LAW
VOLUME 7 ISSUE 1
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SEPTEMBER 13, 2005
SINCE 1999
Dean Daniels leaves uOr T, Brian Langille interim Dean BY GEOFF MOYSA & KEIR WILMUT
In a move that shocked law students and faculty alike, Ron Daniels announced on April 25 his appointment as Vice-President and Provost of the University of Pennsylvania The appointment, effective July I, 2005, meant an almost immediate end to Daniels' 10-ycar tenure as the Dean of the University of Toronto's Faculty of Law.
"Although some of the challenges we Faculty's body of scholars and decreasing faced were not easy," read Daniels' state- the student-to-faculty ratio from 18: I to ment, "I believe history will show that we 9: l, while increasing the Faculty's endowmet these challenges with imagination, ment from $1 million in 1995 to $57 milprinciple and courage and that we and lion in 2004. He also oversaw significant legal education in Canada arc much curnculum changes, including an stronger as a consequence." increased emphasis on globalization and Never one to shy away from challenge international legal perspectives, and and controversy, Daniels' term as Dean implemented a deeper needs-based finanwas one of significant change for the cml aid program. In January 2005, Daniels Faculty. He is credited with expanding the unvetlcd plans to move the law school to a
new $80 million facility in order to meet the needs of the school's continued expansion. Daniels' tenure, however, generated significant opposition from within the student body. The Faculty's rapid expansion and impressive hires were partially made possible by a significant increase in tuition from $4,500 in J995 to more than $16,000 CONTINUED ON P.2
\\Ilham Wanless (I) swims with Mayor David Miller at Toronto city hall as part of the 2005 first year Orientation scavenger hunt
Orientation committee shows life beyond Yorkville BY SARAH MCEACHERN
Once again. the incoming first year class was welcomed to the Faculty w1th a blitz of lunches, speeches. and social outings. This year's Orientation Committee, however, made significant changes to the tone of orientation In an attempt to make the week more mclusivc. Kate McGrann (II) and Kathryn Bird (II), this year's "Orientation Dream Team" co-Chairs. initiated a statl' drinking limit and other changes to what they sec as the traditional Orientation experience. Kate and Kathryn were inspired to organize orientation week through a desire to make 1t "better. as in more balanced," than last year. "We applied for the position in the hope of giving au t1me and air space to all people and all voices," Kathryn explained. "We are trying to even the playing field," added Kate.
The coordinators felt that a fixed image or the law .-.tudent was pushed during Jasl year's orientation. This image is that the law student drinks a lot, signs up for DLS, edits the La\\ Review, and hangs out in Yorkville. Hoping to get away from this prescribed formula, Kate and Kathryn invited Advocates for Injured Workers to speak. created a S\!parate Public Interest Fair independent of the Clubs Fair, and set a two-drink limit on group leaders. They also chose Queen Street 0\Cr Yorkville, planned smaller group events so that shy people wouldn't feel intimidated, and deliberately headhunted group leaders from various backgrounds. The emphasis placed on public interest was noticed by students such as Graemc Hamilton (I) who was surprised that Orientation wasn't more corporate-focused after being warned about omnipresent sponsorship and endless law firm plugs.
Ovemll, the week was a success. first years seemed generally pleased with the events and felt fortunate to hear from renowned guests such as Chief Justice R. Roy Mc\1urtry and attorney Barbara Jackman. Other Orientation favourites were the WIDE game, the small-group dinners, the Dean's Barbecue, and Lord Denning's Picnic on TQronto Island. Many first years also appreciated the free transportation to lkea on Sunday. This is not to say there wcren 't the usual complaints about long days (Tuesday's schedule \\as an 18 hour marathon. starting with a 7:30am breakf.1st and ending w1th a hot and noisy evening at El Mocambo), and too many speeches. Upper year group leaders seemed less pleased. Some felt being told how much .they were allowed to drink was patronizing, feeling this is a decision they can make for themselves as responsible adults.
Others were disappointed to be let1 hungry at the beginning of the \\eck \\hen food ran out at the luncheon bullet. and punled as to why there ne\ cr ecmcd to be enough forks to go around, forcing them to cat chicken kabobs with a .spoon. CONTINUED ON P.5
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INTERVIEW WITH THE DEAN P.8 DEAN SEARCH P.9 VAlEDICTORY SPEECH P.14 SUMMER MEMORIES P.16 SLACKERS P.18
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Department of Justice to fill K.rakauer's seven years of experience within the role as Acting Director, Career administration to her new role. "I'm a Development Programs. Finally, Alexis graduate of the faculty, and have spent CONTINUED FROM P.l Archbold was hired as the coordinator of most of my legal career here," said in 2004. Even this amount fell short of Acting Dean until Professor Brian the Law in Action Within Schools (LAWS) Goldberg. "In those years, there's very htDaniels' original target of $22,000 per Langille was appointed Interim Dean on Program, and Farah Yameen was hired to tle I haven't been involved with at the school. I was fortunate to work with Lois the Financial Aid Office. year, as the Ontario Legislature stepped in The Faculty.suggests that the transition on a lot of stuff." to set a temporary cap on tuition for proGoldberg describes her new portfolio as has been a smooth one. "Thus far, the curfessional programs in 2003. Daniels also "supervising most of what goes on on the rent structure is working very well, and came under fire in the 2001 Grades of Falconer," which includes main floor is an added element of collaboration there Scandal for launching an investigation into everything from financial aid, admissions, of transition,'' and camaraderie in times Professor Denise Reaume 's class comand the records office to course selection said Associate Dean Sossm. Interim Dean ments on grade inflation. The mvestigation •. faculty leaves, and whatever exchanges Langille, who served as Acting Dean durwas criticized publicly by members of One of the first other help students need. 2003-2004 ing Daniels' absence in the larger legal academic community as being school year, attributes the successful changes implemented by Goldberg over harmful to an environment of intellectual changeover to Daniels' leadership in the summer was the consolidation of freedom. staffing the administration. "One of the financial aid and admissions behind one The timing of Daniels· announcement things people may not have noticed about service desk in Falconer, making it easier was unexpected. coming one day before [Damels'] contribution was the serious lift for students to resolve their enrollment and Dr. Da'l:id Naylor's appointment as in the quality of the administration. Lois, payment issues. "It's a huge role," said University of Toronto President. It was Bonnie, Lianne, Nikki Gen;hbain, Kate Goldberg, "and I'm learning every day, widely speculated that Daniels had aspired Hilton - these are all people that Daniels every hour." to the office of President. Many students While a search committee has been added. They all have law degrees from this criticized the abrupt nature of Daniels' institution, are very good administrators. struck to select a new Dean (see "Search departure. He briefly made an appearance and are very talented people. When I came for new Dean" on page 9), the role of at the end of year barbcquc before loading to this institution 20 years ago, none of Assistant Dean will not be filled until a boxes into his car and driving away. U ofT Provost Vivek Goel will that ex1sted. So one of the lessons here is permanent Dean is in place. Daniels' departure was not the only one recommend the new Dean - that when you have terrific people in that shook the Faculty over the summer. place, you will have the resources to deal On July 25, Lois Chiang (Assistant Dean, Students) announced that she was leaving July I by U of T Provost Vivek Goel. with a transition like this." According to Langille, the most signifithe University of Toronto to assume the Bonnie Goldberg has stepped into post of Daniels' Executive Director at the Chiang's role as Acting Assistant Dean, cant hurdle may have been Chiang's unex~ University of Pennsylvania effective and Lianne Krakauer has taken over pected departure to join Daniels. "When August 12, 2005. Goldberg's role as Acting Assistant Dean, [Daniels) left, we all said 'well, at least he · The departures left the Faculty's Career Services during the transition peri- won't take the entire administrative team 0 administration scrambling to fill two sig- od. Sogie Sabeta, who received her LLM with him,' but then he took one of the very nificant and immediate vacancies. from the University ofToronto, has taken best." However, even this transition went A.ssociate Dean Lome Sossin served as a \eave from her caTeer with the smoothly, with Goldberg applying her
Administration changes
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13
NEWS
September 2005
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Students request tuition refund from IP course Student complaints about unclear evaluation process results in last-minute pass-fail option BY GEOFF MOYSA An unexpected change to last Wmter's section of Intellectual Property set in motion a series of events that left angry students demanding a tuition refund and the opportunity to re-take the class. The protests resulted in a mid-April decision by the Faculty to give students the option to have their exams assessed on a pass-fail basis due to confusion over the course's expectations. The problems· began when Professor Jonathan Putnam took a leave of absence for the Winter semester. and subsequently resigned in May 2005 (see "Faculty Changes;· page 6) Putnam was replaced by Casey Chisick, an intellectual property lawyer from Cassels Brock & Blackwell. However, Chisick could only teach the Copyright portion of the class, as he left midway through the term to pursue a new career opportunity as the co-founder and CEO of a television production company. Don Cameron. an intellectual property litigator from Ogilvy Renault, agreed to teach the second half of the coun;e as a Coordinating Practitioner in addition to the Patents seminar he was already coteaching at the law school. However, students expressed dissatisfaction with Cameron's leadership over h1s half of the course, as he delegated most of
the class sessions to a series of practitionen;. "Mr. Cameron had difficulties with scheduling and he arranged tor other guest lecturers to replace him at some classes," explained Associate Dean Lome Sossin. "A coun;e such as this, where. concepts build on top of each other and require continuity between classes, doesn't lend itself to being U taught by a multitude of practitioners,'' said thirdyear law student Urzsula Wojtyra. "The only exception would be if the supervising teacher, in this Don case Cameron, actually came to each class and told them what to teach. He didn't do this. He didn't even give them a copy of our casebooks" Students also reported that there was a high degree of overlap between various lectures, and that some of the lectues failed to address topics adequately or reference the assigned readings at all. Requests to have lecture notes and overhead slides
made available were ignored. and no topic outline of the course was provided before the final exam. Fearing that they did not have the information necessary to prepare for the exam, a number of students wrote to the faculty expressing their concerns in mid-April. "As a result of the poor coordination of the multitude of lecturers, the course is severely disjointed, and we have basical· ly been left to teach ourselves," read the letter sent to Associate Dean Sossin. The letter requested that students be given the option to be evaluated on a pass-fail basis on the exam, a partial refund of the tution paid for the course, and the opportunity to re-take the course for credit. The Faculty responded by granting students a pass-fail coun;e evaluation option. "For reasons of the integrity of the academic program, it is not open to students to decide to withdraw from a class once the drop-add period bas passed. and then re-take it," exp\a\ned
hopefully my future career in IP law won't require repeated explanations of a 'P' on my transcript in the IP course.
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Sossin. "There is no policy for tuition rdunds due to dissatisfaction with particular courses nor would one, in my view, be appropriate." For the most part, students were satisfied with the faculty's response. and recognized that blame could not be placed on any one party for the unfortunate situation. "Professor Cameron did the school a favour by agreeing to coordinate a course for which they were missing a professor," said one student in the class who wished to remain anonymous. "And the administration was very receptive. but of course we contacted them too late in the term for there to be a meaningful solution to the problem." Despite the Faculty's quick re5ponse, for many students the damage had already been done. The evaluations for the second half of the course were overwhelmingly negative, with 77% of respondents giving the lowest possible rating to the question "would you recommend this course to other students," and 57% giving the lowest possible rating to the question "oveml\ was the intellectual return worth the effort?" Said Wojtyra, "hopefully my future career in IP law, which is where my interests lie, won't require repeated explanations of a 'P' on my transcript in the lP course."
NEWS
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Cellino & Barnes in trouble BY GEOFF MOYSA
Responsibility states that an attorney who is suspcnded may not hold himself out as a Ch1valry may be dead, but Champerty is lawyer. ahve and well in the state of New York. The Ccllino & Barnes finn gained Ross Cellino, one of the principal attor- infamy in the eastern United States and neys of infamous New York personal Canada for its omnipresent radiO and teleinjury finn Cellino & Barnes, was sus- vision ads and over 150 billboards featurpended in June by a unammous panel of ing the slogan "Injured'?" framed by an fi~e Appellate Judges for "advancing image of the two named partners. financial assistance to chents that was Ironically, the firm's ad\ertisements have unrelated to the expenses of litigation." become its most enduring legacy. Ccllino Traditionally knO\\n at common law as & Barnes is widely credited for inspiring "Champerty and Maintenance." this the aggressive and garish advertising on offence has fallen into disuse in most com- television and billboards now associated mon law jurisdictions. Cellino 's partner, with p~rsonal injury firrru;. Stephen Barnes. was censured based on The firm's advertising practices have thc same allegations, but allowed to con- been heavily criticized by fellow lav..'Yers, tinue practicing. and lampooned mercilessly in pop culture, In addition to finding that Ccllino and creating a pcr\asivc stereotype of person Ba!T'es advanced inappropriate financial al injury la\\'Yers as "ambulance chasers." assistanc~:, the Panel found that upon disThe rise of such advertising has been a covering the impropriety they subsequent- concern in the legal profess1on since I 977, ly "arranged for the establishment of, when the United States Supreme Court fundcd and controlled [a] company owned decision in Bates L Arizona first opened by respondent Cellino 's cousin and that the door for attorneys to advertise under they did so in order to continue loaning the First Amendment. The New York State money to clients." The Panel, however, Bar Association recently developed a task rejected the Committee's findings that force on the proliferation of attorney Cellino and Barnes Improperly solicited advertising in response to the growing two hospitalized accident victims. trend. The ruhng has forced a massive rebranding of New York's largest and most publicized personal injury law firm, now known as simply "The Barnes Finn." While Cellino may apply for reinstatement . ..... a . . .. in six months, the New York State Bar ~~~·.·,..~~{&It • .. ~'. t\.~~ociation's Code of Professional
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Faculty still looking for lead donor for new building BY ANDREW PILLIAR As law students return for September courses, it remains unclear how many more classes will pass through Flavelle and Falconer before the Faculty moves to a new building. The Faculty has a hold on a University-owned site, known as "site 12." at the comer of Devonshire and Bloor Streets. However. according to Kate Hilton. Assistant Dean of Alumni and Development. there has been little movement on the project over the summer. The Faculty is still looking for a lead donor. and without one, there has been no progress in the Faculty's planning or consultation process. Interim Dean Langille confirms that much of the fundraising is on hold until a permanent Dean is appointed. "[A new building] involves some very major financial commitments from people. There's a lot you can do in keeping the project alive in terms of keeping the campaign going, but a lot of these thmgs are dependent on the identity of the new permanent Dean. People have to know the person, and have faith in his or her ability to carry out the task at hand." Nevertheless, there appears to be httlc concern about the pace of the proJeCt. Although the Faculty's proposed move has yet to be approved at Governing Council, Elizabeth Sisam, Assistant Vice-President of Space and Facilities Planning at the University, explains that her office is wary
of seeking project approval before the details of the project have been set out. Within the Faculty of Law, Hilton remains optim1st1c about the project, although she recognizes that the Faculty is in a period of transition. "We've lost the University Pres1dent. the University's Chief Advancement Otlicer, and the Dean of the Law School in a short period of time, all of whom were key players. It's led to some delay.'' At a townhall meeting in May, Provost and Vice-President Vivek Goel suggested that the Law School will have one year after the appointment of the Faculty's new dean in "hich to make.significant progress on raising an estimated $70 to $80 million. The building project began several years ago, when the Provost struck a User's Committee (now known as a Project Committee) to explore options for expanding the Law School's buildings, according to S1sam. At present; the Faculty's ProJect Committee includes Faculty members Patrick Macklem and Brenda Cossman, staff members Lois Chiang, Merril Boden and Jennifer Tam, Chief Librarian Beatrice Tice, JD students James McClary and Meghan R1ley, and graduate student Rose Ann MacGillivray. Faculty Chief Administrative Officer Kathy Tam notes that this committee has not met since Daniels left the school. Some other listed members arc no longer at the Faculty.
NEWS
September 2005
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BY ANDREW HENNIGAR In a year of uncertainty and flux for the Faculty. the Students' Law Society also tinds itself in a state of transition. This year's caucus features only three returning members, including President Mike Pal. Ultra Vires recently sat do\\n with Pal to discuss the upcoming year. With last. year's elections taking r.lace m the :.hadow of the "diversity debate," Pal feels that the SLS has been given a clear mandate to address this 1ssue as a top priority. As such, he plans to draft a diversity policy for the SLS. press administration to give the standing faculty Diversity Committee a clearer mandate, and cooperate with the COO to collect better statistics on the changing profile of incoming classcs. Managing and improving financial aid is another top priority, with a focus on two specific mitiatives. First, Pal hopes to increase the transparency of funding allocations so that students have a much clearer expectation of what they will receive at the time they apply. Second, he hopes to get a commitment from faculty council to perform a complete review of both the front-end and back-end components of the program - a process that received mixed support from faculty council last year when certain inconsistencies came to light through a review of the back-end debt rei ief program. Finally, the SLS will devote much of its
time and energy this year to the process of planning the new law school building. With the depar-
crs and has not received in;.tructions to merely ''hold the fort" unti I a perrnancnt Dean t a k c :; over. Pal prefers to ture of Andrew Hennigar (Ill) interviews SLS prcz Mike Pal (II) D c a n remain Dan1els. realistic, Pal recognizes that the status of the new however, admitting that progress on some building itsel 1s some\\ hat uncertain. initiatives may be slowed until a pennallowcver, the SLS will continue with its nent Dean is chosen. Relations thus far priorities as if construction will proceed as with Interim Dean Langille have been limplanned. Pal noted that the SLS cannot ited but positive, and the entire SLS is afford to operate under the assumption that scheduled to meet with him to discu~s prithe new facility will not be built, as doing orities for the year in mid-September. so would effectively exclude student interWhen asked about challenges the SLS ests from the planning process. will thee this year. Pal was optimistic The state of the new building and other about this year's caucus. but cited two tltculty priorities warranting SLS attention glaring issues that will have to be overwill depend upon the mandate of whoever come. The first is the uncertainty created is chosen to replace Dean Daniels. Pal by the lack of a permanent Dean. This is reports that the search process is already an issue over which the SLS has no power, underway and that he scored a victory this and thus Pal feels it will be necessary to summer by successfully lobbying for the continue to pursue the SLS agenda with maximum number of student scats on the the understanding that priorities may shift search committee. somewhat if a new Dean arrives and takes In the meantime, the entire faculty has the faculty in a different direction. been assured by the Provost that Interim A second challenge is replacing the colDean Langille has broad governing pow- lective knowledge lost through the virtualWhen asked whether they felt they were
CONTINUED FROM P.l First years and upper years alike had difficulty lasting through the El Mocambo Acoustic Caberet, despite the fact that many people enjoyed the bands and thought it was a great idea to make the event a fundraiscr promoting music in local schools. Many felt that the venue was too hot and loud to have a decent conversation and that the bar was understaffed for such a large event. While Kate and Kathryn wanted to make this year's events more laid back and quirky than last year's. the te:hnical pr~b lems in the tent and wiring 1ssues wh1ch made the Central Tech Singers sound like they were rapping 0 Canada probably weren't what they had in mind. They also
succc<;s/iJ/ in making Oricnllltion 2005
had to deal with the horrifying prospect o( puttmg up the circus-sized tent without the use of stakes, smce last year's team punctured an important underground water line. Luckily, the Team \\as blessed with great weather. and made excellent attempts to remedy some of the problems that popped up throughout the week. Lord Denning's picnic was much better attended than last year, group leaders stuck around longer than the first luncheon, and students appreciated the'chance to meet in smaller groups and get to know lots of different areas of Toronto (although many remained confused about why the final soiree was planned at West Bar and Lounge where there is no dance floor).
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5
An interview with Mike Pal, SLS President
Orientation
My career is not a
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SIGNIFICANT SALARY INCREASE FOR PROFESSORS ANNOUNCED . . · ·r fro the 1 ll\\ f acuity's Teachmg Assoc1allon, the Actmg upon a pcll tond n~ .fi ·•, lary increase for Law professors. The University Provost approve a s1gm Jean sa f . h' I t d to $500 000 per year for the \\hole faculty, came out o t1le mcrease, w 1c 1 amoun e • h h t rt' alary for Provost's budget rather than law school tuition and broug t t e sa mg s. . 1s · ~ f am 1 ost $30•000). Dean. Ron Dame 'unior professors up to $100,000 (an mcn.;asc o · 'gh J . d t scholars from flcemg to h1 crsaid the increase was necessary 111 or er to prevcn paying Amencan schools.
ly wholesale tumo\er of caucu~ rcprcsentathc . While he b impres~ed with and confident in this year's reprc~cntativc , Pal doc~ not dh.putc that it will be n tremendous challenge to get new reps up to peed on thc histories and details of the issues thcy will face. To make this process ca~ier, he plans to call on former rcprcscntntivcs to educate their successors \\here questions arise. Coming otfa year in \\hich the SLS was critici1cd for scttmg out \\ith unclear goals and accomplishing little in the way of observable changes in thc faculty, Pal says he \\ill measure success this year by asking \\hcthcr there b increased satisfaction with the student experience at the end of the year. Admitting that this may be a 'ague metric, he also notes three deli\ crablc items that can be used to measure SLS success: a report and plan from the faculty Divcrs1ty Committee, a commitment by the faculty to do a complete rev iew of the financial aid program, and assurances with respect to student concerns in the building plan process. Like the beginning of any year, the SLS is optimbtic that this is the year it will really make a difference in the lives of students. Unlike prev1ous caucuses. however. this year's SLS has been charged by students to attend to some major issues. most notably diversity withm the faculty. Whether or not this year's SLS can affect any real change remains to be seen. Brit Braatten, Yasuda Smha. Erin Murray, Nicholas .\fa.:hc:ro.,, and O.'l,·c Schulze. When asked for the secret ingredient to
inclusive, the Dream Team co-Ciwir.-; responded that it did not meet their expec- Orientation success, Kate and Kathryn tations. and was not perfect, citing their responded: "Gel yourself a kickass comfailure to meet the dietary restrictions of a mittee!" This "kickass committee," however, did couple of participants. One thing they not receive any public thanks from the administmtion. Whereas last year's CoChairs and Committee members were publicly recognized and given gift cards from Chapters. thi~ year's team had to settle for a Saturday afternoon email. scnt only after the hurt feelings of the Co-Chairs had become evident. :-.levcrthclcss. this oversight by the admmistration did not negate were extremely pleased with, however, the achievements of the "Dream Team'' was their group of volunteers who truly and the overall success of the week. turned out to be a Dream Team: Saud Ahmad, Evan Cobb, Chris Burr, Hannah Arthurs, Adam H1rsh, Elizabeth Acorn, •
LAW SOCIETY INTRODUCES OCI PROCESS In an attempt to le\el the playmg field with Amencan rccnliters. th.c Law ~octety of Upper Canada revamped the fall mien icv. process for 2l summer JObs to mclude u prchmmary round of On-Campus Intcrv1ew . Both firms and students supported the mmc as 11 allowed fimt'> to screen a larger pool ot students. Pnor to tlus change, Toro;to firms had no H1ce-to-face contact with student<; until No\ ember mterviC\\ . ,, hllc American firms became more aggressive by rcemiting students carhcr in the fall. FACULTY FINDS FUNDING TO SAVE HUMAN RIGHTS PROGRAM Alleviating student concerns over the future of lh(} International I Iuman Rights Program, the faculty announced 11 would provide additional fun~ing, to the program, making up for the shortfall when founding Professor Rebecca (ook s extc~al gmnt money ron out 10 the Spring of 2000. The Faculty also announced 1t would h1rc a fulltime Director for the program.
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Faculty welcoiDes two new profs, loses two others
September 2005
HELMUT
Helmut DEAR HELMUT Feeling down? Health Enables Legal Minds at the University of Toronto (HELMUT) offers advice
BYGEOFF MOYSA
The Law Faculty will welcome two new hires and two new cross-appointments thi!. year. while saying goodbye to two of its young professors. Anver Emon and Mohammad Fadel were hired as the Faculty's first Islamic Law scholars. a move designed to develop an expertise in the area within the law school. Although the Faculty has sought to hire Islamic Law scholars for several years. the timing seems especially appropriate wi th increased attention focused on Shari a Law in Canada. "The local relevance has heightened interest in the new faculty members and
Applied Social Research . A member of the llealth Sciences Ethics Committee, her a rea of' research involves examining aspects of recovery from trauma. However, with these additions come some unexpected departures. Frederic Megret, hired last year from McGill to teach international human rights, is returning to McGill in January to join the Centre for Law of Human Rights and Social Diversity. While the still-shortlisted mstitution is not yet official, Megret was able to share some bas1c details with Ultra Vires. "It will be focusing on the interaction of human nghts and the inclusion of minorities, all within an international context," said Megret. " It w ill be a small cen-
Dear HELMUT, I'm a first-year student, and I'm freaking out! Everyone I've met so far has such an impressive background. Before I came here I felt so confident in who I was, but now I am worried that I don't measure up. I don't know how I'll ever be able to talk in class, let alone do well at law school! How can I get rid of these awful feelings? Sincerely, Scared Dear Scared, First and foremost, you are NOT alone. I felt like this myself when I started here, as did many of my friends. The way you're feeling is completely normal, and it's more than likely that the brilliant people you've been meeting identify with that drop in confidence. But there are a couple of things you should remind yourself. First, it's true that many people here are 路extremely accomplished and intelligent. But rather than seeing that as a liability to your own success, look at your classmates
Prof. Megret demonstrated the relevance of these positions to ongoing domestic and international debates," said Associate Dean Lome Sossm. While plans were initially limited to hin ng one Islamic Law scholar. Interim Dean Brian Langille said the Faculty could not pass up the opportunity to snag both Emon and Fadel. "We first were only looking for one, but we did a broad ranging and proactive search, and we came up with two incredible young talents," said Langille. "It's always a critical mass with these things. It's about h1ring a group of people, which attracts graduate students, visitors, and other experts." Emon started at the Faculty this fall, and is teaching first year Torts as well as using his academic background in Arabic, medieval Islamic history and Islamic Law to teach a Capstone reading course in Islamic Law this fall (see PROFILE, page 12). Fadel, whose academic mterests include corporate law, securities and law and economics in addition to Islamic Law, will arrive in January 2006 to teach Business Organizations. The Faculty also announced two new cross-appointments. Dr. Ran Hirschi, a Political Science professor specializing in comparative pub lic law, constitutional law and judicial politics, wi ll be teaching Comparative Constitutional Law and Polillcs in the Winter term. The course will seek to put an interdisciplinary spin on constitutional law by treating it as "politics by other means." Dr. Cheryl Regher is presently the Director of the Centre for
tre, perhaps half a dozen people. But the project is going to be really big it's the second biggest endowment in the McGill Faculty of Law's history." Megret has been nominated for a Canada Research Chair at the Centre. The otTer seems like an ideal one for the young scholar, but Megret says the choice to leave Toronto was far from easy. "I was agonizing over the decision for about a month," he said. "I couldn't have dreamt of a better professional environment than Toronto to start my career. I had bought a flat and was ready to settle down here." Rather, Megret cites personal reasons for the move. " I'd be lying if l said it wasn't partly due to the allure of Montreal as a city. As someone who's always been caught between Anglophone and Francophone worlds, it's a very hard offer to resist to be in a position to be in an environment hke Montreal." The cu cumstances behind the Faculty's other departure, however, ,remain unclear. Scheduled to teach an Intellectual Property class last Winter (see IP, page 3), Jonathan Putnam instead took a leave of absence, and was no longer part of the Faculty as of May 2005. Faculty me mbers were unable to provide any explanation for h is departure. " He res igned from the Faculty in May of 2005," said Associate Dean Lome Sossin. " The arrangements were made between Professor Putnam and (then) Dean Daniels and I do not know the detai ls. I believe he is now continuing his consulting practice." Putnam could not be reached for comment.
as people who you can learn from. Study with them. Listen to their opimon~ and arguments, and add your own - for they too can learn from you. Law school is about talking, arguing and constantly refining your own perspective. You're lucky to be at a school where so many people can contribute to ongoing debate with mteresting views! Second of all, do not compare yourself to others. Chances are, you have skewed ideas about who your classmates are and how they are doing in class. It's simple to assume that the people with the highest LSAT scores are going to do the best in first year, but the truth is that you really don't know how well everyone understands the material. Simply being intelligent (whatever that means!) isn't enough to do well in law school. In fact, there is no closed set of qualities that determine the level of success one will achieve here. All you can do is work with your own skill set and improve any of your own weak areas. The bottom line? You should only compete with yourselt1 And finally, remember that you too have an impressive background and are very accomplished; otherwise you wouldn't be at law school to begin with. J guarantee there are people looking at you and feeling the same lack of confidence that you describe. Open up to others, learn from them and focus only on how well you understand the matenal and you will be successful here. I promise!
7
Dear HELMUT, I had to get a Joan this year to pay for school. and to be honest, I've ncn:r had to manage money before. I'm worried because my line of credit feels like free cash, en:n though it's most certainly not! I don't ~\:ant to spend more than I have to, but !like going out a lot and I have somewhat expensive tastes. 1 guess what I'm wondering is how I can cut comer.. so that I don't go crazy spending this money. Help! Sincerely, Likes living large Dear Likes liying large, As someone who's become very good friends with both the OSAP people and Aladdin (a financial aid officer here at the faculty), I totally understand where you are coming from. Managmg money ...: especially a huge sum like the Scotiabank line of credit - can be really overwhelming. I can definitely offer you some tips I've used myself over years of financing my education. First, pack your own lunch. There IS a fndge here near the Students' Law Soc1ety office, as well as a microwave at the Grounds of Appeal. As convenient as buying one's lunch is, it just doesn't make 路 sense to buy overpriced food when one is trying to keep expenses down. Plus, it's definitely the healthier option. Another way you can save money is by biking to school or walking, as opposed lo
taking public transportation. If you are too far away to do that, then buy the di.counted monthly Metropass from the university's Student Activity Council office. Definitely cheaper than relying on cab to get you home at the end of the night! The most trouble I have is curbing my spending when I'm going out with friends. Luckily, many law students are in the same boat financially speaking and w ill welcome cheaper ways to party. Arrange events like potlucks or movie nights, where costs are usually low. Perhaps surprisingly, Toronto has myriad cheap restaurants, many of wh1ch are located fairly close to campus, hke Sushi on Bloor. Gabby's or Hemingway's. If you're feelmg like a little artistic amb1ence, try Shanghai Cowgirl or M1tzi's S1ster, both of wh1ch are located on Queen St. West. Above all, be open to new places and experiences! A big part of managing money is just being aware of what you are spending on a daily basis and cutting out the unnecessary expenditures. Know that many people, including myself, can relate to your situation! Good luck! Inspirational Quote of the Week: "The secret of health for both mind and body is not to mourn for the past, worry about the future, or anticipate trouble!> but to live in the present moment wise\y and earnestly." -Buddha
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Langille looks to maintain "trajectory" as interim Dean BY KEJR WILMUT & GEOFF MOYSA
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job. It becomes very expensive to bring in we'd sec another like him. someone from outside for such a short but we did. We've been on With Ron Daniels leaving the Univel);ity time on this job. There's so much going on a tremendous upward traof Toronto, Brian Langille once again in the Faculty that you need someone who jectory in terms of finds himself in the Dean's chair, this time doesn't need to be brought up to speed. resources, accessibility serving as Interim Dean until the Provost's The key to this transition is making it and scholars. Ron took that Search Committee recommends a penna- seamlcs~: making it seem like therl.! was no kind of trajectory and put a nent replacement. Ultra Vires sat down transition at all. turbo-charger on it. The with Interim Dean Langille to discuss the "The exact scope of the mandate is a hardest part was probably scope or hb mandate during the Faculty's raising the tuition, and in transition, and the challenges the Faculty tum having people underfac6 in the wake ofDaniels' controver~ial stand how the financial aid tenure. system worked. Langille's tenn as Acting Dean in 2003"l think what Ron did 2004 was criticized by some students as a that was different was that mandate 'to do nothing,' a characterizahe was unbelievably tion that Langille doesn't entirely agree c.xplicit that there was no Interim Dean Langille spea~s to first year students with. free lunch, and that took a lot "Nothing happened? 1 don't think that's of people by surprise. We didthis year because of a government freeze, true," said Langille. "During that time we n't have these big debates when the spectre of a raise to the original target hired four faculty members, built a new Medicine's fees went to $26,000 but this of $22,000 remains. Langille acknowlclinic building, and tried to rationalize is the kind of faculty where the student edged that this increase is still an approved Enterprise Legal Services. Believe me, 1 body is very in tune with issues of justice plan of the University of Toronto if the dido 't feel during my year as Acting Dean and equality, and I think we had a very freeze is lifted, but does not think it is the that nothing happened. It was one of the good, tough debate about how to reconcile crucial issue tt once was. richest experiences l've ever had." these issues with the goals we have. And "But, there's a difference between "I have the sense that people chilled out as the cvtdence continues to mount, I think Interim Dean and Acting Dean," he about tuition with the freeze while l was it's showing we moved in the right direcexplained. "As Interim Dean, you're not gone, and we achieved some stability on tion. I don't think it's a time for apologies acting for anyone as there's no pennanent that," he said. "But it comes down to what or fence-mending - I think it's a time to dean in place. The Acting Dean is not the government wants to do. It'll depend keep our eyes on moving forward." expected to take the institution off in new on how much money they put into the As the school commences its transition directions- you're supposed to keep on basic grant. I think people are kind of waityear, Langille has already spotted some the trajectory the faculty was on. It's a very complicated question," continued ing, and it's not a time to get upset." large issues looming on the horizon. "We much more modest mandate." Langille conveys an air of comfort and l,angille. "I think it would be beyond the have some real external threats with the Langille's mandate, while larger this mandate of an Interim Dean to articulate a excitement in the Dean's role - but is he Umvers1ty proposing a new budget model time around, wi\\ depend heavily on how new vision or revamp academic programs. hoping to be considered as pennanent based on faculties as individual units withquick\y the Search Comm\ttee fmds a l)er- l thmk the rca!ion for that il> not some kind Dean? "Nobody's asked me yet," he in the University, and 1t makes them much manent replacement. "We really don't of personal modesty · it's in the nature of laughs. " It's a fabulous job, but it's a litemore autonomous. We have all this intcrknow what the timeline is," sa1d Langille. the role." altering job. It tAkes you o ut of tenching disciplinarmcss within our faculty, but "It could be until Janu;Jry I, or it could be Langille feels that the Faculty had built then there's this nc\v idea that we should and research in a serious way. It's the kind until June 30. We might even know before up the right kind of momentum under be charging every Philosophy student that of thing you really want to work through with your spouse before doing anything January. I think that one of the reasons I Daniels' leadership. "I don't view what come~ here, and we don't do things that because it's a different life. The thing that got asked to do this was that I was Acting happened during his mandate as a trajecto- way, both because of the transactiOnal struck me about my year as Acting Dean is Dean the year before, and it's a steep ry which was in any way a radical deparcosts involved, and more importantly how much I didn't know about how much learning curve. I've been a faculty member ture from the trajectory of the school in the because of the spiritual cost to the was involved." for a long ttme, and have been involved in last 50 years," sa1d Langille. "I think (for- University of doing things that way." Univers1ty Governance for a long time. So mer Dean Robert] Prichard was one of the One of the biggest hot-button issues for you end up knowing a lot of the Univcrsit) one, two very most extraordinary individthe school's student body has always been playcl);, which is important for the Dean's uals you ever meet, and I never thought tuition. Despite holding steady at $16,000
" I dont think it's a time for apologies or fence-mending- I think it's a time to keep our eyes moving forward. "
Newly elected SLS caucus eyes faculty challenges BY STEVE DOAK
The executive of your Student Law Soc1ety is filled with v1m and vigour to make this faculty a better place this year, for current students and for future generations yearning to be lawyers. And this year has the potential to bring about some changes, both in the SLS's ongoing efforts to help students get involved in the Jaw school community, and in the shape that the Faculty will take in the coming years. The SLS's priorities this year are likely to arise from issues that dominated the SLS election in March. Awareness of diversity at the Faculty, and more specifically claims that the law school is inadequately diverse, was especially prominent. "We have a really clear and compelling mandate for the SLS to work to
improve diversity in the law school," said Mike Pal, the 2005-2006 SLS President. "l think' people really responded to last year's UV poll that highlighted the need to do more," he continued. Several members of the new SLS executive premised some of their plans and objectives for the year on the assumption that Dean Daniels would complete his term, scheduled to contmue until next April. Durmg the election, it seemed that this year would be the last opportunity fo r the Dean to focus on the projects he wanted to complete or initiate m his position. Beyond the big topics, the SLS executive will also continue to affect the law school community through its ongoing activities. On the administrative and academic side, SLS executives arc your student representatives to the Faculty admin-
istration. SLS representatives represent student perspectives on a range of committees, including the financial committee that is currently reviewing proposals to fundamentally alter the structure of financial aid offered to law students. According to Associate Dean Sossin, the SLS contribution to the dialogue on these comm1ttccs continues to be "constructive and pnncipled." On the social side, the SLS will be organising a variety of events and activities throughout the year. Considering the record turnout of students at the SLS election, Kim Hav1v, the 2005-2006 SLS Vice President stated "I'm hoping we can keep students interested through the year."' The SLS executive will be completed with the upcoming first year elections.
SLS This Year President: Mike Pal Vice President: Kim Haviv SLS Caucus: Saad Ahmad (II) Angela Chu (HI) Leslie Church (Ill) Nadine Dechausay (III) David de Groot (II) Polly Dondy-Kaplan (III) Adam Hirsh (II) Anita Houshidari {II) Tiffany Murray (II) Andrew Pilliar (III) Student Affairs: Ohver deGecst (III) Angelo Gent1le (III) Nadir Nunnohamed (III) Kevin Sh1pley (II) Gabi Szerze (II) (One second year position currently vacant)
13
NEWS
September 2005
9
Search for New Dean Commences BY GEOFF MOYSA
Following Dean Damels' departure, many issues remain up in the air: tuition, the new building, and faculty diversity, to name a few. Perhaps no question, however, is so important as "who will take his placeT' The short timcline of Daniels' departure meant that the Faculty and the University had to act quickly, setting in motion the fonnation of a fonnal Search Committee that will meet over the next year to nominate a nl.!w permanent Dean. The Search Committee, headed by University of Toronto Provost Vivek Gocl, is a standard part of the policy governing the hiring of a new faculty Dean at the University. Nominations .to sit on the Commtttce were solicited in the Spring. Based on the nominations, Interim Prcs1dcnt Frank Iacobucci appointed the Committee, which is comprised of professors, students, administrators, and members of the professional community, including a Court of Appeal judge and a private practitioner (see sidebar). The Committee met once this summer to take care of preliminary matters. The real progress, however, is set to start on September l sth, when the Committee reconvenes and meets with external consultant Laverne Smith, who has helped the Faculties of Medicine and Engineering conduct similar searches this year. "[Smith] has consulted with members
l:;aunching
the Capstone Program BY ASSOCIATE DEAN LORN£ SOSSIN
Don't be surprised if that familiar face in front of you in the line for coffee turns out to be a Mayor, an Ambassador, a UN Special Envoy, politician, or ~enowne.d scholar. The start of the academ1c year IS always a time of excitement, activity and promise at the Faculty, but this .year more so than most. Designed to provtdc engaging and relevant research opportunities targeted at third year students, the newly launched Capstone Program will see students tackle some of the most daunting and compelling legal issues of the day, including: The Future of Cities, led by Professor Arnold Weinrib and Mayor David Miller US Canada Relations, led by Professor Andrew Green and Ambassador Frank McKenna Reforroin~ Democracy: The Search for
likll..Ls. led by myself and former Leade~ of the Opposition Preston Manning, Patnck Boyer, Les Campbell and Tom Axworthy. HIV/Ajds jn Africa, led by Noah Novogrodsky and UN Spec•al Envoy Stephen Lewis
of the committee and members of the community, and sent out stakeholder surveys that allowed people to give feedback directly to her about any factors that should go into the Dean selection," said Gocl, emphasizing a deSire for uncensored feedback from the community Smith's survey was sent out via email to faculty, statl students, and alumni of the hm school on June 15. Smith's findings will be presented at the September 15 meeting, along with the results of an internal sclf-assc~smcnt the Faculty undern ent during the summer as a basis for a much larger external rc\iC\\, Based on this infonnation, this Fall the Committee will detennine \\-hat the Faculty's specific needs arc, and what qualities stakeholders would like to sec in a new Dean. "From there, we will start looking at actual candtdates," said Goel. "Later in the fall, the committee will create a shortlist of people the committee will be talking with, and proceed with interviews. Our expectation is that we'll be able to complete the process and go through with reference checks by the Winter break." Fonnally, the Committee only exists to provide an advisory opinion, which the President uses to make a recommendation to the Governing Board of Academic Counsel. The Board then makes the final decision. However, according to Gocl, if the Search Committee reaches a consensus In addition to these public-engagement orienrc..~f
research '--' •ur.,.cs. other uutablc
Capstone Progmm mitiatives includl!. The Judicial Research Assistance Program, Professor Martha Shaffer will lead this innovative partnership with the Ontario Court of Justice, which will see law students paired with specific courthouses (for this year. Old City Hall and 311 Jarvis St.), providing research assistance to the judges of that courthouse on a host of cutting edge issues in criminal and family law. The Academic Intensive Capstone Program, Professors Chapman and Moran will be coordinating this program, intended to provide students both with a directed research experience and with exposure to academic life, including presenting papers in progress, workshops on graduate school and an academic career A related Capstone option is the Sen10r Thesis which opens up the possibility of students undertaking more ambitious and su~stan tial research projects than those available under the directed research course offering. . The Reading Group Program, Th1s program is intended to facilitate student-led exploratiOnS of particular topics. and themes guided by a faculty member m t~e field. The first of these reading groups will canvass issues in Islamic Law under the guidance of newly arrived Professor Anver Emon Our hope is that the Capstone ~rog~ will enhance the third year expenence m the JD program and provide an intellectually rich academic extx:rience with a clear and timely purpose. What better way to cap off law school?
through proper procedure, its decision will be adopted. "They won't overturn a consensus coming from a committee that has been duly constituted." Gocl could not predict when the decision would be made, but did offer a bestcase scenario. "lf we have everything finalized by December, it could be that \\e
have someone take office by January 6th:· he explained. "That would be a very ag&'Tessivc timetable. We have not yet made any decisions on whether to pursue an internal or external candidate, but we arc looking internationally.''
The Search Committee Professor Vivek Goel, Vice-President and Provost (Chair) Professor Donald Ainslie, Department of Philosophy, Faculty of Arts and Science Professor Brian Cantwell-Smith, Faculty ofInfonnation Studies Professor Bruce Chapman, Faculty of Law Professor Brenda Cossman, Faculty of Law Ms. Polly Dondy-Kaplan, Undergraduate Student ) Mr. Anthony Doob, Ccrure of"Crirninology. .S'c:luJOI o/"Gradu:Jtc.: Studi'c::.-,·
Professor David Dyzenhaus, Faculty ofLaw The Hon. Mr. Justice Stephen T. Goudge, Court ofAppeal for Ontario Mr. Martin Hevia, Graduate Student Ms. Kate Hilton, Assistant Dean, Alumni & Development Mr. Clay B. Horner, Partner, Osler, Hoskin & Harcourt, LLP Professor Darlene Johnston, Faculty of Law Mr. Mike Pal, Undergraduate Student Professor Susan Pfeiffer, Dean, School of Graduate Studies Professor Arthur Ripstein, Faculty of Law Ms. Beatrice Tice, Chief Librarian, Bora Laskin Law Library
ultra vires
LEGAL ISSUES
to
Just when you'd thought you'd finally have some respite from seeing Karla Homolka's face on newsstands, thmk again. Lawyers for Canada's most famous female ex-con are scheduled to appear in Quebec Superior Court on Sept. 22 to appeal s 810.2 order restrichons that were placed on her in June. Section 8 I 0.2 of the Criminal Code allows a judge. upon application of anyone "who fears on reasonable grounds that another person will commit a serious personal injury offence," to order a defendant to ''keep the peace and be of good behavior" for any period up to 12 months. The judge should consider, in the interests of safety, whether the defendant should own any weapons, whether they should report regularly to authorities, and whether any other cond1t1ons should be varied or added. Some of Homolka's conditions include havmg to provide police with detailed information about her living arrangements, travel plans and name changes. She is forbidden from contacting Paul Bernardo, her victims' fami lies, or working or volunteering w1th people under the age of 16. She must continue therapy and counseling and provide a DNA sample. Homo\ka'~ lawyers are arguing that these condi.ti.on"' are uncon\'oti.tuti.ona\ , e~peci.a\\-y the tequi.r em~n\ \u umktsu mandatory t11crapy. fn order to understand the types of arguments they might make, it
is also very strict, as stated by Laskin J.A. in Budrco: OTOIIIOUS!aUO C:!YnTVI!tTO\'ItWAntllmt.AS!r "the appellant would have to show that its purpose is 'to mete out criminal punishment' or that it has a 'true penal consequence."' A true penal consequence, according to the Supreme Court of Canada in R. v. Wigglesworth is "imprisonment or a fine which by magnitude would its appear to be imposed for the purpose of redressmg the wrong done to soc1ety at large... Forced therapy does not prima facie seem to equate to imprisonment or a fme, but perhaps the court will determine that the 810.2 conditions were drafted for the purpose of imposing a criminal punishment. Homolka's lawyers could raise an argument that the Quebec judge succumbed to the common public and med1a perception that Homolka received a "sweet deal" high thresholds. No matter how sick you from the justice system. arc of hearing about Homolka, don't tunc While it is difficult to make any predic- out from this case because it is sure to protions about how this challenge will play vide some mtcresting scrutiny into the out m court, it seems fair to say that controversial impacts of s. 810. Homolka's lawyers have an uphill battle in arguing Charter violations that have such
Homolka: 'I am not dangerous'
SLS Back to School Bash!
BY KAREN DRAKE, ON BEHALF OF THE NATIVE LAW STUDENTS ASSOCIATION
Thursday, September 15th @ 9pm Andy Poolhall 489 College Street
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Drinks
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Music
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Dancing
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Pool
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Fun
prior to 1982, s. 35 of the Constitution <\ct. 1982 recognizes, affirms and guarantees those laws as Aboriginal nghts. The coexistence of the common law and civil law systems is recogmzed by the Supreme Court Act, which guarantees a minimum appointment of at least three judges from Quebec to the SCC. In order to fully reflect Indigenous law as a third founding legal system and g1vc effect to the princ1ple of legal pluralism, the CBA's resolution proposes that the judiciary should include Aboriginal judges with experience in and an understanding of Indigenous legal systems. According to Jeffrey Hams, Chair of the National Aboriginal Law Section Executive of the CBA, there are currently fewer than twodozen Indigenous judges in Canada, and of that, only four are members of the Superior Courts, with only one on an Appellate Court. The one appellate judge is Justice Harry Laforrne, a member of the Mississaugas of New Credit First Nation, who was appointed to the Ontario Court of Appeal in November 2004, and is the first Aboriginal person to be appointed to sit on any appe\\ate court in the history of Canada. Although the CBA's resolution encourages a\\ levels of government to simply "give particular focus to the appointment of Aboriginal judges," Osgoodc Hal\ Law School Profcs~or Peter Hogg has gone even further. arguing that s. 35 of the Constitutmn Act, \ 9X2 c.kman<\s tha\ one seat on the sec be rescn cd for an
There has never been an Aboriginal JUdge trained in Indigenous legal systems on the Supreme Court of Canada. A resolution passed by the Canadian Bar Association (CBA) on August 13, 2005 seeks to address this issue. The resolution urges all levels of government to both better reflect the recognition of Indigenous legal systems in judicial appointments, as well as give particular focus to the appointment of Aboriginal judges to appellate courts including the Supreme Court of Canada. The rationale is that in order to give full effect to the legal pluralism that characterizes the Canad1an legal system, it is necessary to appoint Aboriginal people who have an understanding oflndigenous legal systems to all levels of courts. It is uncontroversial that the Canadian legal system is composed of at least English common law and French civil law. However, a Memorandum in support of the resolution notes that it is not as widely appreciated that the many legal traditions of Canada's Indigenous peoples (collectively referred to as "Indigenous law") form a system of law that applies throughout Canada. This fact was first recognized in 1867 when it was held in Connolly v. Woolrich that a marriage in accordance with Cree law was valid under the laws of Quebec. At present, Canadian courts arc regularly called upon to interpret and apply Indigenous hw11 in a wid range of fundamentally important cuscs dcnhng ~' ith such tlungs us Aoong111.1l JUdge. Jan1cs ( • lfopkms mtd Aboriginal title, hunting righb, member- Albert Peeling agree with this position in "Aboriginal Judicial ship, self-government, marriage and adop- their article, Appointments to the Supreme Court of tion . The Memorandum goes on to state Canada. ·• They cite R. v. Van dcr Peel, that except and to the extent that where Lamer C.J.C stated that "one of the Indigenous laws were clearly extinguished
11
fundamental purposes of s. 35(1) is the one else must be motivated by ulterior reconciliation of the pre-existence of dis- motives. Some of the componenh of merit tinctive Aboriginal societies with assertion recognized by the CBA include: high of Crown sovereignty. Courts adjudicating moral character, human qualities (sympaAboriginal rights claims must, therefore, thy, generosity, charity, patience), experibe sensitive to the Aboriginal perspective." ence in the law, and intellectual ability. According to Hopkins and Peeling, the "Experience in the law" .includes experiway to ensure that the Aboriginal perspec- ence with Indigenous laws, and not only tive is incorporated into a truly Canadian the common law and civil law. perspective is to ensure the participation of A th1rd objection is based on the fear of Aboriginal peoples in the governing insti- bias, and states that an Aboriginal pcr..on tutions of Canada, including the SCC. cannot be impartial concerning Aboriginal One objection to this position states that rights. This is the weakest of the objecif the appointment of an Aboriginal person tions, smcc it is not logically sound. As is required, then scats would need to be Hopkins and Peeling point out, if this third reserved on the for all of the other objection is true, then so is the opposite minority groups in Canada, which would statement, that descendents of settlers canbe impossible. Professor Hogg's response not be unbiao;ed either. And of course if was that "Aboriginal people are not just a this is true, then it would be imperative minority. They are a founding people and that Aboriginal judges serve on the SCC m have a different status from other minori- order for it to have any legitimacy over ties." More specifically, Hopkins and Aboriginal people. Peeling explain that the recognition and The significance of the CBA's affirmation of Aboriginal rights under s. Resolution is that it should now be recog35 of the Constitution Act, \982 - rights nized that to state that Canada is a bijura\ based in part upon the laws and customs of nation is to make a contentious claim, one the Aboriginal people - constitutionally that is not endorsed by the Canadian Bar recognizes those laws and customs in the Association, the Indigenous Bar same way that the Quebec civil law is rec- Association, or Professor Peter Hogg, ognized. In other words, Indigenous legal among others. That is not to say that to systems have a constitutional status not claim Canada is charactem:ed by \ega\ shared by minority legal systems in pluralism is any \ess contentiou". However. h can no \ongcr be ~i.mt'\'i Canada. Another objection is that merit sbou\d as.;,crted, w\tbou\ further a~umen\ anu be the "ok detcnni.nan\ of.}udi.ci.a\ \\\l'l'oint- de\cnce, t\U\\ the Canadian \e\!,a\ Y-)'1'\em '"' "''lu,.a\. -\ \w. Na\.\"c \ aw 'i:>\.ut\.cn\.'1> ,.Cs\'lon<\.. \n \\s \n.cnts. \ \~c C H Memorandum b ' a c.>elng that the :.ole .thsocintwn urge' !ht' taetJit.> .n1 mbcrs
sec
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ulways be m~rit. 111~ :vtemorom/um goc., on to say, though, thai il i::. a li11laey to belic\c that when a vacancy exist::. on rhe bench, there will be one ~ingle meritorious candrdate and thai the appointment of any'
rcspon•ll>lc /iJr conducting lillY futun:
Bridge H C:.:.k .,c,.,ions on "Byum/i,;m and
Legal J>luraJi,m" to consider this point.
Saskatchewan tax regime needlessly slammed by "haters" BY ADAM SHEVELL
Food
LEGAL ISSUES
Good-bye bijuralism, hello legal pluralism
lawyers face uphill battle in Charter challenge is helpful to compare th1s case to R. v. Budreo, a 2000 Ontario Court of Appeal decision on a Charter challenge to s. 810. 1, wh ich allows for the issuance of peace bonds against those feared to commit a sexual offence against a child. First of all, Homolka's lawyers will likely argue that the order violates s. 7 of the Charter, depriving Homolka of her liberty to not undergo therapy. In Budreo the accused chall enged geographic restrictions that were placed upon him under as. 8 I 0. I order. These restrictions were found to v1olate s. 7, by depriving the accused of his liberty. However, no violation of the second branch of the s. 7 test was found; this deprivation was not contrary to the principles of fundamental justice. The court found that these preventative measures were not "overbroad;" they appropriately balanced the interests of the state (protection of children) and the individual. The test for finding an overbreadth violation under s. 7 has become stricter smce the standard of"grossly disproportionate'' was adopted in R. v. Malmo-Levine. Therefore, Homolka's lawyers w11l have to argue that it is "grossly disproportionate" to the societal interest of protectmg the general public from Homolka to force her to undergo therapy. Secondly, Homolka's lawyers may want to argue that the s. 810.2 conditions are a '1\0\ati.on of their c\ient':-. :-.. \\.(h) righL">, the r\ght not be puni:.heu fur an offence for which one has already completed a sentence. The test for finding such a violation
September 2005
NATIVE LAW STUDENTS ASSOCIATION (NLSA)
Homolka back in the news BY DAVID THOMPSON
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Saskatchewan is commemorating its onehundredth birthday this year, and to celebrate, the Saskatchewan government wants to lower taxes on businesses. Since 1ts official split from sister Alberta in 1905, Saskatchewan has chosen a distinct socio-political path within confederation. Led by the notion of the common good and the hardworking ethic of its farmstead origins, the people of Saskatchewan have historically chosen to pool their resources and to trust their government to provide for the public good. Saskatchewan stayed the course even as their sister province chose quite the opposite path. As Alberta leads the country in one direction with its low taxes and streamlined privatized government services, Saskatchewan can be found at the o1her end of the spectrum, leading the way in Crown corporation service provision, size of government per capita. and for now, the tax rate on corporations. This has the business community crying foul. Business leaders have been complaining for a long time that they arc unfairly taxed. They've looked to Alberta
in envy at the lower corporate tax rate and absence of a sales tax, and pointed to the scores (or o they say) of businesses that have upped and moved across the border. This, they claim, is an urgent problem that the province must tend to, or else Saskatchewan will suffer at the hands of inter-provincial "brain drain." . In response to what has become a verttable chorus line of complaint from the Chambers of Commerce and other business interest groups, the Saskatchewan NDP government tabled a commission to review business taxes in the province. With questions such as "How do Saskatchewan's business tax rates and levels compare with other jurisdictions?" or "In particular, does the Government r~ly too heavily on capital-based taxatiOn including the Corporation Capita\ Tax?" it would be surprising for the BRTC to arrive at any conclusion other than the reduction of business taxation rates. really making But arc taxes Saskatchewan an uncompetitivc place to do business? According to accounting firm KPMG. business taxes account for between 3 and I I percent of location-speer fie costs of business; certainly not a make-or-break for a business owner con-
sidering where to locate their operations. Other aspects of running a business such as the cost of labour, utilities, building lease, and transportatton also factor into the cost of doing business in a given location. In fact, according to KPMG's annual comprehensive report on the cost of doing business in cities around the world, Saskatoon is the cheapest city in Midwest North Amenca in which to operate a business. Low utility costs (provided by Crown corporattons), low cost of labour, and cheap site costs mean that businesses in Saskatchewan get away with low operating costs. Though taxes may be higher than elsewhere, other costs of business more than compensate for that fact. Saskatchewan's economy is actually domg quite well. For the first time in 20 years, Saskatchewan is a "have" province, transferring more to the federal government than it receives. This year marks the twelfth consecutive balanced provincial budget. prompting a bond rating increase from rating agencies. CIBC World Markets recently ranked Saskatoon and Regina second and eighth respectively in economic growth among all Canadian urban centres. Most notably, Statistics
Canada predicts that in 2005. investment growth in SaskatchC\\an will be 12.6%, the highest rate of growth anywhere in Canada and twice the national a\erage. So what about the oppressive taxes that are choking Saskatchewan's competitive economy? In fact, when all the tax expenditures, preferential rates for manufactur. ing and processing ( \0 ~rcent) or sma\\ business (3 percent), and other fiscal incentive programs are considered, the average effective tax rate on businesses in Saskatchewan isn't that far from the effective tax rate in Alberta. Could Saskatchewan be another victim of inter-Junsdictional competitive pressures that have made it increasingly difficult for governments to choose fiscal policies that stray from the norm? Has the welfare state ceased to exist as we know it, not because of citizens' desire to put an end to soc1al welfare policies, but due to the choices made by other citizens in other jurisdictions'? Or rather, is this a ca c of mtercst group politics. of businesses attempting to further unload their relative tax burden onto the rest of the taxpayers using a simplistic view of the economy to push through their interests? The answer depends on who you listen to.
FEATURES
12
The Forced Adventure Series: Book 1 BY JARED KELLY O.K.. here ·s the deal: e\-·ery issue 1 am gi\·en .~tn:ct directions by my editor (Zimro). completely without my input. With this minimal info, I go, I explore, I meet people, and I write about my adn:nture. Here we go! Directions: I. Take the subway to College station 2. Take the College/Carlton Gerrard streetcar to ~umach street 3. Walk three blocks north
turc?" Plump, moustached man watering lawn: "I don't know... my agent is not here." Cue forced laughter, and I'm off...
Say Goodbye to Regent Park
The Where the Hell Am I Section I ha\e arrived. Where the hdl am I? To the first guy r sec (a buzz-cut tourist from the l'~ named Rob) I say: "excuse me, where am IT' Looking confused, he rcpflcs. "you're at a petting zoo." Thanks Zimra. Previously uncertain if the Zimmer had researched a destination or played pin the tail on the donkey on a Toronto map, I am now convinced that while she may not have played the game, the assignment was nevertheless designed to make a jackass out of someone. While chatting up Rob, I learn that he makes digital maps of somethmg-or-othcr, thinks Toronto IS safe, but then must go, as he must find his kids ... after all, there arc weirdos out there. I talk with several more people, thankfully all with child in hand (\\hat kind of an adult would come alone to a petting zoo?) and discover thatl am at Riverdale Farm. Lush green pond!;, walk-
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Jared Kelly Chillin' with the Vanasse family
How to Not Look Like a Pedophile Strolling amongst the livestock, I was often perplexed as to bow I should approach random strangers. I often took to just staring at people, sizing them up, and thinking of an opening line. One problem: it seems that walking around with a camera, staring at adults and their kids in a petting zoo IS not a very good first impression. If only I had some photos ofthe halffrightened, half-<hsgusted faces of concerned parents who bad quickly tagged me as one who engages in the petting of, shall we say, a more cnminal nature. Point i.ng trai.h, wa\crfow\, ann stone br\dgc,; arc taken. Exit the petting zoo. all tastefully interspersed amongst petted animals, in a setting that promises to fulfil/ From Small Children to Dead People Straddling Riverdale Farm is the the Little House on the Prairie fantasy in Toronto Necropolis. Rolling hills, vines, all of us. old trees, and a fair share of moss make this one of Toronto's more peaceful green spaces (as long as you don't mind the dead
Meet Professor Anver EIDon BY NICOLE RICHMOND The law school. in its hiring acumen, welcomed Anver Emon to the faculty on July I I With more letters bchtnd his name than in his name. Anver Emon was the successful candidate m the school's search for an Islamic La" scholar. The Ia\\ school, Emon claims. has been more than courteous and he is simply thrilled to be here. The first thmg to not1ce about Emon is that he 1s very disarmmg He chats easily about h1s re careh and h1s three year-old niece, his fond memories of being a residence ad~ isor in college, and his 10\ely office v1cw of Philosophers Walk. A self-professed nerd, Emon \lias born and mised in Los Angeles. Around here, I assured him, nerdiness is simply a matter of degree Emon was the first of his family to attend Jaw school going against the tendencies of his Indian family to focus on careers in science and engineering. He began his academic journey with a BA in Rhetotic at UC Berkeley. After completing his honours thesis in Islamic Punishment. Emon remained smitten with· the study of Islamtc law. He moved on to Jaw school at UCLA, then completed an MAin pre-modem Islanuc legal history at the Uni\ ersity of Texas. Emon knew at1er grad school that academia was for him, and is now working on an · SJD from Yale and a PhD from UCLA. Pbe\\ ! Emon IS passionately engaged tn his research. H1s PhD is examining natural law and natural rights in
people). First tip: while strolling along the stone pathways, take notice that what you arc walking on arc actually graves. Second tip: Find the ''Dunn" tomb. It's a large burial chamber that has been reclaimed by the land, plants, and green stuff.
Say Hello to Cabbagetown Running along the patch of dead people and petted creatures is a quaint little neighbourhood known as Cabbagetown. Beautiful homes, trimmed gardens, and vme-covered brownstones are the images you encounter as you stroll through this little slice ofupper-mlddlcclass heaven. In
In my interviews \\ ith local residents. 1 came across an interesting bit of info about the neighbourhood. It seems that while Sally and Bob arc arguing the merits of bagel-friendly toasters versus copper-plated blenders. the neighbours just across Gerrard Street arc living amongst gang warfare.. Curious, I decided to explore. Sun: enough, I 0 short metres from yuppyvlllc is a complex of low-income housing units, known as Regent Park. As 1 crossed the street, my first thought was· document Regent Park just as you did the petted ones. the dead ones. and the rich ones. and sec what you find. But as I rode up to one of the buildings, a second thought soon encroached upon my objectivity. Picture this: one (reportedly) mctro-scxualish blond male, wearing his Brazilian leather shoes, matching belt, and his new Argentinian oh-so-cool over the shoulder man-purse, rides up on his shiny new girl's bike, complete with bell, lights, and large basket. What \Vould the reaction be? But then reason returned and said, "Oh Jared. Tsk tsk! You are overreacting and makmg ill-educated assumptions based on stereotypes." Righteous once again, I got out my camera, and had this encounter:
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"Given Enough Coffee, I Could Rule the World'' Next stop: Holt Renfrew. Coordmates: Bloor, between Bay and Yongc, upstairs on the 2 ~ floor. $3 for So you all know whether you prefer a coffee, desserts $8-9. Starbucks or Second Cup laue, and you've Wednesday, 12: 15 p.m. We arc almost probably darkened many a Tim Horton's certain that no one comes here for the cofdoor. But what about the time you hesitat- fee .... that is until we dtd (heh heh). In ed outside a less-than-mainstream place, fact, it is almost discouraged. If you can eager to broaden your horizons, but des- brave the awkward greetings of the corperately afraid of wastmg that $1.50 on a saged doorman. you must breeze past the potentially bad fix, before resignedly cosmetics emporium, daringly ascend the trudging to Grounds of Appeal? escalator. waltz past designer clothing, trot That's where we come in. Dedicated up stairs, and only then will you be and sacrificing, we have done the d1rty rewarded for your' adventure. Waiting for work for you by undergoing an event of you in that sun-flooded stylishly retro Olympic proportions: the coffee hep- decor is pretty much the best department tathlon. 7 events, 7 locations, 53 hours. store coffee th1s side of Harrod's. The cofLet's get our buzz on! fee (we dare you to ask for take-out) was nutty and faintly vanilla beany and very, very good. Not to mention the unlimited refills. Verdict: Who knew. But, if you are not a "lady who lunches," be prepared to be "one of these ones who is not like the others ... " If you feel pressured to order something extra, the bread pudding is excellent. We continue the
Large, skin-headed white male: "What the fuck arc you looking at? Go back tu
my joumey. I came across more speed
your fuckm' side oftown!!!"
Oh golly, look at the time! I best be on my way.
Me: "Do you mind if I take your pic-
Islamic law, while his SJD deale; with the treatment ofnon-Mushms under lslamtc Ia\\ and the l!nderlymg hermeneutics of the legal trad1t1on that may allow for legal change and development. A challenge in his research is sepamtmg often Htnolic lc;lamic politic<> from substnnttvc Islam1c Jaw. Emon frequently looks to medic, a! texts written completely in Ambic as a basis for the substantive legal tradition. C'entral to h1s research h. the challenge of Jevcloping an Islamic legal theory that IS simultaneously respectful of the past us well as rcsponc;;ive to modem demands. Since his am val in Toronto, Emon has busied hunsclf brushing up on tort law in preparotton for his small group, and learning the ins and outs of Toronto. Certain adventures lie ahead, including biking explorations of the Don Valley and developing his skills ns a gardener. l~mon notes certain ob\ ious differences between America and Canada t!Je way we pronounce ''about" and "process•·, for example and ic; enthused by the leftist politics of the NDP. More substantively, Emon is encouraged by the Canadian ethic of international cooperation, compared to the US's desire to "take the reigns of the world like a cowboy on the horse.'' This year, in addition to torts, Emon will be teaching an (:;Jamie Law Capstone courc;e in the fall and a first year elective in Islamic Law in the spring. He is a terrific addition to our highly accomplished faculty.
madncs~
a1: Whole Hearth (subdivi.-
sion of Whole Foods). C"onnlrnoll(..•s:
First up: The Montreal Bread Company
Special Moment #1
Seven-Eleven.
LEE·ANN SIU AND ZIMRA YETNIKOFF
Special Moment #2
bumps than moving cars, met some famihes, and had this encounter:
FEATURES
September 2005
(and Boulangerie). Coordinates: Cumberland between Helair and Avenue. $1.75 for coffee, $2 for muffins. Wednesday, 8:30a.m. Vee agreed zat zis charming lectlc place delccvcred zee best calleinc kick out of all zee cafe vee tried. Zec brew de Ia maison ees easy-going and smooth; like zee Montrealese. Do·not be fooled by zce size of zee yummy leetlc muffins-zey are veree substantial and kept our tummies happy all morning and beyond. Zey come in a variety of deelightful flavours. Vee can vouch for zec :wcchini and cranberry-chocolat ones; zey arc delicieux. Verd1ct: one of the pricier options, but oh-so-scrumpt1ous and stylish.
.r\\ (}UUC CJ.Isl
side. jus! uboH~ Lowther/Yorkville Ave. $1.59 for coffee, $1.49 for mullins. Thursday. 9; 15 a.m. Ummm, \\e emerged from here feeling bland. The cot: fee was okay, but bitter with a strong afierta~tc and the muflin we shared was blah (correct food critic jargon). It didn't score very high on our list. Verdict: It's decent. But \\hy settle for just decent'! It did, however, make us pretty giddy. Or maybe that's because of the amount of coffee we have consumed thus far. We march onwards to: Lettieri. Coordinates: Cumberland, at Belair. $1.36 for coffee, $1.50 for biscotti. Thursday, 7:00p.m. I think we're running out of words to describe coffee, but we'll dig deep for your sake. Th1s sampling wasn't as full-bodied as some of the
Lee-Ann Siu at Lettieri others we've tried but very smooth with low acidity, very pleasant. The biscotti was pretty damn good; citrus almond, and just hard enough. Verd1ct: The terrace is perfect for spying on Sassafraz patrons. Good coffee. One of the few franchised coffee bars that's licensed. Hitting the wall at:· Cake Master Coordinates: Cumberland, north side, basement. Across the street from the back of the Ntke store. $1.30 for coffee. Z1mra: What the heck is Cake Master anyway- it sounds like a superhero or WWE personality. "l am the Cake Master ...." Lee-Ann: lt's neither, my dear Watson. \t's a \i.tt\c ho\c in the wa\\ that
Coordinates: Bloor and Spadina. Coffee: $1 .29 Breakfast food: too scary for words. Friday, I :00 p.m. Lee-Ann: Holy Cond1ments, Batman! Z1mra· Scnously, dude. They have marshmallows ... Lee-Ann: And Chocolate Marshmallows! And International Taster' Delight, the best crap on the market. And syrups, and sugar and sweetener, and coffee sticks and ... Zimra: This place wins hands down for condiments. And there are 6 types of coffee ... Lee-Ann: and fancy machines where you press a button and your drink emerges! Z1mra: After that disempowering Cake Master experience, I'm in self-serve paradise! Verdict: Oh Thank Heaven. We stagger to the finish at: Bar
sc\\s c~t\<.es ... 1mu coffee. I r " c "rilt• nbout If lor U. V.. ".: .:;~n get the c<>IT.:c tor free. !low docs this
sun ivc in Yorh illc'! Friday, 8:30 a.m. We still don't know the answer. We thought if this place couiJ surYi\<e, the cofTee had to be amazing. Our expectations were, for the most part, shot. Caveat: we are self-admitting coffee condiment freaks and we're bitter that they were put in for us. We felt robbed of our decision-making powers and now we're writing this pouty review. And it was served to us in the most unattractive Styrofoam imaginable. Verdict: we stumbled across this place just as we were about to give up and go to Starbucks. We had to go for breakfast across the street at the MBCo after. You can read between the hnes. The caffeine onslaught continues at:
Mercurio. Coordinates: Bloor and St. George. Coffee: $1.55 (tax included). Friday, I :30 p.m. We are scriou!>ly buzzing and anything would taste good at this point. But the coffee is good, and because it's restaurant-affiliated, the eating options arc very good. The packaging is stellar. Verdict: Stellar. There you have it. But please, don't thank us. Save it for the next issue where we will be testing more gastronomic substances ... all for your benefit, of course.
1
First years scavenge their way to glory BY KATE MCGRANN On Wednesday, September 7. hordes of eager first year students participated in· an Orientation Scavenger Hunt. Sweat drenched the brows of many a law student as they strived as few have striven before in the quest for the ultimate prize of a 1/2 hour in the West Lounge VIP room, as well as the glory of winning in general and the promise of fame through the ages. The evening involved resuscitation, home-visits, resourceful phone book usage and possible digital camera abuse. Several bananas were left severely massacred, and
nary a copy of Joe Dirt was left m blockbuster. Clearly having paid rapt attention to the
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Dean's address, in wh1ch the students were implored to "expect a Jot of themselves", these brave troopers pushed past sleep, thirst, boredom and disbelief to reach a pinnacle seen by few wide-garners before them. Highlights mcludcd: David Miller in Nathan Phillips Square Pond (students found a U ofT prof named David Miller who got in the pond and came out for beer afterwards); 1cc cream \Vith the actual Jack Lnyton (found 111 his home on u national , ideo conference): resuscitation of a snapper AND a salamander, various versions of "sticking it to the Dean:" and one unmen-
tionable postcard, thanks to Jonathan Ellison and group. Thanks to the Grad Class of 2008: we salute you! Godspeed!
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f R,V\,ow
wV\ett
f ~t~
letst
s u V\A, V\A,e r ...
My
~ummer in f,o\ivia
By Jared Kelly
~Y first Week in 6ucre. trying to contact my Nc:;-0. can be summarized in song: 12 phone calls made. II non-responses. 10 promised caLL-backs. 9 ...and a partridge in a pear. b..xcept this one ends with_and 0 messages on my cell phone. tv\y N~O had a problem returning calls. You can thus imagine my he~ida\:\on v.ihen \'Was fmally on my Way to their office: 'Would they even have an pffjce? ThankfuLLy. they did exist. and were quite pLeasant. if somewhat disorganized. I belieVe "chiLL" is the diplomatic term. Thinking that Noah wasn't funding me to ·chill" in Bolivia. I skipped the bureaucracy and forged my own ·project. taking advantage of their expertise when appropriate. Using international Law. I designed a 65-item c:tuestionnaire that I used to interView' 200-odd child Workers. thereby amassing pre-viously nonexistent real data. I also photographed them and made them work credentials.
Aboriginall~w
I KNOW WHAT I DID LAST SUMMER As Orientation Week closes, the incoming Further Reports from the Trenches class has heard the annual refrain ofhow Rob Wakulat they are the leaders of tomorrow and have the power to make a difference delivered by Through the PBSC Donner Fellowship Program, second-year student deans, professors, alumni, pillars of the comAfsoon Houshidari found herself in La Belle Province working with The Social Justice Committee, doing research, education and advocacy munity and the occasional garden gnome. by analyzing aspects of poverty in less developed countries from a These comments may strike new law stuhuman rights perspective. dents, who recently pulled academic (and "People see social justice work as an all-or-nothing endeavour. Either you dedicate yourself by going overseas and Jive in a dilapidated vilprobably non-academic) all-nighters, particilage or you work on Bay Street," explained A/Soon, "I think it's pated in hedonistic Reading Week advenimportant to bring overseas issues home to Canadians and make an tures and pressed snooze until that 9 am class impact here with local organizations." was nothing but a distant memory as hot air, Afsoon was able to use her fellowship to build on work she did last but there are some students in our hallowed summer in Haiti with the Centred' Apprentisage et de Formation pour halls who have taken baby steps towards fulIa Transformation - an NGO funded in part by Wyclef Jean. Her research and articles on the right to education were published in filling the promise of those heady first days. Internship at the Refugee Law Office By Darshana Patel I sp~nt my su~mer inter~ing at the Refugee law Office (RLO) in Torontt. helprng to provrde legal ard to the refugee community. The work was extremely interesting and rewarding. I met many refugees, all of whom had suffered gross injustices in their respective homelands. My JOb waste get their stories in order to help them with their Humanitanan and Compassionate Applications or prepare them for an upcoming heanng before the Immigration and Refugee Board. The first client I represent was from Eritrea and had originally tried to obtam status in the United States. Failing to do so, he came to Canada in hopes of secunng sta here. After meetmg with him numerous times and preparing his case ~ the lmmrgration and Refugee Board, we received a positive decision f him. Seeing my client cry in joy after we received the decision truly tou my heart; I am so thankful to have been g1ven the opportunity to chan someone's life in such a pos1tive way
Summer of Frustration In Pakistan by Mueed Pcerbhoy
I spent the summer reviewing the st.ue of human trafficking legislation in Pakistan for the human rights based NGO Lawyers for Human Rights and Legal Aid (LHRLA). The project involved researching the extent to which the legislation complied with Pakistan's international commitments as well as determining its practicality. Observing the Pakistani legal system in action was both frustrating and distressing. The entire system is riddled with mismanagement and corruption and few if any, of the officers are doing their job. Those who try are stymied by a lack of resour~es or ' ~ested interests within the justice system. For example, one of the cases LHRLA had worked on mvolved the rescue of 7 children from their parents who were allegedly about to traffic them to the UAE to be used as camel jockeys. The parents were acquitted because the prosecution failed to present any case whatsoever, not even having done any tests to determine that certain forged documents were in fact forgeries. With the justice system in such a sad state it is no wonder that human rights abuses continue to take place. '
in Thunder Bay
Montreal to illustrate that despite Haiti's being the poorest country in the Western Hemisphere, there were glimmers of hope shining through. Dave Thompson and Mahsa Izadpanah, both in second year, were two other students who remained in North America to grapple with powerful, heart-wrenching issues through the International Human Rights Program. Dave worked at Beyond Borders within the ECPAT (End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes) network. He was a legal researcher who created a policy paper advocating the confiscation of passports for Canadian travelers who sexually abuse children-abroad.
"The president of my organization is presenting the paper at an international ECAPT conference in Brazil and will be used to lobby the federal government to improve ch1ldren 's rights," Dave began, "They had all the basic ideas and I had the opportunity to flesh out how it would relate to the Charter. " Mahsa took the 40 I in the opposite direction of Afsoon to work for Freedom House as a caseworker in Detroit. Her zealous search for a North American-based organization committed to social justice revealed that Freedom House was the only place that followed a holistic approach in its handling of refugee issues. She glowingly described her experience. "I really liked Freedom House because it doesn't just provide legal services. Beyond the legal department it provides housing, medical care and counselling. It was a soulful place where I formed wonderful friendships." Perhaps not unexpectedly, those friendshtps were also the source of her biggest challenges as she struggled to compassionately, yet professionally, provide legal support to people who had recently survived genocides, gang rapes and other horrors that arc foreign to most Canadians. "It was really frustrating because the system wants them out. The judges seemed very partial and you have to deal with it as · best you can."
Downtown Legal Services Candice Suter
This summer I experienced the highs anJ the lows associated with litigation: hours of preparation for a trial that docs not go, "the BIG Joss" and "the BIG .win." As well as working with professional Crowns. r encountered otlicers of the court who blurred the line between zealous ad\ocacy and unprofessional conduct. /\s is often the case in community legal clinics. I had clients who we could no longer contact. and clients who faced the challenges of poverty and mental health and addictions issues in addition to problems with the law. But I also had a client lace me speechless because of her appreciation for the outcome of her trial, and another client who couldn' t stop expressing his appreciation. It was through exposure to these aspects of criminal law that I am confident I will enjoy practising it. Yes, criminal law is ugly at times and is often frustrating. but it 1s also im•igornting and fascinating.
MyiSummer at Ogilvy Renault Ch!'Etine Shalaby This summer I worked on Bay Street. I sat at a desk, drank copious amounts of (l)ffee, and developed a Pavlovian response to the little "beep" n01se that accompanies the arrival of a new email message. I also learned a lot about corporate legal practice, about which I knew almost nothing before May. It was tough, but fulfilling, to work with professionals who expect a lot from themselves and from you. 1 learned what the Statute CJtators are for, and hoW to use them. And l found that if the people you work with are fun, intelligent, and excited about what they do, almost any project can be enjoyable ... or at least tolerable.
By Nicole Richmond
I _wa~ raised on the north shore of Lake Superior, have strong ties to the Ojibway communities rn No~thern ontario, and am very committed to Aboriginal law. This summer was my opportunrtv to see whether 1could practice law in Thunder Bay; 1accepted a summer Jaw student position with a local12-lawyer firm that has a number of First Nation clients. I helped draft employment contracts for First Nation Education Authorities worked on a section 15 challenge to the Indian Act and its prohibition for off-reserve members to run for band council, and researched how to have land returned to reserve status after a historical expropriation. My ~x.~e_rience caused me t_o_ think about the practice of law as a business and how to reconcile this with the social and em~t1ona1_ respons1b11Jttes ~o the commun1t1es 1come_ from an~ will ~ork for. The highlight was being able to make meaningful connections With my communitY: through powwow dancrng, work1ng With youth, and engaging people in discussions about the law.
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Halcyon Days (or my summer at Latham and Watkins)
Donner Fellowship at METRAC By Lee-Ann SJU
The unassuming three-storey house on /58 Spadina Road is home to METRAC. a grassroot.~ notfor-profit organi?ation with a mandate to end violence against women and children through education, advocacy, community outreach, and triage. My project was to create aJ!d implement a sexual as~ult court watch program wherein trained volunteers monitor se.>:ua/ assault trials in Toronto courts, providing accountability with their presence. Additionally, the data they gathered would idcnllfy problem patterns and issues within the criminal court. Infuriated a.<> I oflen was at the frequent use by defence lawyers of tired myths and stereotypes. and the general inaccessibility of the court system, I was greatly encouraged by my volunteer.~ . A motley crew that included grad students, stay-at-home-moms. and former probation officers. they shared a desire to see reform in the court system.
B) Yousuf Aftab \sa cluld, one question ah\a)S left me breathless, pondering intimtt• possibJ!Jtit•s. \\hat do you \\ant to be \\hen you gro\\ up:> If only I had tht kno\\ ledge that I do no\\' Please, prt tt) ple.t~l, Itt rnt be a summer associatt• at ·• Ne" York Ia\\ firm. Summer m Ne\\ \ork Js almost (•xclu i\Ch td-tocused For those cra\mg tht dta to bt: 111\nhcd m mcga-dt'llls, to pore O\cr pro JX t 1 , HId to at quir are\ 1scd undcrstandmg of Richard Marx' 'cndl(•ss sumrnt:r mghts, ·the opportumtJcs abound For tlte less mdu tnous among u . r-\c\\ York pronuses a ,,orJd of mfimte ddt'Ctahle plcasun s: t \Cnings on Broad\\a) da) trtps to rountr) clubs. and lunch('s Ah, the lunches Of courst-. thl'rt' is \\Ork. ('h(' beautiful thmg ahout th(' summer, though, is that )OU ha\(• dtolu Anx1ous as I \\as to help a1 titii:Ja] persons subjUg"dte absorb. and regurgitate otht r artifiCial ~rsons, I spent tht• better part of nt) summer domg pro bono \\Ork The rcmamtkr \\as spent bookmg lunches and elnmnatmg pott nt1al prattle areas. Bank tinanu. bankruptt) and M& \ arc no'' safd) off my list Phc\\
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OPINION AND EDITORIAL
18 EDITIORIAL
Two processes, one problem
Organizing Orientation Week is a time and stripes, it is unclear why it is a bad consuming anc!. stressful task. The idea to give the representatives of the peoOrientation Committee works all summer ple some small opportunity to provide a minor check against the Prime Minister's on a voluntary basis, with only the thanks unencumbered exercise of power. Without of the incoming students and the Faculty such a provision for pause and review, as recompense. Unacceptably, the Faculty after all, ultra-conservative Robert Bork neglected to publicly thank the co-chairs would have been appointed to the US or the orientation committee this year, Supreme Court, and Clarence Thomas' instead sending out a hasty email on misdeeds would have never have become Saturday afternoon. This is a significant oversight, and speaks poorly of this instipublic. Consider that if the US had a Canadian- tution. From the staff at Ultra Vires: thanks to style process for appointing judges, George W. Bush would have an absolute Co-Chairs Kate McGrann and Kathryn and unfettered ability to appoint anyone he Bird, as well as Evan Cobb, Saad Ahmad, pleased, without any opportunity for dis- Hannah Arthurs, Dave Schulze, Erin sent or review. Would anyone support such Murray, Chris Burr, Yasuda Sinha, Britt Braaten, Adam Hirsh, Elizabeth Acorn, a "Canadianization" of their system? Nicholas Macheras, Mostafa, Pat Leyland, and Christian Vernon. Your hard work was appreciated.
hen the Faculty is considering dents who have the opportunity to influhiring a new professor, there is a ence the search for the new Dean face a substantive procedure providing daunting task. They must identify a candifor meaningful input from a variety of date who not only has a strong vision for stakeholders. A potential hire gives an aca- the school, but also is willing to listen to demic presentation open to the entire fac- (and actually consider) dissenting views ulty, helping to ensure that he or she is a and accept constructive criticism. Our repknowledgeable and capable educator. The resentatives on the search committee must would-be prof also goes to dinner with a act on behalf of the vast majority of the group of students who provide feedback law school community who have been on his or her personal skills. In short, a excluded from this vital process. wide variety of people have a Significant opportunity to evaluate the candidate and give an informed opinion as to his or her SUitability. Flawed as the process for selecting a , Compared to the consultation involved Dean may be, it is dramatically better than . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , in selecting an ordinary faculty member, the one that will be used to fill the upcomthe consultation for selecting our new ing vacancy on our Supreme Court. Dean is scant. Despite his repeated promises to address Our new Dean will be selected by the Canada's "democratic deficit," Prime UniversitY Provost. While the recommen- Minster Paul Martin's public hearings on dation is officially made by a committee, Supreme Court appointments are a tooththis committee is comprised of students less charade. and faculty who were essentially selected Instead of a substantive opportunity for by the Provost. The general student body, the public to learn more about the pro• Gain Legal drafting and client interviewing skills and the vast majority of the members of posed Justice and his or her interpretation • Meet and work with members of the Family Law Bar the faculty, are shut out. of Canadian law, the Prime Minister will • Learn how the court system works The only attempt at public consultation provide the narr..! of his candidate to a was the opportunity ear\y in the summer to committee, who win have only one or two • Use your legal knowledge and skills to make a real difference in n\\ out a form and \ist the qua\ities the new da)'s to research the judge's ru\ings and people's lives Uean ~;nou\d 'QI:l~~>e~>s. Sucn a que"'t'on \~; {onnu\ate a series of quest\ons. These insufficiently probative to generate any questions will not even be posed to the
W
•••••
FAMILY LAW PROJECT!!!
real debate: everyone agrees on the quali-
propo.<>ed occupant of the highest court in
the land, but will instead be answered by Justice Minster Irwin Cotler. In a final blow against efficacy, the committee has no power to actually challenge appointments; rather, it is limited to writing a report expressing its opinion. A review process without the potential for actual review. This, in legal terminology, is called "missing the point." It's also completely redundant. We already have a process for reviewing the Prime Minster's decisions; it's called Parliament Of course, any mention of a Parliamentary review process raises the spectre of bloody confirmation battles and alarmist cries of "Americanization!" However, outside of a knee-jerk reaction against anything with the whiff of stars
FLP Volunteers assist unrepresented clients at Family Court in filling out legal
forms and navigating the court system during one shift per week in both the fall and winter terms. All volunteers participate in an intensive training session and work under the supervision of court lawyers. All FLP volunteers will be required to attend a training session on Sunday, September 25th from ll:OOa.m.- 4:00p.m. at the University ofToronto. For more information please attend a quick information session on Thursday, September 15th from 12:00 to 12:15 in FLC. You may also contact Emily Griffith or Patrick Shiog at probono.flp@utoronto.ca with any questions about the project or to get an application form. We look forward to bearing from you!
Contributors Ultra Vires is the independent student newspaper of the Faculty of Law at the University of Toronto.
l
Editor-in-Chief Associate Editor & NtwS Opinion Blld Editorial Legal Issues Features DiversiOIJS Games Production Editor Production Assistant Copy Editor Business Manager
Keir Wilmut GeoffMoysa Ben Reentovitch Sarah McEachern Zimra Yetnikoff Angela Cbu Stephanie Giannandrea Laura Bowman Amy Smeltzer Mona Pinchis Anne Weintrop
Communications Centre, Falconer Hall 84 Queen's Park Crescent, Toronto ON M5S 2C5 ultra.vires@utoronto.ca (416) 946-7684
September 2005
Yousuf Aftab, Oren Bick, Steve Doak, Karen Drake, Ran Goel, Nicole Henderson, Andrew Hennigar, Sarah Horan, Afsoon Donna Houshidari, Danny Kastner, Malcolm Katz, Jared Kelly, Mike Kotrly, Alex MacMillan, Jennifer Marquis, Nadir Nurmohamed, Mike Pal, Darshana Patel, Mueed Peerbhoy, Andrew Pilliar Nicole Richmond, Katherine Rogozinski, Dave Seevaratnam, Christine Shalaby,'Adam Shevell, Antony Singleton, Lee-Ann Siu, Alexa Sulzenko, Candice Suter, David Thompson, Rob Wakulat, Lee Waxberg l.!ltra Vires i~ an edito~ally au~onomous newspaper. We are open to contributions :-rucb reflect dtverse pomts of v1ew, and our contents do not necessarily reflect the v1ews of the Faculty of Law, the Students' Law Society (SLS), or the editorial board. We welcome contributions ~om students, faculty, and other interested persons. Ultra Vires reserves the nght 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 published on October 19th. The deadline for submissions is October 1Oth. Submission limit: 850 words.
OPINION AND EDITORIAL
The Slackers' guide to Law SchQol: A .Summary
•••••
VOLUNTEER for the
ties the new Dean must have. He or she must be an mte/Jigent, experienced administrator, with good people skills, able to effectively communicate and implement a vision for the law school. Dean Daniels certainly possessed all of these traits. The devil, as usual, is in the details. Whether you agree or disagree with the substantive decisions made by Dean Daniels, it is clear that his style created significant ill will amongst portions of the student body, and alienated certain groups within the faculty. The new Dean must be able to repair the rifts within the school: boldness of vision cannot continue to be an excuse for fracturing relationships. The small number of faculty and stu-
13
BY BUMBLEBEE nfamous for its unsubstantiated gossip and juvenile humour, the online discussion board www.lawbuzz.ca is known as a great place for Jaw students and lawyers to waste time. Last year, however, an anonymous first year VolT student took the time wasting aspect of Jawbuzz to new heights: in just over a year, she posted more than /, 700 times. Here, "bumblebee" shares the secret ofher slacking success.
I
As a slacker starting law school, this will be till especially tempting time for you to turn over a new leaf. This year will be different, you tell yourself. If you arc a true slacker, however, you and l both know that this year will in fact not be different. The procrastination leopard does not change its procrastination spots. Accepting this, l offer you the following words of advice. There are really only three things you need to survive your first year of law school: access to the summaries website, a printer, and an exam schedule. You are also going to have to bullshit your way through a couple of papers but if you can't manage that by now 1 really can't help you. All of your undergraduate slacking experience should get you · through those. Other Peoples Summaries: use them early, and usc them often. People will tell you that it's too dangerous to rely on summaries written by others. What can I tell you? I laugh in the face of danger. Besides, the people who wrote them are probably smarter than you anyway. If reading a whole entire summary seems like too much work, you might want to just look at the course outline. It's like a summary of the summaries. All classes and readings are optional with the possible exception of your small group. You'll want to show up for that one occasionally. If you feel you need some lecture notes you can easily have them emailed to you from your conscientious classmates. This is again basic slacking strategy that you should have perfected in undergrad. The difference here is that you might not want to share the reason you need the notes with the lender. I have found that these wonderfully generous people can't quite under-
stand why anyone would choose to skip a class in favour of napping. Be vague, look sad, and they will assume you had a personal catastrophe and send you their notes. Similarly, resist the urge ~o share your slacking achievements with your Professors. Telling them you spent bridge week blind drunk m Vegas, wrote your long paper on the plane, and sttll got a B will leave them strangely unimpressed. My tips here cover only the bare minimum requirements. You may want to put some real effort into one or more of your courses. Good for you. However l warn you that you may end up with the very same grade after your genuine effort as you got in the course where you showed up to the exam half hungover after a solid 45 minutes studying on a streetcar. Be prepared for disappointment. Taking the slacker path has obvious risks. Still, there are things worse than the occasional C. Finding yourself in a Jaw and economics seminar, for example, or arguing with someone in the Rowell room who claims that maternity leave is a manifestation of unadulterated communism. These are botl1 execl/cnl reasons to stay
19
STATLER & WALDORF'S CORNER (FORMERLY I GOT BEEF) BY LEE WAXBERG, ALEX MACMILLAN, &
1940s primary school, but at least we've got a big TV showing a PowerPoint presentation. Don't get me wrong, I'm all for flat panel TVs. My dad's thinking of getting one. The difference is he's not planning on paying for it with a fee that he charges me on an annual basis. It's also worth noting that the school has added a couple of new \ending machines in the basement. Now, with sep-
SARAH HORAN
How quickly another summer has come and gone! And with it, each of us is another step closer to being able to tell friends, "As your attorney, l advise you (insert bad advice about the ingestion of hot peppers here)". Speaking of the summer (killer segway, l know), here are a couple of things still sticking in my craw from the last few months.
"Who sat down and thought to themselves 'what this school needs is a milk machine?"
I Thoughts from the summer After spending the summer working in an office, I think I've uncovered something huge. In the not-so-distant future, photocopiers will be smarter than humans. Today, photocopiers can scan the glass surface to determine what is being copied and how much the image should be reduced. They can also send copies as emails. That seems all well and good now, but what'~ next? I've seen the entire Terminator trilogy, people. 1 know how 1t ends, and the machines win. Before you
arate Coke and Pepsi machmes, we'll have a ch01ce between which pop we want but can't get because it's sold out at exam time. The real question remains: who sat down and thought to themselves, "what th1s school needs is a milk machine?" Maybe it has something to do with health concerns over selling dairy products in the Grounds of Appeal from a fridge that doesn't have a door. Either way. here's the main concern~ around exam time we a\\
know it. copiers will have arms
away from the school. that reach out and undo paper f've found my attempts at diligent stu- jams ... and then artificial intellident behavior to be rather unsatisfying. gence. In the blink of an eye. On one occasion last year I finished my office equipment will rule the paper the day before it was due. world, and the machines will just Celebration was in order. I awoke i,n the be keeping us alive as their play things. Now I know you're doing middle of the next afternoon to find the math: intelligent machines myself in my own bed pinned under the with arms and access to the interleg of a large naked European man. I had net? The cop1ers will likely only I 0 minutes to execute my escape explore the possibility of surfing from underneath the dead we·ight ofYuri, for porn before they tum to world find my clothes, grab my paper, and catch domination. But don't be surthe streetcar. The moral of this story is prised when they realize the good that I would have been better offjust leaving the paper to the last minute as usual. I stuff requires a credit card and would have suffered through the same last get upset. That's ·when they'll minute stress. On the o.ther hand, I start to take over. I figure we've got maybe 18 months until would have missed out on the fun with Skynet goes online. So here's Yuri. So maybe there isn't a moral, just a some advice for first years: drop talc of drunken debauchery. Lastly, start thinking of all the things out now while you have the you 'II be able to do with your leisure chance. hours. I like to divide my time between drinking, sleeping, and getting laid. What can l say? I'm a simple girl with simple tastes. I'm sure you have your own hobbies. Perhaps you're going to be mainWhen I got back to school, the tirst taining or developing an addiction. Those thing r noticed was a brand new flat panel can be time consuming. I've heard online television screen in the library. Phew, I gambling is fun. was really worried that the law school was I wish you well in all your laLing, profalling behind in terms of expensive and crastinating and general slacking. l won't unnecessary technology. The Moot Court be joining in this year though. I'm turning Room is still without internet, and has over a new leaf. This year will be differchairs that have clearly been stolen from a ent.
New Additions: Facilities
know that the pop and candy machines will be empty and the Grounds of Appeal will be closed (as they always arc \\·hen you need them most). Given the state of the was.hrooms at the best of times, I question the reasoning behind providing large containers of milk as the only fonn of refreshment to an already stressed out population l think Ron Burgundy summed this one up best: "milk was a bad choice."
...
ultra vires
OPINION AND EDITORIAL
20
Orientation leader just wants to get his drink on BY NADIR NURMOHAMED
people do not drink. I'm 26 years old. and I'm able to detennine on my own accord what is appropriate. The coordinators made it clear that they had organized the events for the week to ensure as many people as possible would
There I was, one week before Orientation. talking to some buddies about getting back to school. Eventually, conversation turned to past Orientation Weeks and I remembered fondly my times at McGill Frosh: running around like an idiot. playing dcbaucherous drinking games and providing years of sage wisdom to incoming first years. Orientation Week is often the highlight of the school year - a time to sec old friends. meet new people, and for some people, like me, a time to go out and drink like a crazy man. Eagerly, I went to the Orientation meeting excited to .see some people I hadn't seen in a few months, but more importantly. to go out afterwards and put back a few pints. Suddenly, I was jolted out of my daze and tried to digest what I had just heard: "leaders, you can only have a max- attend. There was a musical event the first imum of two drinks, you cannot hit on any night, some dinners planned on another first years, and you cannot tell them the night, and a day on Center Island. I truth about Jaw school if it makes some- thought that the schedule looked great. thing the law school does seem bad.'' How But I wanted to go out at night and drink was I going to be able tn get through with my friends and innocently flirt with Orientation on only two drinks a night'? At women, and had no intention of being conwork this summer there were days when strained by some royal decree. • we would have a bottle of wine at lunch. Before headmg over to El ~ocambo on before having a couple during dinner. Hell. Tuesday night, I was at my apartment with some days I'd have two drinks before a gang of friends watching Maria \0:00a.m. I'm no alcoholic, but l enjoy a Sharapova and discussing her great talents good drink. \ abo understand that many (as we\\ as her tennis ability). Somehow l
"r definitely don't
need to be told how
much I can drink at
. night.
"
reached my maximum capacity for alcohol night. · · M ·t of the people I spoke to had a before lcavmg my apartment. It was rat10o~ • nalizcd to me that r really hadn't had two great ttmc, the. events were well planned. drinks at the event, smcc we were clearly had a substantial amount of vanety. and pre-drinking. So I grabbed a couple of were fun: So to ~ve~one w.ho was drinks at the bar and started to socialize mvolvcd m the orgamzatton ?f thts event, with some first years. Calmly and honest- congratulations. But, coordmators, have ly I answered their questions. I seemed to be doing a pretty good job at this even though I had now had quite a bit to drink. Eventually r left and shared a cab home with a channing and witty first year girl, and even with my copious amount of drinking there was no flirting. and no inappropriate advances. My impression after a few days of orientation was that the people who were coming out at night were having a great time, and they didn't mind that upper year students were drinking. fn fact many were encouraging it! So, if the point of the dic- some faith in the people you have selected tatorially imposed maximum was to to be leaders. We were doing this for the ensure that people felt comfortable, I'm same reason you were: to show the first completely confused. Law orientation is years a good time, and let them know that much different than freshman orientation. they do not have to spend their entire first In law school the average entering age is year holed up in the library studying. 25, whi le freshman are I 8. Many law stu- Much of first year has to be devoted to dents have lived away from home for a social activities otherwise you are bound period of time, while many freshman to go crazy. and if for some people that haven't. Law students aren't as suscepti- means gomg out and having some beer, so ble to peer pressure as freshman. What be it. It was you guys who told us to be docs this all mean? I don't need to have ourselves. rules imposed on me, and I definitely don't need to be told how much I can drink at
Daniels godsped too quickly BY BEN REENTOVICH
L
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Dean Daniels is gone. He left O\Cr the summer. Some \\ ould consider this old news and not \\ orth commenting on. After all, we live in a world \\here the richest nation on earth just allowed thousands to die, and. closer to home, we as students are facing possibly the last year of a tuhion frecLe which may n..>sult in the exponential increases we've seen in the past. Clearly there arc b1gger problems out there, but I don't think Dean Daniels can sneak away in the middle of the summer without being called on the manner of his leaving. That's right: 1 used the word "sneak," and I'm probably going to take some heat for that. Ron Daniels did a lot of good things for our law school during his time here. He built up the war chest enonnously, which in tum allowed the creation and funding of important institutions, such as the International Human Rights Chmc. He worked hard to improve the reputation ofU ofT law both nationally and internationally; but this is not a lament to Dean Damels. This is a crittctsm as to both the manner and timmg of h1s leaving. Do I fault him for taking a sabbatical to go teach at Yale? No. Do I fault him for having accepted a position that is effectively a step up in the world of post-secondary education by taking the Provost position at UPcnn'? No. But I do fault him tor leaving suddenly. The least he could have done was to be involved in the process of finding his successor. Is it really po)siblc that these positions just come up'! If you hold a position as important as D..:an, you can't just jump ship the moment
something beuer comes along. He should have had a better exit strategy, and he should have informed the faculty and students that he \\as considering moving on during the school year so that some planning could ha\e been done prior to his departure. The fall-out is that certain progmms that have come to depend on a Dean's ability to fundraise arc now caught in a difficult position. Finns arc less wilhng to provide large donations when they know that it docs nothing to help build future relationships as there will soon be a new Dean. Orientation Week felt it; the IHRC is feeling it. Fewer funds are available unt tl a pcnnancnt Dean is in place. As someone who has advocated for reduced re!iance on corporate funding in the past, you would think I would welcome the change; however, change is bette~ received gradually rather than radically. Institutions that rely on funding should have been given more time to fmd alternative fonns to help them contmuc. I haven't even addressed the question of what is now going to happen with the new building and the millions that it requires. Dean Damcls could have done more to make the transition to the next era smoother. He is after all. not just a fonner Dean, he is also an alumnus.
13 September 2oos
OPINION AND EDITORIAL
21
University's Endowment Fund: A Time for Action University of Toronto approach to investment flawed BY RAN GOEL
1cy. Even more problematic is the fact that the Umversity docs not disclose its Back in the winter of 1978, the University endowment fund mvestment portfolio. of Toronto passed a pol icy on how social One can hardly complam about a given and political issues relating to its endowcompany tf one does not even know 1f the ment fund were to be addressed: The poli- University owns shares 111 tt S1milarly cy was a response to a growing movement undisclosed is the University's proxy votof investors who were disenchanted with ing record Thus, there is no way of knowhow the compani.cs in which · they held ing how the Umversity voted on shareshares conducted themselves. These holder proposals, whether regarding investor-activists were upset, for example, excesstvc executive compensation (conwith GM for operating in South Africa sider D1sncy's Eisner with $565 million in during Apartheid, at Dow Chemical for stock options) or human rights (consider manufacturing napalm and Agent Orange Unocal's proposed pipeline in Taliban during the Vietnam War, and at Eastman Afghanistan). Transparency in these matKodak for mistreating its black employ- ters is a basic prerequisite tor the 19n! ees. policy to be e\en theoretically opaable. The University's response was that the But the problem extends beyond a only relevant investment criteria is nwxi- dearth of disclosure. With $1 .5 billion in mizing economic return. However, if the endowment fund, the University is an someone gets really upset about an issue institutional investor. It is in the game for they can collect 300 signatures and submit the long-term. By not systematically a detailed gnevance to a board {appointed incorporating social. environmental, and by the President) which would then make corporate governance issues more explica recommendation to the President, who itly into its investment strategy. it exposes can then decide if and how to address the itself to higher financia l risk by failing to issue. discourage management behaviour that Amazingly, despite my understanding has cost billions in lost shareholder value. that the mechanism has never been sucExamples of value-destroying managecessfully employed, the deepest flaw with ment behaviour that may very well have this process is not the sheer unlikelihood been prevented or mitigated by the vigiof a filed grievance actually creating a lant exercise of institutional investors' change in the University's invc~tment pol-
fiduciary duties arc abundant. The classic case is Bhopal. a 1984 industrial accident in lndta that killed thousands and still haunts Dow Chemical (and its shareholders). More recently, Talisman Energy operating tn Sudan provoked NGO and investor ire. Praymg at the tcmpk of stnct legal compliance is also often t1ot suflicient; witness the capitulation (at least in public) of the phannaceuticals on in~bting on their strict intellectual property righh \\ ith regards to HIV/AIDS dntgs. Or similarly with Ford for initially denying any liability for damages caused by faulty Firestone tires on its vehicl..:s. Enron, WorldCom and Global Crossing need no introductions. At the crux of all these cases lies the reality that corporations cannot be completely out of tune with societal expectations. Compames must respond to these expectations because many judges, parliamentarians, regulators, employees, consumers and so forth arc changing their expectations of companies. As the largest players in the equity markets, institutional investors must be at the forefront of holding companies to account with respect to corporate governance and social responsibility issues. The after-shocks ofthe Enron debacle including the changes wrought by
the Sarbanes Oxley Act have finally compelled mnny institutional investors to more vigilantly exercise their O\\ ncr:.hip responsibilities' is-a-vis such issues. The University. like most large Canadian investors, IS a laggard in this respect. This is especially unfonunate because while the Uni\'crsity i~ a comparatively minor instttutional player in portfolio izc termo;, its actions can gamer a vastly di-.proponionate amount of public attention a' Canada's large...t and mo't r..::.earch-intcnsive uni\ crstty. Indeed, thi is just the sort of thing that an in titution that consistently compares itself to the world\ elite umversttics should do: provide intellectual leadership. An opportunity to tl)' to effect som..: movement on this front has opened. Administration has committed to allowing a student group to present its research · before the Governing Council's business board. The Student Taskforce's mission will be to prepare a meticulously researched and well thought out set of recommendations with an eye to convincing this board and the \\ ider Council of the merits of incorporating socially responsible investing into the endowment fund . Please contact ran.gocl@. utoronto.ca for more information on the Endowment Fund Taskforce ,.,,orking group.
Last year, as a curious first year becoming familiar with the experience that is U ofT Law, I was exposed to the concept of 'selling out.' The first time I heard it. I have to admit that I was in the dark about what it meant in the law school context. After hearing the tcnn not only from students but also from professors during lectures, I learned that it refers to the phenomenon of forgoing jobs at the government, poverty clinics, human rights posts anywhere it seems for those coveted Bay Street positions. Accompanied by the growing awareness of the pervasiveness of thts phenomenon were encounters with people who blatantly admitted (and this verb w11l be examined shortly) their desire to do "anything - it docsn 't matter what - that makes money, lots of money." And for these types the answer is Bay Street. Perhaps this is why the following
dichotomy is set up: on one end, there arc those just dcscnbed who, when they decided to come to law school, didn't give a damn about social justice, about using the rule of law for the bettennent of society, or about contributing to the establishment of equal rights or corporate responsibility. On the other extreme arc those utopians \\hose determination to work for social justice is so consuming that it will take them as far as a mud hut in Vanuatu. But is the desire to make money and the desire to improve society mun1ally cxclustvc? Is there no middle ground'? What I heard around the law school during my first year wouldn't seem to suggest so. I believe there is such a no man's land, and that it is in fact inhabited by the majority of us. We do care about life beyond our bubble, but that docsn 't necessarily mean we want to (or for that matter. that we ought to) spend our entire lives working at a strug· gltng NGO in Burkina Faso with the know!-
edge that a colleague working at large finn in downtown Toronto is making five times our salary. The dichotomy is misleading and I've seen it actually make people feel as if they can't contribute to social justice if they don't want to dedicate their entire careers to it or if they haven't participated in many activities related to it so far. It's time to ditch this mentality that makes us feel like we've got to pick between one extreme and the other. The truth is that it's not all or nothing. In fact, it's too easy a scapegoat to relinquish our rcsponstbtlity to contribute to the advancement of justice by dismissmg a life dedicated to this aim as excessive. We arc each capable of doing what we can given our particular combination of mtcrcsts, tal: cnl~, and life circumstances. Such responsibilities can't be so easily shirked oflbccausc they arc attached to us not (only) as aspiring lawyers, but because they arc ascribed to us
as human beings. rf you are passionate abOut human rights and you are certain that it is the path you want to pursue, then more power to you! You follow in the footsteps of Alben Schweitzer, Mother Theresa and Vacla\ Havel. And if you care about issues such as fostering gender equality. preventing genocides. or protl."Cting the rights of the \\Orld's indigcnou.'> peoples. but arc also pursuing Bay Street for a number of worthy reasons, then more power to you too! Each of us represents a link in the chain, a part of the karma. a nap of a butterfly's wing~. In whatever capacity we find ourselves. our elTon.~ to think beyond our own lives and to act accordingly make a difference.
A LAW DEGREE WON'T GET YOU INTO A COURTROOM. WE WILL. If litigation is your passion and becoming o top counsel is your gool, make sure you work at a firm tho! has built its reputation on advocacy. Lenczner Slaght is the leading Canodian litigation firm, highly rated by both Chambers and Partners and LEXPERT. For more information cantod Perry Hancock, Student Co-ordinator: 416.865.3092 or phancock@lsrsg.com
www.lsrsg.com
j
I
Social Justice or Bay Street: The False Dichto111y BY AFSOON DONNA HOUSHIDARI
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YOU WAKr TO BE ON OUR SIDE.
ultra vires
OPINION AND EDITORIAL
22
A Message
Naked Movie Reviewer Deflowers 40-
to First Year Y e.ar-Old Virgin Students BY JARED KELLY
The NMR is a two-fold project. On one hand, f am endeavouring to give you my naked opinion on the coming year's By now, you are probably quite unnerved hottest, funniest, most controversial, by the daunting year now facing you. talked-about films. On the other hand, f Well, as a second year student, let me reas- am coupling my rev1ews with a Jesson on sure you: you should be scared. This year art appreciation: my rating system will be will determine not only all of the long- / expressed through the unveiling of famous term friendships you will ever have, not nudes. In short, a bomb movie puts beaujust every single business and legal con- ty behind a parka, and a classic unveils tact you will ever make, but, most impor- nature's glory. To be fair to all tastes, both tantly, the success of your chosen career. / male and female nudes will be used. The marks you receive will be about the only thing the big firms will look at next I F b g'n with Goya 's Maia with . ('f d , kn h or now, we c 1 ~ , year dunng OCis 1 you on t ow w at a male to follow in the next issue. OCJs are, then I really suggest you start to wony). It doesn 't matter if you have THE 40-YEAR-OlD VIRGIN scaled Everest, saved children's lives, or starred in a Broadway play; if you don't He's a virgin, always has been. The have excellent marks, then you are in dan- premise behmd Judd Apatow's The 40ger of being amongst the debt-ridden jobYear-Oid Virgin is just what it sounds like, less. Take your studies seriously and a glimpse at the life of Andy Stitzer, a 40accept the fact that you will have one year year-old virgin. Steve Carell plays Andy, of misery. r know this sounds harsh, but I an employee at an electronics superstore, only wish to tell you what the Orientation committee was afraid to. If you have read this far, then I can now let you in on a little secret: everything I have just said i. more or less complete bu\bhit. But it is indicative of the kind of fears that re~u\t from too · much hand-wt\n~i.n'l!, and ~eer-'mduced ~arano\a. Ri.~;ht nuw, \he mo~\ \m?Qrtan\ thing )'OU BY JARED KELLY
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who quietly goes about his business, mortified at the thought of anyone discovering h1s "secret." Of course, his buddies at the store find out, and it becomes their mission to get Andy ... well, you know. Wonka wonka wonka. The gags range from simple-minded (morning erections) to painfully innovative (chest waxing), keeping the audience Jaughmg throughout. The dialogue has its clever moments as well, from "Stevie Wonder's nipples" to "your dick is my dick," and for the most part refrains from cheap, "been there, done that" humour. But the real story of Virgin is that it actually has a story. Easy laughs alternate with moments of sentiment and friendship. More interestingly, Apatow manages to portray the obsessive role sex plays in our culture. Scene after scene depict the vulgarities of dating, the prevalence of sexual imagery, and the extremes we all go to for the opposite sex. Though not a perfect parallel, the film uses abstinence to remind us of the merits of remaining single, as
illustrated by Andy's cohorts' episodes of infidelity, heartbreak, anger, alcohol consumption, and obsession. Drawing upon Andy's fixation with his "collectibles," Apatow uses children's toys to symbolize how celibacy can help retain the ideal of unblemished youth through the maintenance of innocence and the propagation of fantasy. And when Andy ultimately starts dating, a refreshing message emerges in a genre typically filled with cheap high school sex gags. The notion of uncomplicated, innocent love, while overly simplified, is a nice reminder of the true emotions that first fluttered our heart, and not our pants. Although the film is overly predictable, the NMR cannot lambaste Virgin, as it kept me interested until the ... well, you know. Enjoy the art.
Despite my geekish tendencies, I ,admit I was more cynical than enthusiastic at the prospect of attending another orientation week. As August suddenly became September, I began to unhappily reminisce about my undergraduate frosh, where I was expected to wear the same grungy tshirt every day and participate in hourslong cheer-offs for a colour (yes, not a faculty, or even a residence, but a colour). I would occasionally sk1m forums like Law Buzz, where disgruntled anonymous posters tried to scare incoming U ofT students into believing that Bay Street recruiters would be watching the entire proceedings from behind two-way mirrors, or some such nonsense. Fortunately, the self-proclaimed "Orientation Dream Team" managed to strike a happy balance. They (mercifully) spared us the more juvenile aspects of orientations past, such as the aforementioned cheering and lame cooperative games,
This summer has been a busy one for the SUi. Here arc some of the things that we've been up to. Note that cleaning up the SLS office is not on the list, so it still has that hard to place, yet vaguely familiar and comforting smell that you have come to love.
As a Gm,,lings student you are an integral part of a team whose collective efforts drive maximum results for the client. You are an important contributor to those results and you reap the rewards of a job well done.
We're pleac;ed to announce Cowlings' Toronto offices arc now under one roof, in brand new offices at Canada's premier business address -First Canadian Place.
iwantgowlings.com 1111 1'0\HR (U OR!t, l"M· lll()l'(,lf I
Montreal I Ottawa I Toronto I Hamrlton I Waterloo Region 1 Calgary 1 Vancouver 1 Moscow
which we've all hopefully outgrown. At the same time, we enjoyed a slate of fun and unique events that not only did an excellent job of introducmg us to the faculty and the school, as well as a city that is new to many, but also gave us ample chance to get to know the ama7ing group of students assembled here. We helped each other carry our allotted fifty pounds of books, commiserated over our commutes, and in some cases, even bonded over a shared love of the Settlers ofCatan. As well, the speakers and our group leaders provided a great impression of the opportunities available at the law school and in the profession in general. (Although yes. I admit, I was dozing off a bit by the end of that video, too.) I was especially pleased that the organization of different activities allowed lots of opportunities to meet new people and mingle, rather than being confined to the same small group for all activities. While we returned to the same familiar faces at lunch, there were also chances to meet the
What the SLS did over its sumiDer vacation BY MIKE PAL
One team ... one vision ... now under one roof
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OPINION&: EDITORIAL
A first year's thoughts on orientation week BY NICOLE HENDERSON
need to d<> i~ R £.'LAX and enjoy the comp:.my of' SC\'Cral hundred potential new friends (and. OK. do some work when duty calls).
So here is my real message to you: having made it this far in life. you have ab~olutely nothing to worry about. Everyone will ultimately find a job that suits them; that is the nature of the beast, so don't fight it. And really, \\.'hat the firms (and just about anyone else) look for are people with good personalities. Firms are made of people too. and they base their hiring primarily on your interview. If you don't have anything to talk about besides your favourite cubicle in the Bora Laskm library or the sound of pages ruffling on a lonely Saturday night then it's going to be a long interview (for both of you). What you should be concentrating on is ... having fun! The people you meet now will be amongst your closest friends for years to come. For you career-driven types, bear m mind that the people you know and consider your friends will be more important to your life and career than any other thing attached to this law school. When again wi ll you have the opportunity to meet 180 new people, all in the same situation as you, with whom you are guaranteed to spend the next 3 years? And if you haven't already figured it out, UofT students arc actually kind, sharing, non-competitive, and interesting (eccentric sure, but yes, interesting) Sure we get stressed out occasionally, but per haps if we all relax and have some fun together, even that will disappear as quickly as one Ron Daniels.
13 September 2oos
DEAN'SSEARCH As you all know, we are in the process of selecting a permanent Dean. The search is led by the Provost of the University. The committee that makes the selection is composed of law faculty and administrators. professors from other departments, alumni, and students. Students arc going to have a really strong voice in the decisionmaking: we have the maximum amount of student representation possible, three students, out of a committee of seventeen people. From the SLS, Polly DondyKaplan and I are on the committee. The search committee began meeting over the summer and will continue to meet over the fall term. DIVERSITY SLS members acted as part of a focus group for the CDO and Financial Aid office to establish priorities for diversity in the school. This is the first step in creating a questionnaire so that we can track meaningful data on diversity across a whole range of indicators. We aided in the creation of a diversity brochure to be distributed to students. I attended a public interest roundtable to provide ideas on how to improve access to public interest careers.
UBRARYSECURITY One pnority for the SLS this year is to improve security in the library. Laptop thefts are becoming common, and too often, students feel uncomfortable in the library in the evening hours. We b..·gan meeting over the summer to find solutions so that people can feel safe and be confidant that their belongings arc secure. TRANSmON We hired two new treasurers this year, Abigail Tulloch and Natalia Bitton. We also have a new secretary, Fred Kwon, and two assistant treasurers, Margaret Ng Thow Hing and Athar Malik. The usual summer job of transferring responsibilities and all of the top-secret SLS documents and tiles from one group of students to another was conducted without any casualties. We began work on improvmg and up-dating the SLS web-site to make it more accessible and informative. ORIENTAnON As usual, many SLS members were busy with Orientation activities. Kim Haviv organized welcome BBQs in cities · across the country. We had a welcome BBQ for first years, transfer and exchange students at the law school at the end of August. The executive has been coordinating with the Orientation co-chairs to make sure that the money flows to all the proper places. Now if I could just get rid of that smell in the office ...
rest of our academic sections, share a meal with others of similar culinary tastes (or, at least similar luck in the registration process), and merge into sprawling Wide Game teams. You've probably shared your name, hometown, and schools attended to date with every single person in the first year class at least once, even if some (okay, most) forgot it fifteen minutes later. My only complaint about the week, which I heard echoed from many other students, was that the combination of attending classes and participating in Orientation activities took a lot out of us. We poor commuters were definitely ready for a nap as early as Wednesday afternoon. This may be a necessary evil of the week, and for the many students anxious about the academic rigours of law school, it was probably best that we had the opportunity to get our feet wet quickly. The silver lining to having to adhere to our regular class schedule was that it stopped the week from descending into a six-day hangover. The Powers That Be
may be concerned, as admin-types often are, with the amount of drinking going on during an event like this, but I think it's safe to say that such fears arc largely unfounded. Between the loommg 9am classes and the fact that our Scot1abank money still hasn't arrived, there didn't seem to be much frosh-style irresponsibility. Alcohol being the universal icebreaker that it is, perhaps that was a disappointment to some; on the other band, the night events were quite well attended, and were some of the highlights ofthe week. Deadlines being what they arc, Orientation is barely half over as I'm \\riling this, and truth be told, I'm already a little surprised that I'm finding my cynicism and anxiety overcome with optimism. In a few months, maybe there will be nits to pick, and certainly ample things to stress over. Right now, though, while I may be exhausted and facing another day on only four hours of sleep, Orientation has left me feeling welcomed into the Faculty, and excited for e verything that's to come.
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Canadian )
Diabetes Association Your recycling efforts can help support the Canadian Diabetes Association by donating your used clothing, household items, ink cartridges, and cell phones. To donate please call 1-800-505-5525.
DIVERSIONS
ultra vires
FASHION
Skinny ties and shoulder pads still decidedly uncool . BYKATHERINE ROGOZINSKI Now that all things "vintage" have become so trendy (do you sense a bit of bitterness'?). where is fashion going? And, because I tend to be opinionated on the subject. where should it be going? Magazines are telling us that black is back, especially when done in vintage or vintage-inspired pieces. But after years of minimalist, military. and monochromatic style::., I JUst can't accept black right now. It\ too cas). So, let me make a ca~c for 'SOs fashion. Well, sort ot: We've seen 80s-insptred outfits poking around for the past while, usually in an obnoxious and obvious way (think Kelly Osbourne), but that's not nec- of the '70s disco era, was JUSt so bold and essarily what I'm talking about. I also adventurous and tacky. What other decade realize there was a lot of bad fashion back made so many different outrageous st}les then. Bad tailoring. And bad hair. popular? Spandex, neon, ripped up shirts, Shoulder pads should never resurface polka dots, legwanners, puffy prom dress(people are not meant to look like es ... The '80s knew that it was tacky and stingrays!). Netther should skinny ties or wild and that's what was so funny and silly ties with ptanos on them, unless it's about it. It accurately mirrored popular Halloween or you just want to be crazy. opinion about fashion; if it's supposedly But '80s fashion, following the glitziness frivolous, shouldn't it be a bit whimsical
and fun? So that's why I'm making the '80s my new fashiOn inspiration. Here arc some '80s inspired looks that I think are particularly stylish. Side ponytails were all the rage in grade 5 but I think they're making a comeback. You can graduate the look by keeping the ponytail low. Try experimenting with the workout/dancer trends popularized by movies like Flashdance. Pair a sweatshirt material top with a pair of cropped pants or an old jean skirt. But choose pteces 'that are fitted so you don't end up looking hke you're in the middle of exams and too stressed to do laundry. Bnght coloured pumps are a great way to accessom:e an outfit. They definitely go well with jeans but try pairing them with shorts or, if you're feeling especially silly, wear them with a graphic t-shirt and a ripped jean skirt. You'll look like a cross
between Barbie and the gulfriend of a heavy metal rocker. Faded black Jeans (with or without rips) arc great for both sexes. Wear them with a black top or a white button-up shirt for a slightly androgynous look if you're a woman or for a casual but polished look if you're a man. If you're going for a grittier effect, tl)' pairing the jeans with an old t-shirt and a pair of sneakers. My only caution with '80s fashions or fashion in general is to avoid wearing a trend head to toe (again, a Ia Kelly Osbourne). It usually comes across as unoriginal and too precious. It's much more interesting to take different trends and themes that don't seem to go together and make them· mesh. Matching outfits that way will also showcase your indt" •dual style. Although trymg something new and fun can be difficult and scary, why not try to pull off a new look before you're resigned to shirts and jackets in the working world?
Horoscope BYNICOlE RICHMOND
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Aries (March 21 -April 20) Your fiery. competitive spirit may get you into trouble this month when you try to win an argument against Trebilcock. Govern yourself accordingly. Your efforts will be better expended in the grand moot.
Taurus (April 21 May 20) Your experience at DLS is going to pay off big time when you score all those OCI interviews thts month. Don't think twice about dipping into your loan for a new wool suit for those call backs. Polyester is so undergrad. Money talks, baby.
Boden's emails carefully this month for mformation about exchanges.
~June
22 - Ju\y 22) Domc.\ticity and attention to detail may
Andr~w
Green
have you chasing the furniture movers around so as to place the Rowell room couches "just so." Alas. there may not be sufficient support for your petition for the "Law and Decorating" intensive. Try applying for a membership in Angie's knitting club for stress relief.
Ever charming, Libra eastly befriends others - including music students! In fact, you e'en find that their pesky humming is endearing. Don't stray too far from your law friends, though. All that time spent socializing should have been spent making summarieS'.
Leo (July 23 August 22) - Colleen Flood, Kent Roach Ever flamboyant, you have already begun planning your Law Folhes skit. Make sure your cell phone is turned off in class this month, as your "Raspberry Beret" ringer tS not the delight of everyone.
Scorpio (October 24 November 22)Benjamin Alaire, Alan Brudner, Jim Phillips, Denise Reaume, Lome Sossin, Arnold Weinrib, Catherine Valcke Why ~o many Scorpios around this school? Tsn 't 11 remarkable that the chair of admissions and the Associate Dean are in your mix? Use your intensity as a shield and not a sword this month and we're sure to get Yale right where we want them.
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September 2005
DIVERSIONS
Cheap Eats For a/1 the ne" bies at sclwol, here is a sample ofcheap e.1L<; that you nught (or
mtght not) want to S8111plc. Our punel of well trained in the art ofe.lting (for further mfomwtion. see Malcolm about the cricket lollipop) and forc,•ery issue of UV they be gning you the.' low-down on where to p.1rk it for breakfa<;t, lunch, dinJJer, and snack time critics arc
''ill
SUSHI TIME
It's true that Sushi Ttme g1ves you a Jot of food for your $5 99 plu~ tax. watery Miso soup, an overdressed $alad, your ch01ce of two mam course items, and a scoop of icc cream (stick wtth the mango flavour). The vcgg1c tempura was quite tasty and offered a large, filling portion, but the spicy salmon maki made It difficult to muster the mottvation to clean my plate. -Alexa Sulzenko lfyou like \\arm, uriney a'ocado rolls then you willlo\C Susht Time sushi. Try the tempura or tenyaki dishes instead. Danny Kastner The term •·sush1" m Sushi Time is apparently meant broadly: I could see that what I was eating was supposed to be sushi, but wasn't convmced, I ordered the lunch special ($5.99) wli1cb included bland miso soup, iceberg lettuce salad,
Capricorn (December 22 -January 20) Darlene Johnston Ever ambitiou~. be careful not to overcommit this month to projects you will never complete. Write to at least three clubs and ask to be removed from their mailing list. Everyone already knows you're going to be Prime Minister.
Aquarius (January 21 - February 19)Anver Emon Your humanitarian spirit and unconventional persona often have you wondering whether you should have instead gone to grad school. You should have. But since you're here, think about becoming an Associate Editor for the Indigenous Law Journal.
barely tolerable spicy tuna maki, parttcularly rubbery salmon saslumi, and a disturbingly dry scoop of red bean icecream. In one word: terrible. Malcom Katz
ETHIOPIAN HOUSE
Ne\er ha-.mg eaten Ethiopian before, I was surprised to be handed multiple off'"'hitc towels and no cutlery "'ith my meat lunch specwl ($7.35). Aller being mocked by my ever-helpful fdlo\\ food cntics, I was (eventually) told that the ••towels'· were in fact lllJCra a 'Spongy i'th10p18n bread which also acts as food utensils. 1 he food nt Fthiopinn House is dehcious. The sef"ice rs great. One thing \\Orth noting if you are a little squeami-;h about eating steak tanar (i e. are not Belgmn), you might want to ask for your meat to be prepared \\CII done. Lastly, avoid the ob'vrous EthlOptan restaurant jokes. There is no need to be as gratuitously otfenshc as me. Malcom Katz This is a bit of a \1.-alk from campus but well worth it. I ordered the \Cgetablc and beef special, a gtant platter and generous helpmg of the delightful injera bread all for $7.35. \Vhile the beef was a bit tough, the 1lavourS' were all wonderful. The veggie and beef special ts a good happy medium for ommvores, but, for a fuller sampling of what Ethtopian House has to offer, bring a friend and share both the veggie and meat lunch specials. -Alexa Sulzenko Goodbye futon, so long du-.:et. From now on I wdl sleep bemcen the fluffy folds of wann inJera. At daybreak I \\ill order the \Cgetarian lunch ($6.95) and consume vast amounts of lentil stews w1th the comers of my bready blanket. Then I will sleep deeply and enjoy happy, yeasty dreams. Monung comes: repeat. Danny Kasrner
PHO HUNG
Apparently, all the vcgetanans m Vietnam are very, very skmny Judging by Pho Hung, they have nothing to cat except bland noodles, overcooked tofu, and iceberg lettuce shavings ("egct.anan noodle bo\\1, $9.00). But they ha"c a secret elixir, it is named the Tomato Milkshakc ( 2.50). Know it and be reborn. -Danny Kastner Right across the street from the RO~. Pho Hung has its location going for it but that is about it As the designated carnivore. I had shrimp and seaweed wrapped beef on top of vermicelli noodles (SIO) Unfortunately the noodles made up the bulk of the meal. One redeeming factor was the mango shake ($2.50). Ma\co\m Kat7
Yo u can't beat Pho Hung's location, and it mtcs " dl on the cheap food :.calc.
Unlike my fellow rcvien crs, T \1.-cnt '' ith tltc soup noodles ($4.50 tor small, $6 for large) for which the restaurant is bctlcr knO\\n. The worst part is v.hcn you get a bowl full ofraw1sh meats and ha"c to bul)• them really fast in the ~oup and noodles to cook them. But the best part is that it's pretty tasty and super filhng! Oh yeah. and chcaJ1. Dtd I mentton cheap? If you are paying cash, bnng your student card for a I 0° o discount 1 Alexa Sulzenko
NOTICED. For mformat1on on our Student and Associate Programmes, contact: studentprogrammes@m illerthomson. com
Gemini (May 2 I June 21)- Mayo Moran, Jenmfer Nedelsky Expending mental effort on trivialities is inevitable this month, and your moodiness is evaded when you discover how to solve Sudoku puzzles more efficiently. Don't sit in the first three rows of BLH this year unless you discretely place your crossword inside your casebook.
Virgo (August 23 - September 22)David Duff, Richard Owens Attention to detail and perfectionism may see you spending too much time in the library this month. Worry not, grasshopper. December exams don't count. Your time will be better spent comparing nutrition labels at Whole Foods.
Sagittarius (November 23 - December 21) True to your customary good fortune, you will score free lunches every day this month without ever having to attend one lecture. Long distance travel is also in your future, Be careful to read Merril
Pisces (February 20- March 20) You love being behind the scenes and laying low. But ease up on the paran01a: no one is watching you, and the law school hasn't installed surveillance cameras (yet). Try accepting your colleague's invitatiOn for lunch at Pho Hung.
M I L L E R T H 0 M S 0 N Barnsters & Solicitors, Patent & Trade-Mark Agents
LLP
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ultra vires
DIVERSIONS
26
Saint Falconer Parish New-s BY ANTONY SINGLETON
FAREWELL LETTER FROM • VICAR SPANIEL Let me begin by saying how deeply touched I ~m by all t~e messages that J can only assume have flooded m to the vicarage from all around the world, thanki~g me for al~ t~e wonderful work I've done as Vicar of Samt Falconer s m the past few years. As you know, I leave our wonderful_ parish to take up my well-deserved appointment as Archbishop of Pennsylvania! Among the many amazing things I achieved as Vicar, I've no doubt that the best was raising Sunday School tuition fees by 5,000 per cent, which allowed me to make our Parish truly world class. The money allowed me to scour the world and recruit the very best Sunday School teachers available in the Jast few years. And it turns out that most of them were once children in our own wonderful Sunday School! This just goes to show what a world-class Parish we are. And a couple of them even have doctorates! Of course, some of the Sunday Schoo\ cb.\\d-ren and a cou-
ple of the more selfish members of the
Parish Council (not to mention any names, Deacon Phillips!) grumbled about the fee increases, but they just lacked the vision and independence of mind required to agree with me. Another wonderful thing about the higher fees is that they funded salary increases which will ensure no-one from our Parish is tempted to leave and take up a position at a wealthy American diocese. But now I really must dash- I have a lot of work to do for my new job in Pennsylvania! Godspeed! The Reverend (now The Right Reverend!!) R. Spaniet LLB, M.Div. P.S. Sorry I couldn't be with you at the end-of-year Vicar's Barbecue in April - I was just too important.
Law School Students Can't Play Ball BY JENNIFER MARQUIS
Or can they? Have you always dreamed of scoring the game-winning goal in overtime? Secretly believe you could have been the next Shaquille O'Neal if only you were a foot (or four) taller? Think you can outplay the other faculties? Prove it. Join an intramural team and show the haters out there that we are the all-around best faculty at the school. In addition to showing off your athletic aptitude, sports are a great way to relieve some pent-up frustration, take a break from studying, and get to know other students. The law school intramurals program includes a wide range of sports: everything from table tennis to ultimate frisbee. There truly is something for everyone. No matter what your skill level (and it's perfectly fine if there is no skill at all) playing for an intramural team means contributing to the greater good of the U of T Law faculty and (in a last-ditch effort to convince the cynics out there) it's a highly beneficial item to put on your resume to
Top 10
Celebrity Death Matches BYRANGOEL
(Winners in bold) Lord Denning v. Justice Scalia Last words: "Come now Antonio, abandon that dreadful concoction and fight like a gentleman ...." Weapon: AK-47
Madonna v. Britney Spears Last words: "Oh Mad, I'm so sorry. I didn't mean to sleep with him. You know I' m your biggest fan. We should sing a duet together. Surely the Kabballah has something about forgiveness ... Weapon: The Zohar
Jean Chretien v. Paul Martin Last words: "Jean, listen to me, we can work this out. Jean, we can cut a deal in no time, just like with Belinda. Put the golf ball down, Jean .... " Weapon: The 'choke'
Dr. Phil v. Mr. T Last words: "Pity da fool dat surrounds T with vicious housewives to protect himself... " Weapon: Swiffer Mops
demonstrate involvement outside the classroom, The sports section will follow the progress of each and every law school intramural team. We will publicize the "plays of the game," reveal any scandalous moments from the matches, and hand out awards for "athletes of the month." Hopefully I have convinced each and every one of you to come out and participate in intramurals. If there are any further questions about the variety of sports, the caliber of play, or where to sign up, you can contact either myself (jennifer.marquis@utoronto.ca), James Rickert (james.rickert@utoronto.ca) or Kathy Rivington (kathy.rivington@utoronto.ca).
13
September 2005
DIVERSIONS
Musical matchmaker BY ANGElA CHU
Making friends in the first week of school is pretty tough. Even harder is being able to tell who you' II actually end up friends with, as everyone at orientation is so gosh dangit nice. But there are ways to tell who will eventually make up your posse. Oh, there are ways. First off, there's really no point in looking at a person's clothes. Many a time have I been burned by trying to make friends with some kid sporting beat-up Chuck Taylors only to discover that the goof loves frickin' Coldplay. (This is the point at which you explode/melt into a huge puddle, a Ia Amelie Poulin.) You gotta do some detective work and dig a little deeper than clothes: find out what he listens to. This is a bit of a tricky
j
of his po~t-pubcscent life at Model L N conference~ only to find out that he u~cd to be a devout Elevator to Hell fan. And that he took karate clas~ cs at the age of eight and used to wear transitional-lens a\ •ator glasses (not in a cool, ironIC way, more like in a "Yeah'> So? I'm a freaking detective stratght out of Miami Vice and I'm gomg to karate chop your ass if you don't do what I say!" kmd of way). He is awesome 'cause he likes "Good Sorry Coldplay, you are not cool. Mother," both Final .Fantasy's task because often if you start with, "so, cover of the song as well as Jann Arden's what kind of music do you listen to?" and original version. there's a serious misalignment of musical This will be a lastinterests, it can ing friendship. result in some The hardest to long, uncomfort- read a re the Seth able, and awk- Cohen types. They ward silences. seem pretty cool, You try really with the constant hard not to judge self-deprecating and him but you can't sarcastic commenhelp it. He's a dif- tary, but there's ferent breed of something that's just music lover. a little off. Like on Inferior, really that episode of the But then you O.C. where everyget those magical one at their high moments where school (total nerds you're talking to and foxy drug-pedsomeone who looks dling ladies alike) like he spent most wa!i saying "are you
I
Jimmy Carter v. Dick Cheney Last words: "Come on Dick. tell your goons to go home ... " Weapon: Halibt!J1on security guard
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' n e.
Olsen Twins v. Bush Twins Last words: " ....your dad was an alcoholic ... " Weapon: Beer bottle
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Sponge Bob Squarepants v.
~ Jttrturyfic~l Flf.JUN ~~er."
Stephen Harper Last words: "B . .. b..bob, about the same-sex marriage thing, you know it was nothing personal, just politics ... " Weapon: Water
Sir Elton John v. 50 Cent Last words: " ... and for the last time you twit, we use pennies in this country .. ." Weapon: Never Found
rrf r/te ... ~Nl Stf!Jtli ftc~tAJt of
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Martha Stewart v. Oprah Last words: " ... but Martha, I beg of you, be reasonable, be reasonable... your book about your penitentiary experiences is just not suitable for my book club audience ... " Weapon: Block C kick-jab-combo
Arnold Schwarzenegger v. McGyver Last words: "Ah McGyver, don't be such a girlie-man ... " Weapon: Gum, Pocket lint
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going to Dc:ath Cab tonight'?" or "yeah, I'll sec you at the Death Cab show." Holy crap. Never in my entire life have I \\anted to barf so much from \\atching tcle\ ision as that dark night. It was bad. Real bad. And it is a constant source of mp.tery for me why I get so offended nt cootrdork.y kids that listen to cool 'dorky music. I think it's mostly because these kids were: never really all that dorky growing up and the music they listen to is not really all that cool. But they're so freaking .clever that they draw you into their black widow webs! I get the feeling that the most you can expect from this type is companionship to see Yo La Tengo. Sigh.
www. faske n. com
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DIVERSIONS
28
The boob tube: confessions of a turtle lover BY DAVE SEEVARATNAM
When I was in Grade 12. I was a bu~y ovcr-achie\cr (shut up! rm sure many of )OU \\ere too!). l"d decided to fast-track and was loading up on math and science cour:..cs. My only reprieve from the academic onslaught was a spare period during my fiN term \\hich, through the miracles of class-scheduling, meant I wrapped up my day at I :30 in the afternoon. At this point, rd race home. plop don:n in front of the T.V.. and tum on ... Franklin. For those of you \\ho arc unfamiliar, Franklin is a coming-of-age saga. Well, not so much a saga as an animated series about a turtle and his assorted animal tiicnds. And while the show is sort of about Franklin growing up, it's a bit of a stretch to deem his escapades a coming of age, scemg as he's in kindergarten for the entire series. So, there ·s no escaping it: I was watching a cartoon for pre-schoolers. 1 really got into it, though, pondering such questions as \\hy Franklin had a proper name n hen all of his friends (Bear, Beaver. Rabbit, etc.) went by their respective animal species names. Watching his interactions with these friends. I came to the conclusion that Franklin was a bit of a tool. But, oh! the hilarity! I remember laughing uproariously at Franklin·~ mis:
takes on his first spcllmg test ( Pcnsil? Honestly, Franklin!). Before you all write me off as an emotionally and developmentally stunted freak. I have a theory about television that may explain some of my behav1our. While most laud it for making available the fresh ; ground-breaking content offered by series like Si\ Feet Under. 24. and Alias, or mfonnative news programs and documentaries. television has another important function. Much like crappy '80s music, television has the power to transport us, if only briefly. to a different, and maybe simpler. time in our lives. And I'm not just talking about cheesy
nostalgia like American Dreams. or programs you should long ago have grown out of (like, urn. Franklin). The real "Nostalgia T.V." is the syndicated programming on offer. Feel like going back to 1987? Catch a Cosby Show rerun on Prime. Want a do-over on the eighth grade'! Watch a block of early-season Frh'nd.-; reruns, aired almost da~ly on TBS Networks an.: capitalizing like never before on our hankering for an instant time warp. Some, like TV Land and Deja View, arc de\oted exclusively to this canned content. The "it" format of this decade reality televisiOn - is also getting into the nostalgia game: Pauly Shore had his own
series about re-establishing his career. (I did have too much pride to watch that one. Who misses the early '90s that much?) Especially in law school, where you nrc constantly exposed to both sparkling wordplay and the sobering realities of the world, why waste your time with current te levision shows that offer only more of the same? Judgc me for my Franklin obsession if you will, but you may also find that the adventures of an animated turtle, or the contrived scenarios of your favourite sitcom of yesteryear. are a comforting blast from the past when your current, hectic life is getting you down.
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GAMES
30
ULTRA NEWS
13 September 2oos
31
Wot<:\ Seqtch!!
Ultra News: Not-So-Real News From Around the Law School
BY STEPHANIE GIANNANDREA
AI Cohol upset at being excluded
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Trebilcock to "revolutionize" Family Law
Wot<:\ Game!! Each letter is replaced by <mother. Try to decipher a quote From one oF your favourite cases! To get started, B=A. " ... RALT LTS LPPBMOLT, XSOTY BVCOMSV OL OBFS ODS WOPF VLGT OL BCLOV BNN VBTYSW, DS MBOV 'DS GLRNV PDBTPS 00.'" - CBR.YDBTC
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Unscramble the five words, then unscramble the bold letters to reveal a hilarious legal pun! How did the gymnast win her case?
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Faculty of Law officials announced Monday that Professor Michael Trebilcock will take over teaching all sections of Family Law this year. Sweeping changes to the focus of the curriculum arc expected. "The marriage contract will be seen as a profit-mruomizing enterprise between selfinterested actors, with all duties upon formation re-conceptualized accordingly," said Trebilcock. "We will ask whether th1s fundamental contract should be revolution~ed to include renewal options, acceleration clauses, and binding arbitration. Also, we need to ask whether children should be assigned to the party who is the better risk bearer upon dissolution. I mean, is a kid even an asset, or is it a liability?" The move is part of the Faculty's longtenn plan to infuse each subject with a strong Law-and-Economics perspective. New course offerings expected this winter include Trickle-Down Poverty Law, Health Care Privatization (Intensive), and Environmental Capital Markets. -Geoff Moysa
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In an emotionally charged interview, AI Cohol expressed hurt and frustration about being excluded from Orientation Week activities. "All summer, Kate and Kathryn and I were super tight. We'd hang out practically every night. Sometimes I was the first person they'd turn to in the morning! School starts, wham!, suddenly they act like they don't know me." Breaking into lurching sobs, Mr. Coho! continued, "That time Kate got to second base with that hottic at Sneaky Dees? No way she would have had the courage to grab his ass without me! And don't tell me Kathryn could have dealt \\ith being away from home all summer without my sweet touch to make her feel all wann and special inside." Mary Jane was unavailable for comment. - Keir Wilmut
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In an annual ritual known as "Call Day," several dozen orientation leaders asked out first year students at exactly 12:0 I on Sunday evening. "We can't hit on the fll'St year talent during orientation week," explained James Nunnohamed (III), "but once that week is over, it's go time for the big guy!" Upon encountering a busy signal, he angrily exclaimed, "lousy Goodmans students, breaking the rules and calling early!" KeirWilmut
Trebilcock to use grizzly as teaching aid In response to student apathy and an overwhelming refusal to participate in class discussions, Professor Trebilcock has instituted a new policy. When he asks a question
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U ofT law Grads Receive "Impractical" Degrees
Orientation Bridge Week a dismal failure of the class he will pick a name randomly from a list. That student will be required to come forward to the lectern area, stop within a metre of a starved grizzly bear, and offer their neck. All the while, Trebilcock will be restraining the bear by sheer force. As Trebilcock insisted, "I'm only preparing students for the realities of the profession." For those who are afraid of the idea of offering up their soft neck flesh to a starved grizzly bear, Trebilcock had this to say: "Suck it up, buttercup." -Danny Kastner
Daniels questions breakfast cereal's "excellence" Fonner Dean Ron Daniels reportedly took issue with the excellence of his breakfast cereal on Monday morning, officials confinned. Daniels, who has long started each day with a delicious bowl of Count Chocula, was observed in a trance-Like state yesterday at the breakfast table as he pondered the internanonal reputation of the chocolateflavoured blobs of hydrogenated oil in his cereal bowl. "I mean, 1t's pretty good," said Daniels. "but is it truly excellent? Is it dedicated to being one of · the world's great cereals?" Sources close to the fonner Dean have become increasingly worried as his unwavering commitment to excellence has intruded on his day-to-day tasks. "I'm just not sure I feel comfortable eating a cereal that doesn't embrace and celebrate ideals of humamty and societal leadership," explained Daniels. "If that means paying significantly more for my breakfast cereal, then so be it. One should not shy away from excellence JUSt because it's prohibitively expensive." -Geoff Moysa
Dean's departure results in power vacuum, chaos The sudden fleeing of fonner Dean and strongman Ron Daniels has led to widespread violence and looting. Monitors appointed by the Canadian Bar Association have confinned that while order has been restored in Falconer, rule of law remains dicey in Flavelle. Meanwhile, draft constitution discussions between the Faculty and the guerrilla group known as "SLS" have broken down. Of dispute are prov1s1ons regardmg commitments to "excellence"
and "interdisciplinary approaches to law," largely thought to be symbols of the ousted regime. Division of powers discussions are also off the table. Mike Pal, Commandant of the SLS. commented: "Division of Powers? I've paid my dues with Constitutional law. There ain't no way in hell I'm dealing with that crap again." -Mike Kotrly
lois Chiang missing After leammg that Assistant Dean of Students Lois Chiang had left for the University of Pennsylvania to ''help the new Provost," UoiT law students were shocked to hear that Chiang never arrived at her new digs. "You won't be seeing that b--ch again," Mrs. D. told UV. "Slut," she added. -Laura Bowman
UV staff flogs dead horse Ultra Vires staff members were reportedly unable to generate any non-Daniels related jokes this fall, almost five months after the ex-Dean's departure. "That guy made our job so easy," complained one bitter editor. "I mean, seriously. who are we supposed to pick on now? Sossin is too cuddly, and Langille hasn't screwed us or displayed any visible psychopathiC tendencies yet." 11\stead, desperate UV writers resorted to recycling stale jokes about Daniels' obsession with excellence and hideous creamcoloured suits. "Come on,'' said one wiitcr, "let's go wait outside Phillips' office for him to say something Communist." -Geoff Moysa
Weinrib pleased with new class' "talent" Professor Arnie Weinrib, head of the law school's admissions committee, can't remember the last time he admitted so many hot girls into the first year class. "We're not allowed to ask for pictures, so it can be a total crapshoot," said Weinrib. "But you'd be surprised what you can ftnd with a little Googling. Have you seen some of these hotties?? My Property class is going to be off the hook this year. Maybe some lucky ladies will adversely possess my pants." "You•re a pervert, Arnie," added a disgusted Ernie Weinrib. -Geoff Moysa
A survey conducted by Legal Expert magazine revealed that a law degree from the University of Toronto, celebrated for offering courses on Sharia law and transnation. al legal issues, 1s less practical than that of other Canadian universities. The Career Development Office critici1ed the study for being "impartial", "poorly analy1ed" and "completely irrelevant as long a Bay St. still hires our students." Some students do not share the same viewpoint, however. J:.mes Spamerap (II), kno\\ n affectionately as "Sp:tm", i panicularly frustrated with the curriculum. "I think this school's attitude towards professional diversity is reflected in the a~sump tion that everyone here wants to be a lawyer or an academic." Added Spam, "Sure, I've enjoyed Torts, Property. and Postcolonial Approaches to Legal Juxtapositions, but when exactly am I going to learn the skills I need to be a bailiff?" -Mike Kotrly
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Langille returns from Stepford Interim Dean Brian Langille returned from Stepford this week to usher in the new first years at orientation. "He's just so nice," said Sarah (\). "\t's hke be'\\ \et us do anything." When asked bow Stepford was, Langille just stood there, sm1Img, as if turned off momentarily. -Laura Bowman
Langille buys support from colleagues Shortly after taking control at UoiT law. Interim Dean Brian Langille promoted all of the administrative staff he could ftnd in a desperate attempt to hold onto power. "I get to be Assistant Dean of Students now!" cackled Bonnie Goldberg. -Laura Bowman
Briefly Noted •\
No, Seriously, First Year Student Really Into International Law Orientation leader has three drinks; grounded for two weeks Shalaby off market Langille suddenly much friendlier Law school less like "Legally Blond" than hoped ''Talent" scouted UofT clone lab produces new "Dean Dangille" Peter principle demonstrated Summary, pornography downloaded
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DIVERSIONS
Faculty Smackdown!
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The Provost, sitting in his fancy ivory tower, thinks he gets to pick our new Dean. Time to ptck the People's Champion! ·
In the end. there can be only one. Log onto WW\\-.ultravlres.calsmackdown and cast your vote in the Round One of the Faculty Smackdown! Next issue: analysis of round one, and the semi-finals match-ups .
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FRASER MILNER CASGRAIN 1.1.1 MONTR(AL • OTTAWA • TORONTO • EDMONTON • (..AL .. AR, • VANCOUVER • NEW YORK
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