'lelson (U of T 2003) and sent former-premier 1\.fike Harris, now a partner at the firm, nude pictures of Nelson from her pictorial in J>ft:ybqjs 2002 "Girls of Canada" u;sue. The emru.l was blind copied to lawyers at several Bay Street flrms, some of Goodmans' clients, a varicry of U ofT Law and Osgoode Hall graduates, and to some student organiz· ers currcntlv at U of T and Osgoode.

Many h;ve attributed the email, whtch also features a link to Ultra Vires' story last month on the controversial online forum Law Buzz, to Radical Lawyer, a vocal, colourful, and at times n.llgar, pmter on the board. UV put these allegatiom to the Radical himself, who agreed once again to he interviewed on condition of anonymiry.

When asked about the email sent to llarris, Radical responded, "A~ much as the Ra<lica\ name and phcnomenpn ~l ~a bet~ attnbuted to the so·callcd alleged

notonous email ...

InC

and/or anr RadJC:al

has ahsolurc:ly nothing to do with it ... such acrh·ities do not in any way shape or form assist the Radical's social justice and public interest agendas."

In a surprising de,·elopment, U\' has discovered that despite posing in his innumerable online postings as aJD/~ffiA at the U of T, the individual known as the Radical may nor be registered at either the Faculty of Law or rhe Faculty of ,\Ianagement. A faculty member at the law school, who also knows the presumed Radical's idcntiry, has confirmed with the Records Office that this individual is not al}d has never been at the law school. Further, the mdiv:tdual's name is not found in the Student Directory at the law school or the webmail clirectory at Rotman. UV has also discovered that this individual has previously been charged by the police for sending threats of violence and death to women by email The Radical vehemendy denies any suggestion that he is not attending the U of and maintains that the Radicals are in fact a group consisting o f three JDs (mcluding one at Osgoode Hall), one fourth-yearJD /~ffiA, and himself. Radical described himself as

1:

PLEASE SEE MRADICAL" ON PAGE 6

Law Follies, the Faculty's annual song and dance revue, took place Feb. 6 at Tranzac Club. This year students spoofed the musical "Grease", performing to a sold out crowd. Photo roHrll!J of Simrm Desai.

UofT celebrates reaching $1-billion fundraising milestone Birgeneau still "very worried" about funding implications of tuition-freeze

BY DAVID KHAN

Present for the announcement was U of T President Robert Birgeneau, Rotman Dean Roger Martin, and campaign chair _ and Chief Executive Officer of B:"\fO Financial Group, Tony Comper. Lee·Chin addressed the conference via video·communication from Calgary.

Birgeneau pointed out this milestone was reached one year ahead of schedule (although ironically the fund had previously reached $!-Billion but had de'~<-alued due to hea,·y Investment losses in the stock

On Jan. 29, the University of Toronto held a news conference announcing that the fundratsing campaign had successfully reached the $1 -Billion mark. The donation that put it over the top was a $10·million contribution from 1\fichael Lee-Chin, Chairman and CEO of investment company AIC Limited. His commitment is tied to the creation of the \IC Institute for Leadership at the Rotman School of Management, as well as a chau to be held by the dean of the Rotman School.

PLEASE SEE MLEE·CHIN" ON PAGE 7

UVINDEX • MORRIS ASH, P3 • HOROSCOPES, PU • GOlDEN OlDIES, P12 • TORTURE, P14, 16 • BEUNDA, P15 • BOB DYlAN, P19 • NEWS FROM THE DEAN, P22

ULTRA VIRES

NEWS

2

NEWS

10 FEBRUARY 2004

FROM PILUAR TO POST

Justice Fish offers rare glimpse into Supreme Court

Secrecy compromises student-faculty relationships

Newest high court justice visits law school as Goodman fellow

BY BEN PERRIN

BY ANDREW PllllAR

that :t "flat" orgamzational structure could prc\-ail. Accordingl), student shoulJ fed During the la~t week of J.muary, that the) can make .111 appointment "11h mcmher~ of the: Sl 'I I acuity nwmhers of the adnunistration to discuss Counctl ~at down '' 1th member~ concerns. This includes memht·rs of stuof the administradon for lunch and a dl·nt gm·crnmt·nt. In the ahscncl.' of a chance to di cuss student concuns. On the tClJUCSt for a meeting based on the pnonrics menu \\ere communiattion issues, acn·ss to letter, the :~dministration did not pursue a marks, the stat\tS of an ncccs:.tbiltty corrunit- met·ting. SU.; Prcsrdl.'llt Robrn lUx \\cl· tCt\ and other ucrm found in the~~-' prior- comrd the opportunity to continue <.ltaloguc \\il11 rhe tk-an and other mt'ffibers of tht• mes letter for tht~ year. \\1hi1e both the studems and administra- administration, hut indicated th,lt he '"had tors fow11.l the meeting rel;tiJ\·ely positive, a lwpt·d that H·nding the priorities letter J,uk doud lies behind thi~ sihu lining. This would ha\·1.' resulted in an earlier meeting." \\"aS the first forma l, face-to-face discussion Rix anticipates that getting into the habit of !JetWC(~l multiple members of the Sf-'~ anJ ludng mt:ctings wtll formalize the existing thl' ndmi111strarion about rhe prionues doc- open door policy and ensure regular comunwnt, which '~as on.v:mally circulated four munication. months ;tgo. The SI-'-1 cre-ated a priorities letOf course, there arc bigger issues at stake ter this year to set an agenda for acnon, and here. These include Jcrcrmining where stuto prm·idt• proposals against which action dents sta nd in tl1e gO\·ernance of the law (or inaction) could be measured ar the end school, and the task of rebuilding trust of tht• yt-ar. The letter was senr ro all mem between studenrs and the admirustration. bers of the faculty ;md administration, was E,·ents from rhe past several year.; ha,·e published in 1/radno/u, and formed rhe basis compromised this sense of trust, and prob of a town hall meeting at rhc end of ably continue to haunt the relationship, even ~eprcmbcr. though the person ocrup);ng the dean's In response to questions about why a chair changed this year. Simmering tension meeting hadn't taken pL1ce earlier, ,\cting betwem srudem~ and the administration is Dean Bn,l!l Langille explained that the law one of those collegiate cliches that dies school has tnditionally been small enough hard.

b this tmsion a common thing? I smt some questions to different law schoob across the cmmtr) to find out. The president of \\'t·stcrn's l.t·gal Society, Shawn Puher, char.lcterizt·~ the relationship hetwct·n the administration and students there :ts ''exceptional." Puh-er personally meeb with the Jean weekly. The president of the Law Students' Society at the L:ni,·er~uy of ~ew Brunswick indicates that students ha,·e ''a gre:tt relationship \\1th the admmistration.'' Students at the L:mvcrsity of Bntish Columbia Law School enjoy a ''11\-cly, yet healthy debate" about policies. and define thetr relationship with the administration as the "opposite" of ad\ ersarial. Sntdent le:1ders at the University of Calgary go to the dean's house for dinner twice a year, and Law Students' 1\ssociation President f I ugh \X'illts notes thar "[they) can address dtfficult issues without fear of affecting [thej atmosphere withm the

school.'' lhcn at Osgoodc, the relatlOnship is dt·scribeJ a~ "very positive." \'\1hat hes beneath the~c rosy pronouncements? In reality, studt•nt groups enjoy Y:trytng degn:es of consultation ,-is-a·\;s adminIstration dccisums. ,\t UBC, Calgary, and \\'estern, sntd~nts ha,·c input into hiring of profc~sors and Ill'\\ de.ms. htrthcr, at UBC, the Faculty Council Student Caucus makes non-hmdmg rt·commendattons on how tuiuon reH'Illle should he spent. At Ul\:B, students arc imoh-ed 111 all decisions regard mg budgeting and tuition b·els. Wlule the administration "[doesn't) ai\\~Jys listen," noted one U~B respondent. "it is rare that a decision is made \\here rhc student opinion is not solicited." Meanwhile, at Osgoode students meet wtth the dean weekly, and members of the Student Caucus recet\T informanon about the school's budget, pro-

PLEASE SEE "OSGOODE" ON PAGE 7

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•

com mun1t NOTICE

On Jan. 29, the newest member of the Supreme Court of Canada took a moment of pause from his dunes on the bench to share a day with students and professors at our law school. ,\fr. Justice Morris J. Fish pro\'ided a rare glunpse into the inner workings of the Court with warmth, charm, and a promise ro return again to the campus.

"The law school is honoured to have such a distinguished member of the Supreme Court of Canada and eminent scholar vtsit the law school," said Acting Dean Brian Langille.

Langille commenred that the law school kept Justice Fish extremely busy on his visit as part of the annual Goodman Lecture · series. The day's events mcluded a luncheon attended by students and professors, a guest lecture in a crim.tnal law class, an evening lecture in the Bennett Lecture Hall on the right to counsel in Canadian legal history, and a reception.

Justice Fish spoke candidly about his decision to accept an appointment to the Quebec Court of Appeal and, ultimately, the Supreme Court of Canada on Aug. 5, 2003. He also openly discussed his supportive family and the role they played in his decision to leave a successful private criminal defence practice.

"I lad I remained in practice, I'm sure I

would have enjoyed it, but I would have deprived myself of a different pleasure and way of life," said Justice Fish. "As a Judge, you get up everyday and say: 'AU I have to do is what I think is right' There arc not many jobs out there where you can say that."

Sn1dents questioned Justice Fish about hts oprn1ons on issues ranging from the manner in which judicial appointments are made tn Canada, to the composition of the Court and the impact his personal background may have on his decision-making.

Where he could not comment, Justice Fish asked students for their opinions, keeping his thoughts to himself.

"Evt.'ll a fish would get into trouble if he didn't keep his mouth shut," said Justice Fish wryly in response to a question about Parliamentary review of judicial appointments.

I Iowcver, Justice f'ish spoke more openly about the complex and nuanced manner in which decisions are made in Canada's h1ghest courts. As the most recent judge to jorn the 5uprcme Court, Justice Fish leads off in the Judicial conferences which follow oral submissions by counsel. He spoke about the internal workings of the court in deciding whether he agrees with a majority judgement, authors a concurring opinion, or makes a spirited dissent.

Relating more directly to students, Justice hsh spoke about how legal education has

The Honourable Mr. Justice M orris Fish addresses the audience in BLH on Jan. 29, one of many·activities in his role as Goodman fellow . Photo rourlt!J James \ftC!aa·· changed over the decades. When he attend- Unh·ersity. ed \lcGiU University in the earlr 1960s, Justice Fish left the law school with the there were no legal-aJ.d clinics where stu- promise that he would accept an offer to dents could ,.,.·ork, no legal textbooks, and return. I lc joins the ranks of past Goodman few full-time professors. Justice Fish's repu- lecturers, including ~tinistcr of Foreign tation for being well-liked by his law clerks Affairs Bill Graham (2003) and Chief no doubt also stems &om his past teaching Justice Bevedy McLachlin (2002). A wcbca!'.t experience at l'Univcrsite de :1\.1ontrea\, o£ )ustice Fish"s \ectw::c will be a'·ailab\e on University

of

Ottawa,

and

~'\c.Gi\\

the hw "c.hoo\'t; wehsi.tc t'-hm:t\y.

BOARD

Cuts for Cancer

II ho: All l of f :;tudents. lf'h 1/; l: of l Cuts for Cancer is a chant) fundnuscr and a\\ .1rcncss campaign for med1d hau: loss and th~ Camdtan Cancc:r soettt\ Helpb} donaung haJ.r (c.ut h) pm-

Lang M ichener LLr Lawyers - Patent &.. Trade Mark Agents

''Law school really helped me prepare for the rig ours of ·collating."

styhsts), shaving )rn1r head, making a pkd~e. or' olumeenng. o'\\ihat\ the dc..-al \\lth the hair? The hau wtll he shipped to 1 ocks of Love W\1.\\ lock oflm:e.org) and \\'"tgs for Kids (w\\.'\1. "tgsforklds org), non profit orgamza non~ that collect hrur dotutlons and rnanufacturc '\\igs for children in need. The '\\1gs are used for d uldrcn wh o suffer from long term medtc 11h .ur loss, parn cularl) those \\1th the autounmune d tsease \lop eo a aruta, for w luch there Is no kno\\ n cause or cure. \bout ten pon} mtls arc used to make one \\ tg, w htch has a market value of $ ~000 (l "S). l be p rostheses help to restore self. esteem and wnfidcncc, cnabltng chil dren to fac~ tht.: \\OJ id .md thor peers. Chcr the past t\\ll )cars, the Q ueen's e\ cnt has r.nsed (l\ er $15,000 m monet.1n' donauon~ .md S2U,(l00 worth of hatr \\ ith C>\ er 180 students, faculry, and communtt} memhcrs partlcipating. Le t's trv to beat tlu-;' U I rt. Vt~H www.rorontomcds.com/cuts for onhne SI).,'Tl up & rnorc mformation.

Contact cutsiorcancer{f! softhomc net to show )OUt support.

U !Jm: March 9th, 2004.

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Got an nnOlUKt.mcnt? StuJmt ~rr..:JfJs. dub.t tmd Of&lm~llon: art u kome to umro11nre ro11(rr mer" mrnurr, brnr/zts. and otlrr evmts tm of rh:trf.r. Pfwl .rend dttuils oj tb tt:i 111 (u:hat, u.IJtn 17 td rr) to ultra., trc:s~ uroromo.ca. Pk1.: limtl tJ11110111ltmJcii/J to 7S nrm!.J 111 lm(',th. l ltra \ ICC) rctmors lllf n~/.1 to tkdmt p11blisbm~ •IIJIIOJI/Jtcmmtr.

0

0

0

Strongly Agree

Tales of an Urban Indian lr'ho: All l! of "1 tudents.

II':J.vt: 'I he ntM: Student~ 1\ssoaauon, the A. ociation of Part J'itm· lndergraduate Student::;, md Nam·c Larth Performing \rts present "'"!ales of .m l rban lndtan," wnucn and ~tarring Darrell Denms and dtrectcd h, Herbte Barne!'.

I~ bm: '11mrsday, I cb. 12. 2004 (a 2:00 pm f nd<t\, Joeb. 1), 2004 (a 7:00 pm \X1tcn:· N,\11\ c Canadun Centre, 16 Spadma Road, 'I oronto (north of Bloor Street) l•or more mfnmuuon please call the AssoCiation of Part Tune l ndcrgraduatc 5tudtnts at 416 9"'8 19()3 The pcrfonnanccs an: free!

I [cart breaking and hil..mr>us, tlu~ one man .,how follows a \Oung a tl\e man from the rl'Z to the \U) mean streets of the dc)\\ntcmn cast~1de of \an~.;omer to l foUr'" ood to self respect. Darrell )enms 1s :t l of 'I' sntdcnt and 1~ a fonner ust member of the popular CBC tciC\1StOn sencs The Rc1.

0

0 Strongly Disagree

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

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LAWYERS

NEWS

10 FEBRUARY 2004

5

Governing Council candidate weighs in on the is.sues Navine Aggarwal lone Law candidate in five-person race ture. 1 don't tlunk [then Provost Shtrley includes [the students) as a primary Xatitu .AJ!.garo.'tll OD/AtBA I) is thr onfy stmlmt group that will add value. It's nor that they fro!IJ tht' Faculty of I AU rotmin,g in tbt:r .rpring'.r didn't take their points of \'lew mro consideration, but it doesn't seem like students are Col'tmit{~ Cmmril (G(.) rlrrtion.r. 1/r is rolllmdti(e_ )or onr of tu-o seals m 1111dcrgradtlillr ronslituouy intended to be im·olved in the continuing 1111111hrr lll'o (Mrdirinr, Lau; Et(l',limn·,{~· OJJT3. process.

UV: How can students spcctfically and P/}(1T7!hl(J). GC is J/J( { r,u·rrrsi(i''.r bighr.rt botfy a11d must approtr of all tlllgor poiJi-y dtri.rion.r, become more involved in the conltnumg inrluding """"altuilion lukt.r, madt i!}•jamltirs. Xo process?

Navine: I think that there should be more /au• student hu.r stm:d tJS a go;,.,or ~epmmling thr I.au· Fut11I!J nitrt 2002/2003, »fxn Josh Patmon student representation on various [GC] regu(lli) ltll 011 thr CounriL (:\'atinr'.t brothtr, J,,rhm hr and spectal committees.

UV: \\ny should we elect a law represen00/MRA ll j. u~u rltded to a J!lildlltJir Ira/ tative, as opposed to allowmg someone from through the Fat111!J of MtJII•l.f,tmtlll in engmeering, medicine, pharmacy, or OISF to 2003/2004). UV roJtg/>1 11p »ilh Xm;nr to find be elected? out his stand on a rurirty of irsut.t lltrt tJre .ro11u Navine: Our Qaw students') legal training t.wrrptsfrom our romrrsalio11: UV: \'Vnat should be GC's priorities on a gtves us a policy mentality and an ability to look at thin!,rs objectively. We haven't had a university wide basis?

Navine: I want to look at things like rep on GC in a number of years now ... One accessibility ro education... I'm particularly of the pnorities of the GC will be to re,iew interested in mfrastructure, and I think that and approve unprovements to the law facility student housing is a big issue. We don't need so now, more than any other, is a critical rirr)e to expand the University, but the buildings for law students to have representation.

UV: Do you think that you are in a posiarc getting old.

UV: Do you find anything problematic tion to contribute meaningfully at GC, gh en about the University's recently released six- that you are only in your first year at law school? vear planning document, Sttpping Up? Navine: The understanding that I get i~ Navine: It seemed to be very administrauon focused; talking about things from an that a lot of the lobbying is done outside of administration point of dew. It doesn't talk the meeting room. Right now I'm in the first much about the implementation process and year of a four-year program, so I'll have the how students are going to fit in the big pic- advantage of de,·eloping relanonships that I

BY SIMREN DESAI

~euman]

can use to further student interests if I am re-elected over the next several years.

UV: What is your posi tion on tultion deregulation and the provmcial Liberals' recent tuition freeze?

Navine: I think in the short term generallr, students would apprt.'CL.'Ite a tuition freeze, but gtven the improvement:; that are outlined in the IF/;ilt Paper, it doesn't seem feasible that there can be a freeze on the University's income. The main issue right now, with high tuition lt:vcls, is that there is just not enough financial aid to account for the cost of livmg.

UV: Do you think there is value in mcreasmg tuition fees?

Navine: Any student would choose an enhanced quality of education, but people want value for their money ... I don't think there is enough transparency in terms of where the money is going ·to go. 'Inc U''bit~ HFJ>rr i~ very broad right now. It doesn't lay out figures . . . Generally, tuition fees are already high . . . Contingent on how (students) feel ... I would say keep tuition at the same levels.

UV: If tuition fees are to be kept frozen, surely we will have to sacrifice some aspects

of the Lruversuy's \ision.

Navine: You always have to make sacrifices.

UV: Given the pnorities outlined in "Stepping- Up", like attracting world -class researchers, attracting better teachers, upgradtng facilities, increased recruiting of international students, improved housmg, increased diversity, and increased acce.<;sibilit:y, which would you choose to cut first in order to preserve a tuttion freeze?

Navine: "Jot havmg serYed on GC,l can't say I am farru.IJar yet ,.,ith the particulars of the various issues. Arbitrarily choosing something [to cutj would not be fair at this point.

UV: Did you find the last accessibility

PLEASE SEE WNO" ON PAGE 6

*

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ULTRA VIRES

6

NEWS

10 FEBRUARY 2004

Radical denies involvement

Lee-Chin gift solves little

"EX·PREMIER" CONTINUED FROM PAGE 1

"UOFr CONTINUED FROM PAGE1

mg sc.xi 1 language and mnucndo. poster on l.a\\ Buzz lashed our at h1m, stllt "half umc JD. and part-time course b) mg. "(t]f the best you can do is come up \\1th course MBA, \\,th also undergrad from sexist insults and )OUr classtc retort th.ll pco [engmccnng[ from l of T Oass of 99" l ie p ic arc jealous of )OU and hostile-sa\c u'l \\'3 Wl\\ illmg and unable to prm1dc any \\'c\ e heard )t before ;lnd It gets old. ( ;ct 11 proof to substantLue his clam1s. ":-:owl ou'rc hfe. I hope you get caught and Goodmans askmg me to dt\"Ulge excess!\ dy pl"rSonal c.xp oses ) ou! Good luck gcrung a joh!l'' informanon.'' he satd ih rcponsc to a request.

But the Radical Ln,, ycr is nor parucularWhen U\' returned to the tmatl issut', the 1) concerned \\ ith ci rher rhl• cnrcer o r legnl Radrcal once again denied resp o nsibilit}. but 1mplica uons for tht· pc rpcrrawr whose volunteered rhat "[t)he Radicals ha\ c been acoons ha,·e been artnuured to him and his critical about a lot o f issues such as purported coUCll!,'llCS. Hts interest.~ "lie in Coodmans LLP's cultural demographics cr~minal Ia\\~ constHuoon:JI/Charrer litigaand hinng practices." J le p roceeded to crir- tion, ern! liberocs, and o ther social justice icve Hllrns for running a govcrrunent rhar and public interest law arL-as, so fhej could " rerronzed thl· poor and the genuinely care less." Further, he no ted that, "a case fo r needy, such as by (sic) banishing wcl£1rc and en:n mischief is utter!) weak from what we M ember s o f the G e ntlemen's Quarter with Toronto men's clothing mogul Harry o thl'f mrul s ub~idy monetary funding to know that is available 111 the public d omain."

Rosen a t a club event o n J anuary 22. Photo courte.ry of Sl!lmn Otsai.

On Jan. 30, the \uh011al Post reported the those convicted of social assistance fraud launching assaults (sic) on cid.l liberties by email inciden t on page A3. In the article, stlcncing rhc pm·errr activists in a democra- 'Jelson is quoted as saying rhat the emailer tic society . . . and of course the infamous "is a student who is harassing me on the OPP Ipp.erwJsh ~hooting death of native Inrernet." I larris' assistant, wh o did not pronde her name, stated, " I can co nfirm we ac ri~isr Dudley George."

"GOVERNING" CONTINUED FROM PAGE 5 UV: Do you think the Faculty of J.aw has The Radical also asserted by email rhat did rcccl\·c an email matching the descrip m oved effectively to increase the diversity of "we have al\1."3\"S main tained that Ms. elson cion you g-J,·e bu t I have nor opened any o f study convincing? D o you think rhat a new the student body at the law school since the was en titled r~ exceptional privileges while the attachments .. . ,\fr. Harris has no t seen one L~ necessary? release of its five· year plan in 2001? her stay at the la\v school (sic), bur to resorr it. He does no t know this person."

Navine: While I have not read the last Navine: I'm not familiar with the particuIn a Nnfion,JI Post inren-iew last year, to displa}ing her assets (no pun intended!, study, accesstbility is a prerry high priority for lars of the Faculty's diversity initiatives, but I at a public forum sen·es no purpose in "-elson said, "I \dsh I could decide who me . . . Program s like OSAP have not think that my role as a governor will be at a addressing che elirc manifestation adhering gets to sec the pictures and who d oesn't." increased their ma.ximum limit since 93/94; more macro level. to (sic) BJI Street ries o f the law school."

The Radical remarked th at this is wish ful that's one thing they need to reconsider . . .

Tht University's polity paptr can b( acmud at The Radical J.a\\Jer, howC\-er, is not rhi.nkmg, since "quite frankly th e Pk?>·bqy picPeople 111 Toron to get the same funding hllp:/ / UJU."Il;jlrOI'ost.utorontfl.(a/11mjiks/ HIML/ a\ways comis tent m e.xpressing his views. He tures a rc eastly a ttainable \-ia peer -to-p eer [from OSAP] as students from Waterloo, IllS. 6 .2550_1.htmla11d Natine can be contaded at has \)ecn knov.·n to make postings contain- ftlc sharing po rtals such as K azaa." despite the difference in living expenses.

No shortage of election issues

11mw' ·t{~aro i/ta),Jtt{Jrontn. ca.

markers in recent vears). He outlined the benefits the fund has already created for the Upi\·ersity, mcluding 160 new endowed chairs and 80 joint chairs with affiliated teaching hospitals, and the largest capital expansion program in 40 rears, mcluding ten new residen ces. Srgmficantly, he claimed that the u of r is the first Canadian university to guarantee financial accessrbihry to all qualified students, with the endowment of SSOO-million for student aid.

Lee-Chtn described himself as "inordinately blessed," and said he was "happy to gh e hack to rhe people kss blessed," and "Canadian society." lie stated that "Canada has created a wonderful environ ment in which to build a busint•ss," includtng a "strong legal framework." l ie also said he ts proud to live tn "a country [that is[ compassionate for rho~e less fortu nate."

Dt·an :\lartin called the Leadership Institute and the study of modern management theory "critical to Canada's cconom ic prosperity," and cited the "ten percent prosperity gap" between Canada and the U.S. Lee-Chin enthused that "businessmen arc the true leaders of our ~ociery" due to their concern with cost-cutting and ~av­ ings, and said soetal responsibihty IS "most important to [these leaders inJ find[ingJ solutions to the ails of society." lie

UV Briefs

d escribed the· goal of the Leadership Insrirure as the incorporation of corporateresponsibility notions mro business theory and practice.

According ro Birgeneau, "[GJ reat uniYcrsities attract and retain sn1dems from tlivcrsc backgrounds," and "attract professors who challenge their peers and their students." The U of T is meeting these challenges in its "ambition to rank among the world's best," he added. Birgcneau also announced that the fundraising campatgn's next goal is to raise another S1-Bilbon in the upcoming decade. He stressed se\·cml time~. howeYer, that this fundra1sing campaign is not a replacement for public fundmg. The U ofT is a "public uninr~ity, first and foremost," and although "PPPs [public-private partnerships, like this campaign[ arc essential. .. we require the ongoing suppore of the government."

Ultra f 'ins asketl President Btrgeneau fo~ his thoughts on the Unm:rsity's fund ing situation in light · of irs "constant need" for more funds, professional faculties' dependence on steeply rising tuition, and the Liberal government's prm-incial campaign promise to freeze post-secondary tuition. He replied that he \\as "very worried." I le \Vent on to say that "[sJtudcnts [who lobbied for the tuition freczej agreed to the freeze so long as it didn't penalize them o r the qualuy of thctr education."

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Client counselling champs advance to regionals I•Itst year students \ gape Ltm and Jennifer King\\111 represen t the law school at tht· upco mmg regto nal round of the Amcncan Bar Asso ciauon Chent Counselling Competinon.

Lun and King \\On the in school round hosted by Borden l .adncr Gen '3ts LLP on J an. 23. hmrteen students competed in the c\ cnt, which simulated a consulrollon bct\\ ecn a chent and hts or her law}t'r.

'J Ius year's theme t" musancc Ia\\ and dis p ute5 bct\, cen neighbours.

The regional round IS being hosted b) the J.aculty of I .aw at Queen's Univcrsm 111 h..in&rston, and wtll in' oh c teams from <)ntaho and several U.~. s tates. If Lun and 1-...ing arc succc~s ful, they could .•dvaucc to the .:--.'orth J\ men can round tn ~t.

Petersburg, florida, or n :pre, en t ( anada at the intern.ttional round in ( ,Jasgow, ~corland 111 .March ~13m Pmi11

po srble through a donanon from Fa.~ken Marnneau.

Noted John Norquay (II), DLS exec fo r the 20m 04 academic }Car, "1 he move was more chao tic tho~n one ought expect smce tt happened whtlc renm .1 uo ns at the new buliding were betng fin tsh ed up. There \\ as some grumpiness amo ng e\ cryonc in\·olved, but thiO!,>s arc starting to ~cttle down.''

Reno\ auons arc expected to be com plete by mtd hbru3r), just tn tllnt:. for the dime to make another ~tcp forward \\hen a full-tune recep tionist \\111 be hired.

- lkmmu Bull

Provost Shirley Neuman steps down

Pm\ost ::,hirlc) ;-\cmnan, the Umvcr.;it)'s chtcf acadenuc officer, has annow1ccd her re~ti,>ttatlon, cinng "compelling personal reasons." ~ ewnan had been in charge of consulrarions with the unous dt:part rnents Jnd faculucs conccrrung the new acadcnuc p lan. JtfjJpinf, l rp.

N ewn.m was criucizc-d br manv stu dents tmokcd m the consultanpns, mclud mg some from the bculty of l.Jm, for btmg unresponsl\ c and condescending.

On Jan. 29, ten first-)car candidates ran {Sec article in Jan. 2003 ISsue of C'/tm Vim, for postnof'c; on the execunve board of "Met:1111~ \\ 1th Pro•ost 'explananon, not DI....'i F.lectcd wcre Ian Andres, ( >dctfc consultanon"' www. ultranres.ca/ JanO":\ I llenr~. and Oann) Kastner. ·Three sc.:c nC\\'S_prO\ost.htm and NO\ 2001 aruc\e, ond )' C::U student ;\hx lkrg, Maggtc ·~1:'.\i ace~: ,sthili.t) :.tuJy to rcl~ on arne larnngtotl, aod J.ngrtd Grant-\\cre methodology" W\\'\v.ult:nnires.ca/ncJ\0";/ .1cclaimed 111 the decnon. \ long wtth nc\\S study.hrml.) "l11erc ha\"C Jho been othu !;tuJems who \\ ill be hued m \ate reports of fricuon bet\\ ccn Prcsidt: nr l·ebruan, txecumc mcmhcn; "-lll \.\o ork Uuv,cn~:au and PrO\ ost ~cun1an. during the summc.r months as DLS LL'le \ ' 1\ ck Gocl Deputy Prm ost, Will S<.:f' c \\Orkcrs. :1s acnng prO\ost uno\ the reb 11 meeting Bet\vccn jan. 28 Jnd 10, Dl~ al o of GO\ errung Cow1ctl, where the prest mO\cd mto Hs nC\\ offices Jt 655 ~p•1dina dt:m \nll nuke a recommendanon for .1 A\tnuc Rcno\Jtion:. of rhe three floor new pro\ ost. hou e on rhc L of T campu.c; were made -Do id Khm

New exec and digs for Downtown l egal Services

Osgoode students get budget access "SECRECr CONTINUED FROM PAGE2

records of the law school. While no one doubts the dean's sincerity and the adminisvidcd that such information remains confi tration's efforts, it would be nice to have dcnrial. In contrast, students and faculty some tangible proof of their clalms-at least here at the U of T have no access to the for rhc sake of discussJOn and rehabilitation school's financial records. of rhe relationship.

Concerns about inadequate communicaRegular meetings between students and tion here within the law school are aggravat- the administration arc a good place to ~tart. ed by different characterizanons of the role But these must serve only as means to the students should play. Speaking about the end of building trust based on openness and school's finanoal records, Acting Dean free-flowing deba[e. A clear justification of I..angille notes that the school is under severe the administration's posioon on rhe financial financial pressure at present, due to provtn · records, or the release of information on cial caps on tuition increllses. Accordingly, moves to set clear dares for the posting of cutbacks and cost-savings strarewes have marks would help to build this trust. been imposed on rhc faculty, large!} through Henry Kissinger once commented that unprud leaves. The dean has indtcatcd that "universlt}' politics are vicious precisely s~dcnt aid will not be touched in response to because. the stakes are so small." Perhaps budget pressures. Dean I.angille also earnest- this is true. But giYen that many individuals ly points to the l'aculty's efforts to incre-ase currently at rlus law school may one day find studcnt·aid initiatives such as increased fund - rhcmsch·cs m positions to make me:1nmgful ing for internships and clinical programs, as decisions in the world at large, we should cvitlence of rhe administration's commit- pay attention to uniYersity pohncs now: If ment ro student needs. Robin Rix counter.; we can't find a way to de,·elop a more transthat, '\dten student.~ arc paying thts much parent. trusting, and positive relationship money, there seems to be a responsibility to he tween the administraoon and the ~tudents show where rhe money is going,'' anti lJUCS· when the stakes arc so smaU, what hope is rions the need for ~ecrccy about the financial there when the issues arc more important?

HELMUT

10 FEBRUARY 2004

9

Getting the cold shoulder nothing to freeze up over DEAR HELMUT Feeling down? Health Enables Legal Minds at the University of Toronto (HELMUT) offers advice Dear HEJ J\lUT, Can rou explain why so many of my fellow Jaw ~tudcnts pretend they don't sec me when 1 pass them in the hall?

Do they ha\e no peripheral \'ision? Is tlus some law school tradition I don·t know about? Is my hairstyle so "last year"? Am I a pariah? \\'hat's the deal?

. Imisibty Yours Dear lmisibly Yours.

Actually, yes, it IS kind of a law school tradi tion. There's an abundance of theories out there to explain why. Here arc HEL.\lUT's best guesses: I) Law students are chronically behind on their work. If you catch them while they arc rushing to the library mentally chanting, "I WILL rt:ad today! I \\'ILL read tndayl" the prospect of getting distracted by a convcrsauon causes concern. They know it will cause their whole house of cards to tumble and ther·n likely end up in the pub. So when they sec you waving, they panic. .

2) .Many law students are introverted book1sh nerds who got beaten up in high school. They are just now learning the

forced pL1stic skills of extroven;ion they need to get a firm job, and their Pavlovian response is not yet fully developed. Their mental rt:action to your wave might be: "Oh no, I ha\en't had any coffee yet. \\'hat is it I'm supposed to do again?"

3) The law school is a small village where you see the same people over and o\'er again. "Hi" may seem worthwhile upon the first encounter of the day, but by the fifth ttme one ~ees the same person, it feels a bit redundant. This trigger~ the dilemma of whtther you should nod or find some other way of acknowledging each other's existence. By the time a decision is made, you're at opposue ends of the hall from each other and probably offended as well.

4) In the first monrh of school, folks may have bounded around introducmg them srlvcs freely, but they didn't get to everyone.

By December or January, it's too embarrassing to admit that you don't know the name of that person saying "Hi" to vou, or con· ,·ersely, that you're saying "H1" because you actually looked them up on the composite.

5) There are only so many friends you can fit into your life. Some fairly ego-driven people cope with th1s reality through a defence mechanism of not speaking to anyone else at all. (I Ience some of the more aggressi\'e cliques at the law school.) To be honest, you're probabl) better off not interacting with these types anywar.

6) Don't you know that e\·eryone here has his or her conversations ,;a email?

Verbal communication is a relic of an

ancient age. Instead of waving. try sending tht•m a text message.

7) If they're third years, they have stopped paying attention to everything around them except Solttairc, and they have been through so man) orientations, pubs, Interviews, moots, trainmgs, classes, exams, and acthitics that their short-term memory is shot. They honestly don·t know who you arc.

But it's perfectly ok to run up and shake rhe1r shoulders to remind them "\ Jthing perturbs a third )Car 8) One member of HEL\lUT would like the public to know he is legally blind (no, that's not a pun), so don't hold It against him. There may be more of his ilk arounddon't discount the x factor when assessing the uncommunicati\·eness of others.

Whatever the reason, smiling is the uru\'ersal language. If you can manage to make eye contact with one of rour clush·e fellow 'travellers, gi\•e them a grin. (If it's OUr visually impaired friend, make it a "Hi.") Despite their studied avoidance, it might make their day.

And if you are one of those fellow travellers, smile back, dammit.

dow!t and snking adtitr of Jht n10" projtssio1Jal kind. e-mail dtar_htlmu/({ihotmail.rom and /1/:UHn· (1/ra/th 1-.nablts f...tOJI Minds at l tf 'I) ui/1 protide )'Oil uith info about 011 a11d off Mt!lflus htalth "Jourres. )gur pn'vary uiU bt mprrted

l'\eed to Mk 11-ith l IEI...\1UT? Put a . qurslion in the Dtar 1-IEL..J.\fUT bo.v lry the mail folders. Or if ;·ou 'rt fieling

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FEATURES

10

ULTRA VIRES

Coffee talk

'

witlt tile man beltind tile books, Geoff Piersol

BY JUDA STRAWClYNSKI

It's unusually quiet around the Bora Laskin Law Library. The Internet is down.

Students walk to the kiosks, see the sign announcing that sen-ice is tmavailablc, and pause to process the information. There is a slight murmur of students trying to figure out ho\\ this technological turmoil has occwred. (In fact, the entire U of T network is down.) 'lbc occasional $tudent cu~es. but most take things 111 stride, and head out towards the Rowell Room, in the hopes of procrastinating with the support of The G/obr tmd Mail, the ,\'t~lio!ltll J>osl, or in the compa ny of fnends.

The librarians are enjoying the free moment to discuss the joys of Progrcssh·e Rock music. It is in this rare window of calm that I am able to rake a fcw minutes with Geoff Piersol, to discuss how it feels to sec the ~tudent life from the librarian's point of vtew.

God£ is in his fifth year of studies in Arts and Science at the University. l \e is completing a double major in the thcoreti-

FEATURES

10 FEBRUARY 2004

cal and practical Fine Arts. The pracncal dents tend to ha,·e difficulties locatmg that area." Geoff chooses not to speculate side has Piersol mosdy delvtng mto pnnt books or other materials, there seems to be on why this may be a challenge in the law making, using both wood and metal materi a more acute problem within the Library. ltbrary context. With the noonday crowd als.

"There are cases m all libraries of books appearing, it seems like a converuent time It was by chance that Geoff landed a job gone missing. But I have heard that the Law to let Geoff get back to work. At least at Bora Laskin. "The law library doesn't Library in particular has huge problems in today he won't have to explain that all the widdy post its openings," but with a roommate ~tudying in the library program at Seneca College, Geoff became aware of an opponumty, and the rest followed from th(•rc.

Working e1ght hours a week at Bora Laskin Library reaches you a thing or two about law-student beha\'iour. "Normally things get hectic around noon," Ptersol notes. A few moments later the clock stnkes twelve, and as if on cue, a stream of students sptlls through the entry. \\'ith such wisdom before me, I try to dig deeper. But Geoff feigns ignorance regarding the December exam sleepO\·er-party scandal, and pretends as though he really doesn't get the student gossip while stuck behind the librarian's desk. "I don't really hear much," he asserts. "People come to check out reserve books or wireless cards, but that's about it."

You will recognize library staffer Geoff Piersol, but most likely won't know anySri\\, Piersol notes that although all stu- thing about him. Photo~ oj]utla S~A:i.

Waterbearers, avoid banking on relationships Aquarfus January 20February 18 Henry Wadsworth Longfellow 1s a chap who gets props from Mr. Webster for having said, "Love gt.ves Itself; it is not bought." Take heed, dear rcaderH\VL speaks the truth. Ths Valentine's Day, avoid crass commercialism. Say "no" ro Hallmark. Muster the courage to use your O\\Cn words-they are bound to please more than any card ragline could. Spt-ak from the depths of your heart, nor the depths of your chequebook. You roo easily confuse one for the other. You will be rewarded with a feeltng this \'alenrme's Day that money cannot buy.

Gemini May21June21 And now for a contribution from my trusty astrologer aide: There are some people out there who will tell you that horoscopes arc lnmk. They \\ill tell you that magic doesn't exist, that E..'iP 1s a hoax, that everything is random, and fate is a myth rhcse people might be right, but they're still grouchy pessimists. (~orne of them might even be writing this column.) But 1f you want to believe in Valentine's Day, if you're fmally with someone and '"·ant to milk it for all it's worth, then go for 1tl Let those whose fa\·ourite pastime is to badmouth those who are in love--those who give chocolate and flowers and say stuff like "I \VUV you more" ... " o, I \VU\· you more"-rant to the walls, not to you. Th1s month, listen to yourself (plug your ears and sing if you have to) and don't let the grouchy pessimists tell you what to do.

Jove

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the air

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has whipped his belt out of your world. You arc enjoying an intt:rgalacric strip show! If Orion melts in your presence, then you arc on fire, baby! • ow is not the wne to be sh): Be courageous. You\c bcen lookmg at that special someone from afar, and now is the time to let your gravitational pull start to work. You just have to get in range, then watch as your crush is pulled in by your powerful force. Let gravity do the work for you.

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picture, and tn the eacly centuries ol clte Common Ern. mm·cd to rcpi.Jc.e tl1is p.1gan p.wy w1th one of it' ou11.

Bur how Saint \:got p1ckcd as rhe re.1son tor celebration JS mystenous. There nrc sc,·cral differt."tll \'alcntine characters. The story goes th:lf one of th(•sc \'alentinc guys was falling for the lm·e of hts life while rotting away in a damp prison cell. lie wrote her a note and signed it, "from Your Valentme." Unfortunate~~'. that's the last he saw of his girl. It may not he much of a romantic finale, but the church made \'alcntinc the patwn ~aint of lo,·ers.

Although he didn't get the girl, the idea is that milhons of otht:rs will have a ht"artwarming ending on Valentine's day.

llickory d1ckory dock. Wh} arc you staring at the clock? \"alcntine's Day is an arbitrary date on which to express one's affections towards another.

The one you dream of ts Calendar-Challenged. Don't expect much on Feb. 14 ltSel£ But chin up. You haven't been forgotten. Expect a lirde surprise heart-to-heart when you least expect 1t.

Taurus Aprfl20May20 When I was in elementary schoo~ JG offered me one of those heartshaped cinnamon candies. I was enamoured with the offeror, so I happily accepted and immediately popped the present into my mouth. It took about two seconds for the swelling to start. The burning in my mouth was unbearable. The candy went flying out of my mouth, and into my heart's desire's hate. I was rushed to the hospital, where it W2S discovered that I have a lethal allergy to artificial cinnamon flavounng. The moral of the story is not to be over eager thts Valentine's Day. Watt with patience, and pause before rushing into any act driven by the need to please. Just be yourself-the stars call for a bright V-Day for you. Just remember to stay away from those wretched cinnamon hearts.

Leo July 23August22 \S \ JU~t successfully touched down on 1\lars. The new robotic presence on the Red Planet has affected the celestial ordcr, and in your t-asc, Leo, it\ all for the better. You ha\·e been patiendy waiting for that soul mate of yours to finally sec you as more than a friend. Thts \ alentine's Day, the hot, lustful planer ,\lar~ will w1lcash Its passionate heat on you and your ~pedal fncnd. Expcct an asteroid shower of lm·in' this \ alentine's Day. Remember to thank Houston.

VIrgo August 23September 22 \ogi Berra satd, "When you come to a fork in the road, take it." It's orne to take that fork, Virgo. Take It any way you can.

.n..

Ubra September 23 October22 Ths Valentme's Da}, ask, "What would Pinocch10 do?" Then do the opposite. You have been spreading half-truths and innuendoes around, talking big to people who also talk to other people. Broken telephone is not the way for you to win over someone's lo~e. and referring to a potential date as a "prize" certainly doc~n't hc\p your cause. You need to take a rime-out in the run·up to Yalenrine's Day. Go £or a iog, go watch ',\ movie, stay m and wa<.h your h:ur ... ~ust do t.<lmcthi.ng th·.\t \>.'on't get you \nto tr()ub\c.

Scorpio

October23-

November21 There art• two kmds of people in the world ... tlwsc who hle hor:;cback riding and those who don't.

You ~hould kncm, ~corpio, that you are the former. You 10\ c kick in' back, and nding down the highway, just you and Black Stallion, watching the sun go down and the stars come out. You're a cowboy (or girl) at heart.

Remember who \'OU are on this Valentine's Day. Ride through the rough parrs and just keep right on going, and before you know it you'll be riding off inro the sunset with the person of your drt-ams. Yeehaw!

Sagittarius November 22 December21 I know that you arc praying for Feb. 15 to roll around, because then this Valentine's Day will be over. The problem, Sagtttarius, is that you have been worrying about this holtda} way too much. ot only do you have friends who are looking out for you, but there's also a certam \ 1rgo who will take the fork in the road and land ltterally on your doorstep. If that's not a strong enough stgn for you, then maybe the misdetoe will be. So take it easy. \'alentme's Day, like ali other things, works out m the end--even for you, Sagittarius.

cancer June 22 - July 22 Whatever to what's happening over in Gemini's corner. The story is really about you, Cancer. And for you, this Valentine's Day will be like no other. This may or may not be a good thing, depending on your past experiences, but rest assured that when the mistletoe is dangling there a few months late, you shouldn't get into technicalities about which tradition goes where. Just pucker up and enJoy!

capricorn December 22 January 19 As the renowned 21st Century pop philosopher Steven Tyler says, "Love is an elevator.'' He predicts that you'll love it while you're going down. The ride will be complicated by a couple of stops on wrong floors. Just ride it out. When the love of your life steps in, you11 know it. EnJOY the ride, baby!

13

12

the first-year experience is driven by rumour," says Wmton. "Everyone is asking, '\X'hat's class ltke? What are exams ltke?' The stress here ts manufactured from fear. But then you go to class, or you go through De-cember exams, and you can say to yourself, 'You don't need to flip out.' But then the job talk starts, and the rumours begin again," says Winton.

One student even jokingly called me ''Grandma''

The term "mature student" ts u~ed to designate students \Vho have returned to school after a lengthy ah~enoe. But the term 1s problemauc. "I may be olelcr than d1c average student here, but I don't thtnk I'm more mature," sa} s a gnnnrng Dave K11an (II), who accepts, hut laughs off, the mature student designation. Not all students who ha\e spent a sigmficanr amount of umc outsrdc of the classroom semng before rc·turnmg Identify themsCI, cs any dlrrcrentl} irom dle student who has come to la\\ school straight from undergraduate studies. Glmcr hehcves that, for some students, Jt is a question of self tdennficauon. \\'lute some students see age as a defining feature, others dO\mplay tts Importance.

On top of the summer job scmmble, and the fear of being forced into a mould by mature students also enter the job hunt nor knowing how employers will deal with the age question. "It's always interesting to be inteniewed b} people younger than you.

I low will they gauge your experience:'" asks Glo\'Cr. While some firms arc looking for "youth, beauty and marks," others recognize that more experienced students may be efficient workers who have already dcYcloped workplace skills. The fact remains that " [s]ome firms arl' more open to mature students than other ftrms," says Davies.

"My experience has taught me that success is not a straight line," says Glover, and the legal profes~ion seems to have recognized thts as well. Garbutt has landed a summer job wuh Baker & :\lcKcnzte. llc hopl"S to work with them upon graduation, and be able to transfer to different offices to be \\ith his wife who works for the Department of Foretgn 1\ffairs. ,\lost orher mature studcnrs who wamcd to work in the firm em-ironment have been able to do so. •\fter summering for a Toronro ftrm, Davies will be heading to Ottllwa to clerk at the Federal Court.

But b~forc he.ading back 10 the work world, tht-sc students arc enjoying the student ()(Is,

LAW SCHOOL WAS 1-HE LAST Tl11NG -rl-\AT FlR_S"f-YEAR ANDR.EW WIN fON \"') 1\N N \.•\) ,.Q DO u~n !?radttatlll!\Wlth B. . But: after uavd !1

lmg,gezang mJcnt:.d, and spencirng .>Ix 1cus as Jln < duor 111 iln cduc 11lonal publishtng FH •usc, I)(' "wrore:- the U\.\'1 on the sly." Second )'L~lr student j onathan Garbutt had always planned to go to law school, but spent the better part of a decade m japan before rerum ing to the classroom. Yael Bienenstock cho~e to do a \Listers Ul ~unosphenc Chemistry, and then dectded on a law degree rather than pursuing a Ph.D. 1\fter hnng the backpack cr's life tra\clling through France and Andorra for 1Ll's Go, second-}ear Dan Glover has settled dou n at least long enough to complete a Ia\\ degree. !•or these and other "rruture students", the path to law school \\'as a little longer than that of the a\crage student. And the paths back to rhe acadcnuc envuonmcnt have been 'aried: Nadine llarri~ (11) spent fifteen years in environmental consulting, and for si.'t of those years studied part ttme to earn an MRA Business took her to Mexico, where she helped draft envuonmental legislation after ~ Al~l'A. She also went to Chile, where she worked towards solving mining pollution problems. lntngued by the larger policy questions that surround environmental consulung, and faced Wlth an increasing number of legal questions from client~.

I larns Jevdoped a yearning to return to school to study law. "It's hard to leave a job that you love and start all over, bur I was at a crossroads in my career path. I was increasingly working in a managerial role, but it was the field work and client interaction that really made my job,'' she notes.

Worlcing in communications and conference planning, Alysia Da\it.'S (lll) realized rhat she needed a change. "1 nonced that people \\ith Ia\\' degree~. even if they weren't practising, were getting closer to the dt.'Ciston-making than 1 was. I missed school, I needed a change, anti so I applied."

Once admitted, the mature student faces a somewhat daunting back-to·school experience. "The n:scmblancc between the first year o f high school and the first year of law school is a shock to everyone, but particularly for mature students, who ha\'e been away from the classroom setting for a longer penod of time," explains Davies. "Orientation felt like the Tuilight Zont for me," recalls Andrew Winton. "I went from a corporate environment to a boat cruise." 'lo make the transition easier, Alysia Da,ics reincarnated the Senators Club. The orga· nbation i~ part support network, part ~ocial catalyst. It runs social events for mature students, as well as a job workshop \\:ith the Career DeYclopment Office to discuss issues affecung older s tudents. ";\Iostly it networks mature students, so that if somebody has a problem, tht1' don't feel alone," Da,ies explains.

time student\\ htle fi\ c months pregnant. i\qw she's a full ume student und full ume par cnt. Wtnton and htS wtfc arc expecting ut june. "J\ lot of people don't understand that I have a daughter \\hO I ha\'e to p1ck up at 4:30," notes Harns.

Jonathan Garbun (II) has a wife and SIXteen-month old child at home in Ottawa, where he '"ork!i part tunc a a policy advisor and ccononu~t for the ( .anadun ElcctriClt) \"!iOciation, the n.ttlonal assoctatinn of the O ltltdl,tn dcuricny indu~tl}', A t}~i al we<;k lll\ ol• C'$ \H>ck JIJ

<)f r.rw,l {\fondav

nl< •rnUJg betor< rnn cllmj'. r

dass. llc stays in 'JCmmto until noon on Thursdays. and IIH·n hc-.ads back to Ottawa by Thursday afternoon. l•riday he is b;tck aL work for the Chi\. c;arhuu explams, ''There 1~ no law school work from Thursday when I gc.:t homl' unttl thl· next Monday.''

In order to keep the Juggling act rogether, a ccrt:un rigour has to be brought to hitting the hooks. " I treat it ltke a job," sars Garbutt. \Vinton has ,I surular approach: "I try to go from nine to six. Then I can spend time with my wife., and tf need be, do a little more \vork," he says . "School work is ltke a job, but without the office pohtics," adds Harris.

"It's almost a dn·cr:;ton. It giws me tune to myself."

The academic frl'edom is clearly cherished. Beyond the abtlity to select courses, and to schedule study time around other commitments, the mature students arc tmmersed in the intellectual emironment. Rut the shift from the workplacl' to academia can still be jarring.

"Sometimes I feel like I'm in jthe mO\ie] Ferris Bueller," says Garbutt. "The prof asks a question, and then despairingly asks, 'Anyone? Anyone?' In the work world, you get paid to have answers. But people get buchy when a prof gets the least bit Socratic. I think we're pampered. We won't last a second as lawyers hr not knowing the answer when a senior partner or a judge ask~ a question."

Dan Glover also finds himself occasionally perplexed by the classroom settmg. "\X'e can say whate\·cr we want here.

A prof won't call our future employers to say, 'I don't think that student buys tnto the rights model.' There are fewer \·esred interests here. \\'e're pri,ileged to be in an en\1ron· ment where we can study ideas for their own sake, and speak our minds. Yet there seems to be a veil of confomu ty among student.~."

Like all other students, mature students arc struggling to fit into the law school environment: peer interactions can be inspiring· yet difficult. Harris notes, "It's invtgorating bemg \\ith people who arc younger than me, who have a more idealistic view of the world." But she adds, "My interactions with many students remain superficial." '~Ibis can feel like a Darwinian envtronmcnt," notes Da,·ies. "Some students are dismissive of the over-the-hill crowd. One student even JOkingly called me "Grandma", but in any other environment that joke would be inappropriate."

"I think that most people here think I'm an old crank," says Garbutt. "But I think it can partly be explained by an intergenerational gap about what can be questioned in class and what ctn't be." Still, Garbutt is thrilled to be learning with a peer group that is mostly younger than him. "I'm impressed at the sharpnes~ of everybody here. There arc no slau, ma,·r·rs Fverr day, I am amazed ar rbe qoaliry of rhc• srudeors" In the Kafkaesque maze o f law school, mature students and their experiences help bring per..pcctJve. But it's still hard to keep from occasionally getting lost. "So much of

lote Juftl ns thctr path!\ mto law school h"\"l' ·vannl. s o too have thclr palh~ withtn the

~-~= school.

(,)0\·er notes that "[i)f I had been hac nuw or ten year~ ago, J would ha\ c 1oined c\·cry club, but now 1 would rather be at honK· wi1h my wife." But he has still kept a parr of himself dedicated to writing. I lis fiction reviews can occasionally be seen ' in the National Pn.rl, and he is a contributing editor for the Ptms Rttitw. Da\les "uses cxtra·cur· ricular as a playground." Rather than returning to editing work or helpmg out with conferences at the University, Davies has experimented with the creative s1de, and wriuen for llELMUT. I farris has continued on her emironmental path, helping re,·ive the Environmental Law Club, and working this past summer \vith an environmental-law public-interest organization.

But none is in a rush to head back to the real world just yet. As Davies notes, "School is about possibility. It's about dreaming. I'm glad to be back here."

- - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --'-thuou=se-wbo ba\·e...bccn..ont of school for sere"lll years in a slightly different manner. The admissions committee will give greater weight to an applicant's work and life experiences if he or she has been out of the school setting for a few years. T he number of studen ts accepted under this category varies between one to two dozen students per year. Other institutions have different formal and informal ways of recognizmg "mature students", and take different approaches 10 admissions and administrative polictes towards mature students.

Orientation felt like the Tw_!light Zone for me...

r\lrhop~b C\'(-tyonc- suffers from hac k -toorschool jittc·rs, there are orher cha11enges more

particular to rhe mature student. ;\lost mature students arc delicately balancing law school with fa.truly obligations, work, or both. Beinenstock beg an her law school career as a part-

The term also eludes a de.~ definition. ,\ r the U of T Law School, there is no clear-cut definition of "mature student," but the administration treats

Financing an Education

Opposi e: Nadmc Harris and Dan Glover; Above: Andrew Wmton; i\bme ri ht: Alys1a Davies and Jonathan Garbutt; A sent· Yael Bll'ntnstoek. Photos courtesty of Juda Strawczynski.

Although some mature students may have saved up for law :;chool, financing a legal education can be a tricky matter. It may inYolve the support of a spouse, or trying to qualify for ftnancial aid. But the financial·ald formula requires that students declare asseb, and it is generally more difficult for a mature student to liquidate assets in order to pay for eelucation. By being cut out of the official financial-aid systl'fll, students may also be exCluded from appl)ing to fellowshtp' and other work experiences contingent (JO a sntdent's ability to Hemon:itrate "finanaal need." lh addition, m order to attend, many mature students face a major opportunity cost. "I had a decent JOb before coming to law school," Nadme Haro::; notes. "From -a dollars and-c nts \icw, I don't think this will C\'er add up."

14

OPINION & EDITORIAL

EDITORIAL

Marketplace of ideas a participatory regime

ULTRA VIRES

Let's not be nai·ve: the case for torture warrants

The Stronach factor

BY KEIR WILMUT

BY BEN PERRIN

clc\~lles

he 170 or so of us who enter U This academic year has played host ro 'li>rturc ts suhjl'Ct to nl~tr-uni\'crsal condemof 'I' L:tw each year come for hl·:ucJ debatt• on :1 variety of issut·s, nation. J\rticlc 5 of the ll11it'frst1f Drrkuutio11 \'arious reasons and with ranging from gar marriage, tuition, and of llllmtlll Righl.r, for cKampl~. states that dl\ erse predilections. As such. the ti:Hnution of the Gentlemen's "no one shall b~ subjc.:cted to torture.'' The \\hen \\t' engage in the community·Wltlt• Quarter, to the "right" lct·el of compctiUmtc.:J ::\:1tions Comor11/ion Against 'f'orlttrt (to discourst·, we inevitably find oursch-es th l'ness to he expected of sporting stu· wh1ch Canada is a signatory) is e\·cn more rubbing up against some ideas which wt· dents. It has not, howe\·cr, necessarily explicit, stating that "no exceptional circumnot only find inconsistent wtth our own been a particularly divisive year. Some stances whatsoever, whether a state of war \nlues, hut sometimes even tncomprc· ha,·e boldly and publicly aired con· or a threat or \t-ar, internal political instabilhcnsiblc or mor;~lly abhorrent. I t is easy tcntious view~ and made controversial tty or anr other public emergency, may be for tlw populiltton of the law school to mon~s. hut these have usually been in the invoked as a justificauon of torture." fissure along ideological, moral, and context of civil and reasoned discussion. / Ad\'OCacy groups such as Amnesty pohtical line,. People coalesce tnto This year as much as any other has International arc equally clear on the sub groups and cliques with their most like· been witness to camaraderie between jeer: There are no ctrcumstanccs under minded peers. Inter-group discourse people wirh \Vidcly diverging world\'lcws. which torture is justified. Penod. degenerates into resentful squabbling and The less personal we make our disagree· / Such absolute statements deserve scrutifist-sluking at "chose left-wing sob sto- menrs, the more we will be able to have ny. Few th111gs tn this world f:iJ1 into such ries" or "those right-wing pigs." productive dtscoursc. All people, includ- 1 black-and white terms. Mosr actions inhab I r would be a real shame if we all ing Ultra I zru editors, are gwlt} of makit a spccrrum of grey, With moral validity cruised through law school without tak- ing things personal from time to time. depending on the circumstances. \fy argu ing adt'llntage of this once-in-a-lifetime Howe,·cr, the dialogue at the school this · mentis not that torture tsn't horrific, or that opportunity to engage in meaningful year is evidence that more often than not, it should be a regular weapon m the stare's debate with people of such varied views. we arc all good sports. arsenal; rather, my argument is that there are Once we lea,·e thts place we will, in all It is unrealistic to thmk rhar we can limited circumstances in which torrurc is hkelihood, be headed to places-be rher forever be chummy with people who nor merely justifiable, but actually morally Bay Street flrms, go,·crnment position;, hold such different convictions from our imperative. Thus, rather than uruvcrsallv ::\Glh, lGOs, or even extralegal jobs- own, because at some point in our condemning it we ought to develop stri~t where we will be surrounded by people careers thc~c news must translate into guidelines regulanng its use. with wh•Jm we share relatively similar decisiOnS that affect people's real rights Consider the infamous "ticking time socia\ anu po\ttica\ views. llcre, we ha\'e a and obligations. But this ts a\\ the more bomb ~cenario." ~laving planted a large £\eeting o~portuni\ y to \i.~h:n to what reason for us to \ay uown our arms, here explosi\ e device somc,vhcre in Toronto, a <>\\un; have \O ~oay on t\,e mol'\ M:nsitwc anl\ now, hccau~e th\s i,; our \ast chance homhcr is C-"'l~hl hy pohce. He refuse~ to

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I

oF

lt>fll<'',

.mel ro criric;JJly

t'\':lluate

rhcir

.trgumcnts, mstcad of clisc:ounrillg them out of hunJ.

Law school is by irs vcr: nature a highly \'alu~-chargcd and driven place. Bur if there':; one thtng that law school teaches, it is that on~ should always question rh~ presumption of an objecth·e morality, no matter what its source or who its professor. Dogmausm and entrenchment are scJf.Jtmiting. They prevent us from having mtnds open enough to learn from other~. and to teach them in turn. It also pre\'cnts us from discO\·ering thtngs about others-completely aside from their tdeologic~-that we might value greally, lik~ their wit and charm, thctr wealth of experience, or their many nonlaw talents.

to li.'lt'n, c,·n)u;He, and he surf' tlur rht• } tl!\'ulgt• 1hc locarion of the homb, which is iclc:.ts to wl11c:h we arc commitrinl{ ourst'l to t·xplodl' 1n an hour. li\~tcuation of r/w

sehes arc indeed rht· "right" ones.~ This is not to say that there isn't a time and a place to take a stand on issues.

U\''s upcoming poll, Opinions, will proYide an opponunitr for us all co make our voices heard on a wide Yaricty of contentious issues, stimulate discussion and debate, and get a better picture as to where the student body srands as a whol~. There arc a wide range of opinions reflected by the U\''s editorial board itself. This, combined with the anonymity of the balloting, ensures that the results will be fair and unbiased. The effectiveness of this exercise depends on your contribution. UV invites all students and faculty to participate.

ultra vires Ultra Vtres is the independent student newspaper of the Faculty of Law at the Unhersiry of 'Ioronto.

F.ditor-in-Ch1,j .\rws Hahm:t

Editonal/ Opinion Ltgal lmm

Diversions Produnion Editors Copy Editor Onlint Editors Bu.sinus Managtr

Bernina Butt Sunrcn Desai Juda Strawczynski Ben Perrin Andrew Pilliar Ltsa .Minuk John Norquay Em.i.ly Mak Aristotle Sarantis David Khan Jusnn Petrillo Sunren Desai

OPINION & EDITORIAL

10 FEBRUARY 2004

entire city 1s not tcasible. In such a siruation, would it be justifiable to use torture in order to ascertain the location of the explosive?

'1(> tho~c \\ho would condemn such action, is it moral!} justifiable to allow dozens or even hundreds of people to die to prevent one would-be mass murder from feeling temporary, albeit excruciating, pain?

Alan Dcrshowitz, the Harvard law professor anJ civil rights advocate who popularized this line of argument, poses an equally taxing hypothetical: "Consider a situation in which a kidnapped child had been buried in a box with two hours of oxygen. The kidnapper refuses to disclose its location.

Should we not consider torture in that situanon?" An absolute condemnation of torture

the :-hort-t<:rm comfort of a would be child murdtrcr onr the life of an innocent ch1ld 'luch a rc.:sult cannot be moral. 'l'bt· 1dt'1 that, under extreme circumstanct•s, hornblc aces can be Jusrified is not '' irhout prl'Ctdcnt in the )a,,: Consider murder. If a person w~nt on a shooting rampage at Eaton Centre ;md a pohce officer man aged to kill him before ht· could continue his assault, we would h;til the officer as a her<L If killing someone to prevent the death of dozens of innocent people L~ a heroic act, how can causing someone temporary pam to prevent the death of hu,n dreds be a repugnant one?

Critics of such scenano- based argumenrs point out that they are not very realistic, and certamly are not that common. Even if such a scenario dtd occur, it is said that torture might nor be effective. The bomber could sunply he about the location of the explosives ro stall the authonties; however, such logistical arguments do not change the fundamental conclusion. 1be temporary pain of would-be murders should not be elevated over even the pos.sibili!J of saving innocent lives.

A stronger criticism is the potential for abuse. Once torture is accepted by society, its usc in less morally compelling circumstances is an easy slip down the slope. Rather than proving the case for the outright ban of torture, however, this criticism points to the need for offict..'ll guidelines and monitoring.

leadership candidate sets pace for new Conservative Party Belinda Stronach's bid to lead the newly minted Conservative Party of Canada has akeady challenged the par~ to exarrrine what it stands for. While some say she has bought herself a !ugh-priced ticket to the race, others feel she may be just what the Tories need.

The day Stronach declared her candidacy, Tht Toro11to S1111 headlined her ptcture with the tide "Blonde Ambition". Other coverage focused more on what the leadership hopeful was wearing, rather than what she smd. This nghtly prompted sc,·eral

Stronach has announced her belief that recognition of same-sex marriage is a fundamental human right.

Just as ju,lgt·s haH' the power to control the

:1biluy of tlw ~ot.ue to c:onfin{' irs citin·ns in jail, I he juJic:lary ought to h:l\'C the power ro control the ahilny of the st.atc to torture through the issue of "torrurc warrants," permitting the pr:tctic~ in highly limited and monitored circuntstances. Such judicially based control would rt-qwrc the gm·cmment to conclusively justify ba~cd on £'lctua1 e\idence the lifc-sav· mg need for torture. Important!}~ this system would be accountable and transparent Given the political climate around terrorism, the potencial usc of torture in a crisis situation by the gov<:rnment is real and sub· Mantia!. J\s Dcrshowirz conclude.~. "The real debate is whether such torture should take place outside of our legal system or within it. The answer to this seems clear: If we arc to have torture, it should be authorized by the law."

Contributors Keith Burkhardt, Usa Ca\ion, '!Odd Chernecki, Ian Discnd, Chris Esscrt, Heather _Frc.:derick, Paul (,albraith, Angelo Gentile, Julia Guaragna, P<:ter Hawkings, HELMUT, Sven llombach, Davtd Khan, Scott Kirl-:patnck, Ronan LC\'), \lax Matas, James McClar); .\1att Pierce, Kent Roach, Adam Snellings, Ken Stucbing, Ke1r Wilmut

Ultra Vires is an editorially autonomous newspaper. Ultra Vires is open to contributions which reflect diverse points of view, and its contents do not necessarily reflect the views of the Faculty of Law, the Students' Law Soaety (SLS), or the editorial board. We welcome contributions from students, faculty, and o ther interested persons. Ultra Vires reserves the right to edit submissions for length and content.

The next issue will be published on March 23, 2004.

The deadline for submissions is March 15.

Commurucanons Centre, Falconer Hall, 84 Queen's Park Crescent Toronto, Ontario, MSS 2CS, (416) 946-7684, ultra.vircs@utoronto.ca, www.ultravires.ca Advcrtismg inquiries should be sent to the attention of the business manager at ultra.vires@utoronto.ca

15

Parliamentarians, including ">he1la Copps and Deborah Grey (two who rarely agree on anything), to challenge the media for the unbecoming and ridtcvlous cowuge.

Since then, as with all campai!,'llS, there ha\·e been good days and bad.

Stronach has signaled that she will not be cow-tied to policies of the parent and grandparent parties that formed the cur rent incarnation of conservatism in Canada. This independence likely drives her appeal . among mainstream ( anadians.

Commissioned by her campaign, '-lorthstar Research Partners released the results of its poll on Feb. 4. The results tndtcate that Stronach is ahead of her contenders.

Specifically, the "[r)cspondcnts were asked whom they would vote for if they were members of the Conservative Party today.

Stronach at 41% leads Harper at 28% and Clement at 19%. 13% of Canadians say they are undecided."

Stronach's break from traditional conservative positions has not gone unnoticed.

For example, she has announced her belief that same· sex marnage is a fundamental human right and that MPs should be cnti tied to a free vote in the House of Commons on such issues. When a leadership candidate puts forward a view not shared by a social conservati,·e segment of the party, a powerful statement is made. To be sure, Stronach is professing values of fiscal conservatism and support for the military, but she is also differentiating her· self from the pack. For a new party, noth-

ing could be better.

When former PC leader Peter McKay and conservative Premier Bernard Lord both announced they would not be enter ing the race, the need for a crcdtblc nonAlliance candidate was apparent to most observers. That left few other candidates that could take on Stephen Harper, an early front-runner who is credited with shaping up the Alliance caucus, consummating the party merger, and bringing the Alliance out of debt. With a price tag of $50,000 to reg· isrer as a leadership candidate, along with the same amount required as a "compliance deposit," Stronach ob,iously had no problem cutting a cheque to the Conservative Fund Canada.

The Consen·ativc Part} of Canada's leadership selecnon process is remarkable for two reasons that are relct·ant to candidates like Stronach. First, in an effort to broaden the party's appeal, those eligible to vote for the new leader include any Canadian atizen or landed immigrant of fourrecn ~-cars of age or older who becomes a party member by Feb. 29.

Second, in lite final tally, the now .308 rid· tngs across Canada arc weighted equally (rather than a one-member, onc-vore system). This effectively means that there arc 308 indi,·idual leadership races running acro:;s Canada. \X'ith well-respected heavpvcights in her corner like John Laschinger (campaign manager for the federal PC part}~ . Rod l.o\'C (longtime advisor to Ha/ph K lem), Janet Ecker (former Minister under Mile Ilarri:;) and Ian Todd (former executi\'e assistant to Preston ~fanning,. Stronach's upper echelon is well selected. But is the Stronach organization too top·hl'3\'}'? :\lost successful leadt•rship campatgns reyuirc at least a year or two of intense on· the-ground planning, net\\ orking, and de,·cloping of support in the party at the riJmg b ·cl. Stronach docs nor bring this grassroots network to the table. Her finan ctal position has meant she also has not had to reach out into private fundraising in order to engage people. So '"hat arc her chances?

Only two scenarios can concd,·ably btd co a Stronach victory tn the face of the superior organization that Stephen I Iarper has in ridings m Western Canada and Ontano. Either Stronach can rally previously non-aligned Canadians through her media presence or she can attract those disaffected Tories and Alliance volunteers who departed in 1993 or 2000, respectively. On the ftrst possibility, it is worrisome that Stronach has indicated a reticence to take part in the televised network debates.

The second posstbtltty has some potential, but may reqUite more time than is available to Stronach. T he dock is ticking down to the March 19 to 21 leadership vote.

Timing in politics ts everything.

Stronach has captured our attention. The microphones are on and the camera IS rolling. Her ability to convince party supporters and Canadians of the strength of her candidacy rests on her ability to articulate a fresh, credible vision for Canada. But that's true of all candidates, right? The task for Stronach is ever greater given that she's up against two seasoned politicians who

are known for being policy aficionados.

Whether Stronach ts ulnmately successful or not in this bid, she has brought something of lasting value to the Conservative Party m its formari\·e phase of public introduction. She has demon-

strated that new voices are welcome in the party and that the party represents views more diverse than most expected. ·1be long-ter m prospects of the party and strength of o ur democracy benefit as a result.

LETI'ER TO THE EDITOR

Law Games editorial harsh and undeserved first flight spots were filled by people who had either requested an earher flight or \\ere roomed \\1th someone \\hr> had requ<.-sted one. f<mallr. you wouldn't know H from the edttoriai, but \\inning \\ oiS, IS, and r/;cu/d /Je Editors, tmportant to l' of T students at La\\ On!} at the U of l law school ( lnl) Games. \X'h} else;; \\Oltld we drag ourschcs here could an C\ent as wild!} successful as out of bed so early each da}. sore and this }ear's Law Games be the subjecr of hung mer, unless we \\anted to be a plrt such harsh. undeserved cnuct•rn. The of the wmrung team? \\'hen lf was JlUle CO\ .:rage in ( 'bm ~ 'irrs last mtmrh took a.m., 111 wmdy. tmnus t\\~nl) \\eather on the best Law Garnes this school has C\ cr the thtrd dar of grucllmg compcuuon, and after a rauwus trip t'l the b:u the attended and used mtsinformauon to por tray It as a clique--domm.ucd JOC'kfcst of mght before, fiftt:cn people still attended outdoor football. ~kGill (with a conun athletic snobbery and U of T altcnatl<•n Nothmg could be further from the truth. gent as b~g as ours) mustered )USt thtee l'hc editorial ~-a~ little more th an a l>cop\e. T hat made me tttoud to b<: from ntC<tn spmted. d um.') attcmpl to~cner-ate the U of '1. :ls our c.xtraordinal) dm e to conrrovers}. 1 ClUJ only asswn~ people see succeed 1~ what ~15 this school apart. through tl1e chsrndc. For cx.unplc, the '11tc cdnorial mused that It was rime:: to claim that people from other schools get back to the "real \\orld," but man} 13\\ \\auld not gtve us the ttme of dJ}' IS stm students ma) be surprised to fmd that the ph· false. I made many fnends from other real world 'a.rtd firm life) take-s social skills, schools at l.a\\ Game.~ 1onc of 'I.Vhom IS compclltl\"Ciless, leaderslup. athleucism, purring me up on an upcomUlg tnp to and ptrsonal rclanonshtps all tnto Quebec Cu, ), and l kno\\' man} other l account. Any bland, square, or hnllo\1. stu of I studmt~ dtd as '1.\ ell. \\e \\ c.re of dents who th1nk thcv \\ill fmd the t.qual COUl'l:>C booed consJStentlv .1s a tc.un, bm protc~non the 1:1\\ school enuronm nt "uch 1s the price of bemg number one. \\e proHdcs 111 the "real \\ rld" once the\ are the l\.~' York ) ankecs of { anad1an •radwte .tre sorely mtstJkcn. k.udo~ to Ia\\ schools and there Js no potnt tn trpng the well rm.nded tndt\1duals \\ ho part1c1 to change that pt·rc{;pnon on a global pared Jn the athletic and academ1c pot ba~ts. lnsread of getting feehngs hurt b} tl(lns of Law Games, as they stepped for the boos, pcrhap:. it would be best 1f the ward and tmolved tlKm~dvts by takmg editorial wnter toughened up and under top honours '\\1thout fear of bCJng booed stood that tt \\as all in good fun. !'.o one or ahcnatcd. from other schools actually h:ircs us tndt Un fortunnteh , the culture of tlu s \'idwll) simply because \\c'rc from rhe L school, and p arncuiarl) of ( /tm f lrrS, of T (at k-ast no o ne worth bc.iJ1g friends appears to be :;lipping toward one of con \\itlt docs).

SJStcnt complaint. \X c uhine about CVC[) In addtuo n, the conspiracy theor) thing, no matter how ins1gmfic.mt, and no about a clique of jocks getung prefewnnal matter how scant the basis for cnnrum. treatment from rhe l.aw Games I'm truly sorry that the edito rial wnter fclt Committee fo r flight arrangements is it necesc:ary to misconstrue the accurate absurd. Some of o ur \ Cr) best athletes and co mmon Law G arnes exp erience thb \\ere o n the earlier flight (a whole two year. It certainly appeared to me that ho urs earlier!), as were some La\\ Games everyone had a fantastic time, C\ Cn after Committee members and our good ch1pped teeth and emergency room visus. friends (Leslie, Ian, Gleeson, etc.). T he O nce again, only here at U of T could an flight arrangements were made by room, event this Widely attended, wtdely enjoyed and if !'omeo ne in the ro(lm requested an and well organi7.ed be made to appear as t.'llrlier flight, rhc whole room went earlier. anythtng but the total success it was.

The roommates of Law Games - Pa~~l Galbr-aith (II) Committee members who had travel responsibilities were also placed on the first flight. Any rcmairung spots were EJ~ lltllt: ':A.Ihtr 'J..41II G11111ts has ro•t filkd up by fu:st years on a room-request· tlllli~... A~ tf tunt, l .j T,.,n,JM111 cd basis ao that dley would bave the fuJI a/1 ~ nw:JMI IMRs . . ... (/1111. 20, 2004 da} Sunday to write their Bridge papers Qllitl NM, S1tttlnt NtlllSjJtlfJtr, MtGiJJ fia/!7 upon rctum. Ultimately, tbnost all of the ~ Lm~ www.law.mCgiD.ta/quid)

Jt

LEGAL ISSUES

16

ULTRA VIRES

Homecare beneficial yet burdensome "prC>\'incial anJ national membership-based, non-partisan, \'Oiuntary ad\'ocacy organization of mature Canadians corruruttcJ to prcscning and enhancing a human·centred \'ision of life." I \\":ls ~\-en this assignment m carl\' Ocrohcr, and I h;tH' stncc workeJ with this organization on a weekly basis. \\'hilt• CPC Jcals with sc\·cral issues relating to mature C.maJiam, such as drug patents anJ affi>rJahlc housing, I ha\·c chosen ro focus m} auention in the area of hcalthcarc for seniors, spcctlically homccare. .\ly projt·ct \nth CPC is comprised of rno d1stinct st.tgcl>. Dunng the ftrst stage, which I ha\ t• complctoo, I conducted research on the financ1al burdens suffcreJ hy Canadian scmor citizen~ who choose to can: for :1 lm ed one at home, and the extent to which hcalthcarc legislation has con tributed to this burden. This research included an analysis of tht Canada Health

BY ANGELO GENTILE .L"lrt and the Ontario l..on,g·Term Cart Act. The second stage of this project invokes the I did not intend to come to la\V school creation of an advocacy piece, based on my until the very b~t moment. I nc\·er expected research, which will be used to lobby the to be accepted to the U of T Faculty of federal and provincial go\·crnments for La\\: And I certainly never expccred to get improvements in heaJthcare and homecare in\'Oh·cJ in pro bo11o work \\1thin my first policy. semester of law school. \\'ell, life is full of When I began my placement \,.,th CPC, I surprises. Although these things were never was surprised to find out that there was no expected, everything just seemed to work "legal'' task waiting for me. I expected to be out for the best. And that is just how I felt assigned legal research tasks as part of some when l learned of my Pro Bono Students project 111 which I would play only a minor Canada placement at Canadian Penstoners role. Yet after my ftrst meeting w;th my Concerned (CPC). supervisor at CPC, 1 was given several t\ ccotdi.ng to a n~·s\etter, CP C is a option ~ as to which project 1 would m ost

hkc to pursue. ~\t ftrst glance, these projects included onlr minor clements of legal rt'search or a~alys1s. In fact, the project I cho~e harJiy ~ccmc:J hkc a legal project at all; rathn, 11 seemed more bkc a busincs~ or social·work project. '\lc\·ertheless, after some initi;l( research, 1 realJ:ted that my pro Ject had a ~1gnificant legal climension associ atcd with rt. ,\nJ to top it off, I was given complete responsibility for its completion. \!y PBSC plal:emcnt with CPC has been rcwarJipg on many levels. First, this project l1.1s allowed me. to usc my (highly limited) legal skills 10 develop an ad\'ocacy p1ece that can be used ro lob h) the prm incia! government for additional homecare funding.

Second, this experience has enabled me to use my (again, highly limited) legal skills to ad\'ocate a positron on behalf of Canadian scn1or cittzens. And third, s111ce I have a f.1milr member who relics on homccare services,' th1s issue has hit home for me. The homecare sen·ice in Ontario only provides a ma.>Umum of fourteen hours of care per week, or 2.8 hours per weekday. \\'hile 1 am grateful that such a beneficial senice is provided in the first place, my research indi. cates that it is not only feasible, but also beneficial, for the government to tncrease homccare funding.

The current state of homecare funding places unnecessary finanoal burdens on caregivers at home. I cannot reconcile the followmg fact: If my grandfather were placed m a long-term care facility or a hospital, then we would not be as financially

bunlcncd, ~incc hospital care is paid for by the prO\ incial gm·crnmcnt. Yet, because we chomc to care for him at home, we are more heavily bunlcneJ. Although my fami· ly is willing to hear the financial bunlen of qring for him at ho1nt:, many other families may not be able to afforJ that luxury. This Joes not sounJ like a policy that promotes accessibility to ht'<lhhcare, one of tht five ba~ic tenets of the Cmatfa 1/ra/th .L"Id. Furthermore, st·\·eral sources indicate (to \'arying Jegrccs) that the cost of caring for a suble patient at home is less than the cost of caring for that same patient in a hospllal.

Yet because homecare sen·ices are not incluJed in the list of "medically necessary" services cm creJ b) the provincial gm crnment (whereas hospital sen·ices art cov ered), the pronncial government is under no obligatton to funJ homecare despue its financial benefits. The provincial government, therefore, may actually save money if it encouraged homecarc services as an alternam·e ro lengthy hospital stays. This could be a \Vin win situatton for both the govern mcnt and Canaclians.

These f111dtngs are being incorporated into my f111al aJYocacy piece, which should be ready by t.':trly \larch. If you are interested in learning more about this project, send me an email at angelo.gentile@utoronto.ca.

Otherwise, I highly recommend you get invoh·ed in a legal or pro /Jono clinic. The experience will surprise you.

The specific crime of torture Amnesty club continues lobby for expanded laws

BY HEATHER FREDERICK

LA '.A.' ••• REJ\L Ll FE. Challenge yourself in law.

And in life.

BORDEN LADNER GERVAIS

Ta lk to a member of our National Student Recruitment Team.

CALGARY

MONTR~AL

OTTAWA

TORONTO

VANCOUVER

Colin MacDonald

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604·640-4176

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Torture is not criminally sanctioned in Serbta or ~lontenegro. Over the past ten years, authorities in these countries have not adequately addressed allegauons of torture and maltreatment against the police, and \'ictims arc routinely denied access to justice and 10 anv compcnsa · twn. \f.1ny officers against whom com plaints h:t\'1: been made continue to work in the police force with complete impunity for the alleged \ ioiations.

Unc.ler the auspices of the International Legal l':etwork, Amnesty International (AI) has begun a longterm campaign to raise awareness. The initiative is a part of ongoing efforts to loblJ\ the governments of ~crb1a and Montenegro to criminalizc torture and to remove the statute of limllations for the crime. Tornrre is a heinous crime for which no resp1te should be allowed in domestic or interna tronal law. t\1 believes that in the case of Serbta and \lontenegro, the lack of a speofic crime of torture in national legislation, combined with a very limited claim time under these countries' statutes of limitation,

has allowed the infliction of torture to continue unpunished. ·1o date, the Serbian gO\·ernment has failed to comply \\ith the '\.0\. 1998 recommendation of rhe (L "J Committee against Torture (CA'J), to comply with the th'\

Com•mtio11 ,,g,,inst Tort11rr and other Cmr/, 1nbllfntlll or Degradill.?, Trea/mmt or PNmsbnmrt ("Torture Convention''), and to make torture a specific crime in its nauonal law. Besides CAT, other ll\ bodies 'and mecha· ni~ms have called for the creation of a specific crime of torture. For example, the U ' Commts$ion on Human Rights has repeatedly stressed that, "under article 4 of the Comcntion [against Torture], acts of torture must be made an offence under domestic crlrmnal law." ,\[o~t recently, tn May 2001, the CAT found Serbia and ~ lontenegro, then known as the FRY (hderal Republic of Yugoslavia), in violation of Its obligations under the ( onvenuon against 'lorn.rre in the case of \ Wan Rlsti. The police stood accused of killing Rlsn on Feb. 13, 1995.

In light of these facts, the AI Law club will be joining this long-term international cam· paign to pre$surc the governments of Serbia

PLEASE SEE "DRAFT" ON PAGE 17

LEGAL ISSUES

10 FEBRUARY 2004

17

Searches, warrants and official secrets PROFESSOR KENT ROACH The focus of most criticisms of the recent searches of reporter Juliet 0''\.ctll's home and office has been on their dangers to freedom of the press. .\luch has also been made about the nun1ber of "-1ounties involvcJ in the searches and that one of them went through 0'1\eill's underwear Jrawer. These emotive clauns, however, do not do JU~ncc to the many complex systemic issues :trising from the case, especially those relating to .\[aher 1\rar and the scope anJ enforcement of Canada's security and secrecy laws.

The ftrst is that the search was conducted under a search warrant authorized by a justice of the peal:C. Were the grounds to justify the search adequate? \X'as the scope of the search sufficiently particularized? \\'c will not know the answers unless and until the supporting affiJavits sworn by the pohce are made public. Unfortunately, many studies have shown unconscumable error rates of 40° o on \\ .trrants. If the warrant process docs not work, peopk· will not be protected from unreasonable searches.

'J(> obtain a \l:arrant, the police must establish reasonable grounds to bclic\C a crime has heen committcJ. The crime alleged in this case appears to he .a violation of section 4 of the J rfllrity of I'!Jormatioll Art-the expanded version of 1hc Olfidt~l (',_.,...,, ~rl-<-nac t cd as part of the o1nnihus Anli·ltrrrmsm Act :1 few months after the Sept. 11 attacks.

Section 4 was not changed in 2001 del>pitc manr prior criticisms by judges, commissiOns, and commentators that 11 was too broad. It applies to the possession of many secrets and the communication of secrets in a manner prejudicial not only to Canada's ~afcty but also its interests. One of these interests is Canada's security and intcl· hgcncc capabilities. The leak of information rclat111g to Arar could fall into that category.

One of the ~lounties apparently told O'.Neill that she might be chargt·d. This is technically posstblc as section 4 applies not only to leakers but lcakces who possess and communicate secrets. There is no cxcmp· tion for leaks in the public interest, often made by the press. Parhamcnt should .con· sider adding one such exemption at the three-year review of the Anli·ttrrorism Art which must start by the end of this year. It is also possible that the courts may f111d that such a prO\ision is constitutionally required and perhaps even carve out some exceptions as it did with the overbroad child· pornography law.

The target of a search warrant need not

be the target of a cnminal 1m cstigation. It now appears that the \lounues :.earchcd other locations befort• 0''\lc:ill's house and office. This \vould be proper as the state should try to ad\·ance 11s lq,>itimarc interests in fmding and charging the leaker without unnecessarily burJcning freedom of the press. But freedom of the press docs not provide an absolute unmunity from se:uches.

An) charges under the Jmm·IJ· ~/ In/Omlalion Art must be approved by the a~torney general of Canada or his Jeputy. ln this case, it \\.'ill likely be the Jeput), :ts Attorney General lm·in Cotler has recused himself because of his prior actions on behalf of Arar. J\lthough the Cabinet can be consulted, it would be inappropriate for it or the pnmc minister to dictate a prosccutional decision to the attorney general or his deputy. At the same time, the public has a right to know whom to hold accountable for such decisions.

E\ en if there were reasonable grounds to bcline that a reporter \\ere guilt) under the Act, tt would be a' legitimate exercise of prosecutorial discretion to not charge the reporter. lt might be more appropnatc to charge the k-aker should his or her 1dcnmy come to light.

Criminal charges against either the leakcr or the leakee might make a public in~lllry into the Arar affair more d1ff1cuh. This woulc.l he: unfonunal<' as a crlllllt\>\l ca~e mighr not explore the sysrcnuc ISstli..'S involved in a pernicwus leak that seems designed to try w Jiscredit Arar \vith in for· marion perhaps obtained from him while he was tortured 111 Syna.

The 0"\eill search raises many questions for the parliamentary revit.-w of the anti·ter· rorism laws and an inquiry into the Arar affair. We need to rc\isit our secrecy and security laws as well as our ncu· security arrangements. The ,\lounties seem to ha\ e taken the lead 111 security matters despite the McDonald Commission's recommendations that they were not suited to the task and continued concerns about the adequacies of the ~lounties' watchdog.

All of these press111g systemtc issues arc not likely to be explored or answered in criminal prosecutions should they eventually emerge from one of the more infamous searches 111 Canadian history.

Kmt Roach, a Professor of Lau.• a/ the ( mnmty of Toronto, is /be .JIIIhor of" September 11: Conscquencts for Canada (MontreaL· McGri/Qttrrns Press, 2003).

Cutting the baby in two: How federalism hampers progressive environmental law

BY SVEN HOMBACH

According to Paul Muldoon. hxecuU\ e Ducctor and Counsel for the Canad~<'ln I cdcrah:.m 1:. the modern mcarnanon of F m1ronmcntal I .aw A~sociatton, ..It can he St.>lomonic Jusnce. Kmg Solomon, when s.ud that propert}' and cinl nghts are the faced with two \\'Officii fighting O\ er a prm111cial cqutYalent of the federal pcacc, }Oung child, suggested cuttmg the chtld m order, and good go' crnment." Botl1 the two, thtL~ d.iHJmg the.;· mf,mt t;\enly. On federal and ptrl\ 111aal gO\ crnmcnts thus futJ thcmseh-e~ in mttrk} v. atcr-; as the\ hearing this, the real mother, who trul} c.trcd about the duld, \\ lS \nlling to ~l\c it fight m·er jumdtcnon. Between the t\\o, Ottawa has a rougher cnsc to meet. as the up.

Supreme Court Ul CI'QU1t ldlaba,h held 'l11e creation of a suh~tanthl number of that under p.o.g.g., an bsue has 1<1 be sin ettun1erarcd prm·incill and federal pt)\\ t r~ gular and indivisible for federal heels to m .;ecoons 91 and 92 ll1a\ ha\e heL·n intended to create \\hole cluldrcn tlut can step on provinoal toes.

In the recent dcosmn of Spr<!Jitrh t~ be clJUUahir alloc.ued accordmg to accept ll11drnn. the to\\n of Hudson u.cd tts td practices of famil} law, bul emtronpO\\CC to enact general h\ Ia\\ s for the wei mcnrallaw doe" not fit Ill to th1s scheme of fare of Its onzens. 'J he b~ bws banned the distributn·c JUSOcc. It seem~ dtat 111 the.; use of pesuodes on priv-ate properues, struggle mer issues of em;ronmental regundoubt..:dly to the dchght of onze-.qs who ulanon, C\·e!} bod} \\Ould rather walk had lost house pets after the anunab had home Mth a shce of the child. History taken '<troll, on netghbours' dandelion-free repeats ttself, but the mother instmct has lawns.

The law was challenged smce fcdcr \\a ned.

In lhe United States, lh~: Lnvuonmcnta\ al rcp;ulauons \\Tte a\read' 111 place. The Ptotccuon \ •ency has <;.rCJtcd ·.m extc:n- court found the enactment 10 be c\car\-s m .:u lc chc em~' junsd"hOJI. und rdied 011 sn c Framework o f um ticd H 'p,UiRt ion Sen1ce pn>vld{rs m Ca.nadJ, on tlw othr.:c the "unposSlbilirr of dual compbance" hand, are facmg a mtshnush of regulaiJons Joctnne latd down 111 Mnliiplt lttr.:r to makmg cxpanston be)ond prminaal bor- uphold rhe enacuncnt. Smce a cozen der-: a b\\)t:rl} feast. More than 100 \'C,Irs could compl} with the federal .t.: well a~ ago. John Stuart l\lt!J noted thar "local rcp- the municip.tl la\\, the court did not sec a rescmari\ e bodtt>.S and theu officers are problem. !'Or ennronmentalisrs, thts CJn ahnosr certain to be of a much lo\\ cr grade only be seen as a laudable Judgement, as it of 111telhgcncc and knowledge (than feder- creates v.h.u Paul Wetland refer<; to as 3 al ones]." Ha\ e we 0\ r:restunated the need "floor, not ceiling" model, in "htch the 5trictest of a number of rcgubnons wtll for prm1ncL1ltm oh·crnenr?

Pr0\111CCS are strange creatures indeed. gmern.

It may be s:ud that thl' Supreme Court A quick look at Rtmd \kf\rJ/y lca\CS no doubt that thcr \\ere created \\lth a sooo- 111 ( rown ltllnbuth had rhe .:arne opuon pol!ucal ruler and stratghtedge. Their arbi- available t o it. yet the Court chose to pl.tce trary cutoff pomts result lll m-gotiauon the onus of proVtng 'mgul uity and tndi rather than Jeliberation. \'\ c arc now faced visibiluv on rhc f.:deral gO\ernment m o rder ~ot to up~et the power balance. \\ ith the reality that em ironmcnt.tl con ccrns do not fit nice!) into these cutoff Shorth thereafter, Justice Le Dam :u.:ccpt potnts, and bL1undam·s arc seldom rectan- ed d1at the difference bern een fresh\\ ater gular unbs the} are made of steel and .md salt\vater fish \\':IS suffictent to meet concrete. The fathers of the (.onniiNiiM th.t~ onus. Em ironmcntalists can only Aft, 1867 did not gi\·e cm1ronmental hop e that the subject of salmon (a S3lt\\ -a tcr fish 1\'a \ ding into fresh water to spa\\ n) 1ssues an} thought. and not a single pr0\1 ston m ecuons 91 IUld 92 addresses em1· \\ill not be raised before the court an) nme soon. ronm ental matters absent economtc con nections.

Draft legislation in the works LENCZNER SLAGHT R OYCE SMITI I GRIFF IN Learn about student opportunities and becoming an

a:lvoc:ate by visiting www.lsrs;J.com or contact Perry Hancock.

Student Co-orcinator (416.865.3092 or phancock@lsrs.;J.com).

130 Am.llrE SMET \Vm, Sr.m 2600, TORIMO, O>miiO M5H 3P5 1'1«M 416.865.9500 F~mMJU416.86S 9010 li'I'I'.!Sl"t'.w.r

"THE SPECIFIC" CONTINUED FROM PAGE 16 and Montenegro into introducing and trnplementtng legislation which would make torture a specific crune, based on the definition of torture set out in the Torture ConYention. ·The club will also work to ensure that sufficient investigatiYe mechani~ms arc put in place to end immunity for torture.

The ;\lontenegrin parliament is currently cons1dering draft legislation that will make

torture a specific crime, and is expected to pass the legislation soon. 1be government of Serbia is encouraged to do the same.

Durmg the last week of February, we will be signmg letters in support of this cam· pa.tgn.

Thank you to everyone who helped in our successful January campaign. A total of 79 letters were signed and are on their way ro .\lcxi~o in support of lawyers defending rights of the people in Oaxaca.

DIVERSIONS

10 FEBRUARY 2004

Networking helps build a career in law.

That's why

r~HI/~.

I Joining the Canadian

Bar Association makes you part of a national

network of some 39,000 lawyers. Meet other lawyers in your community and your specialty. Share ideas. Get involved and raise your profile.

Learn more about common issues and be part of the solution.

A great way to

network- just one of

the many reasons to join the

CBA.

Vi sit us at www.cba.org to discover more.

19

It's ·life, and life only1 Joyous Valentine's Days b~ yours! death, this is the kind of existc:nual fun that Bob Dylan circa 1965 must\ c had crafting his masterpiece, "It's J\lnght, ,\Ia (I'm Only Bleetlmg)." This fiery. wordy, tlangetlmtrnsr fifteen-\erse and sncn-minute thought piece calls down all that ts gimcrack, cheap, controlling, ant! false m tills world-:tny thing that can trample a good guy's \\'lll to freedom. Institutions like The American Dream, money, :;oul-hanlening W()rkweeks, organized religions, political office., and law tlo not escape attention. ,\nd yesiret.'-iy-ee-iy-ob am't there just somrtbin' about the \\~l)' people phrase pottry aloud that mm·es you nt(Jrt than anything the strings of \Vords alone might mean.

Bob Dylan's words can make you feel. That is, if sung by Bob D)'klll (although Jimi Hendrix substituted to gi\-e you that feeling, quue nicely!). And this loooong ditty which'dmays'dwelluhbtn called, "] t's Alright, Ma, But You'd Still Do Well To G1ve l t A Second Thought,'' this masterful performance wea\es an uncompromisingly dark feeling, a dark tone so daTk that 10 the first verse, at the break of noon, Darkness:

BY KEN STUEBING It's cold, cold. You don't need :1 wt•atht•r man. Cold. \'alcntint•'s Day is alway~ 11 funny time of year. After a brutal, bleak J.muary, stuck in~it!e the middle of ;mother knockout t!rcarfest of a cold month in this great northern land, 1tntl really, n t:r} thing 1s basicallr Dead.

anyway? So you think you can umitl being a source of renewal and egeneration on this Earth? ~ell, -pit, in some f,mmortal words from Thm \\\its, "We're 11.1 gonna be just dirt in the ground." And ain't it the truth? r ou can refuse to help thmgs grow while you Exist, but we're all still headed in one way t'wards our f~ts.

And on qur v."J.y out. bub, tl9n't forget to fertilize some florae!

As you're about to discover,'f10 one better captuies that discomforting, jr-lu-soisquoi attraction of cftemplaung death 10 one's earl) li'felime tllan 1965's @ob Dylan. \X'Jred, wiry, weird, and ~ry Bob Dylan.

Manic, maniacal, aoo maddening!} vttnolJc Bob Dylan. 1f you've ever seen Don~ Look Bock, D.A. Pennebaker's classic documentary of Bob Dylan's tinbealthy o-weck I/ '65 tour of England, y u'll well remcm~er this scene. lie's antagoni:nng a Time ,' \l.ogumc reporter about ho\\ diNsociated tts writers and editorial standards are from 'the truth'-which Bob Dylan was, seem ingly, perpetually rav10g on about in the heady 60's. He ins1sts that TIME Mngazme has too much to losr by printing the truth, like photomontages of a tramp vomiting alongside a CEO smJiing. The truth is surely something that would turn off a cenam doss of people who take 'J'L\IE "tagazine smtllti/y, who want to know what's going on in the world only in small, week-by-week parcrls. The metl1a simply put. t 'T"'(JI/t on, for one more week. And as ]9c:. Strummer ' sings: "Well the people must havt: some thing good to re-ead, on a Su"iJ'!)'l "fmmmm." lnteresttngly, Bob Dylan (who, evi dently, really dislikes the reporter across from him) continues:

1

1

Bob: You're going )Ou're going to go off the Earth: you're gomg to be DMd. It could be m-cnt}' years, it

ema halls in 2003's delightful and true, Mosktd and Ano'!)mous). Depnved of riotous nights out, thereby would things suck for you and for me.

Come gather round people on March 19th (one night only!) at Ricoh Coliseum, find th't th 1llll (and his terdfic band!) iill has his -'ttd, po\Oets to c romand a respectful ear\ Less a poet these days than groovy rockabil\y minsu:c\, he's embarked

Performances- of this song alwap raise .a mighty cheer from we wet• rabble at the end of verse six (hcrt• in its tlurn'd fine t'tlrirety): locked. The young poet hurtled he-Adfirst ro the pa,·ement. I nding fractions of an inc.h from death, se1·eral bard ,·ertcbrac' shittered as if r~ he p css re of ~cnt years' impossible pace, and u was all on:r now in one crashing, cataclysmic climax. l\o\\, if you look at his above-quoted, pretcnnous rap, or any other of hundreds of J Bob pY,lan observations on related subjects, you recog· nize a man who is deeply, projou11dfy mystified by Death.

b l d 1 Bo Dy aH, your OWH eatrt,

could be tomorrow, anytime, so am I. \\'e're jus joing to bo~rmt'. The world's going tog< n without us. ~o\\', you tlo your job in the face of that. ant! how seriously you take yourself, you decide

I Jere, sprawled on the road, Bob Dylan was inches from gi,·ing us a martyr's tlt·ath, a death that everrone was clamouring for. He could ha\·e

for yourself. ant! I'll decide for 'l'\)'Sclf.

Ant! you're not gmng to rna me unhappy by nything ·ou pmtt about m~ it's just, you couldn't ri]tmJ me. \ntl I'm sure I couldn't offentl_yotl.

been an immortal. A "hero."

Reporter: Do you belic,·c tn what you're saying?

Bob: How could you ask me th;lt ques tion?l \\'ould you ask the Rtolln th:'lt question?!

Bob Dylan, your own tlt•Jth, your job in the face of it, and how seriously you take

too much confusion, I can't get no rehef; but power, reed, and corruptible seed, seem to b~all that there is (and most 1 importanrJfr of a~· Y s ant! ·o who P,hl / losophize disgrace, and criii-tt·cizc all fears, taaake the rag away from your face, now oi11 ~ thl ti111r for your tears.

Got that?

the fiace 0{'J it a11d J l k lf lOW seriousy you ta e yourse : These are l11LJ10rta1lt tonics, if 7 f l you rea ize f your j'Ob

been bad, m'kay, because I would never have gotten to see the :'\ian no three llmt 'n'-counting, no llt!J· Premature death also would have meant the tru._~ic non-existence of I <J6<J's down-home fan-favorite, Susbtilk .1'/g·lint.

Bob Dylan would be mouldy quotations in history pages, homework I didn't do, not some awesome, sharp-crackm,' swaggcrin', shimmym' D11dt dogwalking all <m:r '' rock 'n' roll stage (or. if you will, lighting up cin-

L11

I

I really could go on :;hamclcssly arranging classic lines in llnll·.rrq11i111r fashion, but why? Like you, .I'm only bound to death, anyway. Ltke you, hke me. \\'e're all gonna be there. \\'hy tlo anythtng? "tc, this i~ the kind of \'alentine's cheer I'm brought to in freezing February colt!.

Woo. Existential fun. .\leaning and meannes~ in the fact• of

t

While prt-achers preach of evil jatts Tt-achers teach thai knowledge llmls s;sn lead o hundred dollar platu Goodness hides 'behind us gatu But even the prestdent of the Umted Stulrs Sometimes must have To stand naked.

Er, are you feeling him~ \\'c arc fleshy mammals. Our ambitions, money, knowledge, property hoes, and powers ;tre so much clothing for our naked ape truth. 'li> wit, Bush-or-Chimp aside, 1f you really imagine Dubya w-ith no clothes, the drive to nuclear extinction seems a little less satisfy-

mg. ,\ perfect seventh \'erse resounds loudest in our zany-mass-media drenched-age, Bob Dylan wising up the marks: Ad,·ertising signs that con you Into thinking you're the one That can do what's never been done That can win what's never bet·n won Meantime life outside goes on All around you.

If all we haw to ourseh-cs these Jays is the telc\ision (and commercials) we share

PLEASE SEE "THEBARD" ON PAGE 21

20

DIVERSIONS

ULTRA VIRES

DIVERSIONS

10 FEBRUARY 2004

21

FASHIONABLY YOURS

SMORGASBORD

Fashion zombies: the 80s walk again ... sigh

BY JUUA GUARAGNA

Some trends should be sent to the f.1shion grawyarJ as soon as they arc born. Thl· The thing about fashion is this: some- fashton gra,cprd is where fashion goes to tunes it go<.".!< horribly awry. ::-:ow, I . lm·c dit-although, much ltkc soap opera clurclothes as much as the next girl (or guy)-1 acters, no style ever rt.-ally slap deaJ. This refer to my shot'S as my "friends" and I get maxim hit home recently when I found all hot and bothered just looking in the win myself contcmplaung the purchase of large, Jo\lo at yummy, dchcious, precious Jtmmy plastic turyuoisc c:trring~ anJ a torn, off Choos. f IOWl'\·cr, I must admit that somc- the-shoulder swt-atshtrr al:t Hashdancc that made me look hke I'd dressed up in costume umc.-s what's U1 style is ju~t plain fuglr.

Thts ts not to be confused with clothes as someone living in the l-arly '80s. that art• hoth fugly and unfashionable, such This brings me to the ftrst item on mr as loafers with tnsscls and the mandann-col- \\-ish list of looks that need to return to rhc lar drc:ss shirts. Can all men just agree to fashion gmveyard: rctro:etghties gone too £u. stop Wt.-aring them? Is that too much to ask? I understand that in fashion, everything old is It\ 2004, for crying out loud. But I digress. new again, but let's set some boundaries. I There will always be stylistically challenged mt-an, it is one thing for big earrings and big people w·.mdcring our streets, and it is hair to enjoy a re\i\'al (I'm all for that), but it incumbent upon all of us to help them tran- is quite another for big shoulder pads, big scend the pure, unadulterated hideousness polka dots, and long, belted acrylic sweaters of their clothes. ,\fy concern here is not '"1th gcomctnc shapes to make a comeback. these poor, visually offensi,·c souls, bur the Designers and retailers just don't know when rest of us who are actually trying to keep in to stop when it comes to re\-iving the cighncs. step with the fashion times.

The second item on my wish list is the What happens to us when fashion simply Manolo-t71m-Timberland pointy boot. I know goes off the rails? \\'hether you're a fashion I mentioned this boot last month, but I need fanatic or merely someone who makes a to spread the word as much as possible. This conscious effort not to look appalling, fash- is £1shion footwear at its worst-a boot that ion will sometimes screw you o\·er. It's hard simply nc,·er should have come into being. enough to keep up \\.-ith the trends; when As for unfinished hems and the decondesigners and retailers start throwing ugly structcd look: to the graveyard, I say! Also in clothes into the mi."-, it's a veritable mine- need of extermination: those eightiesftc\d-<>nc wrong step and you go from inspired pink and gray, wide horizontal cute, trcnc.ly girl to fa~hion victim striped swt.-atcrs that are absolutely every-

Whether you're a fashion fanatic or merely someone who makes a conscious effort not to look appalling, fashion will sometimes screw you over.

UV FOOD REVIEWS where; 0\er-thc·thigh boors; the denim mini with shrcddt.·J hem; and mismatched p:mcrns (which arc supposed to be big this spring).

I'd also like to launch a pre· cmptiH· strike against two looks 1 hope and pray w11l not come into fashion. First, that horrible gold sct1uin headband N1colc Kidman wore tn her hair at the Golden Globe Awards.

Second, the nurse-uniform-meets· Bnde-ofJ rankenstein disaster that Gwen Stefani sported at the Awards.

There arc a few other items that I'd lo\'e to send to the fa.~hion gra,·cyard, not because they're inherently ugly, but bccau.~e thcy\·c worn out thetr welcome. For example, the supcr·low-nse jean. This jL-an has simply been too ubiquitous for roo long. I ligher waists have slowly been creeping back into fash1on, but super low-rise is still a dominating trend in dentm. The problem is this: if you have htps, or arc over 30, these jeans are not for you. I'm not suggesting a return to belly but· ton h1gh jeans, but surely there's a happy medium? (As a side note, if you're gomg m insist on carrvmg on the trend: super-low rise jeans require super-low rise thongs.)

Another example of the "cute at ft.rst but now awful" phenomenon is the imitation Lows \ wrton purse. Frankly, this purse has gone beyond f'tJJsi and entered the realm of embarrassing. Repeat after me: the charade is over--everyone knows it's fake. Don't be

PlEASE SEE "BEYOND" ON PAGE 21

Constant craving

BY CHRIS ESSERT

Haute Canadiana: Canoe believe the view!?

BY LISA CAVION Canoe 66 Wellington \X'csr, 54th floor

like at all quality Korean restaurants, you get the free hi11cber (which are typically cold, pi~kled little side-dish things) tn this case spier pickled cabbage, potato salad, and tofu with a delicious soy-based sauce. And, you get rad!sh soup.

Omner for two with all of this for under 20 bucks?! How can you go wrong?

Joons Korean Cuisine 605 Bloor \\est (at Palmcr~ton)

***** Pear Tree 507 Parliament (south of Wellesley)

**

I'm always on the lookout for new restaurants. .And it's not just because I get paid to re\'iew them. Prone to making blanket stateThursJay night, I went out for dinner ments as I am, I've often said that I don't with a friend of mine, a guy who graduated like going to rhc same restaurant twtce.

Now, obviously that tsn't true, as I like the from this school last year. Our friendship tdea of ha\'ing a place that I like enough to was sparked by our common interest in make it a sort of regular joint where the finding cool, out-of-the·way, not toopeople know me, but I don'r see why I expensive dinner places, some of which I've would go back to a place that doesn't have re\'iewed in this publication, some of which that appeal when I could go somewhere I\·e yet ro re,;ew. We'd been talking about going out to some of these places for a new and try to find that appeal. while, and Thursday was the big night.

Clear?

Unfortunately, our fm;t choice of restauSo last week I went to two new places.

On Wednesday night it was Joons Korean rant had recently had a fire in the kitchen.

Cuisine. I'd often wandered hr this place So wL were forced to walk down the street and wondered at the stew-looking stuff that to Pear Tree, a httlc neighbourhoo dy everyone seemed to have on their tables. bistro-type place on Parliament in the heart \'Veil, ir turns out that it's not stew; but rather of Cabbagetown. 'lo bt perfectly frank, my a spicy sweet super dchctous chicken stlr-fry first taste of Cabbagetown could have been type thing, chock full of chickcny, sweet hener. l don't want to he un(au: the foodpotatoey, cahhagt·y goodness. steak, fnes-was good, but 11 ,~.tsn'c ;unaz· Joons has a fairly broad menu with the ing. lt also might not have helped that twosame sorts of things that you sec on the thirds of our party was drunk from the free menus of all the places in Little Korea booze after the Goodman lecture. The Pear (which, by the way, is on Bloor from Tree has got a good winter special on right Bathurst--<lr arguably Markham-west to now which made it more worthwhile, but Chnstie), things like b11/gogi. and pork bone generally ~pL-aking, this isn't the kind of soup and bi bim bop. But e\·eryone there place that I try to bring to the attention of seemed to be eating the same thUlg. The mr loyal rcaJcrs. If I lived in the area, I speciaL And is 11 C\'Cr speciaL They bring a might drop by once in a while, but I wouldpan filled with water on a hotplate to your n't make the trek out cast just to go there. table and then they bring the chicken over So stay tuned. because in the next issue, raw and you watch it cook on your table I'll be sure to bnng you a review of somefrom a sketchy-looking mass of raw chicken where crazy different. into a truly c.lclcctable Korean treat And,

**** It was supposed to be the meal of makebelieve maturity. A \X'intcrlicious promotion-lunch at Canoe for $20!-lured us to the downtown lair of lawyers and bankers on the 54th floor of the TO Centre. I was determined to pass as a mature-and reasonably soh·enr-young lawyer enjoying a wcll·dcservcd taste of decadence with a \·i.e\\: I hid the gym bag on campus and threw my textbooks in my locker. I even pulled on my best (and only) all-black, "Yes, I am too gonna be an \mA, un hunonh" suit.

"Lisa, vou know you'll never be able to pull it off," he said. "\'\e'll be found out before the third martlnl."

Wtthin 30 seconds of our arrival, I had knocked the business cards off the sih·er tray on the maitre d's desk and tnpped over the taupe-coloured runner carpet So much for beha\'lng like a grown·up.

But Canoe's delights arc best enjoyed with childish glee, or, at least, as sophisticated a version of childish glee as you can muster. Gawk away at the stellar \iew of the harbour-just comment on the tension between the inc.lu5tna\ h:ushncss u£ the snow-con:rc:d rail yards

1111<1

clw peaceful

ness of the sunshine:~ plar across rlJC icccovered harbour. Don't fail ro squeal at the green-tasting gin in the martini-just say "Hendricks Gin! I can't believe they have that here. I never thought I'd taste it a~ain!"

The restaurant's glass, warm wood, and chicken-wire decor pbys on hu11/r Canadiana, echoing its approach to ingredients. A marvelously sharp cheddar chowder is splashed with Creemore Springs lager; a fresh but otherwise unremarkable m1xed salad is labelled as made from specifically " orthcrn greens". Perhaps if they had stuck to the local theme they \VoulJ have

picked a more flwourful alcohol than the champagne supposedly spiking the champagne-mustard dressing.

Canoe is one of the few restaurants participating in the Winterlicious promotion with a vegetarian opriol} on it~ thrcc·coursc prix fixe menu (check out http: //\\'W\\:city.roronto.on.ca /spccial_cve nts/ winrcrcity/wintcrlicious.htm for a listing and menus). Egg ra,;oli stuffed wtth spinach and goat cheese arc perfect little non-carni,·orous pillows. \Vild mushrooms prO\-ide a meaty texture to balance the decadent gush of swirls of spinach sauce with extra goat cheese. The complex sauce of pine nuts, chunks of roasted pepper, and ul dmte squash cubes accompanying the other main was splashed \\ith sherry (more alcohol!) but scented b) rosemary and pepper.

The tender capon breast accompan}ing it was described as, "\fmmm ... weird ... but \·cry, very good ..." fortunately, our drooling noises were pretty much drowned out by those of the other tourists and business types seated around us.

J\h, but the greatest test of maturity is always dessert. It was \\ith enormous selfrestraint that neither of us actually fought over anything, or phpically licked the plate, or ruined our dinner by ordering ~cconds.

Rice pudding played the caramelv.ed ~ugary crunch of creme brulce topping off the tcxrura\ contrasts o£ wi.\d rice and smooth, hea•)' cn.::IJTI . •'io what 1f che ·'PJn·<i pear slice looked like a bright red hunk of sashimi? \\ilth frwt, the dessert could almost pass for a wholesome breakfast. l\.o such masquerade for the chocolate ganachc cake, though. Two incredibl\' rich, den~c slices of barely lca\·cned ch~coiatc were paired \\ith peanut brittle and pistachio ice cream. \X'hcn we added our cocktails and coffees to the bill, our $20 Winterlictous lunch ended up costing us nearly twice that Such adult delights rarely come cht·ap. \X bar I really need nO\\; though, is a grown-up expense account.

l )

The bard sings on "IrS LIFE" CONTINUED FROM PAGE 19 in common, how much more unreal could life get? If commonness is dcsptscd, we might all become too busy shpping on "B" cun·es or reaching for shiny gold stars to sec "the truth'' of our mortality and of Earth's beautiful fragility. \X'e mtghr lose our srlc•u, too, lose our way in a sea of someone else's concoction. A false fate of selfishness, delusion, and individualism would sever our humanity, would keep us inside little boxes of fear. And me, well I wouldn't want to suhhmatc (go Ken! Great word!) some ,·ilc propagandist's values, would you?

People on 1Y arc television actors.

E,·en the so-called "leaders!" Actors-qllashystersl Bur you. You arc rral. \Vhat arc you going to do wtth, for, and on behalf of your o»·n /me sr!ft Such a startling question, says Bob Dylan's ninth verse, in your nerves is lit:

I

-

Yet you know there is no amwer fit To satisfy, Ulsurc you not to quit To keep it in your mind and not fer-

gir That it is not he or she or them or it That you belong to.

Phe\\: Legal education is an empowenng device, to be sure. \X'c each drink of the traditions and wtsdom that have to date ordered life outside all around us, and we who see how justice ts played become imbued with our own chances to make changes. \nd still, such clever advertisements in the school paper spur us on a mighty OCI stampede, whereupon if we can shape up just right, we might "fit." But how long can you keep it up?

Sometime long after da;k, verse ten wafts upwards from a desolate strectcorner 'round Bay and Ktng, swirhng in the wind past lonely rows of windows and desks and glowing screens:

Beyond passe For them that must obey authority That they do not respect in any degree W'ho despise their jobs, their destinies Spt-ak jealously of them that arc free Culm·ate their flowers to be Nothing more than something They imrsl in.

The rat race is a long, dark tunneL It's more of a dank chunncl, really. Dreams of French retirement villas lie, like the sweetest mirages, untold distances to go. We're young, and fresh blood is tastiest to all the wtthered old vamps at the top. But, honestly, it seems plain that life is too precious to spend your rime in cushy cells wtth bad coffee and free taxis home after eight p.m. If I must \vork to live, then I want to /m man!

"FASHION" CONTINUED FROM PAGE 20 ashamed. It was good \\ htle tt la~ted, but all good things mu~t come to an end.

It occurs to me that th1~ arttcle isn't all that helpful. You may be askmg )OUrself, "How do I disungw.~h bet\\ccn good and bad fnshtonr' This lS a difficult question. There is no foolproof system, but there arc two strong tndtc:ttors that l'ome ostcnsibl) stylish thmg is reall) hideousnCS$ masquer:tdmg as fashion. hrst, if you think it'~ ugly. 1t probabl) 1s-oo rn:lltcr \\ h.u \'ogut magaztne and John Galliano sa). :Second, 1f Britncy Spears wore it, it's deftmtely bad fashton.

1t pa\s to keep tabs on what the Pnnccss of Pop 1~ "1!.-canng, because the<;e are the looks that )OU should J\Otd under all orcumsrances. l'he Bntne} 's clothes IN ful equanon 1s the closest thmg to a default rule that there IS m fasluon.

+

DIVERSIONS

22

ULTRA VIRES

BIZ SCHOOL BEAT

FROM THE SIDELINES

Trying not to be "yucky" norms; adverts are idiotic and dishonest ful figures.

On the other hand, however, it is imposmanipulations of human emotion to bad sible co dismiss the transformative potenoal ends.

Once upon a ume, But Leadership inflicts the worst emo- of cooperative acnon; the anarchic rndivid had a massage- therapist friend. I now have tional '"'hiplash. First, there's the tension ual can reallr on!} accomplish so much. Nor a friend who is also a bet\Veen academic scepoosm-11/'ha/ ki11d of is ir wise to ignore the opportunity to rem massage therapist. In ro11m is that? I low canyo11 teach ltadmhip, O'!J· per the ine\;rabiliry of hierarchy w1.th socialpart, this is a conce$sion to economics, but MI!J?-and studentish eagerness-Dam11, I ization. If a school can convince future It's also a reaction to embarrassment about ro111dn ~ kad af!YOnt 0111 of a paptr bug! S~n 11/t managers ro pay attention to others' values and emotions, to act \vith personal tntegrity, how wound up I am these dars. "You're too llfJ!! and, as a recenr guest speaker put it, to try ro right! \\'hat are you DOf'\:G to yourself?! " not be yucky," that would be a great and You're so stressed!" she shocked, the lastuseful contribution to humanity. and final-rime I saw her professionally.

Once we're on the leadership bandwagBur it's nor stress, exactly; it's just someon, more big issues remain-like how, and thing about rhe way confusion seeps into a body. Jadedness, chat refusal to be moved, is where, we're being led. Potential leadership a ,..-eight, a taut srillness, and has a certain archetypes range from Jun Collins's humble relaxing inerria. Inspired excitement, on the and dedicated "Level V" leader ro the fnghtother hand, has it~ own ligh t rightness, the ening and rather less low-key Donald quality of a quick, sharp inhale. Oscillaring Trump to, ah, 'Ion} Soprano. Okaaay then! between the t\vo is exhausting. It's like going Meanwhile, as we try to figure out who we from sleep to sprint, over and over, day after want ro be-not, it should be pointed our, a da}. small thing-where we're going is also School is like that, this term-a constant entirely up for grabs. Even something as iniv1braoon between desire and dread. With riallr straightforward as the binary between Macroeconomics, Leadership, and Then there's the issue of the value of good corporate citizenship and good corpoMarketing (sort of) on the go at once, con- "leadership" as an idea. I always catch a rate profit gets entangled in arguments stant disorientation results from ~ranting to wh1ff of Lord of the Flies/ Louis the (echoes of legal process) about whether it is believe and not, and both nearly at the same ).\'I th/crazy military general-ness around "good" to be actively invoh·ed tn creating time. The International ~lonetary Fund leaders. Too much "lone, non-conformist positiYe externalities, through contributions (\Mr} can bring stability to afflicted coun- hero-against-the-system" TV as a child, I to charities, em-ironmentally responsible trlcs~ the l\U1 is imperialist and nco-colosuppo~c. But obviously, lawyers do a lot of innovations, tic., or whether greater good is nialist. hd'¥crts ate consumer education and good and make a \ot of money by being a served by business simply doing "a good dc.\i~btfully \\uc.c\nct elaborations o£ soci.a\ little critical and a \itde suspicious of power- job" at generaong wealth and allowing elect-

Potentialleadersihp archetypes range from Jim Collin's humble and dedicated "Level V" leader to the frigtening and rather less low-key Donald Trump to, ah, Tony Soprano.

ed policr-makers to apportion the benefits.

Or maybe corporate social responsibility is good for profits, after all, .by making emplovees more productive and protecting products' brand equity. It's all ver; confus · mg.

Under the skin of the pragmatic arguments about lcaderslup techniques and tactics, though, seems to be a consistent longmg for instruction on how to be good, an ideological script to guide beha,;our to bliss, or ar least, to the corner office. (This may, or may not, be the same thing. I'm not sure.)

But there's something to be said for remembering that lawyers and execs are paid for our rime and our work, not our souls. And probably not our poor, aching muscles, either.

Note: In the kinda obvious-but-maybeshould have been-said long-ago category: I'm not writing this colurrrn to provide objective reporting, a fair summary of the collective JD/~ffiA experience, a position paper on the future of Rotman, or even a complete barrng of my O\vn little tiny indivtdual soul. But I'm also not writtng 1t to be a poseuse inrcllectuelle, or a hard-hitting journalist, or an avant-garde literary explorer. But I think it's a reasonably honest, reasonabl~ snarky, reasonably reasonable column about some stuff I've been thinking about. Isn't student journalism beautiful?! \Ve1rd columns for cveryoncll

Dear Students,

AHention Graduates:

The 2004 GRADitude Campaign is underway.

You have the unique opportunity to have your gift triple in value immediately.

The Government of Ontario and the Provost will match all GRADitude gifts to student aid.

Please visit the Alumni and Development Office in FA 111 for details or contact Alex Van Kralingen. alex.vankralingen@utoronto.ca

This week I've taken a little road trip from my home on the Yale campus to (as these whack Bostonians call it) the Haavaad Yaad. And you know what?

They're not so tough. In fact, they're pretty weak. Their Dean, Elena Kagan , started talking smack to me about how U of T will never be "Haavaad of the North: After she spouted of some other jokes about Lumberjack and Beaver law, I was fed up. And you know what!?

I decked her! I did! First I shirted her, and then I gave her a nice couple to the chops! And I'm proud of it. Now, who says I don't love my law school!? U of T! U of T! U ofT!

BY KEITH BURKHARDT Truths of the World Yes, I \vas on Jp()r/srcnlrr. Yes, .Jay Onrait read parr of my last colunm on air. (You knm"; the part when: I wrote that his job "could be accomplished by a tntincJ monkey.") Yes, I ha,·e the Yidco to prm e ir. And I stand behind it. Anr announcer should lmm h1s or her joke total to three p1..-r episcxle. Ide-all)~ these three would he \\itty and predictable.

For example, Don ·laylor (on Sponsnet) refers to the Halls Jorancis Houllion as 'The Stocky One" and Chns Berman calls ~lartin I M'lpmnte, ''Shot From". Their jokes relate to the plavcr or game and arc not ~elf deprecating. \laldng comments about your morhcr, or telling us th.tt the "llighlight of the '\iight" is like your children, "all of them leginmate, but 5ome more imprcssin· than others," will only get you on tl1e "Mike 'I<>th road to Sportsnc::t" in a hurry.

Interestingly, Jay's humor works very well in written form. ·!he Mike Comrie phonecall column \\~ts among the:: best I ha\C seen tn months, and comparing Lawrence Frank to Doogie J lowscr was 1mpre·s1\t'. So Jay, lea\ e the complicated hwnour to your hlog, p1ck an old favountc to amuse us t"\·cry ntght, and then, and only then, \\Ill I change my fantasy hoeke) team name (whidt is now "Fire Jay Onnut"').

Let's be cbtr ahoul tlw Jllwt Jackson "wardrobe malfuncuon." \\'hik n 1s the 1110st 'Ji\"oed ncnl in lu '"'1• 11 \\11s tot'"> inap propriate for thl· audrl'llce. The game \\"as on a seven sec< md Jclar :;o CHS should have caught it long before it hit the air. Uur now consider this: I don't thrnk it makes the top ten for most shameful acts of a Jackson child in the past year. Janel dtd not ha,-e "hee Kobe and \!artha" written on hl'f hr~..-ast, and you can st:c a lot more:: skin if you watch tlu: Dallas Cowboy chenk-adcrs any Sunday during the season. hnally, gtven that the EPISoDE.

P.P.S. If you've got a little extra cash laying around, I'm about $498,737 short of bail. Please send it to me! Please! I promise I'll lower. tuition in the future... .JI;

Follies fallout

"i.mgerie Bowl" was playing on Par-Per\'iew at the same tunc, I think the Federal Communications Commission (FCC) has little to complain about. My take is that while inappropriate, everyom· who is now complaining can he tmplicawd for hts or her own mitidoings in the process (u. I l., CBS, FCC, Janet).

In all the hype ~urrounding the SuperBowl, it seems that the long·tcrm mcmorr-challenged reporters forgor t\\'0 ,·cry important f:tcts. Hrst, the Pats cut Lawyer :\lilloy at the end of training camp and reporters jumped on them. Second, ;\lilloy signed with the Bills and proceeded to blow out rhe Pats in the first game of the year. Again, eYeryone jumped on tl1em. \Xfhere are these reporters now and where arc the retractions?

R umors, Lies and Misinterpretations There is a \'J.Ctous rumour that Dean i11 absentia Daniels has added a tt':lm to a law school fantasy basketball pool. ,\ly sources tell me that· a late entry to the pool was named "Han-ard '-orth," and, in another example of fantas} rosters tmiraung life, include~ among its o\·erpaid, under-perfi>rming member~: Dikembe ;\lutombo ($1 7.9 million) , Austin Croshcre ($7.6 mtllton), \\'csley Person (S7.7 million), Anfernec Hardaway ($13.5 million), and Allan Houston ($1 (> million). ,\:; so•m as thirteenmillion dollar man\ in BakcT ts o\\1 of rchah, I'll ,mt:fl n \\,!her pickup!

President Ceorge Bush is alk·gcdl) shooting back at critics by cJ.umtng that improper intelligence i~ to blame for $e\'eral of his mistakes, including the I 'J~'J tr.tde of Sammy Sosa for Harold Baines. Bush, who \\115 part owner of the Texas Rangers at the time, now claims that officials mixnl up the names when tl1ey stated, "Baines has the ability to hit 500 homcrum, and Sosa will he lucky tf he hit!; another twch c."

1

The fallout from the recentl) concluded J aw l·olltt'S 2004 has alrcad} begun. De:m Ron Dantels, the target of man} Jokeli, placed a call to the law sd10ol to lXpress his conc(·rns shorll} after hl·aring of S(ome hncs m the performance. "] ohjc.:ct to bemg likened to Satan!"

Daniels c..xclanncd. ·~ust hc.;cause I am a heartless, soulless \\vuld be advtser to the Bush admtmstrauon, ha\ e lmle red horns c.:oming out of m~ head. and am rcspon 1 hie for the deaths ot many 1..\llC ltttlc kittens, there·~ no reason to conclude I'm a tan. Wait a sec. Soulle ·s. Heartless.

Kittens. Lntle Red Horns. Ummm... I mean, llC\ er mind.''

- Ronanl..tf'

up no", Mci..Jchlut?" he added, apparcntl} referring to C:hief Jusucc of the • upn.:mc Court. Rt. Hon. BC\ul) Mel achlm Most experts had d~..'CI.ucd the latest rul ing by the Court as "checkmate". "The crcauon of the new legal catcgor) of 'guidchnc' gives the I louse of Commons a major ne~ advantage tn tillS m:udt,'' explamed Crand Master chess pla)cr Garr} "-a~parm - Todd Chmurli

Mars law class to be offered next year

r l~1w School announced toda} that It \\ tll offer a !lt'\\ cl.1s~ l1l \Iars Ia\\, begtnning next ~eptcmber. J'he grmnng area of law encompas es aspects of ati\e urle, aerosp.1a: Ia\\, and confltct of law~ (both intcrnati•>nal .md gra,1tarionaQ. '~i'hc .1pphcauoo of established legal concepts, like /m'(J nullius, abonginal nghts, Paul '\!artin's federal gm ernmcnr passed a and international trade rcgulanon arc all bill yesterd.t} downgr.1ding Canada's mari· apphcablc," commented aJmmtstrauon juana laws to mere •·guidclme:;.'· The spokesperson John Waltc:rs. "\\c're t-spechanges reprl-sent the first time cruninal ciallr c.-;oted to e.-;anune the use of the laws have b~cn lm\crcd to the app.1rently A ken forts Ot11m An," he added. nC\\ legal catcgor} of "f_ou!delmc."

Among other tasks, students ~ill be "If you get cauP}U With a few grams or reqUll'c.:d to draft 1\lartLm nghts lcgtsunon, somctlung. that'li cool. But, if }OU ha"c a and detcmnne whether the n:d phnet hould whole pound, that'!; "Cr} hkel} illegal' become SJ.gn:ltOC} to terrestrial treao~ such c..o;;plaincd k\l.int~ter of Jusuce h"''1n Cotler. as the Kyow Prowro4 or th<.: litoty on lbt ';\oll· ..lbc ~a me !?,OCS \\ ith grow operauons, profr.Jtralllm oj Nu.k.lt' wrcapor.s. mote or less;' h~,; ac.ldcd.

"I v .. nl.... a 11 been m\o int~:r l'hnl"l ary The (.."()trrt~ \1 I haH w dZrermmc tile aftaus,'' noted student ( hnsrm ~ Jc n«en nw,1nmg of "gtnddme,'' .t~ \H'II as whtch (II). "I reall} hope \\'t' establish ~omt• ~oH act~ ought to be comidercd illegal. ' of e~changc progrant," she added.

Pohncal an.ll) srs .1rc dcscribmg the bre,r Guest speJkers \HII mcludc :\lAS\ e~.·cnt~ as anot!1cr mow m rhc s<,-called Opporruruty\ Rm er ptlot Sam Hern!otCtn, "game of chess" currcnth being pla~td as \\ell as famous cnmtnal defence lawyer between the JUdtcla~ and the lt·gtslature.

Johnn} ( ochrane. uho apparcnd} has '~\nd nO\V u's ba<.k up to the courtli!" alrcadJ de\ eloped n defence strntcg\ based tl1.c PnmL Mm!Stcr Jubd.uul} annmmced to on one's planet of ongm. a dteertng I louse of Comm ll15. "\\'h·1t's fotfd( 1m rh 1 he C of

Pot laws downgraded to "mere guidelines"

5

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A~L~h'U:

l.ttr!J "'""" Mo, ..., Tr>. 8 k. ,.,..,

9n [OfXZ andlatiJ, 1Jean 1Janieh P.S. Way to compete at law Hey Kirkpatrick, make sure ~ou come see me, when I get back!

23

More Ultra News

Truth and rumours

BY USA CAVION

'I

DIVERSIONS

10 FEBRUARY 2004

.MAX! .J>o,;5 MY

SAN /

L.

~n1e.(

KNow

'/OU'/U.

HERr?

J"ULIU.5 l.S A LAIIIY£"-' SANDRA,~

I THINK \41:: tNow~ TffAT S AGAINST 'IIIE LAW ..

'/OV S"11LL. S HoUL:bt.J, T CoME. UP

•

/ / . - . ....

ULTRA VIRES

DIVERSIONS

24

Ultra News: Not-So-Real News From Around the Law School Faculty Introduces up." for Bridge Week papers In an effort to combat sn1dent apathy, Faculty CowJCil has added the "P-" w the grading scheme for Bridge \X'eck short papers. Professors \\ill award the "P·" to papers that \\"Ould dc~ervc to fail if failing were a rt-alistic possibility.

"One student actually did fail, back ill the t-arly days of Bridge \Xeek," reponed record keeper Cdia Genua. "But he had uied to write an cssar without Usillg anr nouns or words that ended ill ''c". So failing is possible... but you sort of have to put in an effort to do it" 1\ssociate Dean Duggan lauded the change, citing a rwo year study by the law and econ working group on Bridge Week skippage: "I know it sounds wacky, but the data show that our current no risk 'pulse pass or rewrite' incenti\·e structure is not \vorking optimally. Apparenrl}~ the sheer joy of lisrentng to randos lecture for hours on end in a chilly room with poor acoustics and mconsistent Internet access isn't enough to entice students to attend the sessions. Who knew?"

"P-" proponent and former Bridge organizer Trudo Lcmmcns was also defensive about the change: "Hey, don't paint us as the bad guys\ ~·c a\1 tried to make Bridge Week engaging. But if you students can't be

Students rescued from Osgoode electroshock lab

In an effort to live b} the "no competition" philosoph} he champiOned in last month's editorial, UV News Editor Simren Desai has created a No .Ment Firm on Bay Street. The firm will not look at grades, abilities, talents, personality, skill~, or achievements in its h.trmg process. It instead hire based on the roll of a die. Desai insists recruits are "good enough, smart enough, and gosh darn it, people like them." Competition to be hired by the firm is expected to be fiercest among unemployed left-wing acnvists and students ar Florida's Coastal School of Law. Competition among busmesses to retam Desai's legal sen-ices 1s expected to not occur.

'"ill

- Scoli Kirkpatrick

Briefly Noted

=

....

"Merit, shmerlt," says new Bay Street firm

wooed by Timbits®, then damrnit, you'll be compelled by fear."

- l.isa Min11k

Grad House award hopefuls announced The U of T reccndy announced the nominees for this year's Grad House awards, handed out to the Universny's biggest build-

ing·design mishaps. FLB garnered two nominations, for \lost Discoloured Wood Panelling and the presngious Gratuitous Renarrung of a Classroom for its new moniker, the Cassels Brock & Blackwell classroom. Other Havelle House nominations include the Rowell Room for Most Inconsistent Temperature and the \loot Court Room for Worst Chairs at a School where Tuition is $15,000.

- Peter Hawkings ri,... MtJtt Pierce

LangJ.llc dcmes ''bunny suit'' inCident

Sqwrrcl' maukd by Bndgc \X'eek

~p<..lkc:r

D1sco ball hnghtcns Ha\elle \\Ta~hroom

Doughnut Madne"s acrually qu1tc ordcrl)