Ultra Vires Vol 6 Issue 4 2005 Jan

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THE INDEPENDENT

STUDENT

NEWSPAPER

OF THE UNIVERSITY

OF TORONTO

FACULTY

OF LAW

u tra vires VOLUME

6 ISS_U_E_4

JANUARY

1.8, 2005

Provost backs Dean's plan to relocate law school

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SINCE 1999

WWW.ULTRAVIRES.CA

SAC bid to build student union building jeopardized

BY HIlARY BOOK

Both students and staff concur that there

are serious deficiencies in the current space.

T

he historic buildings known as Space for student organizations is severely Flavelle House and Falconer Hall are limited in the current building. For example, intimately linked with the law school's past, some journals must share offices. Usman but they may not be part of its future.

Sheikh, co-editor of the new Journal of According to sources, and confirmed hy International Law and International a memo sent by Dean Ron Daniels to stu- Relations, noted that his journal currently dents last Tuesday, the law school is considshares an office with the Journal of Law and ering relocating to a new site on the SI. Equality, and that there is no good meeting George Campus. The site is located on space available for the journal. Students' Devonshire Street, just south of Bloor and Law Society President James McClary also west of Varsity Stadium. The memo also cited the "frustration" of many students at claimed that the University of Toronto the reduction of the nurnber of lockers in Provost, Vivek Goel, has agreed to reserve September, and said that "this is just a the site for the Faculty ofLaw, subject to the symptom ofa larger problem." approval of the University's Governing Otbers commented that, while there may Council. be enough space, the available space is not Faculty were informed of this developdesigned.for optimal use, or is of poer qualment at the last Faculty Council meeting in ity. Several students cited the washrooms in December, although student members of Flavelle as needing major improvement, Faculty Council were excluded from that while others commented on the design of part of the meeting and did not find out the classrooms. The library is also in need of about the proposal week.

unril

Monday

of \aRt

In an interview with Ultra Vires, Dean Daniels said that the need for change to the Faculty's physical space is the result of planning over the past decade, which has seen significant growth in the number of faculty, student programs and student services. According to the Dean, the augmentation of physical space is the law school's most urgent need. In addition, be said that it is "unacceptable that a school of our calibre is inaccessible for physically challeoged students."

UVINDEX • LAW GAMES, P.3 • EXCHANGES, P.12 • ANGELA FERNANDEZ, P.9 • I GOT BEEF, P.14 • TRANSFER STUDENTS, P.1S • LAW AND LITERATURE, P.20

• PROCRASnNAnON,~2l • CAPTION CONTEST, P.22

to Beatrlce TIee, the new Chief Librarian, the current space "isn't best suited to support student use. Tice said that Qh8nge. According

t.

there is not enough room for computers and printing in the current library, nor is there adequate group meeting space.

The law school administration had been CONTINUED ON P.2

A view from the sixteenth floor of the Woods worth College residence showIng the parking lot that would be home to the new law school. The current law site is In background, wllh the Varsity Stadium field and arena in between.

Law student investigated in bookstore theft Just over half of missing books found stashed in Falconer basement alcove

BY JONATHAN DESBARATS A University of Toronto law student was recently under investigation by campus police in relation to the November tbeft of nearly $ I 4,000 worth of law texts, but campus police say the investigation is on hold until tbey receive new leads.

"At this point in time we're not ruling anyone out," said Sam D'Angelo, Operations Manager for tbe campus police, "But the investigation will not be active until we receive new information."

The books were discovered by UV staff in an alcove next to the UV office in the basement of Falconer, not far from where they went missing. Numbering in

the hundreds, they were meticulously stacked in boxes, placed behind an old metal desk and carefully covered with a blanket.

The find occurred several days prior to publication of the November issue of UV. but campus police requested that UV not publish news of tbe discovery for fear of tipping off the main suspect io their investigation. Following the discovery of the books, police composed a note urging the studeot suspect to report to the authorities, The note, which also made reference to a fictional hidden camera, was placed on top of one of the boxes of books and re-covered by the blanket. UV staff found the blaoket removed and the

note sitting on top of the desk several days later.

"You're on a police cctv (dosed circuit television) camera now," the note read.

"The tapes will be reviewed. Jt is in your best interest to be a man and turn yourself over to either 52 Division Toronto Police or University Police." The note addressed the student by name, but. as the student has not been formally cbarged, UV has decided not to publish that informatioo for liability reasons.

Campus police later learned tbat the student suspect was advertising books for sale io a note posted around the law CONTINUED ON P.2

E NJ 0 Y BEl N G (H A II ENG ED? (j

OSLER,

HOSK~F

HARCOURT

NBNS

2

ULTRA VIRES

Value of stolen books estimated at nearly 14,000 dollars CONTINUEO FROM P.l scbool. In additioo, tbe student was observed by UV staff carrying a large backpack and lurking in the alcove area in the days following tbe disappearance of the books, and prior to their discovery.

Cst. Rob Romano of the campus police, one of the investigating officers, said that while police were aware of these facts, they did not have enougb evidence to lay a charge. At first the police indicated that thc student bad been cleared as a suspect, but tbey later recanted, stating tbat tbey had nnt ruled out anyone.

Administrative documents obtained by UV indicate that 261 books, witb a value of $13,955, were stolen from the bookstore tbe weekend of November 13. Of those, 162 were discovered in the alcove in Falconer. The value of tbe books tbat remain missing is $5,664. Tbe most expensive book to go missing was the "Law of Payment Clearing and Settlement in Canada" wortb $150 per copy. Nine copies oftbat text were stolen, for a total value of $1,350. Course supplements worth as little as four dollars were also stolen.

The student suspected of tbe bookstore theft bas been known to administration for some time in connection to other incidents around the law school, including

incidents at tbe bookstore. Starting in the 2003 academic term, tbe school began to experience consistent shortages of erasers and chalk from the classrooms.

"At one point we were ordering a new box of erasers every other week," said Facilities and Serivces Coordinator Tammy Taylor. There are 10 erasers per box, and each box has a value of approximately $40, Taylor added.

Tbe scbool has also experienced a shortage of chalk in the classrooms, and other items have gone missing too, including light bulbs from the ligbts attached to several of the classroom podiums, electrical cords that run to tbe podiums, and the wheels from a number of the swivel cbairs in FLA, FLB and FLC. "The chairs have five wbeels on tbem and they go missing five at a time. We've gone through about 18 sets in the past year and a half," said Taylor, adding tbat law school caretakers have spotted one student in particular leaving unattended classrooms on several occasions late at night. UV has learned tbat this is the same individual that was under investigation by campus police in connection to the stolen books.

Dean Ron Daniels and Assistant Dean Lois Chiang offered no comment on the bookstore theft.

18 JANUARY2005

NEWS

U of T Law Games contingent executes a "180 degree change"

BY ANDREW PILLIAR

UV editor John Norquay and law school administrative staff peruse stolen books in "ancient" fireplace metres from UV HQ last production weekend. The space was formerly used by UV as storage for back issues.

New school site CONTINUED FROM P.t looking at means of improving the pbysical facilities at the existing site. Dean Daniels retained an arcbitect to develop plans for the existing location based on the recommendations of a Users' Committee report issued in 2002. According to Dean Daniels, many possibilities were considered, and the architect's recommendation was to build on the Laskin library. This plan was unworkable, bowever, due to tbe cost and the fact that it violated various city, university and Heritage Board rules. The historic character of F1avelle and Falconer is one of the key attractions of the current location, but has also increased the difficulty of using tbe existing site. According to Kate Hilton, the Assistant Dean for Alumni and Development, after the difficulties involved in the current location of the school, "a parking lot is a dream come true." (The new location under consideration is currently used as a parking lot.) Dean Daniels echoed this comment, saying that one of the attractions of the new site is that the school won't have to deal with the Historic Board, the city or the university, and that "for the first time, we're in a position where the only constraint is our resources."

Dean Daniels is confident that raising resources will not be a problem. He said that the law scbool first needs to come up with a vision of the project, and then take that vision to "alumni and friends." While "no stone will be left untumed" in raising money, tbe Dean said that there are no plans to use tuition to cover building costs.

The Alumni Association seems to be equally entbusiastic about the plan.

Members of tbe Alumni Council were informed in the first week of January of the relocation plan. President Clay Horner described the proposed relocation as an "exciting opportunity for the law scbool" that is about "improving experiences for future generations of students." Homer said that while some alumni have positive memories associated with the current buildings, "almost all alumni also recognize the limitations of the current facility."

Not all reactions to the plan have been

Student Faculty Council members locked out of meeting on relocation.

positrve, bowever.

The Students' Administrative Council also had its eye on the site as a possible location for a centralized student union building, something the St. George Campus currently lacks. SAC VP of University Affairs, Howard Tam, said that be was "shocked" to learn that the Provost was supporting the law school's use of the site. Tam has been lobbying the Provost on SAC's behalf to set the land aside for their use, and said he believed, based on informal discussions with Ron Venter, the Vice-Provost, Space and Facilities Planning, that SAC was close to being successful. He learned of the Provost's decision to back the law scbool bid from "Everyone [at SAC] was disappointed," said Tam. "It seems like the university is backing down from a commitment to improving the student experience."

The news was particularly surprising for SAC as the Governing Council had recently identified a new student centre to be a significant priority in their capital planning.

SAC has been pushing for a new student centre since the '60s, Tam said.

"It's been on our agenda for 40 years," he said. "We like that space because there will be a stadium built [across the street] and an atbletic centre. We thought a student centre would be a nice tie-in."

Tam also noted that tbere are very few sites left for building on the downtown campus.

uv.

Ron Venter's office would not comment on the matter and referred all questions CONTINUED ON P.6

Looking at the award winners from Law Games 2005, held in Ottawa from January 5-9, it might seem that this year was like other years. U ofT won the Athletic Tropby for the third straight year. McGill won the Academic Trophy for tile third straight year.

The Spirit Award was won by a civil law scbool from Quebec (Universite de Quebec a Montreal, in this instance).

However, these superficial results belie an unheralded cbange in perception of the U of T Law contingent at the games. While previous years Gave seen the U of T team booed by other schools, U of T was a runner-up for the Spirit Award this year, and was presented with a special award by the tournament organizers for being the "most respectful" delegation. Indeed, Eric Baulne, Vice-President (Social) of the organizing committee and a civil law student at the University of Ottawa, described the shift in spirit of the U ofT delegation as "a complete 180 degree change," and congratulated tbe U of T delegation on its "class, respect for others and professionalism all week." These plaudits were not limited to the organizing committee, however. Delegations from both Dalhousie and. Windsor law scbools supported U of T's nomination for the Spirit Award this year, and the co-captain of the McGill team remarked simply that U of T was "so much nicer than last year."

This dramatic turnaround was noticed by returning members of the U of T team as

well. Second year student Kate Stigler to tbese goals this year. remarked that there was a significant differNinety-nine students participated in law ence in bow the U of T team w~s received games for U of T, though several were this year, compared with previous years. forced to return early due to illness or other Reflecting on the U of T team's showing at reasons. In total, over one thousand students tbe closing banquet, Steve Doak (II) noted from 18 universities participated in Law that "there's quite tbe collegiality among the • Games this year, which were coordinated by next generation of lawyers ... still, no otber an II member committee from the scbool can match U ofT's fashion sense."

University of Ottawa.

According to team CO-Captain Keir Much of the credit for the turnaround in Wilmut (0), the focus of this year's delegaU ofT's image was attributed to the co-caption was to encourage participation, to have tains, who set the tone for the tearn during fun, and to convince students from other law the week. "Matt and Keir did an awesome schools "how mucb fun U of T students job," observed first year student Saad are." ln these goals, the results achieved by Ahmad. "We got there, we got back, we had the U of T contingent exceeded Wilmut's a great time." "wildest expectations." Both be and CoDuring the competition, the U of T team Captain Matt Pierce (Ill) were widely complaced first in basketball and volleyball. and plimented by U of T students who particithe touch football team placed second, \ospated in Law Games for their commitment ing a heart-breaking fmal game to Osgcode

3

in triple overtime. In addition, U of T was victorious in the "fun games" held near the end oflbe games, and Kim Haviv (I) placed second in the public speaking competition.

These results were good enough to net U of T its third straight sports trophy at Law Games, though this year's win was by a substantially closer margin than last year's.

However, the story of Law Games 2005 was not all about the change in tbe U of T team. Over the course of several days at the Marriott hotel in downtown Ottawa (a location that was fittingly across the street from the Ministry of Justice, and just around the corner from the Supreme Court), the students participating in Law Games caused enougb damage to hotel property for the organizing committee to lose its $10,000 deposit. U of T was one of the few delegations to avoid any major reports of damage during the games. Organizers are waiting for confirmation of total damages from tbe hotel over the next several weeks.

The organization of the events was not always without incident. Several sports were delayed during the week, and participants were not always informed of directions to their next venue. Compared to Halifax last year, there was "some disorganization in terms of sports," according to Stigler. First year student Kathryn Bird was not impressed at having to wait "five hours for a side serving of Iirnp vegetables and tomato surprise" at the closing banC\uet.

Neverthe\ess, 1...aw Games 2005 were an unqua\\tied

success

~ot:U o{\ Law.

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~

HELMUT

18 JANUARY2005

HELMUT: before you start to coast, reflect on what you did well law school. However, before you go trying to become dean by 30 (or professor by 26-tllere's only room for one Ben Alarie around here ...), a word of caution. Because everyone is settling in during this first set of tests, marks can sometimes be skewed.

Some people will put in little time on these tests, but the curve remains the same. So before you start to coast, reflect on what you did well, what you can improve on, and consider that most penple will have figured out how to function in law school by final exams. This isn't meant to scare you, just to moderate any feelings of unbridled joy or unmitigated failure that you might be having at the moment.

people to get used to expectations (this is true primarily for first years, but for everyone really). Second, some people tend to Feeling down? Health Enables Legal drive themselves through first term until they get their marks (or have an epiphany Minds at the University of Toronto over the break) and realize that killing (HELMUT) offers advice yourself isn't wortb it. Finally, the beginning of second term heralds a number of events to bring people together in non-academic venues in order to get to know each Dear HELMUT; other.

Second year students meet first year I knew I would gel my marks back. I was students, first years meet people from the dreading the prospect of gelling them other section, and third years finally take back. J know they don't necessarily count, that sun holiday that they've been dreambul still.: Then,' I gal my marks back, ing about for the past two years. The key and-I DID BETTER THAN J THOUGHT for everyone is: RELAX. There is nothing HUMANLY POSSIBLE! I think I am the due yet.

The winter hasn't been particularsmartest law student in the history of U of Dear HELMUT, ly miserable.

Try to enjoy this suspended T Law! How can I go about applying for I noticed that this place was kind of, reality of school for what it's worth, while advanced standing in the Yale LLM well, edgy during firsl term. Especially you can. As for the conversation-dominacourse? near the end. evelyone ~as particularly tor, hopefully the return of marks will dull First Year Brilliance prickly and iiber-competitive.

Will this . this person's desire for constant talk. Don't change? Will J get 10 know my peers as get it wrong-it's not that people shouldn't Dear FYB, people and not just as potential job-Iaktalk when they have something to say. It's We're very happy for you (though ers? And what do we do about that person just that when one person ends up talking slightly concerned about your delusions of who keeps dominating class discussions all the time, everyone else is left rolling grandeur). First year marks can be very and thinks they're going to be dean of the eyes. It's a simple law of physics-no two surprising-often in both directions. school before they're 30? objects (or egos) can occupy the same However, there is reason for both celebraSeeking a Kinder, Gentler Law School' space at the same time. tion and caution in this whole "failsafe" experience. Obviously, bad marks may not , Dear SKGLS, Dear HELMUT readers, mean much in the grand scheme of things, "Popular wisdom" indicates that it often Thanks for reading HELMUT. so if you have them, don't worry too takes until January for people to settle in Seriously, we appreciate you. It would be much. On the other hand, good marks can and for a sense of community to develop. nice if you'd send us an email (or a real be a serious shot in the arm for anyone Why is this? There are a variety of possiquestion) some time at dear _helmut@hotwho was unsure that they could survive at bilities. First, it usually takes a while for

DEAR HELMUT

feel pressured. Also, we just wanted to let you know that HELMUT is planning a conference in March. Specifically, March 10. II wil! be on how 10 lake care of your health as a lawyer or a law student. We'll be talking about stress, mental health, and other topics that oren ~ discussed all that often. We hope it will be a good one. if you'd like to help organize the conference, or if you want a little more information, please email us. We really need people to help out, even if it s only 10 draw Q sign in crayon and stick it to someone s back.

We'll leave it out there for you. If not, please mark March JOan your calendar The conference will be free, and we wil! have some interesting speakers and events throughout the day. Just keep it in mind. ..

Good luck with second term!

mail.com, but please, take your time. Don't

"I'm eaqer to apply my paper shredding skills."

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No you're not The law students we talked to said they want to be challenged, and they wa~.tt~ C?ntrilbu~e in a real way' So what do we do differently? We put your knowledge to work, often for c len s mvo ve in mergers a'nd acquisitions securities, intellectual property, information technology, bankruPtc~ r~al estate banking health la~ litigation and more. Interested? Visit www.casselsbrock.com or con ac Deb~rah Glatter, Director' of Student Programs, at 416 860 6606 or dglatter@casselsbrock.com

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6 FACULTY MOVE CONTINUED FROM P.2 about the law school's proposed relocation to Dean Daniels. However, the Dean said that he is not aware of any competing demands for the space.

Within the law school community itself, there have also been some concerns about

the plan. Laura Bowman (II) worried that it would be a waste of past money and effort to move, given how much has been invest-

NEWS

Amicus CUrIae

ULTRA VIRES UV: Do you enjoy working at the law school? ..

IC: It's okay. This place has a 101 of history. The building used to be very old. and would take a 101 of work to keep up. A lot of the trees were dead, so we had a lot of gardening to do.

UV: What do you do on a typical day?

IC: We each have our area-mine is from SL George to Avenue, Harbord to Bloor. Every day we go to these buildings, we're responsible for everything outdoors 011 these buildings. Every season we do different things. We tour the areas and clean it up, picking up the garbage.

The law scbool bas a particularly big area, especially the back part behind the music building. There's a lot of trees and leaves so it's a lot of work in the fall. We use the lawnmower to chop it up and let it compost into fertilizer.

UV: What's the hardest part of yourjob?

IC: The hardest part is in the Winter, having to shovel the snow.

There's machines, but you've got to do the-steps yourself.

VV: What do you like besl about your job?

IC: I get to be outdoors a 101, I like that. Also I've 'known John for more than 10 years. He was a cook for Hart House too.

We're good company, wecan talk together. A lot of things I can't do it by myself, $0 with him I canwork faster.

UV: So this is where you hung out?

IC: This is my office-it's also my I~nchroom.

OV: What's with the aquarium?

Ie: There's a Story behind the goldfish. At Massey ~ they had an outdoor pool there. At first 1 was sutprislld Ji was there, since it's outdoors. Tiley have a pump going tbtciij,Iiitllll building that warms the water. There were too many~. the pool, and they wanted to throw them out So¡' _ decided to take them. Now we keep them belO.The see are also from outdoors. In wintertime it's too so we keep them here, until we can replant them

ed in the existing site. Christine Shalaby (ll) also had mixed feelings, saying that "the new building won't be as beautiful, but it probablr makes sense to create a new space." Regardless of what happens, students want to be involved in the planning process. Faeulty Council member Jennifer Smith (ill), for example, said she "hopes there's wide consultation, not just with the SLS but with leaders of student groups."

You've probably seen them outside Flavelle-e-in the fall. raking Another Users' Committee will be creatup the leaves; in the summer, mowing the lawn around the ed by the University to study the new plans. building. Ian Chan and John Yeung are the law school's The Committee will have student, staff and ~ and together they keep our walks shovelled faculty representation. In addition, according to SLS President McClmy (Ill), the and the ~ f1QUrishing. When nol outside, the inseparable Dean will be mceting with SLS representapair <:an be seen C/1/Oyingcoffee in the Rowell Room or hangrives in the next couple of weeks to discuss ing out in their basement office, near the boiler room. UV the eurrent plan. caught up With one half of the duo, and found a lot more life As for when the first group of law stuf10urishi0g in his office. dents will begin their studies at the new building, assuming the plan goes ahead, Ian Qan, Gre1mds semees there is no definite timeline. But in all probUV: How long have you worked at the law school? ability, current first year students will finish Ie: In total I've worked for U ofT for 18 years, I used to work their studies at the existing location. in Hart House, then in the Trade Shop. I've done cooking at the Nonetheless, the Dean is bopeful that by the Oreal Hall in Hart House, which used to be open for students. <Adrian Liu time this year's graduating class has their There I was malting pastries. At the law school, I've worked for five-year reunion, it wi\\ at the new \ocatIuee years alo!Ig WIth ]oIm Yeung. tiQn, \n a new bui\dmg.

NEWS

18 JANUARY 2005

School welcomes new director of admissions, financial aid

BY JONATHAN DESBARATS The law school has a new Director of .

Admissions and Financial Aid. Mai-Anh Giap, 32, replaces the recently departed Fayyaz Vellani.

Prior to accepting the U of T position, Giap was the Director of Operations at a company called Resolve Corporation which worked with the federal government on their student loans program. Giap says she enjoyed her previous work, but had always first thing they say is: 'am 1 going to get any longed tn work for a university, and particumoney?'" larly the University of Toronto. She also One of the things that Giap hopes to says she has plenty of experience working accomplish in her tenure here is an with students. improvement in the use of the Internet as a "I know the issues associated with finan- resource for financial aid. cial aid," said Giap, noting that in her previ"I'm looking into the possibility of havous work experience she was often required ing the financial aid application online," to deal with students in difficult financial said Giap. "That would mean that if a stustraits. ~ dent goes overseas for the sununer they Giap will have a spot on the financial aid could still meet deadlines easily." committee, and her primary function in that The system Giap envisions would allow capacity will be to make sure that staff are students to apply online, then to check back aware of school policies, and that those at a later time to see the status of their applipolicies are consistently implemented. The cation. job description will also involve looking to Giap graduated from the University of other schools to see how those institutions Toronto with a Bachelor of Commerce. meet students'

needs.

The position of director of admissions

is

also clnsely related to that of financial aid director, says Giap.

"When I call people to say 'congratulations, you have a spot at the law school,' the

Following graduation, she went on to become a certified management accountant after a two-year program that involved both an academic component and a work experience component.

7

5 Years .Ago in Ultra Vires January

25, 2000

Library Thefts Spark Concerns "The rate at which wallets are disappearing from the backpacks and book bags of students at the Bora Laskin Law Library has sparked significant concern from both the library staff and students," UV reported.

Some students, perturbed by. the thefts, were then calling for a security guard to be on duty during library hours, but this was deemed not to be affordable due to "budget cuts." Asked by UV whether library sraff could help WIth the securIty problem, Ted Tjaden, coordinator of information services, quipped: ''We are .librarians, not police officers."

Random campus police checks of the library in response to the problem were described by Tjaden as "sporadic." .

Faculty Proposal for Increased Salaries Draws MiXed Support "In response to an anonymous letter requesting an investigation, Ultra Vzres has. confirmed that In November 1999, professors at the Faculty of Law initiated a proposal to Increase their salaries dramatically," UV ~eported. Bruce Chapman, who was described as a "key player" in bringIng the mmanve forward, said the proposal "simply forms part of the general backdrop to how salaries have been determined at the Faculty for

some time."

.

One .professor, quoted anonymously, speculated that tuition would soar as.high as $12,000 (at the time, tuition at the law school was $8,000).

Dean Daniels said he "could not assure students that there would not be tuition increases." The Dean also fretted that the school would lose its top professors without such increases. "How can we attract top students without professors like Trebilcock, Weinrib and Waddams?" said Daniels.

The article went on to describe an "ideological rift" within the faculty that "shows no sign of abating."

Professor Burey Dies After Long Battie whb Multi\>\e Sc\e<o"i" '~..<lis Apri\ Mas::ri.ette~u'\7e)l was boorn in ~~<:.a

on Matc:h. :,0 ..'\9()(\ ..-a.nU

died on December 12,1999," wrote l\farcia]ames.

'1t is difficult for us to separate what she meant to us as a teacher. a role OJodc1, a nJentor and

a friend." "{Aprill always described

herself as an 'old woman' beca.use she kne\\ that her time on earth would be limited bl' ber disabijjl}' However much April bad Multiple Sclerosis, MS did notha"e her. She enjoyed her life and filled it with as much 100'e and happiness and a thirst for knowledge as was humanly possible. She found the conviction to reorganize her life and her entire sense of the world, despite the many challenges she continued to face."

"1 think the most fitting legacy for April is for all of us to try and face life's challenges "lith as much grace, courage and purpose as she had."

"Why I want to work for BLG when I grow up.

By Suzie Henderson"'. All rights reserved. Copyright 2004."

A good lawyer never stops learning. At BLG,we passionately believe In continued education as a way for all our lawyers-to be able to offer the very best legal c.ounselin today's c:onstantlychanging business environment.

From national student training programs to intensive learning programs for a'i$O(iates on the path to partnership~ At BLGthis commitment means we are always able to provide our c1ierltswith the very best service. For more lnformation, visit the BLGwebsite at WW)N.blg<:anada.com.

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IT BEGINS WITH SERVICE

Discussion Paper Suggests Major Changes to First Year .

The Curriculum Review Committee at the Faculty of Law released a discussion paper proposing the introduction of Legal Process to the firstyear curriculum to replace CIvil Procedure.

The paper recomm';,nded that Civil Procedure be taught ill upper years. The report stated: Ctvil Procedure cannot be justified as a fundamental building block tn the firSt year programme:' noting that Toronto and Osgoode were the only schools in Canada suU offenng CIvil Procedure tn first year. .

Chair Kent Roach said the new Legal Process course would exarrune how the process of law functions in society by examining concrete cases of legal process such as those involving residential schools and tainted blood.

On the topic of Bridge Weeks, the Committee recommended a more. problem-based approach to the subject matter, and the Introductlon ot an honours/pass/fail method of evaluation.. .

Other recommendations in the discussion paper mcluded changing the method of evaluation for first-year Decembet exams to the cutrent system (in fust rear, December exams count for 20 per cent of the final mark in the course If higber than the April exam tesult).

DLS Looks to New Services and a Future Without Squirrels "Last fall, along with Enterprise Legal Services, DLS moved its intake office from tbe squirrel-infested quarters at 91 St. George Street to 713 Spadina Avenue, a shiny new office just across from ltS adrrurusttatlve offices:' UV reported. "The new office is convenient, clean, and houses no wildlife!" .

I

f LEGAL ISSUES

8

Defending sexual and reproductive rights in Brazil

BY LINDSAY LANG The temperature in Rio de Janeiro is routinely 40 degrees celsius during the summer months of December tn March. With

of the time and the vast majority of the 650 babies born with this condition every year in Brazil die within 48 hours. The judge wrote in his decision that forcing a woman

to carry a fetus with anencephaly to term with the knowledge that it will certainly an annual budget equivalent to die is damaging to the woman's moral and CA$45,000, the NGO where I work canphysical integrity. not afford air-conditioning and today it is In October, the Federal Supreme Court sweltering inside our smaIl two-room declared the court order invalid which nffice. Nevertheless, the staff at ADYOmeans that once again the abortion of an CACI (Citizen's Advocacy fnr Human Rights) cnntinue to tirelessly fulfill the anencephalic fetus is illegal. Tbe Federal Supreme Court's decision on the merits of organization's mandate of strategicalJy the original action is pending. ADYOusing law to defend sexual and reproducCACI is involved in these proceedings as tive rights in Brazil. a friend of the court, and we continue to According to the Brazilian Criminal strategize and lobby around this issue even Code, abortion is illegal except if the pregthough it is highly unlikely that the court nancy is the result of rape or if an abortion will decriminalize abortion in cases of is necessary to save the life of the pregnant anencephaly. woman. Both performing and undergoing Every year in Brazil approximately J an abortion procedure in any other situamillion illegal abortions take place. The tion is punishahle by one to three years smalJ number of women that can afford to imprisonment. Law in this area had do so pay for a trained professional to perremained unchanged for over 60 years form a safe abortion in a bidden clinic until a superior court judge issued a monwhile' poor women resort to homemade umental ruling in July of 2004.

Through a court order, the judge made it remedies and unsanitary back-alley aborlegal for women carrying fetuses diag- tions. Unfortunately, gender dynamics, nosed with anencephaly to have an abor- problems accessing contraceptives, and a tion. Anencephaly involves a defect in lack of sex education make abortion the fetal brain development which can be sole method of family planning for many detected by ultrasound at the end of the fust mccesaer. Anence{lha\"j

\S fatal \OOO!0 COmlNUED

ON P.9

Behind the scenes of exam organization

BY IMAN ABOKOR Most of us try to avoid' thinking about exams until the last few weeks of school, when the feeling of impending doom motivates us to spend countless hours at the library, slash the number of hours in front of the TY, and drink way more caffeine than is healthy for us to conswne.

That being said, have you ever wondered how the whole terrifying experience is organized? How it is that those exam questions reach your quivering hands on that eventful day? What happens to that disk or mass of paper that you hand to a proctor after you've tried to produce a sensible answer?

Well, it goes to Celia Genua, the Assistant Registrar of Records, and her dedicated team of helpers who make sure that the U of T Faculty of Law's exam period runs like a well-oiled machine.

Ultra Vires sat down with Celia to get a glimpse into the stressful and thankless world of exam period organization.

UV: How long have you been working with the Records office?

CG: I have been at Records for seven and a half years and with the Faculty 15 years.

UV: What is your role in setting up the exam period?

Lang Michener

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ULTRAVIRES

CG: My role is to do exams, from beginning to end: set the schedule, hire all the invigilators, collect all the exams from the professors, set a schedule for my invigilators, deal with any of the problems that happen with the exams while they were wntten, etc.

UV: When do you start getting ready for exams?

CG: I start the process in the beginning of November for the fall term. I collect money [for Exarnsoft and labs], set up rooms for Examsoft people and book labs.

UV: What is your typical day during the exam period?

CG: I get in the office at 7:30 a.rn, to check my voicemail and email just in case problems have come up during the night (professors called with changes to the . exam, an invigilator is sick and can't make it to the exam). [This year] Icame in on the second day of exams and three invigilators cancelled out and decided not to invigilate for the rest of the exam period. [ had to go around scrounging for people.

At 8:30 a.rn. my invigilators start showing up to pick up exams. Students are coming in and submitting papers and come to take a take-home. I sit at my desk most of the time while exams are written to make sure that there are no problems.

Then exams are done and invigilators come back with packages. They let me know of any problems with the exam. I get the booklets from the handwritten rooms, the envelopes back from the Examsoft [rooms] with the disk, the exam questions, extra booklets and any booklets they have used that they want to include with the exam. [From] the lab ones we get back the disks, booklets, the exam question, plus the exam already printed. All

the Examsoft disks have to be printed.

One day it took three hours just for first year courses. We then collate them, staple them and put them in piles. We put all of 'the exams in piles and hefore we give them to professors we count them all. We make sure that the signature sheet, the checklist and the mark sheet all correspond.

UV: That sounds hectic. Who do you think have it worse: you or the students?

CG: The students have it worse. Idon't know how you guys do it, I really don't.

It's too stressful for me.

UV: What is the strangest experience you had during exam time?

CG: One of the invigilators had to kill a spider in the last exam period. [The exam writers] were sitting in the lab and there was a spider walking on the screen or walking on the keyboard. She freaked out. There are people running to the bathroom to throw up.

People have missed their exam because they didn't know what room they were writing in. One student set off the fire alarm because she went into the exam room through the wrong door.

UV: -What about this exam period?

CG: This exam period went quite well, but there have been times where names were mixed up on the exam. [For example] one paragraph talking about Boh and Jane and the next paragraph is talking about Peter and Dorothy. It wasn't noticed until the exam. The invigilator ran over to my office, [ had to call the instructor and have them read over the question and figure out where the problem was and I had to go back to the invigilator to tell them how to solve the problem.

UV: Have you ever lost an exam?

CG: Never-e-we are very organized.

You have to be organized and pay attention to detail when you work in this office.

UV: Where does all the candy in the Records Office come from?

CG: I always bring candy in during special occasions. And I always bring timbits on the day written work is due. I went through four large timbit hoxes when written work was due last semester.

I had one student come in on the Friday before the Monday when everything was due and ask me what I was going to bring 101 UV: Well, Celia, we appreciate all your hard work .... and candy.

LEGAL ISSUES

18 JANUARY 2005

9

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Angela Fernandez brings insight to legal history course SV ADRIENNE COPITHORNE Angela Fernandez knew from the start of her legal studies at McGill that she wanted to study law as an academic discipline rather than practice it as a profession.

"It was a bit unusual at the time," she says, "I only knew one other person who felt this way for certain. Now it's my impression that it's becoming increasingly common-salthough that said, I've seen different people get seized by this urge at different points in their careers."

Professor Fernandez has started 'her first year of teaching a "small group" contracts class and this term is teaching an upper year introductory legal history course. Her research interests have focussed on legal history, legal education, and what she terms "legal culture".

"This includes what law teachers pass to students and third year students pass to first years as well as the ideas that circulate amongst the academic and practising wings of the profession as a whole."

Her dissertation for the Yale Law School JSD program concentrates on the development oftbe "case method" for teaching law that became popular beginning in tbe 1870s in American law schools.

"The traditional method at the time was a treatise/lecture method in which students would listen to lectures explicating excerpts from treatises and then get 'quizzed' on a memorization of these, what was known as a 'recitation.' Another earlier method I examine is one in which stuBRAZIL CONTINUED FROM P.8

dents would make notebooks of lectures which they would treat as a kind of portable law library. There was a deliberate attempt to 'revolutionize' legal education at the Harvard Law School in the 1870s where the old methods were seen as hope: lessly morihund. The case method was 'sold' using the language of independence, with its proponents making arguments that it made students more independent than the other methods, which were described as making students dependent and servile.

"In Canadian law schools today we generally see a combination of the case method with the lecture method. Our inclass questioning doesn't look much [ike the old-style recitation but neither is it a relentless Socratic method in which the professor

only asks questions

and never

Professor Fernandez is enjoying teaching Contracts as a first year small group course.

"Contracts has such interesting historical and critical aspects, as well as doctrinal ones. It was my favourite class as a first year, in large part because it was taught with, attention to what are sometimes thought of as 'external' considerations like history and business practice. It. is always interesting to see how what is supposed to be purely private law is actually full of public policy considerations and how the doctrine must then be understood with that in mind."

Teaching the Contracts' class is an invaluable experience, Professor Fernandez believes. "It really helps when thinking about legal education to be a core gives 'answers.' The summaries that many part of the process of introducing studentsstudents make and use are not totally dis- to basic aspects of the common law. I find similar to the notebooks of the pre-case it grounds me to consider how these method legal world." processes work in practice, i.e. the 'nuts When asked how it feels to be back in and bolts'."

Canada after several years in the U.S., Fernandez describes her upper year Professor Fernandez replied: course on legal history as one that "will "Great! I moved to the States right when examine a range of issues, including the 9111 happened and the political clm;ate strengths and weaknesses of different kinds became very difficult. A lot of interesting of legal history, trends in the Canadian litthings happened but we were glad to come erature, how these have been influenced by back." And where is Canadian legal educa- the United States, in addition to topics like tion heading? "I think the law schools in codification, legal education, and the legal Canada will begin to house more and more profession." different kinds of legal scholars. I like to Her advice to law students? "Choose think oflaw school as a big tent under which your courses based on the professor who is lots of people can do lots of different things. teaching; if he or she's good then tbat w\.\l make the materi.a\ come a\\ve. '{ou cevec It's healthy to have a range and diversity of approaches

for student'!lo\Q choose \"TO\T\."

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Sharia Law in the Canadian Context: Should you be alarmed?

women in the poorer Brazilian states.

BY NARSAH CHOWDHURY Unsafe abortion is the principle cause of the very high rate of maternal death in The day after Marion Boyd's recommenBrazil. Every year, 250,000 women visit dations on Islamic arbitration tribunals hospitals due to botched abortions. Of parwere released to the public, the headline ticular concern is the fact that instead of on the front page of the Toronto Star treating a woman with injuries related to screamed "Shari a report called 'betrayal' an abortion, some doctors call the police of women." Since being introduced to the and have the woman put in prison. legal scene in early summer, the issue of Brazilian women will continue to die allowing consenting parties to resolve priand suffer in large numbers as long as vate family law disputes based on the abortion remains illegal. Many of the tenets oflslamic law has remained a hotly women at ADYOCAC[ as well as at our debated topic. partner NGOs have been fighting for the Proponents of accommodation claim decriminalization of abortion for over that they simply want religious tolerance thirty years. I am continually impressed to extend to the legal sphere. Critics of the by the dedication of the people working in the field of sexual and reproductive health . initiative maintain that the implementation of Sharia tribunals will likely result in the and by the quantity and quality of the gross violation of women's rights. Indeed, work that they produce on extremely limfirst year students attending the law ited budgets. The funding situation in this school's November bridge week heard area is particularly dire since the governominous warnings from a panellist that the ment of George W. Bush reinstated the adoption of Sharia arbitration may even "Global Gag Rule" which bars US fundproduce honour killings. Is the hysteria ing to non-US agencies that engage in any justified? abortion related activity. The US has even Contrary to popular myth, Sharia is cut its funding to the United Nations more than just a rigid system of archaic Population Fund. (UNFPA) which suplaws designed to chop hands and stone ports many NGOs including ADYOwomen.

Before jumping on the "ShariaCAC!. oppresses-females" bandwagon, it is useConcern for women's Jives motivates ful to gamer a greater understanding of the people at ADYOCACI to spend their Islamic law-separating the actual law time representing individual cases, interfrom its various cnltural and political manvening in proceedings, publishing new ifestations. The rules of sentencing for legal research, and organizing seminars in criminal matters represent just one small an overheated office for little or no pay. aspect of a vast legal system encompassing The way these women have chosen to use such areas as commercial, property, and their legal training should be an inspira(of course) family law. tion for us all.

Sharia is a sophisticated body of

jurisprudence which has developed over 1400 years. It has produced rulings as varied as the approval of sex-change operations in the Islamic Republic of Iran (it's true!) to the flogging of male taxi drivers in Nigeria for transporting female riders.

While the majority of mainstream Muslim jurists would likely reject both of the above decisions as misapplications of Sharia law, the fact remains that the exercise of interpreting the original legal sources, i.e. the Quran and Surma, based on social context, has allowed the Sharia legal system to continue to develop and evolve with society. There are also extensive provisions in Islamic law that protect the rights of women, ranging from voting rights to inheritance rights. Honour killings are expressly rejected by Islam.

This is not to say that the tenets of Sharia are immune from being used to enforce grossly unjust results. I have no doubt that a quick survey of Sharia law jurisdictions throughout the world would unfortunately produce a pantheon of examples of human rights abuses. Like any legal system, the absence of trained professionals and appropriate safeguards are likely to comhine with paternalistic cultural values to produce distorted results.

So what does all this mean for Canada?

The issue of accommodating Islamic law in Ontario has raised new challenges to the Canadian legal system. In the Boyd report, aptly entitled "Dispute Resolution in Family Law: Protecting Choice, Promoting Inclusion," the former Attorney General (who served under Boh Rae's NDP government) tries to balance the

I

issue of accommodation with concerns for the protection of women's dghts. Islamic law provisions that are incompatible with Canadian Jaws are to remain prohibited.

This condition does not conflict with Islamic law as it is an established tenet that when Sharia is applied in non-Muslim states, legal rulings are to comply with the laws of the land.

If Boyd's recommendations are adopted then the system will be further refined to include safeguards including mandatory independent legal advice; written records of all arbitration decisions; guidelines and training for arbitrators; enhanced right of appeal; and greater access to information about the Canadian legal system. (The full report can he accessed at the Attorney General's website at www.attomeygeneral.jus.gov.on.ca/english/aboutJpubslboyd).

This writer is of the opinion that allowing Islamic law to operate in the Canadian context is an excellent opportunity for a moderate stream of Islamic jurisprudence to develop and flourish in Ontario. You may disagree. The Sharia Law Working Group is a new initiative started by students interested in discussing Sharia-related issues in an objective forum. All interested students are encouraged to come out and share their opinions and to learn more about Islamic law, both in Canada and abroad. The Sharia Law Working Group has arranged to have Marion Boyd speak at the law school about her report on Thursday, January 27. The event is part of the IHRP's Lunchtime Speaker Series and will he open to the entire faculty. Hope to see you there.

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lenged under sections 2(b) and 15 of the civil liberties.

Charter, and as legislation ultra vires the "We are mostly concerned with shaping the balance between individual rights and province. A decision is pending in that appeal.) public interests," said CCLA Educational Volunteer students are expected to dedDirector Danielle McLaughlin in her brief introduction to the CCLA education pro- icate an average of three hours per week to the CCLA. The volunteering experigram. ence offers students the opportunity to "Our pro bono students have worked on handle timely issues policing decisions, every week, brush independent audits of Although most of pro up their research the police, freedom of

BY KAREN eNOl skills, and reinforce expression, child bono assignments involve what they have pornography, same-sex We all love to advocate for human rights learned from the and civil liberties. In school, we wel- marriage, and privacy legal research, CCLA also classroom. They are rights. Based on their come opportunities to talk about protectgiven assignments research, we chal1enge enables students to ing human rights, empowering the underthat are composed problematic legislation interact with community represented, and securing social justice. of identifying, We of course would love to do more than or publicize its effects." members researching, and CCLA heeds a stratjust talk about it. Yet we hesitate, because drafting memos on egy known as "raising taking such initiatives may entail extracivil liberties issues. ordinary efforts that we busy law stu- hell without breaking Under the supervision of CCLA, lawyer the law." As an example of the strategy's dents can only contempJate, or because Alan Borovoy and three other legal couneffectiveness, McLaughlin made referwe simply do not know of a proper ence to the CCLA's criticism of the Safe sel, students get to participate in almost avenue. every stage of CCLA's operations.

Ao organization like the Canadian Civil Streets Act, Ontario's anti-panhandling The work that students are exposed to Liberties Association (CCLA) and its vol- legislation.

"Under the act, a person wishing to is diverse. Lisa Kelly (II), for example, unteering students suggest that both obstamake a phone call can be fined merely for currently deals with issues ranging from cles can be overcome.

CCLA is a non-profit organization that asking for a quarter from a passerby," said the Guantanamo Bay tribunal process to new legislation concerning DNA collecdeals with "issues of fundamental civil McLaughlin, in reference to the act's banliberties and human rights that affect those ning of passive begging in certain "caption. Ada Mok (II) conducts research on who live all across Canada." For about 10 tive audience" locations (for example near the USA Patriot Act In the VS and the years, CCLA has closely worked with Pro a phone hooth). The CCLA publicly Anti-Terrorism Act in Canada, and their Bono Students Canada (PBSC) volunteerridiculed the absurd results of the legislaeffect on Canadian evidentiary rules. ing students to pursue mutual interests in tion through the media, McLaughlin Graeme Norton (III) conducted research securin\!, human ri\!,\>ts and fundamental noted. (The Safe Streets Act has been chalthis past summer on police governance

and making claims for refugee protection in Canada while he summered at CCLA as a Donner Fellow. He particularly enjoyed seeing his research being cited in various CCLA reports. Norton commented that, "I strongly feel that my work significantly contributed to CCLA's work and to the protection of civil liberties within Canada in general."

Andrew Winton (TI) emphasized that students can direct their own research while working with CCLA. "In October the Supreme Court of Canada released its decision in R. v. Tessling, a case where CCLA intervened on the question of whether or not the police could conduct infrared surveillance of homes without a warrant. I was asked to analyze the decision to see whether CCLA wished to issue a public comment."

Although most of pro bono assignments involve legal research, CCLA also enables its volunteering students to interact with community members. The Canadian Civil Liberties Education Trust (CCLET) is one such interactive program, where volunteering students present lawrelated seminars in high school classrooms.

CCLA members expressed a very high level of satisfaction with their student volunteers. "We love OUf students," said McLaughlin. "We highly appreciate their dedication as well as the new ideas and perspectives that students bring to our table."

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LAW GAMES

18 JANUARY2005

11

~dmt A\tIards1hat AGtua\\1M~an~methin9: A La\tl &.amesÂŁu1usiv~ I4port

BY KEIR WILMUT Last week, class attendance was noticeably slimmer due to the absence of several dozen V ofT'ers, who had stormed Ottawa to participate in tho;annual Law Games.

Tbe weekend was filled with the usual revelry, drunkenness, inter-school rivalries and yes, even law. Every night, an awards ceremony was held where $10 LCBO gift cards (a particularly apt award, it sbould he noted) were given out to those who had put out a good performance that day, whether on the court or for showing team spirit. Below are a sampling of the funnier stories that received an award: The "Gettin'

Lucky" Award

Danielle Marks not only got lucky with five guys on the bus to Ottawa, sbe took Iheir money, too. Not bad for a first-timer! Congratulations to buss ls champion poker player.

The "Keep the Hope Alive" Award Showing a healthy sense of Self-confidence, Jay Galhraith repeatedly set Off the metal detector at Parliament Hill due to 10 flavored condoms in his back pocket. Whatever you believe, you can achieve, Jay! Youppi! Award for Excellence in the FieJd of Mascotting Law Games 2005: marked the arrival of Andrew Hennigar as Bitey, the Drunk Angry Polar Bear. He's a friendly guy, except when he gets into the sauce. Bitey is fierce, not cute. Don't forget that or he'll maul you. )'he Tuff Guy Award Andrew Pilliar gave us instant street ered when he showed up for the bus sporting several Iarge gashes on his face.' Don't mess with V of.T Or we'll cut you, man! the Kissinger School of Diplomacy Award After a Queen's student asked a nightclub full of students from Quebec: "Why do you all have to speakso much 0/01\*% French?"?", Tobey-Ann Pinder knew she bad to help ..thlnss O'Ycr.So, _y<OIIed.a_~ .. a __

Questionable Admission Award A surprising number of students watching Synchronized spelling T-O-R-O-N-T-O.

Swimming had trouble

The Brass Rail Award for Creativity The Synchronized Swim team of Faye Kravetz, Laura Hage, and Keir Wilmut displayed fortitude and zeal as they stripped down to their swim suits and performed a routine featuring a pyramid, spitting fountain, and semi-synchronized leg kicks.

Prom Queen of J986 Award Poofy sh~ulders, more bows than could be counted, ruflles so thick you could loose a golf ball m them, and hair crimped within an inch of its life all combined to make the women from V ofT the best-dressed at the banquet. Special mention to the twin tiaras Meghan Riley and Jessica Norman, Tacky-tasticl ' U oft

Team Song (Sung to the tune of The Stonecutter's Song from The Sirnpsons):

Who sells out for Bay Street jobs?

Who ignores our clients' sobs?

We do! We do' Who pays far too milch tuition?

Who has a drinking condition?

We do! We do!

pid twit. Thanks, Tobey!

Toronto Hotties: Approved eV\!II by Perverts' Jocelyn Mackie and Nick Macheras demonstrated that U ofT students' charms extend beyond mere brains as they were propositioned by a pair of swingers.

Who has a pre-pubescent Dean?

Who has a sexy looking team?

We do! We dooooooooo!

The toronto Sports Spirit Award Lome Kotler served up the perfect example of U oft sportsmanship. After driving tbe other team's best floor hockey player through the door in the gymnasium, Lome took himself off the court because he didn't want to provoke a riot. That's hardcore, and classy at the same time!

Michael Trebilcock Law and Economics Award Invoking law, economics, and basic human decency, Fern Karsh successfully berated a clerk at Holt Renfrew into accepting the return of an open box of men's tighty-

whities.

BLAKE, Picture yourself at Blakes. Where great work and great people come together.

CASSELS & GRAYDON UP

MONTRtAL

BARRISTERS & SOLICITORS

OTTAWA

TORONTO

CALGARY

VANCOUVER

NEW

YORK

CHICAGO

LONDON

BEIJING

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EXCHANGE

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ReturneCi exchange Students recount gOOd times U of T Exchange Students Fall 2004 COMPILED BY ADRIAN L1U

Sampling delectable foie gras in Paris ... partying it up in Hong Kong's famed lim Kwai Fong district ... kicking back in Amsterdam ... this was how some of our fellow students spent their last term while they were. on exchange in different parts of the world. Although the reasons for gomg abroad were varied-Hong Kong, for its unique cultural melange; Amsterdam, for being the ultimate slacker's paradise; Paris-who needs a reason?-all had memorable experiences, and stories to tell.

Michel Beshara (Paris) Michael Cohen (Amsterdam) Rayna Cohen (Amsterdam) Brianna Davies (Paris) Chris Essert (Paris) Amanda Gibson (Amsterdam) Mike Gleeson (Amsterdam) • Julia Guaragna (Amsterdam) Adrian Jakibchuk (Amsterdam)

David Khan (Budapest) Carlin McGoogan (Paris) Karen Murdoclr. (Amsterdam) Sarah O'Connor (Amsterdam) Erin Pelletier (Paris) Jennifer Poon (Hong Kong) Peter Psiachos (Paris) Nicole Redgate (Barbados) Steven Robinson (Hong Kong)

Julia Guaragna, Amsterdam (University of Amsterdam) Going on exchange to Amsterdam has been the highlight of my university education. The University of Amsterdam exchange has a reputation for being, shall we say, a less than rigorous academic experience. This reputation is richly deserved, but for a burned out third year law student, the relaxed U of A atmosphere was the perfect anecdote to SIX years of overachieving. Without school to worry about, r was free to travel, wander around the CIty,and hang out with the five other U ofT law students who lived in my building ',We were assigned identical, sparsely furnished bachelor apartments in the same foreign student residence, and none us of had a television, so we spent many nights gathered at the corner bar and around each other's kitchen tables.

One of the reasons r wanted to go on exchange to Amsterdam was to travel around Europe. Amsterdam is a huh of travel in Europe, so it was fairly easy to get cheap flights.

A highlight of my travels: a November trek to Sweden and Norway. We had cocktails to a bar made entirely of ice in Stockholm, and dipped our toes into the freezing waters of Lake Mjoesa in Norway. We also spent a day in Lillehammer, where the sun set at 3:30 -p.m.lm<l. \he \atitude is 6U)9 degrees. That is further north than Whitehorse, we were 6e~

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David Khan, Budapest (Central European University) I had an amazing time on my exchange to Central European University (CEU) .in Budapest, Hungary. Budapest is a vibrant, cosmopolitan city with brilliant turn-of-the-century architecture and a first-rate cultural scene. I revelled in the outdoor bars and clubs in September and October, and relaxed in the indoor and outdoor thermal baths as winter set in. The Danube cuts a dramatic path through the heart of the city, providing a focal point for its residents and dividing the bustling commercial "Pest" side from the hilly, exclusive, and primarily residential "Buda" side. I was lucky to have rented an apartment that overlooked the river and the Buda hills, an apartment that I dearly miss, now that I'm back in a concrete U of T residence!

As for CEU itself, this isn't an exchange for those students looking for a European vacation.

CEU is a graduate-level (American) university that takes its academics seriously. 10 the legal department, courses are generally one credit each and involve 14 class hours, usually some written work, and a two-hour open and closed book exam. While there, the Faculty of Law insisted r take 14 credits in two modules, so I was quite husy. Nonetheless, with a little creative course-planning I managed to schedule a three or four-day weekend every second weekend or so, and I got a lot of travelling in. Four discount airlines currently serve Budapest so it acts as a great base, not only for Central and Eastern Europe, but for many destinations all over the continent.

CEU has a great location amongst many well-designed buildings in downtown Budapest. It has students from over 63 countries enrolled in many different programs, and this was another plus for me: among my classmates in the Human Rights and Comparative Constitutional Law programs, I made friends from all over Europe, Russia, Central Asia, Africa, and Mexico. There were even several students from Palestine. CEU still needs to improve some of its administrative aspects, however. One problem was the online course registration system which the University refused to tailor properly to the needs of the legal department, which meant a SOOOforint (about $33) fee was cbarged to add a course after the initial addldrop period, even if the Course didn't start for weeks. Another inefficiency is the "Leaving Form" that each student is reqnired to complete by visiting almost every department in the university who are required to declare that no debts are owed. This took several American exchange students and I literally days to complete while finishing exams and packing.

A real highlight of my exchange was the visit by George Soros, the Hungarian-American fmancier and founder of CEU, who tries to visit every year for a question and answer session with interested students. I thought he was surprisingly upbeat after the recent American election in which he was quite involved, and he fielded many questions on this topic. Another highlight was missing my flight back from Rome, which required me to spend another two days in the capital, waiting for the next flight back! One downside; taxis in Budapest. You can't trust 'em or their meters. A taxi driver charged me over $SO my second night in town to drive me from downtown to the suburbs where I was temporarily staying in the CEU Residence Center (most of the transit system shuts down at ll: IS or so). At least he was nice enough to drive me to an ATM so I could withdraw enough money to pay him!

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Amsterdam is a beautiful city, but the weather is truly horrible. One day in September it started raining, and it didn't stop for three weeks. We also went one full montb without any sunshine, and when a few rays finally broke free one late December day, r nearly wept for joy. Besides the weather, and the non-existent customer service, I can't think of a better place to go an exchange.

Erin Pelletier, Paris (Sorbonne, Paris I) People give Parisians a pretty unfair review-I love the city and I love the people. There was some culture shock, but not in any negative sense. The toilets can be a bit of a shock, can the extremely rude waiters, but after you've been here awhile, it's all just part of the Paris charm really.

My French has improved a lot since I first arrived, but none of the phrases that I learned can really be repeated. I learned one or two words of verlan, which is the slang that the "peeps on the street" use, but I think it's confined to the IS-year old gangs of the banlieue.

The most interesting thing about the university was the fact that, in the large lecture classes, there were people who were flagrantly not paying attention. And they weren't just playing solitaire on their laptops, because they don't have them. They were smoking right outside the door, and having their own private conversations right in the classroom. One couple was clearly making out in Institutions europeennes. Also, the profs leave right after class-if you want to ask a question, you have to really run to the front of that classroom or you'll miss them. .

A lot of quirky things happened in Paris. As a group of Canadians, we were often denied things. You'd ask for somethmg, like change for 20 euros, to use a computer, or to have a song played at the bar, and you'd just get "C'estfini.~ It became funny just because it was so ridiculous. Aod talking to Parisians can be a bit like Scotty talking to Doctor Evil 10 the Austin Powers movies-they keep shushing him and cutting him off.

I can honestly say that I have had an amazing experience, and there's no reason not to go ... everyone should do an exchange!

as

Steve Robinson, Hong Kong (Hong Kong University) I went on exchange. to Hong Kong University ~U) for the first semester of my third year. Hong Kong was an easy choice for me from a career development perspec~ve, since I am planning to practice 10 the area of trans-Pacific business law. Hong Kong is really a great location to study law these days because there s SO much going on there. the recent transition from British to Chinese .so~ereignty, Hong Kong has been going through a serious identity crisis. The city is struggling to mainas the top ASIan hU~lOesshub. China s WTO era has started, and many Hong Kong residents are well-positioned to profit. Guaogdong, China s most prosperous province, IS nght across the border.

S~

tain

I~ pnmacy

Like much of Canada, Hong Kong has a Common Law legal system inherited from the British. As Communist China and Hong Kong come together, it is c1~ that there will .be friction. Many feel that the "One Country, Two Systems" approach is being threatened. RecenUy-introduced security legislation met With enormous public protests in the streets, forcing Beijing to withdraw.

The co~ses that I took at the law school dealt with many of these current issues. The professors were a mix of western and Chinese scholars and all were superb instructors. I am more than satisfied with what I got out of the courses intelleclWllly. 10 addition, the school managed to attract excellent speakers who lectured on some of AS13's (and the world's) most important legal issues and Current affairs. .

As for my accommodations in Hong Kon~ , I lived in an ~odergraduate hall. This was quite an experience. Most of the local students had just graduated from highschool aod were expenencmg student freedom for the first time. The Hong Kong students really show a lot of initiative in pursuing extra-curncular acnvmes, especially large gr?up acuvines. Unlike No~ Amencan university student activities, alcohol is rarely present. Outings with the local guys from the floor were fun and mterestmg. The big draws were dim sum, hot pot, barbeques, anything involving food. I shared a small room with an engineenng student from France. There were other exchange students in my hall from Germany, England, the US, Japan, and Australia, to name a few COUlltnes of ongm, so I enjoyed a really good nux of exposure to Hong Kong and international cultures.

Hong Kong has a great nightlife. Lan KWai.Fong, a street in Central HK, seems to have a tractor beam that pulls in all thirsty foreign exchange students and ex-pars. The district of Wan Chai IS a httle more "down and dirty.", and in order to get to a favourite watering hole, you sometimes have to fight your way through the droves of prostttutes on the streets outside. But even 10 the more seedy districts, Hong Kong is a remarkably safe city. Hong Kong Island has beaches on the coast and mountams m the middle, so outdoor activities can be fun when the air pollution isn't so bad, which is rare. There are also some really great markets where you can get some sweet deals on everything from knock -off Rolex watches to cheap housebold items to pirated video games and DVDs-er, that I would ever coodone such blatant disregard for intellectual property rights. In short, Asia offers a lot for the student and the traveller, and Hong Kong is a great place to study and a good jump-off point for side trips to other great destinations. I feel that my exchange in Hong Kong was a great expenence and opportunity. I would definitely recommend HKU to anyone interested in Asia and Asian legal issues.

•

Brianna Davies, Paris (Universite Pantheon-Assas, Paris 2) Since I'd been to Paris before, I didn't have much culture shock. But the French are infamous for shocking even their most well-travelled visitors. It took some time to adjust to how they will openly disdain anyone whose French isn't clearly their first language, not to mention the frustration we all experienced at how long and difficult it was in Paris to accomplish even the simplest of administrative tasks (i.e opening a bank account, getting a library card). .. .

On the other hand, I tried lots of fabulous French food during my stay, and we all developed a love of foie gras, which IS unfornmately an expensive and not so healthy habit!

The university's Faculty of Law is located in a beautiful building in the Seme (arrondissement); right across from the Pantheon. Our classes, however, were in what may he the only ugly building in Paris-a 1970s seD11-hlghrls~ With Iittle heating and no toilet seats. (I'm serious!) Classes were a bit tricky at first while we were getting used to taking notes 10 French, but once we got over that, they were fine and defmitely less work than we're used Going to Paris was honesUy one of the best experiences of my life. It is a fabulous opporturnty to hve ahroad, travel, and improve your French. I can't stress enough how great it was, just go!

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.

I

I

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OPINION & EDITORIAL

14

ULTRA VIRES

IGOT BEEF

EDITIORIAL

The move, the theft, the gay award Let's play facilities Jeopardy T

he school year wouldn't seem complete story in order to alert students of the situation without a controversial plan from Dean was certainly considered. But in doing so we Daniels.Ifnothing else, you have to give the would have jeopardized a potentially fruitful police investigation. In the end we decided it guy points for gusto.

We admit that our knee-jerk reaction to wasn't worth it. We held back in order to the proposal to move the law school was allow the wheels of justice to tum more negative. Warts and all, this is the school's effectively, Imagine our shock in finding that, despite home, and it seems sad to dump years of an overwhelming amount of evidence to folproud history for the shiny allure of somelow up on, campus police appear to have thing new. After all, new buildings, pretty as closed the file for the time being, and possithey may be, don't help students leam. There are no shortcuts; what affects education is bly forever, after a pretty meager attempt at the quality of professors, the size of classes, solving the mystery.

And what of our fearless administrators? and the time spent on the material.

We also have concerns about the cost of Aren't the folks at headquarters supposed to be looking out for us? Where is the outrage? moving. How many needy students could Does anybody care that the school is apparattend tuition-free for the cost of a new ently being duped out of thousands of dollars building? Despite the Dean's pledge that worth of books and chalk and chair wheels? there are no plans to use tuition increases to pay for the move, we are understandably More importantly, does anyone care that the hesitant to take his word on the issue. That perpetrator may well be a student, who will and $16,000 per year will get you a law presumably go on to practice law? It certainly seems that they don't. And perhaps there is degree at U ofT. no incentive to care, given that the costs are But, on further consideration, we are open likely to be borne by whatever unfortunate to being convinced. It cannot he denied there insurance company is picking up the tab. is a need for more space at the school, and moving might be the best option. But the • A year ago in this space we expressed operative word is "might." disapproval of the organizers of In his quest to identify space needs and rtharsh design the new building, the Dean seems to the 2004 V of T Law Games delegation. We be prematurely dismissing other options and were most concerned about the instructions rushing to rally support for the move. Given given to students to avoid any attempt at the cost and loss of history involved in mov- being collegial-mnst poignantly represent'\ng, others o?uons must be examined and ed by the directive to forget trying to win the

••

\!icven a fu\\ heanul!."WUa\aoou\ m~~'g,

S\')\Ilt t\.ward because everyone hated us and

l.\owu \he Moot

Court Room and building there? \.Vhat about the pllJZ3 between the library and the Music

building? While the Dean claims to have investigated such options, he has provided no information other than to deem them

"inadequate."

If there is to be an honest discussion, the Dean needs to slow down. The pros and cons of building on-site must be publicly disclosed and debated in a fair and balanced manner instead of being rejected out of hand.

W

f

•••

e here at UV are in the habit of scrounging for relevant news stories.

We like to fancy ourselves amateur sleuths, if you will. But generally speaking, the scandals we uncover are of the more innocuous variety.

Needless to say, we were a bit shocked back in November to discover a genuine caper in the form of a pile of stolen books steps away from our humble office. Having made the fmd, though, we were in a bit of an awkward position-the idea of printing the

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award

Students from other schools consequently shunned, booed, and otherwise openly reviled the V ofT squad.

This year saw a complete turn-around in our attitude, evinced by the last-minute cre-ation of a special "most respectful" spirit award for our school. Here at UV, we couldn't be happier.

While we understand the temptation to respond to anti-U ofT immaturity with further immaturity, and have indulged in that ourselves from time to time, it is clearly the wrong tack to take at a gathering of a thousand law students from across country. We already have enough trouble convincing outsiders that we don't all fit the privileged/corporate stereotype as a result of 0!IT administration's policies-acting like arrogant assholes at Law Games only confirmed what many already thought about us. So congrats to the students who saw to it that we took home the athletics trophy for the third straight year-but this time in a way that could make us all proud of it.

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

Editor-in-Chief Associate Editor

News Opinion and Editorial Legal Issues Features Diversions Production Editor Copy Editor Business Manager

anywa:y.

John Norquay Jonathan Desharats Andrew Pilliar, Keir Wilmut Keir Wilmut Lisa Cavion Adrian Liu Lisa Minuk Laura Bowman Ian Disend Lisa Cavion

Communications Centre, Falconer Hall 84 Queen's Park Crescent, Toronto ON M5S 2C5 u1tra.vires@utoronto.ca (416) 946-7684

BY SARAH HORAN, ALEX MACMILlAN, GENNY MCINNES & LEE WAXBERG I'll take _exams and the library for 200, Alex.

You know what really sticks III my craw? Exam time around the law school.

Unlike most intelligent students, who choose to study for exams in quieter, more productive environments, J choose to study at the Law Library. (By the way, if! hear one more person yell across the room to find out if someone else's wireless is working, I swear to God ... ).

Comfort and seating for 400.

I've found the best chair in the library. I call it "wonder chair". While it looks no different than any of the others, it's some sort of super chair. It doesn't squeak and the leather is. stiff enough that your ass doesn't hang out the back when you lean forward. While I'm reticent to reveal its identity, it would he a crime to keep this chair from the world. Main floor, southwest corner, across from row 63. Enjoy it, treat it well. But remember my child, with power comes responsibility.

By the way, in case you hadn't figured it out, this is going to be a long article. The way I see it, ifthe article is long enough, it can take up the space usually reserved for Saba's Soapbox.

J\.n:yh.<>o. 'Wl.\h aU \h\&

eX81n

stress

g.oi.ng

on, I like to relax. And what better way than with a nice mystery book? Luckily, our library has a fully stocked mystery and crime section. And if Sue Grafton's not to your liking (we're up to 0 isfor Outlaw), try anyone of Dorothy Gilman's novels that follow the unlikely but endearing Mrs. Pollifax. And if you think I'm kidding about the mystery section, just take a peek at the southwestern-most shelf in the library on the main floor. It's even got a campy public library-style poster extolling the virtues of crime novels. And if you're counting, that's two references I've made to the southwestern corner of the library.

As Hannibal Lecter said, we covet the things we see every day.

One last thing about library seatingwho's in charge of keeping out interlopers? They're the people who aren't in law school (at least this one) but somehow find this three ring circus a productive place to study. They can most easily be identified as those people with poorly configured

laptops (keeping me from any chance of using the Internet) wearing velour Diadora tracksuits with racing stripes down the side. Every day I get a little more irked as I'm pushed further and further away from my coveted southwest comer of the library because it's so full. I'm starting to feel like that guy from Ghost (who looks shockingly like Houston Rockets coach Jeff Van Gundy) who hangs out on the subway and terrorizes Patrick Swayze. Get off my train!

Exams and Leisure for 1000.

You know what else relaxes me?

Eating. No, not in that Dr. Phil, "l-eat-tomake-myself-feel-whole" kind of way.

More like a "hey-Iet's-go-get-some-stalecandy-from-that-store-beside-the-psychicto-get-me-out-of-this-library" kind of way.

(A quick aside: does anybody else wonder if that place is a front for some kind of organized crime syndicate") Of course, I'd normally go to the Grounds of Appeal to' get myself something, hut that place closes down at 4 o'clock. Luckily, there's the candy machine downstairs, right? Oh no.

Amazingly enough, by the first of December, the candy machine has been completely sold out. Everything. Even the Even the $1.50 raisin oatmeal cookie that's been in that machine for 3 years.

Amazing. 1 can't believe someone was so desperate that they actually bought that thing. That's even sadder than those people who have some strange disorder that causes them to eat dust off Venetian blinds and paint chips off the wall.

Exams and the Library for 400, Alex Answer: It's the most important time to keep 24-hour pop and candy machines stocked with food. What is exam time?

Yes. Maybe the people who stock the vending machines are the very same ones who are in charge of getting supplies for the pool table.

And where do [ throw out my wrappers when I'm done eating? Nope, not the library's garbage cans that are only equipped to hold the peel from a single tangerine and a regular coffee cup. Like everyone else, I throw it in the normal

letters of dismay, persistence, oh, and one of pralsel Dear Ultra Vires, It was with great dismay and shock that I read the reported comments pertaining to the Department of Justice in the 2004 Survey of Toronto Law Firm Recruiting. The survey indicated that one student reported that an interviewer made an "extremely offensive comment" regarding homosexuality.

This report runs completely contrary to my experience with the Department of Justice both in recruiting and in employment as a summer student. In my experience, the Ontario Regional Office of the Department of Jnstice is one of the most welcoming and diverse workplaces in Canada.

On a policy level, there is zero tolerance in the Department to any kind of harassment or discrimination. The Department's treatment of gay and lesbian employees is no exception to this general progressive approach. In practice, I have found that the full strength of this policy is realized. The office in Toronto is a place where differences of all kinds are genuinely appreciated and nurtured.

For anyone wanting a workplace that values individuality and diversity, I would without hesitation recommend the Department of Justice. Aside from very interesting legal work, this is certainly a major reason why I chose to work there. The Department's policy commitment toward diversity backed by actual practice is something that is still all too rare. The Department deserves to be both recognized and celebrated for this unique feature.

Sincerely, Amy Salyzyn (Ill) Dear Ultra Vires, As someone who has heen quick to criticize in the past, I feel compelled to write to you to tell you how much I enjoyed the last

CONTINUED ON P.l6

Contributors Iman Abokor, Aniz Alani, Ben Arkin, Oren Bick, Hilary Book, Andrew Botterell,Todd Chemecki, Karen Choi, Nafisah Chowdhury, Angela Chu, Adrienne Copithorne, Angela Chu, Oliver DeGeest, Ian Disend, Chris Essert, Julia Guaragna, Lord Haldane, Sarah Horan, Lindsay Lang, Alex MacMillan, Max Matas, Genny Mclnnes, Selwyn A. Pieters, Ben Reentovich, Amy Salyzyn, Christine ShaJaby, Antony Singleton, Lee Waxberg, Saba Zarghami Ultra Vires is an editorially autonomous newspaper. We are open to contrihutions which reflect diverse points of view, and our contents do not necessarily reflect the views of the Faculty of Law, the Students' Law Society (SLS), or the editorial board.

We welcome contributions from students, faculty, and other interested persons.

Ultra Vires reserves the right to edit submissions for length and content.

Advertising inquiries should be sent to the attention of the business manager at ultra.vires@utoronto.ca.

The next issue will be publlsbed on Febrnary 8, 2005.

The deadline for submissions is February I. Snbmission limit: 850 words.

issue of UV. The articles and columns were

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OPINION & EDITORIAL

18 JANUARY 2005

Vani\\a Kit Kat. Even the Halls candies.

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almost all interesting, and any attempts at being provocative actually seemed to be justified, or at least amusing. It was such a good issue that I hereby declare Volume 6, Issue 3 to be the BEST issue of Ultra Vires EVER. I don't know ifl have the authority to do that, but who's going to stop me?

Sincerely, Oren Bick (111)

Dear Ultra Vires, A professor at the Faculty of Law provided me with the November 2004 edition of Ultra Vires so that my attention could be brought to your compilation of "5 Years Ago in Ultra Vires." I appreciate that you did raise the fact that I launched a challenge to the LSAT. Where am [ now? I have graduated from Osgoode Hall Law School; [ have completed the academic phase of the Bar Admission Course; I am completing my articles at Roach Schwartz & Associates; I have successfully challenged the use of racial profiling by Canada Customs officials that resulted in a groundhreaking settlement; Iwas invited in January 2003 to be a panellist in the ethics Bridge Week at U ofT Faculty of Law; my lecture at the Bridge Week is being used this year by two professors in their course books; I have had approximately six lawrelated publications in the past two years.

In respect of my application, V of T's administrators once wrote: "In the judgment of the Chair of the Admissions Committee and the Director of Admissions, there was nothing else in his application to demonstrate a capacity for academic achievement in the Faculty's program."

I am pleased that I did not give up, capitulate, or accept the flawed judgment of the gatekeepers of the profession. I am also sad because I wonder how many other people who were capable of doing law school simply gave up without a fight and are now janitors. The class of 2000 at U ofT were particularly helpful in my quest to attend law scbool.

Regards, Selwyn A. Pieters, B.A., LL.B.

15

Transfer students lured by financial aid, professors

BY ANIZAlANI V ofT Law may enjoy the top spot in various law school rankings, bnt according to an equally unscientific survey of second year transfer students who have joined the ranks of Flavelle's "bright minds," it's a pretty good place to he---even if the cost of tuition is rivalled only hy the price of its coffee.

This year, U ofT welcomed 25 transfer students to its hallowed halls, a figure comparable to the previous two years' numbers. U of T began toradmit a substantial number of transfer students in 200 I when, although the school's faculty size increased, the number of students admitted to first year did not. While the first year class size of roughly 170 students is bound largely by the size of classrooms, the diversity of the upper year program provides additional spaces for new stu,dents who have completed first year elsewhere.

According to Professor Arnold Weinrib, Chair of the Admissions Committee, almost half of V of T's transfer students come from other Ontario law schools, while roughly 30 per cent hail from elsewhere in Canada and the remainder transfer from international schools.

Meanwhile, Weinrib notes that it is rare for U of T to see

_________________

memory, and I was feeling a little out of my depth. After a month of playing catchup, though, I began to feel like I was on solid ground." For another student, however, fitting in at U of T meant having to incorporate the words "cogent" and "cognizant" into his regular vocabulary.

But for students who have spent quality time at other law schools, U of T hardly has the market cornered on providing an enjoyable law school experience. Several transfer students pointed to the lack of a community atmosphere enjoyed at other schools. While some schools' relative isolation from the world beyond produces a tight-knit community where most social activity revolves around the law faculty, some suggest that one of V of T's great advantages-its central location-is also the source of a great weakness. Only at V of T, it seems, could law students tum a blind eye to the surrounding selection of pubs and eateries, opting instead to claim a library carrel for the night. While the usurious rates on local pints may be partly to blame, an increase in group social activities-receptions sponsored by prospective employers don't countmight do more to boost school spirit than the latest Bay Street placement stats ever could.

Still, despite the overpriced coffee and the torturous tack of wireless Internet access in the Moot

its students transCourt Room, this fer elsewhere, school boasts some although students Many students cited proximity impressive assets that migbt be often take advanto family as a key reason to underappreciated tage of exchange by those for whom opportunities. For make the move, while at least U of T is the only those keeping law school ever score, only one U one student confessed that experienced. Being of T student has able to type exams ever transferred to the extra distance from home can be a blessing, Osgoode Hallcreated by the transfer to even if the faculty and that was some Toronto was 'not an entirely ironically insists on thirty years ago. requiring students Reasons for bad thing.' using laptops to transferring to U bring their own of T vary. For a floppy drives. The former VWO stuCDO provides an dent, the city itself impressive range of services that are was a major draw. One Osgoode Hall unheard of at some law schools, even if expatriate describes the daily four-hour we'd rather avoid the cattle-call expericommute as "tedious", leaving little time ence of nCIs altogether. The financial aid to participate in extra-curricular activities. program, despite the criticisms offered Many students cited proximity to family as a key reason to make the move, while at against it, is better funded and better able to provide assistance than many law least one student confessed that the extra schools could hope for. The jaw-dropdistance from home created by the transfer pingly rich course offerings, often taught to Toronto was "not an entirely bad thing." lucid-professors, Despite a shared tendency to avoid the by well-versed-and allow forays into subject areas that remain school's reputation as Canada's leading foreign to some law schools haunted by producer of corporate drones, many students interviewed agreed that studying at constraints on faculty and facilities.

Compared to the legal clinics operated at U of T law would improve their career most Canadian law schools, DLS is like a opportunities both on and off "the Street."

Sister, And even if Flavelle's "cafeteria" On the academic front, U of T Law is nothing more than a room full of lockpromised a level of "academic enrichers and three vending machines, students ment" that some students felt was lacking can stay impressively well-fed by samduring firstyear. Paul Iskander, a transfer pling the endless menu of roundtable disstudent from UWO, wanted a law school with more of a theoretical bent. While he cussions, seminars and guest lectures that figure so prominently in our email inboxfound this at V of T, he admits to having faced some adjustment. "During the first es.

It's a good law school. Take our word two weeks at V of T, classmates were paraphrasing Dworkin and Kant from for it.

•

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OPINION & EDITORIAL

16

Now it's double Jeopardy!

I GOT BEEF CONTINUED FROM P.14 sized recycling bin. And why not? Six otber people have already thrown their Booster Juice cups in there. Now I know why they give us the small garbage canswe're not supposed to have garbage, right?

Well guess wbat? We do! And during exams the last tbing 1'm thinking about is whether the cup containing the remnants of my Tropical Tornado is contaminating an otherwise one quarter full recycling container. So either give us regular sized garbage cans, or keep us from eating in the library. This way, all we really have is one and a half garbage cans and a somewhat (but not really) guilty conscience.

PII take bodily functions for 600. It's the Daily Douhle!

You know what bappens after I eat? I . shit. You know what I like when I'm doing that? Privacy. You know wbat I'll never find in this library? Just that. Let's look at our choices", shall we? The washroom doors on the main floor don't touch the ground, I think I'll pass. Though, these washrooms are bandy if you're having a "loudest pee" contest. I think someone heard me from the computer banks the other day. How about downstairs, wbat I like to refer to as "Tbe Executive". Single bathroom, fairly remote, seems like a good choice. One little problem. It locks by an

\

electronic mechanism. I'm not sure about you, but I rarely leave my fate up to a machine wben I bave tbe chance (Fnr reference see such films as Terminator 2, and 2001_' A Space Odyssey). When I do my business, r like a mechanical lock on the door. Some of you might think I'm paranoid, but consider the following scenarios: l. You press the lock button, but not hard enough. 2. You press it a second time, to make sure. Does that lock it again, or might it unlock it? 3_ Tbe mechanism breaks. Everything breaks. You know wben broken things get discovered? Wbile people are using them. Let's have a show of hands-s-who wants to be tbe person who's in The Executive when we learn the mechanism has broken? 4. The electrician has to tum off power in one part of the library to fix something (I dunno, lets say the wireless, the doors to the library, the over-worked doorless fridge in the Grounds of Appeal) and also turns off the switch to the door lock. Next time you're in Tbe Executive, think about that.

And then there are tbe bathrooms in the basement of Flavelle. Has anyone else noticed the signs in the washrooms that tell us to report any problems? Well I've got a problem, they're a mess. Midway through exams I went down there to fmd a toilet had overflown and soaked all of the newspapers someone had so generously left for

ULTRA VIRES

OF

TORONTO

FACULTY OF LAW

FRASER MILNER CAS GRAIN

LLP

Students' law Societv thanks for supporting our third-straight championship!

OPINION & EDITORIAL

BY BEN REENTOVICH

s bealOwould Ike bo bhank. â&#x20AC;˘â&#x20AC;˘ UNIVERSITY

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The Occasional Law5chool Logic Gap I Saba's Soap Box: Why no tutors?

me in the stall. First off, I don't want your crappy newspaper witb a half-done Toronto Star crossword (by the way, the baseball player is always ALOU and Tokyo used to be called EDO, but I still don't know what a mall to Plato is). Secondly, maybe you should take your preexam stress dumps elsewhere buddy, 'cause 1 don't like it one bit. I don't know how Mike "who doesn't go here" operates in these kinds of conditions. At exam time 1 feel like Andy Dufresne at the end of "The Shawshauk Redemption", If you can't figure that one out, just remember how he crawls to freedom in the end. If I just ruined the end of the movie for you, well, you should have seen that one already.

'~

18 JANUARY 2005

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specific to the law school, but it is still troublesome that parking is higher on the Every once in a while it seems you priority list than bicycles and their riders. encounter something at law school tbatjust Tbe biggest logic gap though has to doesn't make any sense-s-these can range come from our Faculty's fine financial aid from tbe mundane to tbe mind-boggling. It policies, specifically witb regard to mature seems that sometimes whatever forces or students. There are a number of brain powers or energies that be come together to teasers out there as to how some things see if they can screw with us. . were derived, but tbe logic behind tbe Tbe most mundane example has to be financial safety net theory still baffles me. that we accept the condition of the Moot I n the past, if you were a student wbo had Court Room as is without protesting by been out of bigh school for seven years, refusing to attend lectures in there. We pay you did not have to claim your parents' one nf tbe highest tuitions for any faculty income on your financial aid application, in Canada, and yet every once in a while In their wisdom, some committee abolwe are forced to sit through lectures in one ished this rule and replaced it with no limit. of the most antiquated classrooms around. Regardless of your age or experience, you Okay, maybe it is on some long range plan have to claim your parents' income on your to renovate and update-I can understand financial aid application. funding issues that deprive us of what bave This creates the possible scenario come to be basics such as wireless access whereby a 40-year old person decides to and 'decent lighting. Where logic fails me is pursue a law degree but, not having accutrying to understand wby we are still using mulated many assets, would be denied chairs that people wouldn't even accept as financial aid because his 65-year old pardonations? Doesn't that say something ents still exceed the ridiculously low about the "premier" law scbool in Canada income threshold. Thus, this person graduwhen Goodwill would probably say ates $40,000 or more in debt, as opposed to "thanks, but no thanks" if we were to offer his 25-year old counterpart wbo is in a some of those metal monstrosities? much different life situation. Although, the I'm sure (read: hope) that the adminisschool can offer him a back-end relief protration bas some sort of long-term plan, but gram, so long as he doesn't break $40,000 is it really beyond them to pony up a cou: a year in annual income. Yeah, that makes pIe of grand to get something a little more sense. ergonomic? I'm not asking for a new paint For an institution that purports to train job, or refinishing the tops of those sorry people in a profession that values fairness surfaces, or even demolishing and rebuildand justice, why don't they apply these ing the place so adults can actually fit in concepts to their own policies? aSAP recthose rows, but for goodness sake stop ognizes financial independence at five making me feel like I need to bring my years post-university with continuo~s work own chair. Tbink about that... if you bad expenence. Why does U ofT hold itself to the choice, would you take patio furniture? a different standard?

Isn't tbere something wrong with that?

If you ask around, two explanations Speaking of wrong, explain to me why seem to surface. The first is that even if he someone can't leave their bicycle locked doesn't use it, our hypothetical 45-year old up in front of tbe school without fear of it has a safety net that others do not. Are they being stolen. A "friend" of mine left his serious? Does the administration really bike outside Flavelle locked up to one of expect mature students to go back to their the main bike racks, and when he returned parents and ask for money if they've been after a glorious evening of studying for independent fnr an extended period of exams all that was left was his broken lock. time? People should have the right to claim Upon further inspection, I realized tbat the their financial independence and have their Iigbt on the wall outside the bike rack was positions respected by the University. burnt out. The school was plenty quick in Tbat brings up the second argument, responding in the first few weeks when the which is that if they don't claim support, bikes interfered with parking outside the people still receive it. In effect, they will school by moving the racks around, but I cheat tbe system. This makes no sense-if guess it might have blown the budget to you can't trust people when they first enter I replace tbe light on a timely basis. I'm not the system to be ethical, how can you trust even talking about basic safety for those them once they are on their own and the I leaving the law school, which is an even pressure is on. Can't I sign an agreement of greater concern. some sort, or does my word only mean Misery loves company, and so as my something once 1 am a "professional"? Am "friend" retold his bike story, I beard of I untrustworthy as a student? otber bicycles that have gone missing tbis This lack of limit policy is too rigid, and year from outside the law school. It isn't it unfairly places financial hardships on

BY SABA ZARGHAMI

But the question really stuck with me. I keep going over it in my mind ... why does first year have to suck so much? The more I think about it, the more I realize that 1 don't have an answer and l'm not sure that there is ooe. (Exc~pt among those of us so beavily invested in our egos that we feel tbe need to constantly and publicly reiterate how it didn't suck at all and came naturally.)

As easy as. it is to get to second year, and slowly wipe away the memories of that traumatic rite of passage, I just haven't been very successful in this undertaking. In fact, I have recently fouud myself returning to my first year of undergrad, and questioning whether some of the major differences between tbis experience and that one are at all necessary.

I have no interest in pretending that I walked into my first class in undergrad with a strong foundation in post-modem theory and never struggled witb Foucault.

I struggled. This was not because I was younger, nor was it because I was less resourceful or autonomous than I am now.

It was because I was new to the material-I needed some help making my way through it Interestingly. [ received that help, and combined witb hard work, it yielded impressive results.

In a lecture of a hundred or so people, most if not all students will feel far too intimidated or shy to raise their band and ask the "stupid" questions. As a result, class discussions become micro-debates between tbe small handful of students who bave understood (and let's be honest, read) the materials. When this happened in undergrad, you could eventually go and see your T.A., and ask those stupid questions (after you, too, had read the materials). I greatly benefitted from this option at that time, and I still cannot understand why there is nothing of that nature offered 1D our program.

Tbis to me is the most striking example of a difference between the two worlds that just seems unnecessary. If one is to accept explanations for why law scbool is so front-loaded in terms of the material and the pressure, and why it is somehow pedagogically sound to place all the internal and extra-curricular weight of the program on tbe first year (leaving students to question their continued presence at the school past that point), then it must follow that the first year program should be dense in student assistance.

There are clearly some movements being made in this direction. However, 1 do not believe that lunchtime discussions on the structure of \he court system, 0'( summery-meking lessons in October, are sufficient. Recently, there has been some talk of setting up a peer tutoring program, but it has yet to come to life. Why is this?

Are there financial constraints, or have we all become so convinced that first year just is whai it is and must be lived through tbat we cannot bring ourselves to belp those who come after us?

Whatever the barrier, we need to move past it. We should go back to those moments in first year when each of us was feeling a little overwhelmed, and tbink bow much we would have appreciated that help. When a first year comes up to me next time, I want to be able to say: "Have you tried tbe tutoring center?

They're great! Tbey'li belp you understand the material, and they can even teach you wbat a memo is before you get asked to write one on an exam!" Now that would be some useful advice ...

mature students who are forced to pursue high cost financing for their educations because the school refuses to look at them as the individuals tbey are, but rather as self-serving manipulators. The old system

seemed to make sense, and I'm guessing the reason it was abolished was because too much aid was being handed out. If that is the case, just adjust the restriction on years, don't scrap it altogether.

So I'm sittmg by Bora's Head last week, less than entbused about being back, wondering where the hell everyone is.

How had I missed the genius boat of self-designating an extra week of holiday? Dammit. As I moved past this disturbing issue and began struggling with the debate.of "to Tax or not to Tax," a frazzled first year came along and asked me: "Saba, why does first year have to suck so much?"

Naturally, seeing tears welling up in her eyes, I immediately went into "upper year placating first year mode." I offered her many of the same generic (though much appreciated) banalities which were handed to me by upper years last yearknowing that at the end of tbe day, none of it would really make Property any less painful. "Do the best you can," "I promise it will be over one day," "everyone feels the same way you do, it's normal."

I

I

~==~.:-======::::~---------------------

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YOU WANT TO IE 01'4 OUR SIDE.

DIVERSIONS

18

ULTRA VIRES

SMORGASBORD: UV FOOD REVIEW

Remembrance of beefs past

between generic gwai-Io friendly dishes that you would find in any Chinese place The night hefore I in Toronto, and other food, which I on my very vague underleft for Paris on think-based exchange, I got standing of different styles of cookingis Szechuan. But the idea is that the dishtakeout from Pals WT international es are (a) spicy and (b) kind of dry, Famous Chefs from China [PWTlFCC] which is very different from the usual (376 College, at Borden), a Chinese Toronto less than spicy and very saucy place around the corner from my girlfare. friend's (and my new) apartment that I Both times that I've been to had heen eyeing for at least a year.

Now, it seems clear to me (i) that PWTlFCC, I've ordered a noodle dish, which falls firm Iy into the former cateFrench food is the pinnacle, the ultimate, the truth of the idea of cooking and (ii) gory; the crispy noodles with vegetahles and meats were delicious notwithstandParis is therefore the best city for eating ing their generic nature. But it's in that in the world. AndJ won't lie to you: second category that PWTlFCC really there are a lot of amazing restaurants stands out. Both times, we've ordered there, and the day to day eating experience, from crepes on the street to foie "shredded-deep-fried-beef-in-hot-sauce" ($9), which is a sort of spicy popcorn gras and oysters to my home cooked beef type dish, and is one of the better duck il I'orange, simply cannot be fairly things J've eaten. Ever. (Although to be compared to what you can get anywhere fair, I should confess that I once went [in eJse in the world. The last four months like, 1988] to a restaurant in Ottawa, on were my personal food heaven. And yet.

Sparks Street, which had a green sign, And yet, why did J find myself craving PWTIFCC every single day I was in where I ate a dish called "Crispy Beef", which I thought was the single best thing France? And why did I run, not walk I'd eaten to that point, and I dragged my there as soon as I got hack? Oooooh man! Because it's delicious. Setting parents around Toronto looking for it throughout the early nineties, never to aside dim sum, I feel totally comfortable find¡ it except for a brief period at a now saying that PWTlFCC is the best Chinese food that I've had in Toronto. defunct place on Spadina which I think was called Peking Garden and 1 know PWT1FCC has a large-ish menu with \0\% of dishes, which seem to ne divided was fined with heroin addicts, although

BY CHRIS ESSERT

"

not on Sundays at lunch which was when we would go. This "shredded-deepfried-beef" dish is that dish, and so a great deal of my love for it might be a sort of A la Recherche de Temps Perdu sort of thing. That said, my dinner companion on hoth trips also thought it was amazing.)

This second category also included a spicy green-bean dish ($7) which was really excellent, as well as something called "shredded-pork-with-tofu-jerky" ($8). Tofu jerky is surprisingly good.

Seriously.

I'm still waiting to try the "giantspicy-chicken-splash" ($15), which looked about three times as big as the other dishes, and which we were told was unsuitable for takeaway as it takes 30 minutes to prepare, but we saw it on a neighbouring table, and I'll be returning soon to dive in.

Also good about PWTIFCC: the service is excellent, and the wait staff will gladly guide you through the menu and recommend their favourites in tune with your persona] preferences. Go there as soon as possible.

Pals WT International Famous Chefs from China 376 College (just east of Bathurst). More food tlran two really hungry pretty big guys can eat: $35.

Fact Patterns registers TRADEMARK at 2:32PM on the 4th day of January, 1967. For many years HOCKEYTEAM is successful, and much goodwill attaches to TRADEMARK. On May 8th, 2003, at 4:53PM, a man named BETT purchases .HOCKEYTEAM and signs Mark to play on HOCKEYTEAM. Sadly, Mark is no longer a very good hockey player and HOCKEYTEAM misses the playoffs. The fans revolt. There is picketing. A series of demonstrations are organized. The organizer of the demonstrations, R. EZINAGRO, becomes a media darling. Arone demonstration Mr. EZINAGRO holds up a sign saying "TRADE MARK." Discuss any IP issues raised by this set of facts.

2. A mill-owning CAPITALIST egregiously exploits a WORKER, who bands together with his BROTHERS and SISTERS and revolts, taking control of the means of PRODUCTION and EXCHANGE and ushering in a SOCIALIST PARADISE. Discuss any issues that might arise from these facts. Please refer to the newly translated book of classical-Maoist verse, "The Crane Flies Over the Grave of my Capitalist Running-dog Aunt."

I. HOCKEYTEAM

SPECIAL PREVIEW SCREENINO OF

"ALEXANDER" wednesday,

5:00 pm~

I

BYANDREW BOTTERELL

CONTINUED ON P.19

choice I

Exam questions that missed the final cut

January 25, 2005

7:00 pm (doors open at 4:30 prm

Isabel Bader Tileatre. Victoria University. 93 Cilaries st. West ,

\

,

At Ogilvy Renault, the

plurality of personalities and expertise is a true strength of the firm. Not only does it allow me to work with people who are different from me, but It allows the firm to serve the needs of different clients. ,

,

Daniel Leduc dleduc@ogilvyrenault.com

OGILVY RENAULT

ogilvyreNiultcom

MESSAGE FROM THE DEAN Dear students, faculty and staff: I have long thought how wonderlul it would be to celebrate the spirit and camaraderie of our Faculty of Law community with a Movie Night-an evening of fun, relaxation, and a thought-provoking film. Finding the perfect movie was not an easy task. In a moment of serendipity, however, that movie just came along.

The epic film "Alexander" will be opening soon in theatres across North America. As it tums out, ij is directed by the distinguished Francis Ford Coppola, who drove past our wonderful Faculty of Law on his way to a Toronto International Film Festival event in 1984. Based on true events that emerged from the annals of history, Francis's ('84) "Alexander" documents the rise of a boy emperor from leadership of his little region of Macedonia to rule the entire western world. The film is thus an ancient version of the timeless tale of how a very clever boy can rise from being the Presiderrt of his high school debating club to be the Dean of the whole Faculty of Law-if not the whole University!while still a young man.

I would like to invite you. your family and friends to a very special ADVANCE SCREENING of this wonderful movie. Francis ('84) has kindly offered to allow our law school communlty to see the film before it is released to general audiences. We are selling tickets for the special price of $170.00. The price has been set so that our wonderful Facl,Jlty of Law can afford a generous financial aid package for people who attencl--watch out for me as I give away partial refunds as door prizes to a few lucky students on Ihe nightl I am confident that the ticket price will improve access for low-income students to Francis' ('84) film, just as our wonderful student-body is now awash with the children of the

poor.

I lOok forward to seeing you on the night.

-THE DEAN

DIVERSIONS

18 JANUARY 2005 CLASS ACTION

Cheating and breaking up

Many popular self-help books explain that there are two conflicting approaches to life.

When taken together, these can make decision-making confusing and the decisionmaker uncertain. The first perspective is best described by Nancy Reagan's favourite anti-drug slogan: "Just Say No". This is in direct opposition to that shoe company's slogan: "Just Do It". Tbese contradictory approaches to life can make decision-making particularly confusing when they are applied to relationships and sex.

Consider the well-known "to-call-or-notto-call" dilemma: you have just met the person wid, whom you want to share wedding cake. You want to call, but you don't want that person to think that you are too eager.

At the same time, you worry that not calling will make you seem uninterested. There are two schools of thought on the subject that follow along the lines of the two approaches to life mentioned earlier. Some will encourage waiting until the other person calls you; if they don't call, they were "just not that into you." The opposite perspective assumes that both parties are interested and if someone does not call, a great opportunity will be missed. The enthusiasts of this approach will call forty-five times before they assume that they have the wrong number. (They may also be charged with criminal harassment under s.264 of the Criminal Code.)

This conflict is especially apparent in considerations of whether to cheat on a partner. Proponents of the Just Say No perspective will obviously argue that cheating is always wrong. But is it? Advocates of the Just Do It approach might suggest that cheating allows people to live in the moment and be true to their feelings. A commonly published anecdote that often appears on magnets and notebooks reads, "Seize the moment: Think of the women on the titanic that waved off the dessert cart."

What if cheating is the dessert of relationships gone bad? In other words, cbeating can be the much-awaited resolution to a mediocre relationship that has fallen into the passionless comfort zone, which both partners know is never going to amount to a great connection, but both are reluctant to EXAM QUESTIONS CONTINUED FROM P.l8 3. JACK and JILL went up the HILL to fetch a PAIL of WATER. JACK fell down and broke his CROWN, and JILL came tumbling after. Please discuss any tort issues raised by this set of facts. Asswne that JACK and JILL took their stroll ill 1893.

Assume, that is, that PALSGRAF is not controlling and that DONOGHUE v.

STEVENSON has not yet been decided.

Along the way, please indicate why the Anns Test has destroyed the internal coherence of tort law.

4. PUNCH hit JUDy Discuss all procedural issues arising frnm this set off acts. If you think more information is needed to answer this question, you are mistaken.

5. BILLY is 6 feet tall, with long hair and blue eyes. He likes dogs. His partner, CARY, grew up in CALGARY and works as a rough carpenter. BILLY and CARY own a hnuse in LESLJEVlLLE, a cottage in MUSKOKA, and drive a black Volkswagen JETTA. BILLY is an excellent cook.

Recently, he made a COLD DUCK CON-

leave because the attachment gives them a false sense of self-assuredness. An intimate encounter with another person can prompt one partner to put an end to the comfort zone and allow both people to find someone with whom they have a true and lasting connection.

People are much more likely to adopt this approach when they are, in the immortal words of Ludacris, in different area codes.

What is the lure of the alternate area code?

What is it about leaving tbe home base that makes people more likely to take up the Just Do It approach? Is it simply being away from the comfort zone that motivates people to seek another's affections? Or is it that it is easier to become intimate with someone other than your partner if there is a minimal chance that the two could meet or that the cheatee would pursue anything further?

Perhaps an encounter in another area code reveals something more significant: that the cheater feels stuck or trapped in a one-sided relationship.

Any way you consider it, cheating is never a step in the right direction for a relationship. While this seems obvious, after an intimate experience with another person, many people return to their partner and try to recreate or reshape the connection.

Proponents of the Just Say No approach might suggest that cheating irreparably destroys the trust that the faithful partner will have in the relationship. But, if the encounter occurs in another area code, how' is the partner to find out'?

Perhaps the answer lies in the reasoning behind the Just Do It perspective: if you are tempted to cheat on a person, is this the person that you should be giving your heart to?

Though the partner may never be the wiser, you will always know about the intimacy you shared with another and your nwn trust in the relationship will be ruined. Cheating is therefore the ultimate signal that the person you ~are sharing yourself with is not shating your whole heart. Whether you accept one approach or another, cheating always hurts someone, bnt not seizing the moment can lead to hurting the most importantperson: yourself

FIT with SPINACH SALAD and ORANGE MARMALADE dressing.

CARY loves BOOKS and recently finished reading The Tiger's Revenge, by. Claude Balls. One day it was snowing and BILLY and CARY took their dog FIDO for a walk.

FJDO barked when he saw the snow falling.

The next-door neighbours looked out their window and waved. BILLY, CARY, and FIDO waved back. They returned to their house, ate DINNER, listened to some MUSIC, and went to BED. Please discuss any legal issues raised by this set of facts. . For simplicity, do not discuss any federalism issues.

- Essay Questions I. In an essay of 110more than three pages, please discuss your intellectual and moral failings.

2. Lord Mansfield once remarked that "the study of law is a boondoggle: a lifetime too long, and a thousand farthings too expensive." Discuss.

3. Suppose P sues in assumpsit and D enters a plea of non-assumpsit. Who is likely to succeed?

19

BOOK REVIEW

Mix of truth and fiction make for powerful read The Way the Crow Flies

by Ann-Marie MacDonald Random House, $23.00

REVIEW BY OREN BICK

My apartment was an absolute mess after December examsclothes and books strewn everywhere, shit on the bathroom walls-OK, that last part's not true, but it was in bad shape. It shone, however, compared to what 1 SM! when I went back to Vancouver for the break. December exams had not been kind to my sister's room either, and I had to pitch in and help her clean it up. Unfortunately for her, one of the first things J picked up off her floor was a book called The Way the Crow Flies, by Ann-Marie MacDonald. I started reading it sitting in a pile of my sister's month-old dirty socks, and was barely able to put it down until I finished it a week later. The Way the Crow Flies tells an engaging story in brilliant detail, and as a bonus for law students, the story even has some relevance to the ideas with which we're supposed to be engaging when we're not reading novels.

base) in 1959, and sentenced to death.

Public outcry over such a sentence being given to a teenager helped lead both to its commutation and to the eventual abolition of the death penalty in Canada. Today Truscott is fighting for exoneration, with a strong argument that be was wrongly convicted.

As the Ontario Court of Appeal mulls over Truscott, law students who encounter its variation in The Way the Crow Flies might be led to think about the causes of wrongful convictions. Once the police in the bock identify a suspect, for instance, tunnel vision seems to set in, despite a creditable attempt to re-cast a wide net in light of a new tip. Even more crucial is tbe credibility and reliability of courtroom testimony given by child witnesses. Madeleine and her classmates are the main characters in The Way the Crow Flies, and their world is a complex and nuanced one, the politics of which spill over into the courtroom. Apparently Ingrid Grant (III) wrote a paper on the danger of

The rust \00 'Pages or so set the scene". it

is 1962 and we are at Centralia Air Base, hal fway between London, Ont. and Lake Huron. OUf heroine, Madeleine, is eight years old. Her father flies a desk for the Royal Canadian Air Force and their family is a perfect picture of domestic bliss. The growing spectre of the Cold War does not manage to completely diminish the prevailing sense of optimism that things are right in the world. Madeleine's brother looks forward to starting flying lessons, while Madeleine casts ber sights even farther, to the mOOD. It isn't long hefore we are plunged into three overlapping plots. The first is an intensely personal trauma suffered by Madeleine at the hands of her fourth-grade teacher, while the second is the very public trauma unleashed upon the air base when a little girl is murdered. Meanwhile, a global plot is unfolding as well, as Centralia becomes a small, secret cog in larger Cold War machinations.

Each plot is full of secrets that must he kept, and the repercussions of these secrets are enormous, echoing like gunshots throughout the book. We as readers are privy to the secrets almost right away, and the book's tension is fuelled by the agonizing desire for the characters in the book to catch up. Madeleine and her father each keep their own important secret, and over the course of the story we see how their relationship to each other develops in the context of this constraint.

I was about halfway through the book before I realized that many of the details of the murder seemed familiar to me from the news.

Sure enough, Ann-Marie MacDonald acknowledges StevenTruscott as an inspiration for her story. Truscott was convicted of the murder of Lynne Harper in Clinton, Ontario (also home to an RCAF

Wrongfully

convicted Steven

Truscott.

child witnesses for Prof Roach's Wrongful Convictions class last year. While I'm sure it's a great paper, I hope Ingrid will forgive me for suggesting that this bock might be a more enjoyable way to understand why this type of evidence can be a prohlematic basis for a conviction.

But I'm getting distracted here, I suppose. That actually mirrors the distraction I felt when I realized that the book was based, in part, on a true story. Some details were so intriguing that I had to interrupt my reading and log 011tOthe Internet to check if they were based on Truscott's case. Many of the most intriguing details were fiction, underscoting Ann-Marie MacDonald's storytelling talent. The Way the Crow Flies, even without the Truscott angle, is a very compelling book.

While it would be a stretch to call the hook autobiographical, Ann-Marie MacDonald did grow up on military bases, and she is very good at writing what she knows. The rich level of detail, at both a micro and a macro level, provides a pleasurable context for a powerful set of stories.

What we are left with, as in many good books, is a detailed study of relationships.

Here it is about communities that look after each other and families that look after each other, and about the primacy that some relationships are given over others. Most of all, it is about a bond between a father and a daughter that flourishes despite the secrets they must keep.

ULTRA VIRES

DIVERSIONS

20

Uncovering the secrets to employment bliss

BY CHRISnNE SHALABY

better no"" so I can organize things as welt.

Call me.

John Q. Jobless LcUer 2: Too Desperatc Dear Recruiter.

This year at law school will cost me around $30,000. (JO.if I don) get this job. I will have to move back home with my parents in Leamington. I don t think I could take thor. honestly. Please hire me.

Please. I will do anything ... coffee runs, photocopying, whatever Please don't send me back there-I hate tomatoes! 1 don't want /0 spend this summer polishing my Dad's collection of Elvis busts.

Imploringly, Deepa N. Dett

Your cover letter is absolutely as important to your job searcb as your resume is.

II's 100 per cent pure you-writing, style, punctuation. font choice, etc. With this is mind, and heeding the new rush of job postings gracing each week's Headnotes, I humbly present some cover letter-writing tips. Let these sample letters guide you in what not to do in furore Letter 3' Too Creepy job searches. Good luck.

Dear "Recruiter ", Well, well, well. At last we meet again.

Letter I: Too Infomlal You thought I would never penetrate Hey there, your clever disguise .. but you thought Boy, you must really hate reading these wrong. I am on to you. Hidalgo. Your things. I sure would. Gotty, I don l' even, power suits, power lunches. and power like reading all that much as it is! trips may fool the rest oj those legal Once, in grade six. I had to do this goons, but J am not so easily bamboobook report about Superfudge, but I zled. didn i even read it! So I wrote this You thought that you had won, and whole thing about baking! Can you maybe you did, the lost time around. believe if??!!

But now I'm back. And I can reatly Anp¡vavs. I've come Q long way since shake it down. Do you love me, tlzeu-now I know that Judy Blume Hidalgo? Do YOI/ love me? Now that I never even wrote a cookbook! A nd I can dance to your twisted legallambausually read stuff now, if 1 have to. So do?

I .d be a super-good addition 10 your firm and whalnot. I'm also a good

wmer too, and my alphabet is much

I have returned. Beware. Ha ha ha ha ha ha l Iove your pants,

Seileo Path

--

Case briefs

BY LISA MINUK

Sansregret: 1 don't get it. lt wasn't even my idea to have sex!

SCC: Sigh.

CRIMINAL FAMILY

R. v. Chase Chase: Hello, 15-year-old neighbour girl, do you mind if! fondle you?

IS-year-old Neighbour: Excuse me?

Chase: Thanks!

Grabs I5-year-old neighbour by the BREASTS NB Court of Appeal: Boy, chicks today are soooo oversensitive. You don't hear men complaining when women grab them by their secondary sex organs.

SCC: Sigh.

R

Sansregret

I~

Sansregret: Hey, ex-girlfriend - DIE DIE DIE DIE DIE DIEI Brandishes BUTCHER KNIFE, BINDS her HANDS and PUNCHES her in the face.

Ex-Girlfriend: Em .... Let's have sex.

Sansregret: Wheel

Gajamugan v. Gajamugan Mr. Gajamugan: I think it's time I got married Orders BRIDE from MALA YSIA. Gets MARRiED. Mrs, Gajamugan: (shyly) Hi. Mr, Gajamugan: UGH! You have face marks! Why didn't anyone TELL me?

Tries to CONSUMMATE but remains FLACCID. Mr. Gajamugan: What am I, superman? We must annul.

Mrs Gajamugan: But then 1 will be sent back to horrific poverty in Malaysia where I will now be damaged goods. Can your Honour at least order him to get a divorce?

Trial Court: Sorry sweetheart, but his non-attraction to you is clearly an irreversible medical connection. Don't forget to ask for a window seat on the way home.

Grants Annulment with spousal support.

Sansregret charged with Sexual Assault.

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It is a place of good humour and good will with an uncompromising reputation for top-notch legal work.

Talk to the people who work here - you'll come to understand why Goodmans took the honours for being the top-rated firm in Canada for the second year in a row, according to the Canadian Lawyer law firm associates' survey.

For more information on our Student Programs visit us at www.goodmans.ca.

You can also contact Catherine Chang (416.597.4190, cchang@gpodmans.ca) or Chantelle Courtney (416.597.4202, ccourtney@goodmans.ca).

Our U of T Students Ian Andres Danny Cappe Ian Disend Peter Hawkings Andrew Hennigar Kyla Lamarche Greg Lemaich

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Vanessa MacDonnell Karen Murdock Sarah O'Connor James Rickert Logan Willis Marisa Wyse

Go 0dmans Barristers & Solicitors I Toronto I Vancouver I Hong Kong I goodmans.ca

18 JANUARY 2005

DIVERSIONS

21

Law Games: Athletics by day, Alcohol by night

BY OLIVER DEGEEST Three days into the second semester, two student-filled Greyhound buses made their way up the 401 to Ottawa-the home of Law Games 2005. I bad never attended Law Games, and only realized the importance of the athletic component of the competition when 1 noticed Matt Pierce (III) not only board the bus cradling a miniature Stanley Cup like a newborn, but also request that someone give up their seat so the trophy would have a place to sit. Only then was it clear we were on OUf way to a three-peat.

I assume the action started bright and early on Thursday morning though, to be honest, I was in bed still trying to figure out how I had gotten home from the previous night's alcohol Olympics ..

We got off to a rocky start as a tardy but skilled Montreal badminton team defeated Gahi Szerze (1) and Yousuf Aftab (II). While complaining of alcohol-related "spins" and the fact that badminton is "not a sport," Szerze also noted that Montreal eventually won the gold. Special mention also goes to Holly Lou bert (I) who dragged herself out of bed and covered for Aftab, who was also late.

Next up was floor hockey, an event we nearly missed due to the early start time, and confusion as to the location of the gym. Once underway though, Ryan Taylor (I) led the charge against the defending champioos from Montreal. Taylor scored five goals including a Crosby-esque move where he corralled the ball on his stick, spun through the crease, and roofed a backhand over the goalie's shoulder.

Special mention also goes to the defensive pair of Sarah McEachern (1) and Lome Kotler (I). In particular, Kotler bodychecked a Montreal forward through a fire exit door into the stairwell, and, not knowing if he was going to get a penalty, conveniently subbed himself out of the game.

Despite our balanced attack, Montreal

Procrastination Frenzy

BY ANGELA CHU The beginning of term is always marked by high hopes. This time is going to be different. This time, I'm going to study at tbe library every day after class. I'm going to start researching for my paper early. Like maybe ... in the first month of school. Less solitaire. More discipline.

But of course, these plans inevitably fall apart and have done so for every semester since undergrad. So let's not kid ourselves and take the time to thoroughly enjoy our procrastination tactics.

Here are some things to pass the time, while your books are laying low in your locker: I. The ultimate in useless procrastina-

proved too strong and prevailed 11-10.

In indoor soccer, Nii-Apa Lamptey (I) captained and managed to win our .:first game, but then lost in the quarterfinal to a surprisingly all-Brazilian team from MeGill. Hmmm. Special mention to Chad Leddy (1) for losing a pre-match game of paper-rack-scissors and having to play goalie.

Tn ultimate, our squad won their opening match as the Windsor team predictably defaulted. Next lip was a high-strung group from Western, still bitter from losing to us last year iu Halifax, and clearly intent on making good after a year of practice. While defeating our squad fairly easily, it was unknown to Western that the majority of our team was still inebriated from the night before. In particular, Andrew Hennigar (II) failed a breathalyzer before the match. Dave Lisson (Ill) thanked captain Evan Thomas (II) for the wake up call by rolling over in his bed and yelling, "*&A% you and your ultimate!"

Classic.

Fresh off a loss in intramurals, team

captain Scott Kirkpatrick (Ill) was primed to bring glory back to U ofT, and lead our football team back to the promised land.

Opening victories against UQAM and Windsor sparked whispers that our team was here to win. A further 27-0 trouncing of MeGill landed our squad a spot in the fmals. Every player on the squad-male, female, and even our mascot Biley played

by Andrew Hennigar contributed witb either a touchdown or convert. Also, the normally reliable Paul Galbraith (Ill) provided onlookers with a great "mugger" impersonation owing to his many pass interference calls. In the final, we faced our cross-town rivals from Osgoode, as well as a group of Western supporters on the sidelines who threw snowballs 'at our players to thank us for last year. Will, the score tied 21-21 after regulation, and three overtirnes elapsed, Osgoode converted a desperate Hail Mary and won the game.

This second place finish, though disappointing, would eventually help our overall standing.

In basketball, it was clear that our team

tion.

Incidentally, cide" all post-date the summer purchase! also the coolest (and While it's true that even the most credidorkiest) in music ble music connoisseurs have a few skelecollection organizatons in the closet, this exercise in protion. How did Rob crastination might still be too much of a Gordon organize his shameful exposure to endure. records? OhW, yeah.

2.a) This suggestion is much more feaYou know it.' sible. It's .also probably something Autobiographical, you've always wanted to do. You know baby.

I've never those songs that get stuck in your head? actually heard of anyone doing tbis in The ones you only know one line to? Or real life, but pretty much anyone who perhaps, more annoyingly, the ones where you only know one (heavily saw High Fidelity thought about it. This task, however, has a few downsides. repeated) word? And most tortuous: the First, it could take an incredibly long tunes you can only hum to, but can't lime. Who the heck remembers when actually verbalize a single lyric. Learn they bought every single album they the rest of lhe words, already! I would own? But more importantly, how much love to know, for instance, what else of our music poseur-ness would be Foreigner bad to say, other than "I want revealed by such an organizational to know what love is II want you to show scheme? The jig is up: everyone will me I I want to feel what love is I I know know that you bought ''In Utero" in the you can show me." Yeah, belting out summer of 1994. Even worse-that those lines alone is still pretty awesome, "Bleach," "Nevermind," and "lncestibut wouldn't it just be the icing on the

was flawed from the outset. We simply had too many good players. We subbed players on and off the court at a frantic pace, but it was to no avail. We could not give the other team even the remotest chance of winning. For example, we had more points in the first half of the final than our opposition, Sherbrooke, had in the entire match. The 5628 victory in the finals capped off an amazing tournament highlighted by victories over Osgoode, Western and McGill.

While clearly a team effort, captain lan Andres (II) must be commended for keeping our superstars in cheek, and point guard Mike Gleeson (Ill) deserves recognition for evenly spreading the ball to all members of our team. Overall, this was a delight to watch.

Not to be outdone, our volleyball team walked onto the court knowing that victory would vault our team into contention for the overall award. Having defeated both Ottawa and Dalhousie, we entered the finals against an overzealous team from Montreal, chock fun of talent, fans, and even two mascots. Unfazed by all the distractions, our team started strong and never looked back. Led by Jared Kelly (I), Nadir Nunnohamed (11), Gabi Szerze (I).

Leslie Zamojc (III) and Scott Kirkpatrick (Ill), we showed tremendous depth, and poise well beyond our years. We won in two straight sets, and glory was to be had.

During the awards banquet, tension arose. Windsor also had put forth a strong effort, and no one was' certain which team would win. However, at midnight we were rightfully presented with the sports trophy, and we graciously accepted as three time champions, The trophy is safe inside the law school ready for next year wben we look to defend our title as athletic champions. cake if you could know at least ooe verse? Try also: EMF's "Unbelievable" or Snow's "Informer," 2.b) Wbile you're at it, unlearn the words to songs that you should just stop knowing. Seriously, just stop. Tbere are some songs where the lyrics are so effectively branded in your head that you can't help but recite. "Ice, Ice Baby," for example, got way too much airtime in its day. As an unfortunate result, I have since been unable to forget the first verse and a half. (It's a really long verse and a half.) Word to your mother. Ugh! Get it out!!! I can't for !be life of me remember ease names, but somehow can whip off: "To the extreme I rock a mic like a vandall Light up the stage and wax a chump like a candle" at the drop of a hat. That's just sick. Try also: Queen's "Bohemian Rhapsody" (you might want to rethink this one, because it would require you to stop watching Wayne's World over and over again-it might not be worth it).

,.

FASHIONABLY YOURS

Making up is hard to do

BY JULIA GUARAGNA On my way back from exchange in Amsterdam, the airline managed to lose my luggage for two weeks. (This airline shaU remain nameless,

but let's just say it's no surprise that tbey are in Chapter II and I)

I

ULTRA VIRES

DIVERSIONS

22

may soon being liquidating assets.)

Anyway, four months worth of clothes, shoes, gifts, rolls of film, etc. were in my lost luggage. But of all that stuff, tbe one thing tbat I really missed, the one thing that drove me to unleash a wave of fury at the airline customer service representative, was my makeup! Istarted calcu!ating bow much the items in my luggage were worth, just in case they were lost forever. I realized that my makeup alone is worth several hundred dollars (that M.A.C. stuff sure adds up). After a few days of making due with some crappy makeup that I had left at home, I finally caved and went to M.A.C. for some basic supplies. That is when I had an epiphany: my makeup is my most important fashion accessory. I had cute clothes to wear (since [ couldn't very well bring all my clothes to Amsterdam), but all tbe clothes in the world can't help you when you're stuck without 80 much as a concealer stick.

knowledgeable, the products are extremely good quality and therefore good value for your money, and they have the absolute best selection of colours and textures. For the record, I'm not affiliated with M.A.C. in any way, I'm just an obsessed and happy customer. It is worth buying good makeup brushes, eyeshadow, concealer. foundation, bronzer and blush. I'm rather tom on the question of lipstick. M.A.C. lipstick is great for the range of colours, which snmetimes publishes photos of hut in my experience lipstick doesn't stay celebrities without any makeup. While 1 on no matter how expensive. With regard usually consume only serious readiug to eyeshadow, the pigmentation of a drugmaterial such as tbe Secured Transactions stnre brand (think Maybelline and Cover casebook and War and Peace, I occasionGirl), is weaker and it will fade quickly on ally (okay, regularly) dabble in a little the eyelid. Premium brand eyeshadow like tabloid reading. Ladies, ynu should snap M.A.C. lasts forever, because you don't up a copy of Star! whenever such pictures need to apply much to get a lot of colour are published, because they are like Viagra onto the eyelid. So while you may think for self-esteem-it goes right up after see- it's cheaper to buy drugstore brands, you'll ing Cameron Diaz look- ~-----------have to use a lot of ing like bell.

That is when I had an tbe product.

The It amazes me that so same rule applies for many girls spend a lot of epiphany: my makeup is blush and hronzer.

money on clothes and a my most important And if you are going lot of time in the gym, all to insist on buying in the pursuit of fabu- fashion accessory. cheap makeup, at lousness, and yet neglect least apply it with their makeup. I'm not good quality makesuggesting getting fully made up, hut there up brushes, preferably made from natural is not a girl out there that wouldn't benefit and not synthetic hairs. Try applying eye from a little mascara and lip-gloss! makeup with good brushes, and you'll The most important thing you need to wonder how you ever managed to apply it know about makeup: with few exceptions, with those awful little sponge applicators. you get what you pay for. Personally, I High quality concealer and foundation love M.A..C. makeup, so I buy almost are also worth the extra money, since they everything there. The salespeople are usuusually provide better coverage, won't rOT proof that the makeup makes the aH)' makeup artists, so they're realty slide aU over face. and the wider range of ~U\. \ook no furtnet" tnau Star! magazine,

UV Crossword

Mishap with OCI swag item prompts student to condemn law firm recruitment toy "arms race"

BY LISA MINUK 2

3

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colours better ensures that you will find one that matches your skin tone. However, I recently discovered Sally Hansen foundation in an aerosol spray bottle, which is really cheap and is actually a really good foundation! So there are exceptions to the rule.

I've said it befnre and I'll say it again: it is not worth buying expensive mascara.

Maybelline is the absolute best, and for six bucks, even poor law students can afford it. It also doesn't pay to spend much on black eyeliner, although I will dish out for green, bronze, and blue liner. Since all nail polish brands chip equally frequently, there's really no point in buying a more expensive hrand (the exception is OPI brand which is sold at beauty supply store; and used at most nail salons). The most underappreciated tool in my makeup drawer: my Tweezerman eyelash curler. I don't even boiher putting on mascara unless I curl my lasbes first-when it comes to eyelashes, why take half measures?

As with fashion, makeup is rife with pitfalls to avoid. Among the worst makeup faux pas: foundation that is improperly hlended or too dark or ligbt (awful!); eyeliner drawn on tbe inside nfthe eye (really bad, and unhygienic); frosted eyeshadow on wrinkly eyelids (unflattering); brown lipstick and/or unblended lip liner several shades darker than the lipstick (so circa 1992); and of course, too mucb makeup!

This is tbe chief difference between cute clothes and makeup: in the case of the latter, there is such thing as too much of a good thing.

9

10

Congratulations to Rebecca Katzin for her winning entry in the caption contest.

Rebecca, we'll email you when you FIFTY DOLLAR CHEQUE is ready.

12 14 17

The runners-up were:

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2. The truth behind The Wagon Mound - Hugo Sin

ULTRA NEWS

18 JANUARY 2005

Ultra News: Not-50-Real News From Around the Law School Human-Rights Clinic ripped out those people's kidneys for "a good cause" U of T's International Hurnan Rights Program (IHRP) clinic is under fire for selling the organs of Belizian teenagers on the international black market. Belizian .police reported that dozens of willing donors were flown from that nation's destitute Mayan neighborhoods to hospitals where transplant surgery was perfonncd.

Recipients may have paid as much as US$IOO,OOOfor tbeir ill-gotten organs.

The clinic staunchly defends its sales practices, accusing the press arid wider community of cultural imperialism. "We only took people's spare organs," clarified program director Noah Novogrodsky, "and we did it to set them free."

"What good is winning a land claim or being accepted as refugees without economic self-sufficiency?" asks clinic student Shem (II), "Noah tells us to help our clients help themselves, and that's what we do." Novogrodsky elaborates that "organ sales are very lucrative and our commissions-mine and the clinic's-s-are minuscule by international standards."

- Lisa Minuk

Ultra Vires fashion critic Julia Guaragna is reportedly fuming at property law Professor Jim Phillips' "lack of effort and variety" in wardrobe selection, accusing him of setting a poor example for students.

"I saw him in tbe hall tbe other day and-here's a shock-it was a sbortsleeved, plaid button-up. What is this, 1999?" asked Guaragna rhetorically. "It's like he's not even trying anymore."

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- Todd Chernecki

"Picture this," she continued. "Jim Phillips in an Italian charcoal suit, with a burgundy Versace tie and shoes hy Hugo Boss. But would that even occur to him?

Of course not." Phillips. could not be reached for comment.

-Jan Disend

A third-year UoIT law student wbo has asked not to be named has been dismissed from jury duty in a local criminal case.

Ineligible for service due to his status as a legal scholar, the student-wanting to serve 'just for kicks"-managed to' conceal his line of studies until the fifth day of trial.

'We were in deliberations, and everyone in the room was convinced the guy was guilty because he'd confessed. But then I said, 'hang on a minute, what about the judgment of Spence 1. in R. v. Horvath,

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22. 200 I menacing computer 23. where most self-respecting law students are Friday mornings 25. Victor Hugo's overzealous policeman 26. happy garhage bags 27. fakes (in hockey) 28. __ -gritty 29. what you probably study 30. some IDs also are getting these 31. domain name suffix in University Internet addresses, usually American

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A second-year student, asking not to be named, recently failed to notice a critically important e-mail from her mother, due to her account having been inundated with 378 e-mails from Merrill Boden. ." was SU{)'P0sed to fmd a '{l\ace tor m"j

The. University of Toronto Law Scbool Administration (UTLSA) is suing twelve ID students for copyright violations.

"Tbese lawsuits are part of the UTLSA's growing concern over the transfer of 'bootlegged' audio copies of lectures," remarked UTLSA lawyer Debbie Rosecrown. "In some cases, these students were even making these copies available to students who missed the original lecture. It's getting out of contrnl."

Student organizations, however, decried

cousin to stay while she was in Toronto for two months, but I never saw the e-mail because it was sandwiched in between message 266, about Women and the Law, and message 268, about a Constitutional Roundtable," explained the student on the verge of tears. "Now my cous,in's got nowhere to stay and tbe wbole family is really pissed at me," "For all I know, my mother may have written a second time to yell at me, but I've got to clear out 418 messages hefore I can find out."

-Tan Disend

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where a state of total emotional disintegration was found to render a confession involuntary within the meaning of tbe Ibrahim test?' Yeah, that pretty much blew my cover."

The student was dismissed from tbe jury with a stem warning.

-Ian Disend

Juror revealed as law

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- Todd Orvitz

the move as a "knee-jerk reaction" to this increasingly popular practice. "I'm paying over $18,000 in tuition," said Mike (II), "and the Administration is trying to tell me I can't record my lecture. That's fucked up," he added.

Legal experts have questioned tbe UTLSA's guerrilla-style tactics in dealing with the problem. Making a recording for one's personal educational use is a legally recognized exception to the pnssible copyright infringement.

The UTLSA, however, remains vigilant.

"This is just the beginning of our hattle," stated Rosecrown. "Until we can develop an adequate means of extracting royalties from students, we will not stop," she commented. "Next on our hit list are students seen taking excessive notes in lectures."

Slack-jawed rapscallions loiter despite "excellence"

student, kicked off pane\

Guaragna incensed at Phillips' wardrobe

3. At the University of Toronto, our professors don't just talk out their asses ...

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