Ultra Vires Vol 7 Issue 6: 2006 March by Ultra Vires

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

UL TRA VOL U ME 7 ISSUE 6

VIRES .MARCH 21, 2006

SINCE 1999

Tuition to rise 8% for incoming class Moran promises infusion of financial aid to partially offset increase for some students BY STEPHEN BIRMAN With spring just around the comer. the Province has thawed the two-year old tuition freeze, allowing fees at Ontario's universities to rise. In line with the maximum increase permitted by the Province, first year tuition at the Faulty of Law will jump eight percent to $18,150, while second and third year students will face a four percent increase to $17,512 (see Table). In an attempt to soften the impact on incoming students, the Faculty plans an infusion of financial aid that will limit tuition for many first year students to $17.512. On March 8. Ontario's Education Mimster Chris Bentley lifted the province's two-year freeze on PostSecondary tuition. Bentley said that the freeze had become too e.xpcnsJve, and removing it was necessary to provide better-quality education. The Minister's decision permits maximum mtc increases of 4.5% per year for students entering an undergraduate program. Professional and graduate schools (such as the Faculty of Law) arc allowed to raise tuition a maximum of eight percent for students entering the program, and four percent for students in second year and beyond. It remains up to the institutions to set their own rate:. within the parameters of the cap as long as the institutional-wide increase does not exceed five percent. Although the final decision for the Faculty is made by Dean Mayo Moran, she admitted at last week's Faculty Council meeting that "Simcoe llall is very keen on

UVIndax ~

ODE TO CODE P.3

SUPREME COURTSHIP P.10

MILK MACHINE P.15

CARTOON CONTROVERSY P.24-5

POP CULTURE REVIEW P.29

SCOTT BAIOWULF P.32

BIRD COURSES.P.33

Mo' money, Mo' problems for Mo' ran us going to eight, four, and four [the maximum permitted increase]. This would mean an average 5.3% increase across all three years." In n subsequent interview with UV, Moran confirmed that the school would go ahead with the 5.3% overall increase, which she claimed is "not much above academic inflation." During the Faculty Council meeting Moran also revealed plans for a one-time

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rebate for members of next year's first year class. Students who qualify for financial aid, or whose combined parental income is less than Sl40,000, \\.'ill receive a 50% discount on the tuition hike. and will face only a four percent increase. Moran commented that this plan will shift the full cost of the increase onto only the "most aflluent students." Moran, who pledged to be "modest on

tuition" after her appointment as Dean in December 2005, defended the raise. "My view is that we should be some\\ here above the rate of academic inflation but below double digits,'' she explained. Moran's increase will exceed the rate of academic intlation :.et by the University, but fall below fonncr Dean Ron Daniels' previous targcb which would ha\c seen the incoming class greeted by a $22,000 bill.

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OSLER

NEWS

ultra vires

Tuition. for second and third years to hit $17,512

NEWS

21 March 2oo6

Would-be profs put through their paces BY STEVEN BIRMAN

CONllNUED FROMPAGE 1

specific numbers in the long term. "I don't think an eventual number is realistic While the Dean gets the final ~ay on the because the price of everything goes up,'' mcrcasc, Moran said that practically she said. "Ho\\evcr, we are very much in a speaking, the decision is constrained by regulated environment right now, and the the pnonttes of the University · nature of that means that it is going to be Administration~ "You're always eonhard to more than keep pace with academ:.trained by the powers that be." she s~id. ic inflation at the University." "It's my decision, but obviously I operate While the divisive tuition debate from in the framework of the broader earlier in the decade has been somewhat University." quieted by the tuition freeze. SLS Since Mike Harris' Conservative gov- President ~fike Pal commented, "tuit1on is ernment deregulated tuition for profes- prohably the issue that I hear about from sional schools in I997, Law School tuition students the most." Pal pledged to continhas risen from approximately $4,000 to ue fighting lor students on this keynote S I6,000. Former Dean Daniels was two issue, and said he will work with the years into a contro\ crsial Five Year Plan to administration to make the tuition rebates raise tuition to $22,000 when Dalton as inclusive as possible and continue to McGuinty's newly-elected Liberal push for a full review of the financial aid Government placed a two-year freeze on system. tuitiOn in 2004. Moran. however. said that Meanwhile, Moran acknowledged that the school will not continue along Daniels' the tuition debates are certain to continue, Five Year Plan during her term as Dean. and recognized there will be more obsta"We can't possibly meet that plan," she cles to overcome in' the future. "Part of the said. "We will not have the level of challenge as Dean is to be able to create an resources that we would have had on that institution that the best students in the plan. I have spoken with Provost's Office country want to come to study law and and we will make a new academic plan then to make sure there is an appropriate next year." balance between having resources and If first year tuition continues to increase accessibility." by eight percent annually, however, tuition Dean Moran expects the tuition raise to would exceed $22,000 by 2009 (see be formally approved by the University's Table). Moran resisted discussing these Busmess Board on March 27.

Projected* tuition at the Faculty of Law 2006-2007 First year First year on financial aid second year Third year

$18,150 $17,512 $17,512 $17,512

2007-2008 First year second year Third year

$19,535 $18,845 $18,178

2008-2009 First year second year Third year

$21,027 $20,281 $19,562

2009-2010 First Year second Year Third Year

$22,639 $21,833 $21,507

* Figures assume a steady 8%/4%/4% increase, and include $872 in ancillary fees.

It is shopping season for the Law School as

Dean Mayo Moran continues the faculty hiring process for next September. The Law School has recently hired Nehal Bhuta from Melbourne to teach International Human Rights next fall. Mr. Bhuta received his LL.B from the University of Melbourne, an MA from the New School for Social Research in New York, and an LL.M from NYU. He is currently acting as an observer at the trial of Saddam Hussein in Iraq. In addition to Bhuta, Dean Moran said that there arc currently offers tstanding to "a couple" of other people. The Law School is searching for Faculty in several areas including Law and Development. Applicants are judged primarily on their academic research, with the strongest candidates invited to the school to do a "Job Talk." The "Job Talk" is a presentation of a candidate's academic research before the Dean, Faculty, and student representatives. Following the "Job Talk", Dean Moran consults with faculty and students before making the final decision on all hires. Ultimately it's the Dean's decision who gets hired; Moran says that, "In some ways it's the most important decision because you hire someone for the next 30 years or

more." Four remaining candidates will be presenting "Job Talks" in the next few weeks. One candidate is respected lawyer Michael Code, who taught Evidence and Criminal Procedure this year at U ofT. While practicing Criminal Law, Code has been teaching Criminal Procedure on the side at the school as an Adjunct Professor for 15 years. This year Code took a one-year sabbatical from his practice in order to beef up his research and pursue his ultimate goal to teach full-time. If hired, Code says he will look to add new upper year courses in advan• nd criminal procedure, advanced cvru~o:r•ce, ethics, and securities enforcement. At 56 years old, Code is a unique candidate as he is older than most new professors and has a breadth of experience as a practicing attorney. Dean Moran says that the process is not stacked against older candidates even though most recent hires have been much younger than Code. Code's confident teaching style and experience as a practitioner has quickly made him one of the school's most popular professors. His chances may be affected by his focus on practicing law, which has not left as much as time as he would have liked to do research (although he has written two papers this year). Moran notes that the

school has very demanding academic standard standards which "we should have,'' but does not behcve that it is impossible to do research and engage in the intellectual side as a practitioner. While unwilling to state a number, according to Dean Moran we can expect to see additional new hires next September. She would not comment on Code's application specifically but did say his "Job Talk"

Andrew Pilliar, Leslie Church, Ke\r Wilmut, Nicole Richmond, and Polly Dandy-Kaplan accept the Gordon Cressy leadership award \missing: Me\issa Kr\shnal

Ode to Code Pn1clltioncr for a lon g time what '>Ort of toll docs that ta.kc on your p crscmal liJ<:l'

BY STEPHEN BIRMAN

"As a student, I hope to be pigeon-holed into one practice area." 0

was very soon and is willing to consider opening his presentation to a manageable number of his interested students. As Michael Code's teaching fate remains in the air, students are welcome to share experiences from his classes with the Dean. Code expects a final decision on his application within a month and hopes to jom the school in a full-time capacity next September.

Strongly Agree

Strongly Disagree

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M C: It takes a great toll. You sacrifice a lot of things. 1 had a failed marriage and haven't been fortunate to hnve kids, so 1 have a lot of failures bebind me that are tied to working in a difficult area of law.

As a Former Adjunct Professor, respected defence attorney who has spent the past four years working on the Air India defence, and current Professor Michael Code wraps up his year on Sabbatical, U V sat down with him to find out if the Criminal Code was written in his honour. As it turns out it was not, but Professor Code shared great insights on his career, his .vear of teaching and his future plans.

You have to really love it. UV: Are there any cases you have worked on that you can't get out of your mind? MC: (Pause) Sure, there arc. The Guy Paul Morin case comes to mind. I worked on his first trial when he was acquitted but as you know he was subsequently • found guilty in what later turned out to be a wrongful conviction. You really bec~me involved with the per~on 's innocence tn cases like that.

UV: We understand you have applied to return next year in a full-time capacity? MC: 1 would love to come back here and teach next year, I love the contact w1th the students people who are young, bright and passionate and not yet c_ynical to the point where they have been Jaded like many in the profession. UV: In the event you were not asked to return could we still expect to have you code discusses law, cardigans back here teaching Criminal Procedure in an adjunct capacity? MC: 1 don't know if I would. I don't feel UV: Do you remember being a student whtch I've done. I've published two like you can give Criminal Procedure or here? any other course the attention it deserves papers so far. MC: Oh yeah, l was a shy, quiet kid who in an adjunct capacity. Now that I have spent a lot of ttme in the library. I loved UV: Have you applied to teach elsetaught it with the proper commitm~nt and the s1Le and collegiality of the school. I preparation it would be hard to do rt as a where? fell in love with the law as soon as I practitioner where you arrive at 6:00pm MC: I have. came here I felt like I found myself. after a long day at court and have limited UV: But you want to be here? This is time to prepare. It's a compromise. The UV: Who were your favourite professors? Sabbatical year has been fantastic - you your first choice? . . MC: Well, there was Marty Friedland, MC: Absolutely, of course, th1s 1s my can teach to a totally different level than Stephen Waddams, Arnte Wcinrib, they Alma Mater. I have a very strong connecyou can as an adjunct. Right now l'.m were all great, and very rigorous. tion to U ofT - my primary commitment preparing for class tomorrow, and l _ll spend 12 hours on it. The whole potnt of is to this school. UV: You have worked as Criminal the Sabbatical was to give me time to develop a research and writing agenda, _ _ _ - -•• __::::-•• :;:::-: _ • _____ ••••• _--:;-::-:-: _ 4

. . . . . . . . . . . . . . . . . . . . . ..

UV: There arc some rumours that if Paul Martin had been re-elected you would have been a candidate for appointment to the Ontario Court of Appeal, any truth'? MC: (Laughter) Well, I mean you have to apply to go to the Court of Appeal and I have never applied. UV: Is there a criminal lawyer you look up to or admire? . . MC: Arthur Martin was the biggest rnflucncc on me. l started practicing in the Court of Appeal right out of law school soon after he was appointed to the bench. lie ran Courtroom 10 at old Osgoode Hall like an ongoing seminar on criminal law. He was the leader that criminal defence attorneys followed and there was nobody else like him.

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NEWS

ultra vires

Women's Day • recognizes trailblazers . ••

March

2006

NEWS

Life imitates law school as SLS reps grapple with division of powers Two-thirds majority of student vote needed to ratify new SLS constitution BY KEIR WILMUT

BY AFSOON DONNA HOUSHIDARI

International Women's Day did not pass by as just another date on the law school's calendar this year. Instead, March 8 was a day filled with events that drew the attention of students and faculty alike to the progress the school has made towards the equality of the sexes. Like the women it celebrated, the day itself was trailblazing: this is the first year that the Faculty celebrated the day designated by the United Nations to focus on the world's women. From morning until evening, a diverse range of creative and meaningful events took place, highlighting the contributions, accomplishments, challenges, and aspirations of the many women who have walked the halls of Flavelle House. The day's most immediately noticeable feature was the Trailblazer's Photo Exhibit, a display showcasing 19 female graduates of the Faculty and their unique accomplishments. Assistant Dean (External Relations) Jane Ki.dner, who helped put together the exhibit, said, "There could have so many women up there, and the ones selected arc representative of particular types of contributions, time periods, or fields of study." Kidner confirmed that the display, which occupies

but exhibit defaced· •••

Vandalism, anonymous online misogyny unfortunate exceptions to successful event BY ANDREW PILLIAR

Amid the overwhelming torrent of goodwill surrounding the International Women's Day events at the Law School, two unfortunate currents indicate that things aren't entirely rosy yet. Within days after the Trailblazers installation was unveiled opposite the Rowell Room, someone defaced the exhibit by drawing a moustache on one of the pictures. A conscientious law student soon noticed and erased the graffiti, and the Faculty replaced the panel on Wednesday.

the wall of the Flavelle entrance opposite the Rowell Room. will be a permanent addition. Workers were seen bolting the display into the ground late last week. The unveiling of the exhibit was only one part of the Faculty's celebrations, which began early in the morning with a panel discussion entitled "Higher Up in H1gher Education: Four U of T Women Talk Leadership." Over two hundred people attended this lively forum in BLH. The panel was followed students view 'the new permanent exhibit in the entrance to Flavene by the Women Graduate Students' Poster Presentation. This was a in various parts of the world who still challenges as a woman at a much different showcase of the varied and cutting edge struggle for access to basic education and U of T of the past. One notable example research endeavours of current women health care, let alone the acquisition of a was the story of Joan Bushell, a 1951 graduate. When she couldn't find a summer students Attendees included U of T's professional degree. The highlight of the day for many stu- position, one of her more understanding President David Naylor. At lunch, the launch of the new website dents was the Afternoon Tea with Women professors took her on as an assistant. But of the Women's Human Rights Resources Alumni from the Early Years. Held in a when she returned to him the next year, Programme (http· /www.law-lib.utoron- lavishly decorated Faculty Lounge, the having failed to secure an articling posito.ca/Dianal) was accompanted by a talk event was attended by undergraduate. tion. h4.! rc ponded, with ten.-, in his -._·y-.._• by Paula Donovan, Senior Advisor on Master's, and SJD students, professors, "Joan, just go to parties and get married." Women's and Children's Issues in the alumni. and some of the early female grad- The women that were honoured went on to uates of the Faculty themselves. do many things with their lives, including Office of the UN Special Envoy on Thelma Thomson, who graduated in the pursuit of successful legal careers. One HIVI AIDS in Africa. Donovan's discus1948 when only 3 female students attend- of them became the first female Prime sion drew attention to the plight of women ed the school, shared her experiences and Minister of Domimca. Assistant Dean (External Affairs) Jane Kidner ''bclicve[s] and hope[s] .that that was a very isolated incident", and notes that the Faculty has received "dozens and dozens of calls and e-mails from alumni and others who arc just thrilled with the exhibit, and feel a wonderful sense of empowerment that we have chosen this as a way to celebrate the achievements of our women graduates." Unrelated to the graffiti incident and to the International Women's Day events, a Law Buzz discussion string, entitled "WOMEN ONLY pub night", appeared recently w1th reactions to the Fourth Annual Pub Night run by Women and the Law in partnership with the COO The SIX pages of postings on the string, which began on February 24, included a number of offensive and misogynist comments. Responding to the string, Women and the Law printed a selection of these comments and posted them on the Women and the Law bulletin board, located in Flavelle, opposite the JD mail folders. 17 comments were posted under the title "Why?" "The reason why we posted the comments [on the Flavellc board) was not to shut do\\-n debate, but to open it up",.notcd Polly Dondy-Kaplan (III), on behalf of Women and the Law. The comments themselves can be accessed at http:l/www.lawbuzz. call nv is i onli ndex. php?showtopic=JOJ93. By March 18, the string consisted of

Like the Charlottet0\\'11 Accord, a new constitution for the SLS has been put to the student body for ratification. The framers of the proposed constitution hope that, unlike the ill-fated Canadian constitutional proposal, this document obtains the support of two-th1rds of at least I 00 members of the student body required to be ratified. The proposed constitution contains four maJor changes: a requirement for monthly meetings between Student Affair and Student Caucus which are open to and encourage participation from all students, the creation of an elected Vice President Academic position, the creation of an appointed Director of Communications position, and changes to the Chief Returning Officer pos1tion. Leslie Church (III), who along with fellow SLS representatives Yasuda Sinha (II), Andrew Pilliar (Ill), and Dave DeGroot (11) drafted the new constitution, said. "Our goal was to create a Constitution with the actual current practices of the SLS in mind while incorporating enough flexibility that the organization could grow and change without having to hold a rcfcrcn-

reforms that would have eliminated the d1stmction between Students Affairs and Student Caucus. Instead, students would have elected 15 to 20 student representatives, along with a President and four VicePresidents. However. SLS representatives were uncomfortable with th1s amount of change. "I think this is based on a false premise that bringing in more people will result in more work being done," argued Alex Kcnjeev (l). "I think less work would get done, not more." Polly Dondy-Kaplan (III ) expressed concern that students would run for a vice-president position 'just to get something on their resume," and the new positions would make the SLS more like a "high school student government." Pal advocated against eliminating the Caucus I Affairs distinction, arguing, "Specialization helps people to focus in a few core ta~ks, instead of gettmg bogged The excitement is palpable down ... lf we had one big SLS council with no Caucus and Affairs dtv\Ston, as Student Caucus do not get to formally con- position would be "a huge improvement there used to be, then we wou\d )ust have sider the SLS budget or comment on fund- over the current situation. Right now, the to re-create the division i.ntema\\y w\th ing allocations. Additionally, many areas Prestdcnt's ro\e is too mu\ti-faceted. We sub-committees. By havi.n'j!, CauCU':> ann of student concern, such as the environ- wi\\ be ab\e to achieve mo-re co\\cc(ivc\y \f .1\.ITai.r':>, ':'>tudent':> 'j!,et to vote on wh<:l \l,Ct'io ment, inter-d•sciphnary ma\\crs, and stu-

we have an t><.\rd. pcr-on w\th a su.\<c \n \\\c

dent-professor rela-

policy and research side of the organiza-

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"Polly Dondy- Kapla n ( III)

expressed concern that students would run for a vice-president position "just to get something on their resume."

dum on every little change in a person's duties or internal polic1es." The monthly meetings, according to Church, are designed to help the SL.S "act like we are one organization." As It currently stands, she notes, members of the

srcy

area between the two branches of the SLS and arc dealt with by neither. The meettngs are also intended to provide a regular, predictable forum for students to bring concerns, questions, or criti-

cisms to the SLS. The new Vice President Academic, who will be elected annually. will chair the Student Caucus and be responsible for ISsues related to student's education. SLS President Mike Pal believes that the new

The new Director of Communications,

who would be appointed by the President and Vice-Presidents, will replace the current Secretary position. He or she will be responsible for acting as a liaison between the SLS and the student body, and finding better ways to commurticate with stude~ts. The responsibilities of Chief Retu~mg Officer will be taken away from the VIcePresident Student Affairs and given to an appointed student, who must be in his or her final year. On March 6, the Constitutional Committee presented a variety of options to a special joint meeting of Student Affairs and Student Caucus. The Committee recommended sweeping

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A /though Church C'-prc., .....-d ili~tlppt>int mt.•nt thtJt the SLS n.jectt.•d the mon..· tron-fonnational aspects of the committee's

plan, she notes that the final document "reflects the degree of change people were comfortable with and it's definitely a big step in the right direction. These proposals will strengthen the SLS' ability to communicate with students, organize its internal affairs, and work proactively to address student concerns.'' . Voting on the new constitution, which must garner the support of two-thirds of at least 100 members of the student body to be rati tied, takes place on March 20 and 21 between noon and 2:00 pm.

WAitiD 3 'Ht silliHIJ ;,. eoHt~~tiiiDD, 8~41 3

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AI iiDasl 3 AopD a~td pray IAal 3 wit18, 8141 today 3 aHt silOS /14SI a 0188, I00 postings and had been viewed more than 2.400 times. This is one of the most active strings on the active Law School and Students forum. There are more postings on this string than any other Law School and Students string, and the viewing numbers arc among the highest in the

forum. Since postings are anonymous, it is unclear whether all postings were from law students, or where posters are from.

"U'io

ultra vires

NEWS

Faculty move a "real possibility" Advisory committee struck to decide on location before the end of April BY ANDREW PILLIAR The future of the proposed new building for the law school still isn't settled. But it will be before the end of April. Dean Mayo Moran has appointed an advisory committee to help her decide between keeping the Law School on its current site, and moving to a new site at Bloor and Devonshire, known in University planning parlance as "site 12". Though there has been speculation that the University administration would like the Faculty to stay in its present location, Dean Moran stresses that a move is "absolutely a real possibility". Based on a Governing Council deciSIOn made in March, 2005, the Faculty of Law has been given an option to move to the Bloor and Devonshire site. The decision to exercise the option ul timately rests solely with the Dean, but Dean Moran has indicated that she will consider the advisory committee's suggestions very seriously. The advisory committee is composed of five students, fi ve faculty members, five staff members, five alumni, and two representatives from the Uni versity. After the decision on location has been made, a new committee will consider issues for the design of the new or renovated building. Dean Moran wou\d \ike tne bui\ding to ultimately be "part of the city's architectural renaissance", and emphasized that she would like a building to reflect the "academic personality" of the Faculty, and to not look just like a law firm. Pressed on her views of the proposed move, the Dean admitted to bemg tom. Acknowledging

stipulated that the Law School would use only two-thirds of the total space. The remaining third would presumably be occupied by other Faculties or departments. At the Governing Council meeting last year, a representative of the campus-wide Students' Administrative Council pressed the council in vain to consider the Bloor/Dcvonshirc site for a proposed student centre. The SAC could not be reached for comment on their current plans for a student centre. Costs for a new building or a renovation of the current site have been estimated at between $70 and 90 mill ion. These prices do not reflect any costs for student, staff, and faculty relocation during construction. The Faculty administration has been pursuing a multi-track fundraising campaign, a nd has apparently secured funds for some elements. According to Dean Moran, there arc ample funds for a new moot court room, purported to be named after Supreme Court Justice and U of T alum Rosalie Abella. Potential donors have also expressed interest in conference centre facilities at the law school, though further fundraising will hinge on the Faculty's abi lity to present a more detailed framework outline for the building project. A copy of the Governing Council motion can be accessed from www.utoronto.ca/govcncl/ using "site 12" as a search

that a lot of people feel attachment to Flavelle in particular. wh 1ch she described as a "unique jewel", Dean Moran pomted out that a building project is far more complicated on the present site than on a new site. The Governing Council motion mdicated that any construction on the current s1te would involve relocating classes over a one or two year period. The Dean was noncommittal when asked whether renovation of the current site would likely involve both Falconer and Flavelle, or whether the Faculty could move entirely into a renovated Flavelle. Though any decision on design will be made much later in the process, Dean Moran "could imagine some arrangement" to vary the Faculty's presence on the current site. Development on the current site must accommodate the fact that both Falconer and Flavelle are listed by the city in the inventory of heritage properties. The report to Governing Council states that "the sites [are] bounded by Philosophers' Walk where encroachment would not be appropriate." Tentative plans brought before Governing Council called for an increase in space for the Law School of 50 percent, from 12,268 gross square metres to 19,236 gross square metres. However, the B\oor 'Devonsnire site can accommodate a building up to 30,000 gross square metres. The motion passed by Governing Council tcm1.

Membership on the Dean's Advisory committee on the Faculty of Law Site: students: Mike Pal <11> Elliot Smith un Alex Kenjeev m Alexis Alyea un Rose Ann MacGillivray CSJD student>

Faculty Members: Marty Freidland Jutta Brunnee Aud rey Mackli n Lorne sossin Angela Fernandez

staff: Kate Hilton Kathy Tam Beatrice Tice Kaye Joach im Tammy Taylor

Alumni: Clay Horner CLaw Alum ni Association President> Clayton Ruby Derek Watchorn Hal Jackman TBA cone additional member)

University Representatives: Elizabeth Sisam (Assistant VIce-President, Space and

Facilit ies Planning> and Budget Officer, campus and Facilities Planning>

5 years ago in UV Third prof leaving for York Raising concerns that U ofT was losing its progressive faculty members, Professor Janet Mosher became the third prof in less than a year to accept a position at Osgoodc Hall. Mosher, a poverty law expert, said she didn ' t sec herself as very well-suited to many of the " future directions" at U ofT, and added that Osgoodc had "a genuine commitment to process." Professor Jim Phillips said he hoped a new poverty law expert would be hired, since ''tt would be remarkable if in Toronto we didn't have a person who worked on issues related to the poor, homeless, and welfare."

R6aume Inquiry may have chilling effeCt Allegations that Professor Denise Reaume may have played a role in the law school's grade scandal raised serious concerns that it could have a chilling effect on academic free speech. After the university announced that it was "striking a committee to investigate allegations that Rc~mme made statements" that contnbuted to the grades scandal, law professors from around the world voiced their concern. However, Professor Jim Phillips was only able to find three professors within the Faculty to sign his public letter of support for Reaume.

The old Rowell Room .•. It's carpeted!

Rowell Room to be converted A plan to renovate the Rowell Room to improve both the aesthetic appearance and the communal atmosphere at the Faculty of Law was announced. Kathy Tam. the law school's Chief Administrative Officer, said that the renovated Rowell Room would serve a communal function by acting as both a cafeteria and a lounge. One student who served on the User's Committee noted, "It is hoped that the professors will use this lounge as well."

Duff on Duff When asked about his youthful ambitions, Professor David Duff responded, " I wanted to be a tax professor from the moment of conception. OK, not true. I wanted to be lots of things - and still hope to be. Tax prof is just a phase." Time is ticking, Duffmanl

NEWS

Students push for a responsible University BY GEOFF MOYSA

Jennifer Adams <Planning

> > see point I counterpoint page 23

21 March 2oo6

aparthe1d m South Africa. They have been completely unsuccessful." Two U of T law student-driven initiatives Goel attributes past failures to the overly are challenging the school's social agenda, confrontational tactics associated with stubut you won't hear any slogans shouted or dent social movements. "Traditionally it's see any picket signs. Instead, Alex Kcnjeev just been' slogancering and protesting, and (I) and a working group created by Ran the ad min JUSt brushes them off.'' said Goel. Goel (II) have spent their year qUietly "We decided to take a quieter, researchresearchmg and gamenng support for milia- based approach without vilifying the lives designed to 1mprove the University's Umvers1ty for being evil-doers.'' stance on social and environmental issues. The strategy seems to be successful so Rather than proceeding through protest and far; the University's Administration agreed confrontation, however, Kenjeev and Goel to let the group present Its 80-page proposal have guided their proposals successfully at a Business Board mcetmg on February I. through official channels, and hope to create The presentation resulted in a student-led 2institutional change that lasts well beyond hour discussion, which Goel descnbed as their careers as law students. "unprecedented" in its depth and student Since September, Goel has headed up the mvolvcment. Responsible Investment Working Group, an The ball IS now in the Administration's initiative to promote responsible investment court. U ofT's Vice President of Business of the University's endowment and pension Affairs Catherine Riggall IS responsible for funds, which together total $4 billion. issuing a response. Any major changes in Currently, the University's investment policy would likely need to be approved by choices are not bound by any social or envi- the Business Board, and ultimately ronmental responsibility guidelines, and approved by the University's Governing have never been made comprehensively Council. available to the public. Goel teported that the Administration "The idea was to persuade the adminis- very recently made a surprising fli'St step tration to take social and environmental fac- forward, however, by agreeing to publish its tors into account when choosing their investment information on its website. "It's mvestments," said Goel. "There have been a good step, and given the bureaucracy that groups over the last 20 to 30 years that have goes on in Universities, it's a quick step," tried to institute changes in the same regard, said Goel. 'They've been more willing to targeting University investment that was take input and take this seriously than we tied to tobacco, the weapons industry, and expected, especially when you consider \nat

U ofT has historically just not been mterest- amendments were suggested. The first ed m entertaining the idea. That reluctance 1s changed the policy to simply create a comsomewhat surprising given that many US mittee to discuss and implement the poliUmvers1ties have instituted re ·pons1ble cies. The second amendment removed all investment practices." spec1fic principles of sustainability, instead The group is hoping that by building pro- makmg a general commitment to "environcedural requirements and a committee struc- mental sustainability". The Spt."Cific princiture into the proposal, the project will carry ples would be Jell for the committee to on and continues to exert pressure on the determine on an ongoing basis. Administration in years to come if it is · Despite the compromise. Kcnjeev was approved. In the meantime, the group will very happy with the outcome "I think the be seeking to move the initiative into the concerns behind the amendment were fair, public eye with a webs1te launch and a pub- and that the whole thing benefited from the lic presentation at OISE next week. wider consultation that Faculty Council Alex Kenjcev, meanwhile, has concen- offered," he said. "Committing to 'princitrated h1s efforts on a local level. As report- ples of environmental sustainability' is a ed m Ultra Vires in February 2006, the first- monumental outcome, no matter what year student pitched the Faculty its first you're companng [it] to. I can already see Sustainability Policy, an initiative aimed at how gettmg these issues on the table is reducing resource consumpllon at the Law changing tlungs: at the Faculty Council School by suggesting duplex (two-sided) there were jugs, not bottles, of water, and printing to cut down on paper use and some of the handouts were double-sided." requiring reusable cups at catered events to Kcnjeev acknowledged that the amendreduce waste. ment to strike a committee creates another Kenjeev's policy was debated during a level of bureaucracy before any change IS boisterous Faculty Council meeting on effected, but expressed optimism that his March 15. While the majority of the Faculty goals would be reached. "lt means that the was in favour of establishing a committee to Faculty is serious about looking at what the look into the issues, Professor Hamish costs are and consulting in a more systematStewart expressed concern over committing ic way. As a result, we'll have something the whole Faculty to a specific set of"prin- where we know exactly what the trade-otis ciples" which included "respecting other life are, we'\\ have ideas from more stakeho\dforms", fearing that this would compromise ers, and we'\\ nave a more genume comm\tment from \he community as a wbo\e:• the academic freedom of professors. The pohcy was voted t'hroul!,h after two

ultra vires

NEWS

•

UBC, Queen's law students vote In favour of switching to JD Referenda votes not binding; consultation with faculties to follow next year BY GEOFF MOYSA

Law degrees granted from UBC and Queen's \\.ill soon have "J.D." printed on them instead of "LL.B.," if students have their way. Students at the rn:o schools added their voice~ to a growing chorus of law students in Canada who want to adopt the American-style J.D. designation. voting strongly in favour of the change in recent non-bmdmg <>tudent referenda. UBC's um Students' Soc1ety held its vote from February 21 24. In answer to the question "Do you support the student government pursuing a change in the degree designation from LL.B. to J.D.?", 220 voted yes. 65 voted no, and 42 gave no response. giving the pro-J.D. vote a 67% majority. The results of Queen ·s referendum on the same question on March 16 were even more decisive, with 78.5% voting in favour of the switch. 224 votes were tallied for the change, 68 ~otes were against, and I 0 ballots gave no response.

For Queen's, the vote was part of a coordinated movement between Ontario law schools. With the exception of U ofT, which changed its degree designation to J.D. (Juns Doctor) in 2001, alf other Ontario law schools stlll offer an LL.B. (Bachelor of Laws). In November 2005, the University of Western Ontario put the wheels in motion by holding a similar vote. Out of the 61% of the student body voting, 61% voted in J.D. favour of a change to the J.D. However, this included 16% of students who made their vote condllional on the change being adopted by at least one other "leading Canadian law school" at the same time. As reported last month in Ultra Vires. this led to a February 2006 tele-conference between the student law society presidents, where each Ontario school (except

for an absent University of Ottawa) com- entrance requirement at UBC. Everywhere mitted to seriously considering the change. else, that would be called a J.D." Employer perception is the other most Queen's Law Student Society was the first to act. producing a report outlining the commonly cited concern. With more pros and cons of the potential change, Canadian graduates going across the borincluding its possible effect on employer der to New York, London and other global and alumni relations, and holding the ref- centers. some students are worried about international employers assuming that erendum. Meanwhile, Canadian grads are less qualified than their UBC's lav.: American counterparts. student repreWhile both referenda yielded a clear sentatives majority, the results are non-binding, and stated that the merely meant to serve as a starting point momentum for both schools· student governments to for change at consult with their respective Faculties next their school was generated independently. year. "We're taking this as a mandate to "A lot of us arc first and second generation pursue discussions with the faculty. and Canadians with ties to Europe and Asia. some of the people who voted may have where the LL.B is a degree you get strmght just seen that as a vote to keep the discusout of high school," said Peter Doelman, a SIOn going," sa1d Doelman. Part of this disfirst year law student at UBC and VP cussion will be outreach to the community Academic of the Students' Legal Soc1ety for 2006-2007. 'There's a feeling that it's mislcadmg here since there's a 3-year CONTINUED ON P.9

"Most people didn't even know U ofT had the

A fireside chat with SLS President Mike Pal BY STEPHEN BIRMAN

UV: In your opinion, how important of an issue is tuition for U of T students? MP: I think tuition is a huge issue still at U of T. Outside of the classroom expenence, it is probably the issue that I hear about from students the most. UV: What are your thoughts on the Liberal governments program to lift the tuition freeze, and its affects on the law school? MP: I think it is a mixed announcement. The tuition increases are a significant burden on students. 8% for first years is actually a large amount of money. It is a pos1tive thing that students have predictability on tuition in making their decisions about attending law school.

U\1: Docs Dean Moran's pledge to "be long-run we need to commit to the goal of modest" on tuition mean you are assigning more than 30°/o of new tuition expecting increases below the maximum money to financial aid, as is currently the case. allowable amounts of 8 and 4 percent? The students on the financial a1d comMP: She said at Faculty Council that the law school is going to go the full 8 and mittee also presented a series of recom4. There will be one-time financial aid ·mendations on financial aid to make the rebates, however. so that students in program more inclusive - I have been first year next year will be assessed a high- pressing for a full-scale review of the er tuition rate, but get an extra financial aid system over the course of this amount in bursaries and only have to pay a year. 4% increase m effect.

UV: At what point do you worry about tuition levels significantly harming accessibility to this school? At what point (if not already) will incoming students say that is too much money and go elsewhere? MP: The SLS is always worried about accessibility. We need to be constantly vigilant on the issue. A recent Stat-Can study showed that the middle class is having a hard time accessing professional UV: What are the long-term implica- schools. So there is evidence beyond tions of 1i fling the freeze? the anecdotal evidence that we hear as stuUV: Have you worked with other law MP: The long-term judgment on the dents. I really hope that the school student governments to consider government's initiative is going to accessibility agreements that the govern- your accessibility concerns? depend on how they implement the quality ment will 1mpose are going to have MP: I've been in communication with and accessibility agreements: teeth so that schools will have to concrete- the other law school student governments demonstrate that accessibility to coordinate a response - we got some Essentially, the government said if facul- ly ties are going to raise tuition, then is not being harmed, and even improved. media coverage and a response from the they need to show to students and the Minister on my point that the accessibility UV: As President what have you done and quality agreements need teeth. province that they are improving quality and accessibility. When deregulation first to address this issue? In anticipation of the announcement, as M P: I have met with the Dean twice a group the law student governments went occurred for professional schools, adequate monitoring of these things did since the announcement. We brought up to Queen's Park m November to lobby for not occur. How successful the new the issue of tuition at Faculty Council. I the regulation of fees as well as quality and framework will be depends on whether argued that something less than 8% would access agreements. All of these proposals be moderate, that the tuition rebates were a were in the eventual announcement in these agreements have teeth. good idea in the short-term. But m the some form for professional schools. The

8% increase is lugher than we would like, but I think the lobbying effort was effective overall. We had never done anything collectively together at the provincial level before this year.

UV: What arc your goals moving forward, what can we expect next year? MP: With the other schools, we arc going to continue to press the government to make the quality and access agreements effective (we have a meeting in Toronto with all the schools in a couple of weeks to sort out strategy). We also need to push the government to improve OSAP so it meets the needs of professional students. l will work with the administration on the details to make the tuition rebates as inclusive as possible, hopefully extendmg even beyond those who qualify for financ1al aid. The SLS is going to continue to push for a full review of the financial aid system so we can minimize the effects of the tuition increase.

"1 will work with the administration on the details to make the tuition rebates as inclusive as possible.

UV: Sounds like you have big plan then for next year. Does that mean we should expect you to run for re-election in next month's election? MP: You have asked the hardest possible question. In all honesty I am still undecjdcd.

March 2006

HELMUT

HELMUT Survey: We're stressed but Happy BY ANDREW PILLIAR

We're stressed but we're happy. We're (usually) sane but we're overwhelmed. We're unguided but we're not alone. With apologies to Alanis (and to you, dear readers, for reminding you of her), these seem to be the paradoxes of law school life. HELMUT recently sent out a survey to gauge the mood of U ofT law students. We sent the survey to approximately twenty percent of the student body. We received 27 responses back; 13 from men, 14· from women. Ten first years, seven second years, six third years and three grad students responded. Yes, I realize it's not as methodologically rigorous as it might be. Yes, I realize it's a fairly low number of returned surveys. But at least this snapshot is somethmg. For far too long, we haven't had any sense of the mood in this place. It's not somcthmg we like talking about, save wry jokes about how stressed we are at exam time, interview time, or any other time. Hopefully, this is a starting point to change that tendency. How would you describe the law school 22%, environment? (Very stressful Somewhat stressful - 59•/o, Not very stressful 19%, Stress-free- 0%)- 40% of first years found the environment "very stressful", much higher than the rates for second years, third years, or grad students. Do you know anyone at this law school who has sufTcrcd from what you would charncterize as extreme levels of stress or anxiety'! (Yes - 70%, No 30%) Do you know anyone at this law school who has sought counseling or professional help for mental health reasons? (Yes 30° o, "lo - 70%) Are you happy at law school? (Yes :85%, No 7%, Ambivalent - 7%) - Th1s may seem strange, given the high number of stressed students. But why look the proverbial gift horse in the mout~? This may reflect that stress coincides w1th particular times of year, but that students responding to the survey evaluate their happiness more globally. Some stud~nts may enjoy stress. and indeed. some kmds of stress have been shown to have potential health benefits. What is gcncr~lly regarded as bad is long-term, chronic stress. 1

Compared to what you were doing before law school, would you describe yourself as: (Happier - 41%, Less happy 15° o, About the same- 44%) Compared to your experiences outside · law school, have you found law school: (More stressful - 70%, About the same22%, Less stressful 7°/o) Compared to your experiences outside law school, how easy or difficult have you found kcepmg a balanced lifestyle? (Very easy- 4°/o, Somewhat easy 15%, No dif19°/o, Somewhat difficult ference 44%. Very d1fficult 19%) Arc you aware of counseling and support services available at the Umversity for students? (Yes - 62%, No - 38%) Almost 50% of first years were not aware of counseling and support services available for Umvcrsity students, compared w1th less than 25% of second and third year students. ,Some students reported anecdotally that they only knew about these services from informal or "one off" exchanges. Do you feel comfortable discussing mental health issues at law school? (Yes 60%, No 40%)- Some students reported anecdotally that they still feel that mental health is still a taboo topic, especially when the issue is brought up not in the abstract, but as something that affects friends and associates. Do you feel alone or unique in your experience with respect to stress, anxiet)l. or mental health'? (Yes- 8°/o, No- 92°/o) So what's the "take away"? l.et me make four points: 1. A large majority of students report being happy. This is good. But it doesn't get us off the hook for the next three points. 2. Every student here probably kn~w someone who has been in significant diStress while at law school This can mean extreme stress, anxiety, depression, or any of a wide array of other mental health issues. 3. While a majority of students know that the University offers counseling and psychiatric services, this is a slim majority. Particularly in first year, far too few of us know where we can turn if we need help. This must change. 4. While a majority of students arc comfortable discussing mental health issues at 1

JD trend sweeps country

Even the Faculty's new James M. cart\e\d SCho\ar \n \.aw &

Mice \s stressed

law school. \t ;.,. st\\\ not a comfortab\e

\'Tofe,.,..,oT Ma')'O Moran a~"ocate~ \n \ J'I

toptc (or many. "To \he extent \ha\ s\\~a \'or a 'lu\\-\\me coun":;e\ot a\ t'ne \...;t.w can prevent students From seeking help School. and on-site resources for student.<; when tllcy need it. we must n:du,·c th,· to tA:a/ with stress. Her title Jw.~ ch.ulJJ''cl. stigma attached to mental health issues in but the need likely hasn't. These arc good the law school and in the legal profess1on. 1deas that should be revisited. We need to make mental health issues While there haven't been many studies more approachable. We need to reduce the on stress, anxiety and mental health mdistigma attached to the types of difficullies cators among law students, what work that we suffer We need to reduce the toll there is shows that people usually enter Jaw school takes on our psychological that law school quite well-adjusted, with norwellbeing. This is a call for improved mal levels of stress and normal incidence for students. It's a call counseling access rates for things like depression. But after for us as students to break down taboos. three years of law school, students report You can help. Come to the Hf:LMUT being significantly more stressed, and meeting on March 28 in FLC at noon. You report significantly higher rates of deprescan contact HELMUT at sion indicators than do non-law students. Eep. Should it be surprising that these dearhl!lmut@gmail.com. responses arc continued, if not exaccrb_atcd when people leave law school and begm to practice law? Is this good? . Five years ago, as Assoc1atc Dean,

~--------------------~

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CONTINUED FROM P.8

Western legal society Executives were and alumm at both schools to gauge not available for comment as of press their reaction. "It's the issue 1 get the most sponta- time. According to Doclman, however, the neous email inquiries from alumni priorities of other schools have~ 't. influabout " said UBC Dean of Law Mary enced UBC, and likely won t m the Anne' Bobinski. "The problem is, most future. "There's not really much conpeople don't think of calling o_r writing cern with what's going on m Ontario,'' to say they're happy with the1r degree he said. "Most people didn't even know designation, so it's a biased s~mple. l u ofT had the J.D. I'm not sure what don't think we have enough mfomlathe reason would be to hold each oth. uon yet." ers • hands _ there's really no reason for Now that three schools have voted 10 us to speed ahead with v:este~s' favour of the switch, Western may ha~e timetable or slow it down. We re gomg the support it needs to start its own diSto take the discussion at our own pace." cussions on the switch. Queen's and

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LEGAL ISSUES

ultra vires

LEGAL ISSUES

2t March 2oo6

Rothstein: so hot right now

Rape victim "Jane Doe" on legal -reform

Newest Supreme Court justice sails through confirmation

BY ANDREA CHOW

BY SARAH MCEACHERN

the Charter was in place. Now, however, Parliament drafts legislation with the Mar~hall Rothstein is the latest appointee Charter in mind, which could explain this to the Supreme Court of Canada. filling secmmgly different attitude. the pos1t1on left vacant by Justice Major. fhc Supreme Court is the final court of After surviving a landmark public hear- rev1ew for all matters, not just constituing, this Winnipeger brings his much- tional issues. and as such it is essential to needed Fedeml Court experience to the have a range of judges that spec1alize in Bench, with expert1se in the areas of different areas composing the Bench. Administrative, Intellectual Property. While Rothstein is only the third judge to Copyright and Tax law be appointed from the Federal Court since According to Lome Sossin it's not sur- it was formed in I 971 (he follows in the prising that Rothstein surfaced as a bright footsteps of Gerald Le Dain and Frank light in the Western provinces. but we Iacobucci) it docs not come as a surpnsc don't have much indication of how he will that a judge from the Federal Court was rule on Charter issues. In terms of politics. appointed. As Sossin remarks, "the generRothstein is a non-partisan unilingual al view is that 1t's helpful to have at least one member who 'has come through the Federal court." Similarly , Lorraine Weinrib argues that "Rothstein will add weight to the court,'' emphasizing the importance of his knowledge of the way the Federal government works and the areas of law that , Anglophone. He was named to the Federal the Fedetal governmen t litigates. The Court Trial Division in 1992 by the Federal government is a frequent party Conservative Mulroney government and before the Supreme Court and after the was later appointed to the Fedeml Court retirement of Iacobucci there was a lack of of Appeal in 1999 by Chretien. Sossin expertise in this area on the Bench. notes that "he's known as cautious, and Rothstein's experience at the Federal that's probably code for conservative." Court will be particularly useful when the Consider. too, that there was a lack of Supreme Court hears upcoming anti-terCharter rights language m his answers to ronsm litigation. "Rothstein is best known for h1s admm1strative Jaw decisions," notes Sossin. The Fedeml Court sees a disproportionate amount of administrative appeals, especially from the Immigration and Refugee • Board. In a tricky area of law that has seen rapid changes recently, "Rothstein is known as a sophisticated voice," says Sossin, adding that "he's known for being blunt and thoughtful and that's a rare Outside of combination." Administrative law circles, Where summaries come from though, Rothstein is a prominent jurist on issues relating to intellecquestions during the hearing and not much tual property. He's known for the Harvard was said about championing the rights of mouse decision (later overturned by the the disadvantaged. There were also com- Supreme Court in a 5-4 decision) which ments which indicated deference to the held that life-forms could be patented legislature and caution about judicial based on the argument that nothing in the activism. As Nader Hassan (III) points Patent Act's definition of invention preout, though, "all the judges on th e vented this. McLachlin court know how to talk that Hassan, who will be clerking fo r talk. They seem attuned to cries of certain Rothstein next September, remarks that groups regarding judicial activism." it's not surprising a judge with a longComparing the McLachlin court with past standing judicial record was appointed courts may be misleading, though, as past because " Harper had placed accountabilicourts also had less cause to be deferential ty handcuffs on himself' during the electo legislation because they were faced tion campaign. As a result, Harper was with some very bad laws drafted before under pressure to pick someone with a

"Don't answer hard questions from.

a judge. Just plow along with your argument. The judge will probably forget the question anyway"

Lorraine Welnrib provides answers during confirmation judicial record, which lessens the appearance of a patronage appointment. While Hassan was "pleasantly surprised" with the appomtment (having feared that Harper would want to make an indelible conservative impact on the SCC), he may face some ngorous questioning from Rothstein who IS reputed to be a very

demanding judge. Since Rothstein will not be able to engage in questioning the litigants at the Supreme Court to the same degree that he was able to at the Federal Court, this could mean lots of questions for his clerks. The new justice appears to have a healthy sense of humour, as his remarks made during a 2004 speech at Oxford's Said Busmess School demonstrate. His tips to lawyers appearing before the court who haven't prepared properly were: "Don't worry about being unfamiliar with the matcnal. The judges like long breaks. They can take a nap while you try to find what you are looking for. Don't answer hard questions from a judge. Just plow along with your argument. The judge will probably forget the question anyway." Rothstein is 65 years old and completed his law degree at the University of Manitoba. He was born to parents of Eastern European heritage and is the third Jewish judge on the Supreme Court (joining Justices Fish and Abella). Before bemg named to the Federal Court, he had a successful private practice specializing in transportation law. Considering that the mandatory retirement age on the bench is 75, we have ten years to sec what his mark will be on Canadian jurisprudence.

On March 8th, we celebrate International Women's Day. We recognize the positive steps taken towards gender equality. We list the great strides made and the challenges we have overcome, but any successes are tempered by the fact that the legal system continues to fail women. The 19 women graduates honoured as part of the Trailblazers photo exhibit remind us that as lawyers we have a unique role and responsibility to effect change in the legal system. But what is this role and are we being properly prepared for it? Jane Doe, who sued the police for failing to warn women in downtown Toronto that a serial rapist was targeting women like her during the summer of 1986, knows the flaws of the legal system well. She views lawyers as responsible for challenging the present understandings and construction of the law. "I think the biggest problem with the law and people that practice the law is that they think that the law is the law. That it's complete; that it's finite, that it works ... When (law students) enter that system there's a great deal of idealism, a willingness to engage, to partic1pate. I think that by the time (law students) get to the other end ... you're so burdened with debt, that there· is very little time and opportunity for operating outside the con-

An excerpt from the ruling Of Justice MacFarland on the Jane Doe case, In which she ordered the pollee to pay Jane Doe $220,000 In damages and $2,000 a year for 15 years. "Eve.ry police officer who testified agreed that sexual assault is a serious crime, second only to homicide. Yet, I cannot help but ask rhetorically- ao they really believe that, especially when one reviews their record in this area? ... Although the [Toronto police] say they took the crime of sexual assault seriously in 1985-86 I must conclude., on the evidence before me, that they did not. "In my view the conduct of this investigation and the failure to warn in particular, was moti-vated and informed by the adherence to rape myths as well as sexist stercot)pical reasoning about rape, about women and about women who are raped. The plaintiff therefore has been discriminated against by reason of her gender and as the result the plaintiff's rights to equal protection and equal benefit of the law were compromised. "

straints of the law. I think that there is certainly room for that, but only if we are challenging the systemic nature and problems inherent in the law as it currently exists." When asked whether she believes that law school education helps or inhtbtts the ability for lawyers to challenge the law, her answer is negative. " l don't think it

helps ... and you only need to look at the curriculum to understand how it's not. The majonty of the content is remforcmg what already exists, teaching students to maintain the status quo, as opposed to bringing new thought or experiences or new matertal. Sure it does exist; but it is limited, not mandatory. and on\y as

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and racial hnes. Professor Sossin acknowledges that the school's dedication to guaranteeing the faculty's freedom to choose their own course content may limit exposure to different frameworks. But he stresses that this flex1b1lity is because U ofT attracts and mamtains a diverse faculty, who do not believe the law is fmite and complete, and allows 'their own critical analysis to be infused into the courses they teach. This assumpt10n is problematic and Professor Reaume points out that "gender and race issues have been mcluded in an ad hoc way and are the least integrated into the course curriculum." She emphasizes that "the incentive in the [faculty] system is to research, write articles and papers; not to revamp the curriculum," which requires a great deal of time. Curriculum change limited to input from faculty is not enough for Jane Doe. "Lawyers teaching lawyers is like police teaching police. It should not be exclusive. Community leaders who are experts in the area (sexual assault, sex work, etc.) should be the people designing the curriculum and delivering it." ln response, Professor Sossin refers to a new fellowship· initiated by the Law Foundation of Ontario. The Community

"It is entirely possible for a

Some of Jane Doe's student to go through three years criticisms resonated with Professor Denise Reaume, who agreed that law school is oriented to teaching the sy~tem. but stated that this is not the same as promoting or accepting the status quo. "To teach the legal system and to teach how to challenge the system Leadership and Justice Fellowship funds would requ1rc much more time." However, Professor Reaume and teaching positions at Ontario universities Professor Lome Sossin cited attempts by and law schools for community leaders. It the faculty to infuse new thought and dif- hopes to engage experts working in the ferent critical frameworks into the curricu- field to teach umvers1ty courses and share lum through Bridge Week, offering a their knowledge and expenences. We, as students. also bear a responsibilselection of classes (i.e. Feminist Theory, ity for creating an env1ronment conducive Aboriginal Studies) and combined degree to critical thought and challenging our proprograms. Professor Lorraine Weinrib argues that "our openness to interdiscipli- fessors to foster discussion beyond mainnary approaches, critical perspectives as stream themes. Trailblazers before us have weB as methodological complexity. all created a system in which it is easier to provide the inte11ectual tools to challe.nge "ignite a new path. If anything, th.e existing legal frameworks, substantives Trailblazers before us have shown that 1f law school is failing to provtde the support rules and process." Yet, this does not address the fact that it and opportunities for us to play the kind of is entirely possible for a student to go role we want to in the legal field, then it's through three years of law school and up to us to challenge the institution and never be exposed to critical frameworks legal culture to change. To learn more about Jane Doe :S story, like feminist theory or cntical race theory. rou can check out her book. The Storv of Moreover, students have found that when Jane Doe: A Book about Rape. courses are running behind schedule, lecturers are most likely to drop cases and readings that provoke thought on gender

of law school and never be exposed to critical frameworks like feminist theory or critical

race theory.

LEGAL ISSUES

ultra vires

The inside scoop on Milosevic's trial BY ROSAUND SIPOS

As the international community decides where Milosevic will be buried and how he died, I remain in disbelief that he 1s gone and his trial is over, though of course it remains to be seen whether it closes this chapter of history. For three months this summer while I was an intern for the judges on his case, my life revolved around his antics and picking apart each of his actions and statements to try to tease out of the f!Jg of W!lf some sort of sense of his role in the war and his games at trial. On my first day at the ICTY, an intern on another case asked me if I thought Milosevic was guilty. I automatically responded that he was, only to be rebuked for not presuming him innocent until proven guilty. Now, if someone asked me, I would have a much more difficult answer. Legally, of course, now that no judgement will be issued, there will be no answer. The best we can do lS look to the Rule 54 bis decision issued last spring on a motion to dismiss at the end of the prosecution case which found that a prima facie case had made out against him. But it is not that simple, and as the details the case highlight the difficulty of proving guilt, I find it is also more difficult to sort out my thoughts on his death and its implications. Seeing him everyday in court made him more rea\ than s\mp\y the unw\\\ing poster-ooy for \ntemat\ona\ JUStice. Dare \ say human? Don't get me wrong, 1 would have liked to see him behind bars and

The end of a tragic tale

hadn't called Seselj as witness he wouldn't have ringing m h1s ears. Later, when Judge Robinson was trying to refocus the trial and Milosevic was ignoring him, Judge Robinson asked whether he was deaf. Miloscvic responded that he probably was. At the time it was funny, but now there is a tinge of guilt. Then of course there is the frustration of all that work gone to 'dust. Had I known that my work would shortly be filed away forever, perhaps I would have cut short some of those 60 hour weeks m my basement office to hit the' beach a few blocks away. But of course the our work is not irrelevant. Much of what the trial sought to accomplish had already been completed. The first sitting head of state was put on trial for war crimes, and with 90% of the defence case fmished, much of the story

believe that he inflicted unimaginable horrors on the populations of the fonner Yugoslavia. But there is no more black and white. I will admit that my first reaction on reading of his death was one of guilt. Now it is far from clear that had the court done anything differently regarding his health he would still be alive, but I hesitate as I think back to how sceptical so many were of his complaints. While I was at the Tribunal Milosevic called as a defence witness Vojislav Seselj who voiced his disdain of the Tribunal in part by literally has come out in the evidence. yelling all four weeks of his testimony to The judgment does matter. If it didn't, the point at which anyone in court with we would have a truth and reconciliation him \eft everyday with a pounding commission rather than a crimmal court. headache. lt was about that time that But 1t is not fatal to the exercise or to the Milosevic started complaining about ring- Tribunal as a whole. It would have been a ing in his ears and someone joked that if he more satisfying end to have this fonnerly

all-powerful man fade away to irrelevancy in a prison. It is frustrating that even in h1s final act, he cheated the international community of their v1ctory and sewed new controversy m Serbia with the issue of his burial. But h1story has a tendency not to wrap 1tselfup neatly. The day Milosev1c d1ed, a friend asked me whether this was the end of the ICTY. The answer, of course, is no. 1t docs not detract fonn the accomplishments already achieved, and there is much more still to come. Mladic and Karadzic, who arc almost as central figures as Milosevic, still remain to be brought in and tried and the lower profile tnals are also important not only for the region but also for the development of international law. Even if court observers were only interested for the theatrics that Milosevic put on in court, there is still much more of that to come. After all, Seselj still has his own trial to come, and if his testimony in the Milosevic case is anything to go by, he will put on quite a show. He is after all a man who would not stand up in court when the judges entered because the robes they wear reminded him of the unifonns worn by the fonner Catholic inquisition while bowing to the judges reminded him of a satanic ritual.

"It is frustrating that even in his final act, he cheated the international community of their victory"

Masters: Didn't we learn about them in Legal Process? · BY CASE MANAGEMENT MASTER POLIKA, Q.C., F.C.I.ARB. Late last winter Nexus listed all alumnae across Canada who had been appointed to the Bench but omitted Masters. The omission was brought to the attention of the editor by the President of the Ontario Masters' Association and rectified. I was one whose name had been omitted. The omission caused me to stop and think. With non-legal friends, relatives and other members of the public when asked what my occupation is, I have a pat answer: I am a provincially appointed judicial official who exercises a sub-set of a federally appointed superior court judge's jurisdicJ tion in civil matters in Ontario. What I did not expect was that my law school would not know what a master is or that we too sit behind the Bench. The office of Master goes back to the Court of Chancery in England. In Upper Canada the office of Master in Ordinary was established by the Chancery Act of 1837 as part of the establishment of a Court of Chancery for Upper Canada. The duties of the Master were those usual to the like office in England. At the same time Masters Extraordinary were introduced whose duties were to take affidavits and depositions in proceedings pending in

the court where specifically authorized by the Vice Chancellor. Masters were fundamental to the administration of civil justice in the province of Ontario such that they remained untouched by reorganization of the court in 1881 and 1909. In 1923 the two offices of Master in Ordinary and the MasteF in Chambers were merged. As a consequence of the report of the Ontario Law Refonn Commission in 1975 on "The Administration of Ontario Courts" changes were made to the office of Master respecting appointments and tenns of office such that statutorily Masters were then treated the same as the present Ontario Court of Justice. However, in the 1980's Attorney General Jan Scott made a decision to forego appointing any more Masters and subsequently the legislation was changed, removing the power to appoint. The winds of change came again in the 1990's with the introduction of case management into the civil courts in Ontario. A new office was created of Case Management Master, three of which were initially appointed, and I was the original case management master appointed for Toronto. The jurisdiction of a Case Management Master incorporated all that of a "Traditional Master'' plus case man-

agement and other jurisdiction. The requirements for appointment as a Case Management Master are identical to those of a federally appointed judge, a minimum of 10 years at the bar, but in addition a Case Management Master is expected to be computer literate and to have credentials as a mediator. The jurisdiction exercised by a Master in Ontario is limited to civil proceedings and consists of much of what a federally appointed judge does, save that masters cannot make decisions affecting the rights of individuals under a disability, cannot entertain certain motions and cannot make final decisions at trial or on applications. In addition masters conduct references. In Toronto, for example, most actions under the Construction Lien Act are referred by the parties to a Master for trial. My sitting time now consists almost entirely of hearing motions in and conducting construction lien trials. The latter can involve, given the size of the construction projects in Toronto, million of dollars. It is noteworthy that the argument respecting section 96 jurisdiction raised when provinces establish provincial tribunals is inapplicable to the office of master. Those cases involve the "taking away" of jurisdiction exercised by a section 96 judge at the time of Confederation and

transferring it to a provincially constituted tribunal. In the case of masters no jurisdiction is taken away. A master only exercises a subset of a superior court judge's jurisdiction which the superior court j udge is still free to exercise. The provinces of British Columbia, Alberta, Manitoba and Newfoundland all have Masters as part of the complement of their respective Superior Courts. The Exchequer Court had masters which when the court was reconstituted as the Federal Court were renamed prothonotaries. I have it on good authority that they are soon to be renamed associate judges of the Federal Court, Trial Division. The Provinces of Quebec and Prince Edward Island also have prothonotaries. A provincially appointed Master is in Canada a provincially appointed ''judge" exercising a subset of the jurisdiction of a superior Court judge in civil proceedings. Their decisions are no less judicial and for many litigants whose actions are finally detennined by them no less final than a detennination by a federally appointed superior court j udge. For further reading on Masters, see J.M. Ferron Q.C. 's article, entitled "The Masters," and the decision of Chief Justice Isaac in Canada v. Aqua-Gem Investments Ltd. (C.A.).

March 2006

LEGAL ISSUES

Saskin candid with UofT on lost NHL season BYSTEPHEN BIRMAN

a salary cap in reJecting a December 9th, 2004 proposal for a 24% rollback on player "When I stood before you in September salaries. (2004), I said NHL teams would not play Commissioner Bettman would accept no agam until our economic problems had been less than a salary cap, which for Goodenow solved, as I stand before you today, it is my was worse than po1son. Saskin, however, sad duty to announce that because that solu- remained open-minded. Deep down he saw tion has not yet been attained, it no longer is the cap as an excuse for successful NHL practical to conduct even an abbreviated owners unable to manage thc1r own busiseason. Accordingly, I have no choice but to nesses by setting budgets, but was unwilling announce the formal cancellation of play for to d1sregard the cap as a possibility. 2004-05." In mid-February 2005 Mr Saskin finally -NHL CommiSSioner Gary Bettman, communicated the PA's willingness to disFebruary 16th, 2005 cuss a salary cap. Many players were shocked by the decision, wondering why the With these words, an NHL season was can- PA had allowed them to sacrifice a year's celled. The Stanley Cup would not be worth of income. As the clock t1ckcd down awarded for the first time since 1919, when on a shortened season the sides attempted to the Spanish Flu epidemic wiped out the bridge a 6.5 million dollar salary cap differfinals. Four men would be forever responsi- ence with the PA proposmg 49 million dolble: Gary Bettman and B•ll Daly from the lars and the NHL countering with a 'final NHL and Bob Goodenow and Ted Saskin offer' at 42.5 million. from the National Hockey League Players Saskin admits that the PA was prepared to Association ("PA"). They managed a feat move as low as 47 million. However, when that neither the Great Depression nor World the NHL refused to move on its 'final offer' War II could. of 42.5 million Gary Bettman made the On March 14th U ofT Law alumnus and worst type of hockey history. A public outcurrent Executive Director of the PA, Ted cry and last ditch attempt at settlement folSaskin addressed members of the Sports and lowed during a negotiation session attended Entertainment Law Society. From the by Wayne Gretzky and Mario Lemieux. beginning of the dispute, Saskin says the PA Bettm.an remained finn at 42.5 million: it was prepared to make significant conces- appears that he was waiting for his old sions like offering rollbacks on player adversary Goodenow to concede and accept salaries. If the negotiating agenda started in his 'final offer'. "At the end of the day the owners' favor, the progression was clear every'oody lost," Wayne Gretz.ky told the when th e, NHL held finn on iu. demand for

A5,.ociatcd PTess.

Mr. Saskin graduated from the Faculty in Last summer, with the NHL's future in the air and a sense that the players' appetite 1983 before moving on to Goodmans LLP. for resistance had been abated by the His relationship with the PA began when his pros(X.'Ct of another lost season, Saskm took direct phone mng. a clear sign he was needcharge and negotiated a new CBA the deal ed by his wife or an insurance salesman. At that Goodenow was either unable or unwtll- the time Saskin "mistakenly thought (the ing to reach. The CBA capped salanes at 39 caller) was selling insurance." That insurmllhon, an amount below the NHL's ance salesman turned out to be PA Exccuti\ e February offer, and included a 'cost-certam- Director Bob Goodenow. Under Goodenow's leadership Saskin ty' provision linking salaries to league revenues which would conceivably lower the saw his workload with the PA increasing to cap if revenues were lower than expected. the point it consumed most of his billable hours. In 1992, an NHL player strike turned The national pastime was back on the icc Saskin 's rapid elevation to Executive Saskm 's role mto a full-time endeavor. Although Saskin's role with the PA D1rector then took a controversial path when Goodenow resigned and Saskin was quickly increased, he remained virtually anonymous promoted by the PA's Executive Comm1ttee. prior to the 2004-2005 labour dispute. The The Union's Constitution rcqmres that a work stoppage grabbed the nation's attencandidate be submitted for approval by the tion, disrupted our Saturday night tradition membership. Saskin claims that most team of watching Hockey Night in Canada and representatives felt a player vote was unnec- made Saskin a household name. For a League and PA which have endured essary in light of the great support for his decades of deception by the corrupt appointment As a result, Saskin was confinned by the Eagleson and seemingly never-ending labor Executive Committee followmg a confer- adversity, Saskin has high-hopes: He anticience call between team representatives. In pates a return to the Vancouver Olymp•cs m hindsight Saskin says that a membership 20 10 and hopes to make the current CBA vote should have followed the conference work by increasing cooperation with the call. With regard to the Union Constitution League and rebuilding internal transparency Saskin admits that "certain parts in practice within the PA. Let's hope that his mission is were not followed;" however, he says this successful because we are a\\ better off had been the nonn rather than the exception when the games are played on the ice rather for the PA. Saskin be\ieves that arguments than at the bargaining tab\e. alleging impropriety on his part and favouring his ousting were made b-y a handful of agent& w\\h \he\r own agenda-;;.

FEATURES

Casually Chic

ultra vires

Reflections: An Ode (of sorts)

BY ADA MOK AND KIRAN GIU

creativity into skirt styles. Instead of the standard back, navy or grey pencil skirt, why not try a sophisSo you've brushed up on your su1t skills and have ticated black or brown tweed. You can also opt for a vowed to never again wear sandals with stockmgs. skirt with a light flare at the hem, or ruffled detaili ng. Is there anything else left for us to share? Well, for Pair the skirt with some cute shoes and a dress shirt, our final column, we've been asked to decode the and you're set to go. If you're planning to invest in mystery behind 'Casual Fridays' and that elusive a new casual coat, buy one with a high fun nel collar, concept otherwise known as business casual attire. you'll be seeing them everywhere by next autumn. For most of us, it's common sense, but for those of Be ahead of the fashion game and find yourself one you who have ever shown up on a casual Friday in a now if you can Casual Fridays are also a great opportunity to play three piece suit, or a work boat cruise in a bikini, here arc some tips to get you in sync with the con- with accessories and colour. Long beaded necklaces arc sophisticated and fun. Add some thick bracelets cept. and you have a casual yet classy summer look to How casual is too casual? wear to the office. Some strategically placed colour What is business casual? Well, that all depends on in your black and white wardrobe can inject life and who you ask and where you work. The important make an old outfit new again. This same principal also applies to the men. Usc thing is to take your cue from your work environCasual Fridays to try a shirt a tone or two brighter ment. Some employers view busmess casual as the than you would otherwise wear, or go for a subtle equivalen t of a suit minus the jacket. Others considpattern to spice things up a bit. In addition, casual er khakis and a shirt as adequate while select others signifies that you can come to work minus usually may even allow sandals and shorts. Wherever it is that you happen to work, be it a corporate firm, the the tic, so breathe easy! Of course, in more formal crown's office, or a legal clin ic, it's always safer to settings this may not always be the case so once err on the side of caution, and run the nsk of bcmg again, take your cue from co-workers. Men can also opt to wear a v-neck sweater over their shirts instead overly formal rather than overly casual. For those of you who would still like a little ofwcanng a jacket. Try this look with a striped shirt as well just choose a sweater that's the same colour as one of the stripes in the shirt. You can hardly ever go wrong with a good pair of khakis and a shirt. Keep the footwear formal though - we can't think -of too many legal work environments where pumas would be m keeping with the dress code.

'Bevond the work-Place

Business upstairs, party --~~ downstairs

An important concept to keep in mind is that business casual doesn't limit itself to the office. The concept extends to work-related events outside of business hours such as work-sponsored picnics and sporting events. Despite the fact that you're no longer in the office, you're still in the presence of bos::.es and co-workers, and your reputation will follow you back to your desk after the event. For this reason it's important to view these types of events as an extension of your work life. In order to maintain your professionalism, ladies. don't usc the company softball game to show off your great legs in tiny shorts, and gentlemen, keep your lucky jersey with the holes, at home. Well, that wraps up our words of fashion advice for thi.s year. HopefuiJy we've been able to provide you with the tools to dress to impress. We're constantly being told that a first impression is made within I 0 seconds of meeting someone. Keeping some of our advice in mind wi ll allow your winning personality to shine through, and you will never have to worry about your wardrobe being a distraction!

change from your Monday-Thursday suit routine, there arc several options that can work regardless of your work environment. Ladies, mix it up a bit, and try a cardigan over a shell, or a v-neck sweater over a collared shirt and leave the suit jacket at home. At this point, our international correspondent can't help but inject a few observations from France. Subtle lace details on shirts, dS well as tuxedo-type stitching up the front, delicate buttons, and high Victorian collars arc the rage. These new styles also provide a welcome respite from the everyday white collared shirt. If you're not sure about trying this look under a suit jacket, give it a go on a casual Friday. For added flare throw on a scarf, if it works for the French it can work for us! Casual days arc also an opportunity to inject a little When drinking

with co-workers, conform

21 March 2oo6

Breakfast: the orientation of your day BY LEE-ANN SIU ANDZIMRA YETNIKOFF

BYYOUSUF AFTAB

overpriced...

Luck my mistress hath faithfully been For moon upon endless doting moon Sultry Fs and obstinate Cs Black sheep amidst excellent histories Still Arnie (in err?) let his pen aflight And kindly beckoned me to the light And in the bosom of fa1r Flavcllc Solicitous Fortune re-cast her spell Destiny's elixir ne'er did it fail Virtuous friends softly hailed The wmtry cold of frightful solitude So deftly from my life pursued (Though Bedford and its hearty ale Did much agony itself curtail) A nd so to spring I flittered on Basking in oblivi'on 'Till Janused April did manifest This common law ... 'twas not a jest To the gauntlet my friends and I For thirty days not batting an eye Presently an august sun Scotia financed for at least one Too quickly September welcomed anew Of Lazarus a torpid slew Anxiously OCis did we await Heebic-jecbies in every single gait No presence of mind to suspect Medusa as our oh-so-special guest (A warning for you jolly newbies out there: Into a Sister's eyes you must never glare) To stone we were swiftly turned Kafkaesque metamorphosis we dared not spurn (In a world of roaches 'tis Pegasus the beast) The rest has some drear and much delight Though little reason to prolong the tight (For summer travel and a luscious exchange Coax thy weary will to arrange) Meander an odyssey doth to an end Away ·o I must dear friend Permit me, though. as I enjoy the hue To share an aphorism or two Fortune dances with every grade Let not a letter your faith invade A mind docs not a person make On a heart alone should a life one stake As fair Apollo too urgently retreats I to our class solemnly bequeath: An ocean of gratitude, an Everest of hope And respect unending l'llr Nabokov mmds and seraphic hearts Godiva memories, of friends. shared thoughts and dreams Weave everlasting magic m life's forlorn scams Luck my mistress hath faithfully been For moon upon endless doting moon

FEATURES

Ahh, orientation week. The start of it all. When everyone was a potential BFF. Before people you talked to ignored you the week later (honestly, who does that?!). Like Orientation, breakfast is a crucial start. A bad experience of either can ruin your day, or your entire law school career. Because of their correlation, we have decided to describe breakfast in terms of the pleasure, horror and bewilderment of orientation week. After familiarizing yourself with this article, it is our hope that you can pick your pancakes by using the well-known Orientation Experience Spectrum (OES). Large caveat: This is a compendium of our experiences, real, imagined and related to us by third persons, over a pen o d of three years . l f you identify with one of our character~. don't tlattcr yourself. Jt is purely coincidental and we accept no liability for emotional

distress. People's Hamburgers: the friend of convenience. This friend lives nearby. You bump into each other at the corner of Bedford and Bloor almost every day. It would be awkward not to say anything (although some people do ignore you during these encounters -very rude) and so you converse. This is similar to the People 's experience. Conveniently located where St George St. meets Dupont, People's IS a neighbourhood place. The food is all right. But if you move out of the Annex, there is no point in making a special trip. Just like after law school, there is no point in maintaining your "hello, fancy meeting you here again" relationship. GOOF: The ''I'm not sure what to make of you" friend. This friend is quirky and fun, but completely unpredictable. They can orient themselves seamlessly within all tribes, cl1ques and herds (but not pairs). This friend is like the GOOF on Queen Street by the Beaches, for its refusal to be pigeonholed. The GOOF (otherwise known as Golden Gate) is a Chinese restaurant servmg popular breakfasts The service is amiable, the decor modem Asian and the customers, a mixed bag. A fun excurs1on, but like the unpredictable friend, you really have to be in the mood. Cora's: The pre-\aw schoo\ friend who just doesn' t get you now. Corn's was an exciting place to go to in Montreal. The servings arc huge, the food

fantastic, the decor cheerful and bright.

Cora's is now in Toronto, but what a disappointment. The restaurant is way far out on Blue Jays Way, which should tell you that the restaurant's target 1s clientele tourists - never a good sign. Although they try hard to replicate a good thing, like the pre-law friend, they don't quite translate. The wait for the food was extremely long, and when it arrived it was cold. Your history may have sentimental value, but ...underappreclated it's not enough to hold you together. have to admire their stubborn spirit and Avenue Diner: The friend that sticks to wish them luck as they determinedly head their guns. towards obscurity and disillusionment, or The Avenue Diner is authenttcally the miniscule odds of m\nd-b\owing sucdineresque. And just \ike the friend who ce~s. broadcasted on the first day of schoo\ their Over Easy·. The '{:Ietson w\\n no su'odestmy of corporate '{)ro bono env\ronmcn- '!>\anc.e. ta\ \aw, the ~~>.venue D\n= '" una'{)o\o\!,ct\c '\\\\l; 'oreakfal;t p\ace ·eem"' \1.) o\\er about what it is. Even though the SO's arc many things with different name.•. but all long gone, and corporate environmental

pro bono work may be a pipe dream, you

"Never again," vow milk vendors after Cloop tragedy

arc .-;light van'o.tions of each other.

Just

like the friend that tries to be all things to all people, but doesn't succeed. Beware the long menu! It thinly disguises a paucity of options. Osgoodc Cafeteria: The exchange :.1udcnt who you shouldn't bother being close friends with because they arc just going back to France in 3 months anyway. Like The Hall itself. the cafeteria has an institutionalized and dated atmosphere. The only redeeming feature would be the friends that I have there-but \\ait! I have no friends there! I am the Estates-taking pseudo-exchange student! Although coffee and a muffin costs 22 cents less than at the Grounds of Appeal, it docsn 't make up for the fact that the closest friend I have there is the cashier. Lc Petit Dcjcuner: The friend you met during orientation who you have stayed friends with and has exceeded all expectation. LPD is like the friend who holds your hand through exams. your hair while you barf, your passport when you go on reading week road trips (because you arc too harebrained to keep it yourself), a set of spare keys to water your plants when you're away, and most importantly, a special place in your heart that will outlive law school. Le Petit Dejcuner is a one-ofa-kind breakfast place: sparkly green plastic booths, scrumptious Belgian waffies and eggs benedict, and a warm atmosphere that is perfect for a tete-a-tete or bemoaning your hideous grad photos over a decadent hot chocolate. You leave feeling full on many levels.

ultra vires

FEATURES

IHRP gives Pinocchio new lease on life

The Moot Court Committee congratulates and thanks all mooters, coaches, supporters and volunteers for another successful year.... BoRA LAsKJN

BERTHA WILSON MooT

MEMORIAL MooT

Second Pkw 1 ratn

GALE CuP MooT

lman Abokor

Aniz Alan.i In September BY EVAN SCHILlER Sarah 2005, Hudson and Erin At the beginning of his development, Runnalls started Pinocchio required an overt rhinal exhibiup a Children's tion to remind him that lying was wrong. Rights Working By the end. he required no more than his Group, with the own humanity: He was a boy on a quest goal of assisting for a conscience. Under its young Maggie and Helen Constitution, South Africa is a nation on a with both their similar quest. However, the safety, health. immediate needs and education of South Africa's children and long-term arc crucial for the realization of its nationneeds. al aspirations. Immediately, the The Pinocchio Creche Is a non-profit Creche needs basic daycarc facility for up to forty children safety and mainteranging from ten-months old to school nance upgrades, age. Located in Cape Town and run by such as a secure Magg1e Shongwe and her daughter Helen, fence, night lightthe Creche caters to children of disadvaning, and daycare taged parents, mostly domestic workers, A typical shift at the Plnocchio creche security. These who live in townships on the outskirts of things arc crucial the city and commute in for work. The not only for comCreche provides a safe haven for the chil- Creche pays nominal rent to occupy an old pliance with their lease, but also for the dren while their parents are at work, as municipal lawn bowling club. The considof the children. health and well-being well as educational preparatiOn prior to eration offered by the Creche was an for this important first To raise funds starting school. In a nation where life undertaking to perform several safety and is hosting a Wine step, the Working Group forces far too many children to grow up maintenance upgrades to the site, and much too quickly, daycare facilities such eventually renovate the building to create a and Cheese at the University of Toronto as the Pinocchio Creche are of supreme . more suitable daycare environment. Early Learning Centre on April gth, at 7:00 PM. Sarah and Erin's impressive list of importance. Unfortunately, financial difficulties have In 1999, Professor Noah Novogrodsky prevented the Creche from complying partners will be represented at this event, including the Early Learning Centre itself, negotiated a \ease between the Creche and with its obligations under the lease. Joseph L. Rotman School of Management, the C\t)' of Cape Town, under which the

and New-York based international law firm Shearman and Sterling LLP. But th1s IS just one step. The next step will involve Sarah and Erin traveling to Cape Town th1s summer on human rights internships in search of long-term funding and community partners for the creche using their business plan prepared by Rotman MBA students. Maggie and Helen have big plans as well: they hope to increase the capacity of the creche, and to implement more education and training programs for both children and their parents. It mustn't be forgotten that Finocchio actively sought his own conscience. It was only through his own will and his ability to realize it that he could become a "real boy." Without the proper environment, however, his search would have been in vain. The Finocchio Creche, and facilities like it, provide this environment for South Africa's children, and thus play an important role in the development of the nation as a whole. When we first heard the story of the creche's namesake - the wooden boy, the carpenter's son - we were too young to do anything but listen and imagine. Years later, another story of another Pinocchio presents U of T law students w1th an opportunity to be part of the telling and help determine the ending.

PHILIP C. JF5SUP

CoRPORATF./S~-:cuRtTn:s

Co~tMO~"WEALTn

LAw MooT Can,Jdian NtJtional Champio11s

LAw MooT Firs/ Plact Tram

First Platt Ttam

Claudia Brabazon Rachel Kent Chad Leddy James Remhan

Chris Burr Chns Graham Andre\\ \\in ton Ryan Zener Student Coaches Brendan Brammall Catherine Powell Evan Thomas

INTflRNATIONAL

Paul \lexander Klm Haviv Chat Ortved Adam Shevell

Susannah Howard Gave Lindo Adam Slup Tanya Gwen Thompson

Student Coaches Yousuf Aftab 1\iader Hasan

Student Coach Amz Alani

Faculty Advisor Prof. Shaffer

Faculty Advisor Prof. Lee

Student Coaches Rahool Agarwal Paul Alexander Nathaniel Lipkus

Student Coaches Tamara Kagan Michael Kotrly

Faculty Advisor Prof. Gaudreault· DesB1ens

Faculty Advisor Pro( Brunee

Ke1rWilmut Andrew Xu

HoN. FRANK

Saad Ahmad - Ian Bell - Andrea Chow - Hilar} Dudding - Daron barth}' lldiko Erdei - Jonathan Ellison ~ Lara Gertner - Fern Karsh David MacFarlane - Sarah McEachern Meghan Riley - Vasuda Sinha Melanie Tharamangalam - Rob Wakulat - Leila Wright Chief Justice of the Callaghan Moot Tina Kun

Leslie Church - Nick Daube

CARR FIRST YEAR MooT

Travis Allan - Laura Baron - lan Caines - I ~mrvs Dav1s Tammy Jacobson Khal1d Janrnohamed - Rina Jeyakumar - Viv1~n Milat Kealy McGraw Mark Myhre- Daniel Naymark David N1 Laila Pa1;zt1- Adam Pounder Emma Ruby-Sachs - Kathryn Salsman - Anj1 Samarasekera Frederic Schumann - Ellen Silver - Evgeny Zborovsky

FASKEN MARTINEAU FIRST

YEAR INTERNATIONAL LAw MOOT

Greg Barker - Patrick Dolan- Andrea Harnn~on- Jill Houlihan Julian House - Kaz Nejatian · Phillipe Perron Sa\ ard - Alexa Sulzenko

Faculty Advisor Prof. Stewart

Kmc l'VIcGrann - Stephen Shore

Student Coaches Rachel Kent - )ames Rc.:ruhan

ARNuP CuP & SoPINKA CuP

S'eco11d Place Team (Arnup) Cri!<tiann Papi\e ·- Go\na7. Emam

Coaches

Coach

Laura Trachuk

julie Hannaford -Jenny Fried/and

Thank you to the following firms for their support of these events:

McCarthy Tetrault FIRST YEAR

GRAND MOOT&

TRIAL ADVOCACY

FIRST YEAR TRIAL ADVOCACY

LERNERS FIRST YEAR TRIAL ADVOCACY

SPECIAL THANKS TO GowLING LAFLEUR HENDERSON LLP FOR rrs GENERous suPPORT oF THE HoN. FRANK

Davies Congratulates U ofT Davies Ward Phillips & Vineberg LLP congratulates the U ofT Team for winning the 2006 Corporate/Securities Law Moot.

The U of T Team members are Christopher Burr, Christopher Graham, Andrew Winton and Ryan Zener.

BORDEN LADNER GERVAIS

E:-:D OF YEAR R.ECI:PTIO:-:

W. CALLAGHAN MFMORIAL MoOT

Thank you to the following firms, organizations, judges, members of the Bar and indivi~uals: . . Aird & Berlis LLP - Blake, Cassels & Gravdon LLP Borden Ladner Gerv:us LLP · Cassels Brock & Blackwell Ll.P - l'asken t\1aruneau Du~louhn U.P Fraser Milner Casgrain LLP Gowling LaAc~r I lendcrson LLP • Lenczner Slaght Royce Smith Griffin l.LP - Lerners. L~.P - Ministry of ~he Attorney General McCarthy Tetrault I.LP \lcJ\.tillan Binch Mendelsohn LLP - C?ntano Co~rt of, Appeal - Omano Secunoes Comn~JS~J<>n - Osler, lloskm & llarcourt LLP Paliare Roland Rosenberg Rothstcm LLP - Sack Goldblatt Mitchell LLP Sokcman blhot LLP Mr. Justice Robert Blair- I {on. Mr. Peter Cory - '\1r. Justice Archi~ Campbell - .\1~. Justice To~d Duc~arme - Madam Justice Kath_ryn Feldman .Mr. Justice Patrick LeSage - ,\ladam Justice Jean \1achrland - \fr. Jusucc John Mc.\1ahon - Mr. Chtef Ju~ucc ~oy .\1cMurtry - Mr. Jusuce Robert Sharpe \fadam Justice Janet Simmons - ,\1adam Justice Heather Sm1th John Callaghan - Bnan GoYer- ·M1chal Fairburn - Brian Grcc_!lspan ,- Thomas Harrison - David llumphrey ,\fary Humphrey - Renee Pomerance ,.... Karen Shru - Greg Twcney Thank you to the following members of the faculty and the administration: . . ~ . Merrill Boden - Professor Jutta Bruncc - Professor Sujit Choudhry- .\lichacl Code - l:rofess~r Colleen Flood - ~rofessor.JL-an-hanc;OJs Gaudrcault-DcsB1ens Assistant Dean, Students Bonnk Goldberg -Julie Hannaford - Professor Karen Knop - Professor Bnan La~g~lle - Profe~sor Ian Lee Professor Jeffrey \1aclntosh - Dean Mayo Moran - Protessor ~ent Roach - Profcs~or Carol Rogerson- Profc!'sor Ham1sh Stc\.\-art Professor Martha Shaffer- Associate Dean Lorne Sossm- Laura Trachuk Special thanks to Susan Barker of the Bora Laskin Law Library Thank you to the following students and alumni: ~ . d Ah d _ J h Adat. - \1elanie \dams - Yousuf Aftab - I Iilarv Book - Claudia Brabazon - Brendan Brammall - 1::-mma Broddesson - Chns Burr vaa .. Ch rna h _o ,,n k D r'ube• - T)·lcr Dcllow- Jonathan Ellison - Melanic ·' · hrde1 • · - Ch ns · G ra h am- ..... L' • ( ' dc\X Jt - Ild1ko evm rrccnspoon ad er H asan Je . urc "'IC " . "d . I c . '1 . s· I 'f I y 'I ·k I..es IKim Haviv _ !'ern Karsh - Chrisona Kim - Chad Leddy - Agape I.1m ~av1 ~Madar ane - ratg .~ arun - It ney ·~ c ~~- \-anna .~ YC} Andrew Pilliar - ,\1eghan Riley - Am) Salyzyn - Adam Sh1p - I-:.llen Snow - Dena Varah - 1\lex \'an Krahng~.:n

The annual Davies Corporate/Securities Law Moot brings together top students from Canadian law schools to debate current legal issues in corporate and securities law.

Coaches I •llen Snow S1dnc} :'&Lean

Student Coaches Iman Abokor - Saad Ahmad - Aruz Alani - Ketr \XIJ!mut - Andrew Xu

Student Coaches Penn} Ng - \ndrew Pilliar - Aaron Rousseau

CANADIAN LABOUR ARBITRATION CoMPETITION

Yousuf 1\frab .Mark I lton Amv Sal)zyn

Faculty Advisor Prof. .Macintosh

GOODMAN &

W. CALLAGHAN MEMORIAL MooT

MOOT

MooT CouRT CoMMITTEE

Bonny Mak - Penelope "l\lg

Catherine Powell - Evan Thomas

ultra vires

OPINION AND EDITORIAL

EDITORIAL

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

Editor-in-Chief Keir Wilmut Associate Editor Geoff Moysa News Geoff Moysa Opinion and Editorial Ben Reentovich Legal Issues Sarah McEachern Features Zimra Yetnikoff Diversions Angela Chu Production Editor Laura Bowman Island editor Andrew Pilliar Business Manager Anne Weintrop Gamestress Stephanie Giannandrea

Contributors Yousuf Aftab, Ali Ahmad, Kathryn Bird, Steve Birman, Andrea Chow, Nafisah Chowdhury, Nicholas Daube, Karen Drake, Kiran Gill, Sarah Horan, Afsoon Houshidari, Malcolm Katz, Mike Kotrly, Hadiya Rodenque, Alex MacMillan, Ada Mok, Todd Orvitz, Evan Schiller, Dave Scevaratnarn, Adam Shevell, Rosalind Sipos, Lee-Ann Siu, Sayran Sulevani, Alexa Sulzenko, Luxsumcy Vijayanathan, Lee Wax berg

U\tra Vires is an editoria\\y autonomous newspaper We are open to contnbuti.ons whi.ch reflect di.verse points of vi.cw, and our contents do no\ nece"o;.an\y Tei'\ect \he v\ew'!. of the Facu\ty of Law, the Students'

Law Society (SLS), or the ed1torial board. We welcome contributions from students. faculty, und other interested persons. Ultra Vires reserves the right to edit submissions for length and content. Advertising inquiries should be sent to the attention of the business manager at ultra. vires(a;utoronto.ca.

BRS'D!ead pesHleiiS liN ltVaDole hP ~ )tetll',

uk vs. Communications Centre, Falconer Hall 84 Queen's Park Crescent, Toronto ON MSS 2CS ultra.vires@utoronto.ca (416) 946-7684

'1\lwlc!=th """

bol tlhalno <llho:r """ alro "-boo.~ do."''

Jordan Nahmias. No, we don't know either.

A case for teachers This year at Ultra Vires we've tried to grapple with some weighty issues at the law school: tuition, professors' salaries, security, tuition, law finn recruitment, financial aid, the new building, tuition did we mention tuition? This noisy constellation, however, orbits around a single unified pomt: learning the law. Whether we end up on Bay St. or a legal clinic in Sri Lanka, we all arrived here expecting a truly excellent legal education from passionate and dedicated professors. The rest is mctdental, important only to the extent that it gives people from all walks of life a chance at an education that both truly prepares the mind and uplifts the spirit. So in this, our final issue of the year, we urge you, the students and faculty of U of T Law, to recognize and celebrate some of the people at this school who truly inspire those who go beyond the call of duty to become not just professors, but mentors and role models.

vote Hamish Next week, thtrd year students will cast thetr ballots for the Mewett Award, giving thetr collective nod to a professor who has shown particular excellence and dedicatiOn to teaching. For this honour, Ultra Vires endorses Hamish Stewart. Our Faculty 1s fortunate to boast a numbeT of professors who go the extra mile for tne\r students. Largely, though, \hese worthy candidates have been honored in past year.;. In contrast, Hamish Stewart is a first-rate teacher who contributes to the extra-curricular I ife of the law school, and yet has not received his long-overdue recognition. As students of his Criminal or Evidence classes know, Hamish is a great teacher. He comes to each class thoroughly prepared, clearly sets out the facts of the cases, proceeds through the reasoning in a meticulous manner, and explains how the ratto fits mto the broader legal framework. He IS always available for extra help, he hstens to student's questions, and his exams are fair..In fact, sometimes he is so clear and makes the material seem so straightforward that students don't even notice what a good job he is doing. This is the mark of a gifted instructor. Hamish also contributes to the extracurricular fabric of the school. He has been a dedicated supporter of the mooting program, acting as a judge for countless stammering tryouts. Equally importantly, Hamish interacts with students on a social level. He is one of the very few profs who regularly attends Law Follies; indeed, this year he stayed at the after-party long after most student had left. At the end of each term, Hamish invites his Evidence, Criminal and Rights classes to the Duke of York for some much-needed merriment before exams. From a high-paid Faculty that has an embarrassing record of nonparticipation m the social life of the law school, Hamish stands out. For his excellence in teaching, dedication to his students, and involvement in life outside the classroom, Ultra Vires is voting for Harn1sh Stewart. We enoourage you to do the same.

March 2006

Statler and Waldorf graduate, despite excellence place on the University's administrative page. The last thing I want to see before I log on to see my mediocre grades is this. Maybe we could replace it with a picture of Roste Abella, or Rosie Perez. Any takers? While we're on the topic of Supreme Court Justice Abella, wouldn't 1t be mce if they spent money tmproving the Moot Court Room, mstcad of allocating those funds to a sign? Just a thought. I don't care what Don Cherry says, or how tired you are of the Pita Factory Quizno's is gross. Don' t ever go there if you need to do something in the next 36

Hire code Once again, tuition is going up. The Faculty partly j ustifies these increases by pointing to the large number of new professors they have hired. But like many things in life, quantity is no substitute for quality. The Faculty can add a significant amount of quality to the teaching at this law school by hiring Michael Code. When Michael Code teaches, students stop playing Solitaire. In his evidence class last semester, Code taught for the entire two hours, never starting late, never ending early and never providing students with the standard mid-class break. If he felt he had communicated a topic poorly he would voluntarily come back to it at the beginning of the next class. At the end of the semester Code hosted his entire class at his house for an end of term party. This semester in Criminal Procedure, Code retaught the first class three times for students arriving late to class. Many students have stories about Code approaching them and asking about their career ambitions. Many others have sought his mentorship. How lucky are we to have Code caring? How often are we able to find practttioners with experience on Canada's highest profile cases in our own classrooms? Michael Code wants to come back and teach full-time next year T his should be a no-bramer for the I' acuity, and yet as Apri l approaches and with Code's applications

to other schools outstanding, one of our most popular professors has yet to be hired back. Since Dean Moran has already made several job offers, one has to wonder why Code's fate has been left to the end of the process. The great fiction of Universities is that the1r pnmary function is to educate students. While one might be forgiven for getting this impression from reading the law school's promotional material, the fact is that this law school, like all law schools, hires primarily based on research ability. Teaching skills are a substantially less important consideration: they don't call it a "teaching load" for nothing. Code is unquestionably a gifted scholar in his field, having penned numerous articles and a book on Constitutional rights while maintaining his private practice. But given our Faculty's penchant for hiring young guns fresh out of Supreme Court clerkships and Ivy League LL.M.s, will Code fit the publication-a-month model Universities now pursue so aggressively? If students are expected to foot an cverincreasmg bill for ever-increasing sal~ries, the mterests of students must be given more weight. Instead of hiring an academic who stts on the top floor of Falconer and publishes esoteric papers while occasionally giving a ha lf-hearted lecture, this school should jump at the chance to land a professor who serves the interests of students. Having applied to several schools, you can be sure that somebody will hire Michael Code. Code wants to teach at his alma mater, and the students here want him. Hire Code: we're paying for it.

OPINION AND EDITORIAL

okay to order it. The same principle applies to the following menu items: Filet 0' Fish at MeDonalds Seafood & Crab sub from Subway Harvey's Poutinc (you're technically allowed to order it, but not allowed to complain about the crampiness that will surely follow. What's the Deal with Deal or No Dean This is the best bad show to come along since Prison Break. For the uninitiated, the show goc something like this: comedian Howie Mandel (of Boston Pizza commercial fame) hosts a game show in which

BY SARAH HORAN, ALEX MACMILlAN & LEEWAXBERG

and now comes in a number of fun flavours - includmg Oh Henry. So do your duty as a law student and grab yourself a This being our final beef, let's tic up some milkshakc from the vending machine loose ends. Let's take a look at our list of downstairs. Note: lactose intolerance or things to do before we graduate law dairy allergies will not be accepted as excuses. school: Votmg for Valedictorian makes it a popGet the pool table working .. .check Milk products in the vending ularity contest. Instead, law students should have to compete in a non-academic â&#x20AC;˘ machines .. .check Total equality for women in the law .. . tnathlon consisting of i) arm-wresthng, ii) Have they put up the trailblazers display a Stmpson 's trivia competition, and iii) a break dancing contest. Tell me the winner yet? Check. Throw up on self at (or shortly after) wouldn't deliver a far more entertaining speech than someone who's "accomlaw ball ... you bet. plished something" through "hard work."

And now some final thoughts:

Blazing a trail to places you don't want to go

'The n c" t tunc you think you' re s p eci al

because you're a U ofT law student, consider that this notice was found in the women's bathroom: Bathroom Rules: Do NOT pee on the seat. Make sure that your flush is effective. If you managed to fail in either of the above two items. please rectify the problem. Thank you, Your fellow students As a side note, I would add a fourth rule: No going boom boom in the bathrooms on the main floor ofthe library. Take your business to "the executive" downstairs. Milk is an excellent source of calcium,

What the hell is this thing? No real comment here. I just always thought this drawing was creepy. It has no

hourl>. Pizza Hut, whi\e delicious, should not be eaten the day before an exam. 'lou have not Jived until you 've had a walnut crunch (the donut, not the slang term for taking a poo) at Tim Horton's. The password protection on New Paramount Studios' website is not what you might have hoped for. Go to the site and start typing numbers into the "view your photographs" field. You can then cut one out and Photoshop it. Ever wondered what your friends will look like in 20 years? Side note: when they're taking nine photos, you better be willing to pose with a graduation cap on. That's a chance you're never going to have again. Stop ordering lattes and cappuccinos at the Grounds of Appeal. Just because something is on the menu doesn't mean its

contestants have to pick from 26 cases, one at a time. Each case represents an am o unt of money from I cent to $ 1,000,000 (to be said in the style of Dr. Evil from Austin Powers). It combines aJJ of the sktll of the card game "War" but adds an clement of blind greed. Without explaining the show any further, do yourself a favour and ~atch. The best thing about the show is that each case is being held by a different C-Iist model. The second-best thing IS that Howie knows all their names! If you'd like to find out more about the game, or learn about any of the models (from Altke to Ursula) go to http://www.nbc.com/Dcal_or_No Deal Ok, we're done. Have a good law career everyone. Say hi to Mike who doesn't go here for us.

A LAW DEGREE WON'T GET YOU INTO A COURTROOM. WE WILL. If litigation is your passion and becoming a top counsel is your goal, make sure you work at a firm that has built its reputation on advocacy. Lenczner Slaght is one of the leading Canadian litigation firms, highly rated by both Chambers and Partners and LEXPERT. For more information contact Perry Hancock, Student Co-ordinator: 416.865.3092 or phancock@lsrsg.com

www.lsrsg.com

You wa nt to be on our side.

ultra vires

OPINION AND EDITORIAL

How we undermine ourselves exceptional is precisely because what happened was a big deal. This was a hateful and anonymous attack on a group of students, as This is a problem you shouldn't ignore. Starting on February 24th, in response to well as on the political issues and types of a planned Women and the Law event, sever- change they seck to highlight and engage. at people began posting anonymously on the Whether one agrees with the specific polititaw school discussion website Law Bull~ A cal positions that individual members of the great numbcr of the postings were derogato- organization might espouse docsn 't matter ry, ranging from uninformed and ignorant to in the least. "From those to whom much is given, misogynistic and hateful. Posters shared views on subjects such as the appearance of much is expected." We come to this law a woman who would attend such an event, school with an opportunity of enormous size the discussions that they claimed would and scope. Surrounded by some of the occur, as well as the general motivations of brightest mmds that this country has to offer, a woman who might choose to discuss the we get to spend three years discussing, developing, and perhaps even beginning to issues surrounding maternity leave. implement our ideas and dreams for the The measured and rational response that future. The potential that exists is limited Women and the Law chose to adopt won more respect from me than they can realize. only by our imagination, and includes the Reacting to a large number of misogynistic possibilities of making better anything from and anonymous statements made in a public our small comer of the neighbourhood to the forum that can only be described as attacks, world writ large. But every time we allow a member of our Women and the Law's leaders simply printed out and posted many of the most offen- community to belittle instead of engaging in sive comments on their board at the law rational debate, to anonymously slander a school. They offered their organization's e- group of people instead of raising any mail address to anyone who might wish to alleged concerns face to face, or to hide address any outstanding concerns, and they behind rumours and stereotypes instead of left the postings to speak for themselves. searching out facts, we take a step away Their response was a display of courage and from the enormous potential that we all grace of a kind that we do not see every day. should see in this law school. In its place, we The reason why their response was so create an environment in which many will

be less hkcly to present an idea in class, less likely to cultivate new and different opinions, and less likely to challenge us all in a way that moves us forward. How arc these occurrences not a loss for all of us? It might be obvious that what happened in this specific instance was wrong, but I still hesitated to raise these issues in print. The truth is that this was only Law Buzz and that there is no way to know who or how many arc responsible for the hateful comments posted there. Beyond that, maybe some of the less overtly sexist posters really were trying to engage in some sort of debate, even if the way they expressed themselves would indicate otherwise, and even if the positions they advanced seemed surprismgly uninformed. I recognize that there may be a danger in making this issue into something larger than it actUally is. But the reality is different than that. These ISSues arc much broader than a couple of dozen insulting postings. This school is so full of ambitious, insightful, and genuinely good-hearted people that it's amazing what damage a relatively small number of statements can inflict on the atmosphere of our community. The impact of an event like this is not overt or obvious, but insidious, because the effect is to create and reinforce divis1ons between us. That these attacks were anonymous or perhaps read by only a

small number of students does not make them any less harmful to women or to the prospects for healthy exchanges of ideas in our school than they would be if someone printed them in Ultra Vires. Their influence and impact arc just as real, because we know they come from somewhere and that they probably represent the way some people think. Maybe it's impossible to completely stop event<; like this from occurring, but if we speak out when we have the chance to do so, maybe we do a little bit of good. Maybe we let the victims of such attacks know that we support them, and that this problem is not theirs alone. This wasn't a women's issue, just like it's never a Black issue, a homosexual issue, an Aboriginal 1ssue, or any other kind of issue isolated to one specific group. Quite the opposite, this is our issue and our problem to solve together. So even ifthis is just a handful of misogynistic idiots on Law Buzz, or even if some of the postings came purely out of ignorance and not out of malice, I'm not going to stay silent and let this roll off my back. Neither should you, because opportunities abound for you to engage these issues every single day.

Women's Day a beacon of hope BY KATHRYN BIRD

There is something very wrong with this place; it has a toxicity that destroys some of us, and alters most of us by changing who we arc and who we remember ourselves to have been. l don't know how one could turn this school into the great institution it aspires to be. but two weeks ago, for one day, I was able to sec a good place to start. In the context of a situation where desperately unhappy describes a "glass-half-full" interpretation of my experience at U ofT Law, the Day of Celebration in honour of International Women's Day was a truly memorable expencnce. For one day, I was proud to be from U ofT. Talk to the students around you and listen to what they have to say. For many it is a familiar story that a large portion of our student body. for a variety of reasons. feels excluded, marginalized and isolated by this institution. It goes beyond the behaviours of students, the intentions of professors and attitudes of administrators and somehow is embodied in the ethos of the school. Many of us. both men and women, just don't quite fit. This is not necessarily a consequence of an external or overt rejection of individual students, but is rather an insidious aspect to the atmosphere. It is often unrecognized or ignored, but it nevertheless informs the experiences of many members of the student body. The celebrations of International Women's Day, and the erection of the TrailBlazer's exhibit were different They provided a beginning, a first step, to what is hopefully a long road to changing whatever it is that makes so many of us feel unwet-

come in our own school. The celebration of women, many of whom are minorities, and most of whom arc not corporate leaders or "traditional" practitioners of the law. demonstrates that success at this law school can be found through many avenues, in many forms and by many people. While this is told to us at every possible recruitment and first year activity, the visual actualization of these important notions speaks louder than words ever will. The day also represented a chance to speak to and learn from those who came before us. It was not until 1991 that women represented 50% of the graduates from U of T Law, many years after similar proportions were reached at the medical school. Listening to the stories of graduates from as recently as the 1980's, of being told by other classmates that they· were taking a man's place, was a stark reminder of how far we have come in such a short time. Unfortunately, listening to stories of the activism and advocacy of the U ofT student body of previous generations only served to highlight for me the apathy that exists today. One woman could recall stories of volunteering at the Morgcntaler Clinic, breaking into the law school to publicize sex1st graffiti in the men's bathrooms and shaming Dean Pritchard into hiring female staff. It gave me pause to consider whether or not we have taken up the torch. Jf their contribution was to become trailblazers in the fight for equality and diversity, what is our legacy? The day marked not only the achievements of women in the law, but also the importance of the collective and continuing goal of equality. Past and recent graduates lamented continuing sexism within the legal

profession and the importance of building upon and exceeding the achievements of those who, quite literally, came before us. It is important for students today not to forget or take for granted the struggles of those that came before. Women's Day is celebrated around the world, usually in lieu of Valentines Day. and is often marked by men giving flowers to their female colleagues and family members. celebrations of women's roles in society and advocacy demonstrations. In Canada the day slides past, a merely generic holiday amongst many others in the traditional hallmark calendar.

OPINION AND EDITORIAL

200 6

POINT:

Let's move to Bloor and Devonshire

Anonymous comments reveal more than we 'd like to admit about how we view women BY NICHOLAS DAUBE

March

BY ANDREW PI WAR

I know you don't want the law school to move. But let' face it: right now, the space isn't great. Your favourite prof has a cubicle in the library. BLH is a yawning cavern of a room; the Sarlac Pit of softly spoken words. MCR is worse. While the "collegiate slum" took may be chic, it isn't safe. Re-playing Labyrinth in the basement of Flavclle or Falconer poses real concerns for students. What would you do if you ran into David Bow1e standing by your locker? And the buildings have major accessibility problems. For these and other reasons, we will have change. And we should change to the locatiOn at Bloor and Devonshire. Some people talk about our h1storical links to the present site. Without dismissing those tics, let me remind you that the Faculty has moved several times in its history. Our shared history sterns from institutional values, not simply from bricks and mortar. And our present location hinders th1s mstitution 's commitment to accessibility. Because the buildings arc heritage sites, some of the access barriers may be insurmountable. Docs that reflect our institutional values? Further, there arc the dynamics of a move. Renovating the present site means that for two years, law students will have to find somewhere else to have thc1r classes. Something similar happened when they

built the library. Let's face it: it will be a brutal two years for those students. No way around it. From all reports to Governing Council, the total costs of staying will be about the same as the costs of moving. In fact, staying may be more expensive, since the costs of relocating during renovations will be significant. I really like Flavclle. I fell in love with the place at first sight. If we could have a building that accommodates our space needs and maintains the aesthetics of the place, I'd be all for staying put. But that won't happen. We'll sec Flavellc turned into an appendage to a monstrosity that looks like the law firm you worked at last summer. Renovation on th1s site will ruin the character of Flavelle. I'd rather not sec that happen. And let's focus on the merits of the Bloor/Devonshire site. Surely, it must be able to stand on its own. The building has its own histoneal pedigree: it's a century old, and has housed a number of important government services. And it has a tower. It will be across the road from the new Yars1ty Centre. It has great access to Bloor St. And design on the site would be unencumbered, meaning an increased chance of a responsive, attractive building. It's true that a Bloor!Dcvonshirc building will have more room than the taw school needs. But rather than automatically assum-

ing that sharing space witt be bad consider this. the Faculty already bills itself as an interdisciplinary unit. The building could further interdisciplinary study . An interdisciplinary space could foster more cxc1ting programs. Rather than Imagining random undergrad students wandering around the building and st1cking gum on things. think about who could occupy the space. Maybe criminology Maybe the Jomt Centre for Biocthics. The opportunities arc really end-

COUNTERPOINT:

Let's stay BY KEIR WILMUT New buildings are great. They're shiny. They smell nice. I'm sure a new building would have some des1gn advantages over our current facilities. But given the loss of history, the cost, and the requirement that we share the new building, I think moving would be a mistake for our Faculty. Let's begin by stating the obvious: new buildings don't help students learn. And yet, given all the talk of how a new building would enhance the cdu-

less. Don't let your fears get in the way of the possible. Bottom line: Moving to Bloor/Dcvonshire will allow the Faculty to dream better. Better docsn 't mean bigger. It means more accc..,sible, better student . pace, better classrooms. It will involve less disruption and may actually be cheaper than renovating. Certainly this will depend on the design, but we shouldn't let fear of change blind us to the real advantages of a move. cation process, you'd almost think they did. In five years, whether first year students arc sitting in FLC or sitting in the Davies Auditonum in the McCarthy's Law Building, understanding nuisance will still be a matter of puzzling through Appleby with the help of a professor. Frankly, our current facilities arc not as bad as some say. Sure, BLH is big and cavernous, but have you ever been in a room that seats 183 that isn't? It would be nice to have classrooms with, urn, windows, but given the amount of solitaire playing going on these days, I'm not sure more distractions are realty what students need. CONTINUED P.24

However, this year, due to the ingenuity and good timing of several at the faculty, International Women's Day marked something more than just a celebration of the female gender, and became a celebration of the women graduates, students and faculty of the school. For one day an environment was cn.:atcd where differences were celebrated, alternative voices were admired and individual and group frailties could be acknowledged. It gave those of us that feel like we don't quite fit, a hope that maybe we do belong, maybe our contributions arc valuable, and maybe U ofT Law will eventually live up to our expectations.

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ultra vires

OPINION & EDITORIAL

Danish cartoons no laughing matter Hate speech should not be protected by freedom of expression Recent events of anti-Islamic violence at Hart House have refueled the on-campus debate over the Danish cartoons. The controversy is just one example of how. after 911 I. society has struggled to define the boundaries of individual liberties where their exercise holds potentially harmful consequences for other groups. Context should be critical in deciding where this line should be drawn. As political satire, a Danish newspaper published various images depicting the Prophet Muhammad as a terrorist. The Prophet is a revered figure in Islam, whose example Muslims strive to emulate. To suggest that he was a terrorist is akin to suggesting that Islam promotes terrorism. Needless to say, the depiction was extreme!) offensive to Muslims around the world. Regardless of the cartoons' offensiveness, the VIolent protest of some Muslims was unjustified. But the harm caused by the cartoons should not be dismissed by comparing it to the violence in relative terms. There is no right of set-off for the cartoonist - if provocation does not absolve the violence, fuen the v\o\ence does not absolve fue ~tovQCa.teur.

\n fue coun of pub\ic opmion, \he overre-

action sparked heated rhetoric in defense of free speech, with little consideration for the

harm caused by the cartoons' publication. Almost ignored was the question of why the images should be characterized as hate speech. Offensiveness alone does not amount to hate and violent responses to offended sensibilities cannot justify the suppression of speech. However, under international human rights law, fear of harm against an identifiable group trumps freedom of expression where the impugned speech.promotes the incitement of imminent acts of discrimination, hostility and violence against that group.

~?e~!~~

In Canada, child pornography laws recognize drawings or other visual representations as potentially harmful; hate speech laws could certainly contemplate a similar result. The Dan1sh cartoons were not harmless satire - indeed the cartoonist's comments in defense of his work suggest it was willful promulgation of the idea that Islam promotes terrorism. In the post-September II th world, stereotypes cementing the nexus between Islam and terrorism arc extremely harmful to Muslims. Enhanced police powers are used to hold suspected terrorists- all of whom arc Muslim men - in indefinite detention on secret evidence. Muslims are arbitrarily pulled off airplanes, routinely denied travel visas and have even been subjected to extraordinary rendition to countries that use torture. Speech advocating that all Muslims are terrorists only solidifies the public's acquiescence to such injustices. Around the world, anti-Muslim sentiment is on the rise. In Australia, hatred towards Arabs and Muslims culminated in race riots. In the United States, a recent poll conducted by the Washington Post found that one in four Americans harbor prejudices towards Muslims and that 46 percent hold a neg,a\\ve view of \s\am. Diseonccrti.ng\y, \h1s number is a fu\\ seven points higher \han in the immediate aftermath of September II th, when violence against American Muslims was at its height. Here on campus, The Varsity reported that a photocopied article containing the offcns1vc cartoons was found posted around the S1d Smith building. The univcrsit} admimstration has refused to respond to the posters, citing the campus policy on free cxpre:.sion. The Varsity also reported that eggs were thrown at hijab-clad students distributing flyers for International Women's Day. More disturbing were reports that a female Muslim student was assaulted in the washroom by supporters of a pro-cartoon rally.

The administration claims that donations to the building project will not cannibalize donations to other areas. but this is not realistic. There isn't an infinite number of potential donors. Once $80 million has been raised for a new building, donor fatigue becomes a real issue. A new building may also lead to' larger classes. If we build on Devonshire, we will be required by the University to build the largest building the site can accommodate. This will leave us with a building much larger than we can fully usc. In the short run, this will require us to share the building, with detrimental impact on our school's sense of community. Imagine the annoyance of music students in the Rowell Room multiplied many

OPINION & EDITORIAL

objectives sought by protecting rights. The Danish cartoons serve as both political expression and play a role in the 'marketplace of ideas'. I happen to find their message horribly wrong and insulting. but that does not take away from their legitimacy as expression in the public domain. Yes, the cartoonists were wilfully provoking in their satire - two of the cartoons depict themselves as childish provocateurs - but this too has a place at the table of open dialogue; a place that is hopefully discredited â&#x20AC;˘ quickly and exposed for i~ falsehoods. Do these cartoons incite hatred such that we should limit the expression contained therein? The Criminal Code prohibits the wilful promotion of hatred against "any section of the public distinguished by colour, race. religion or ethn1c origin". It is clear that the depiction of Mohammed is offensive to Muslims and that the depiction of Mohammed as a terrorist is a disgusting provocation and insult. But do they incite hate? The court in Keegstra held that the hate speech provision applies only to the most extreme type of hatred coupled with a subjective mens rea. Both of these conditions arc absent in the case of the Danish BY ADAM SHEVEll cartoons. This is not to trivialise the harm done by The Danish cartoon controversy sparked a the cartoons. It upsets me to see people bolheated debate in Canada and elsewhere on the nature of free speech. Ardent supporters stering false stereotypes of Islam, just as it of freedom of expression squared off against offends me to see black youths portrayed as those who believed in the responsibility of a gun-toting criminals or Jews as being free media not to offend wantonly. In the involved in worldwide conspiracies. But in West, the latter group based its demand for a free and democratic society these forms of a responsible press on the harm done to the expression must not be forbidden. Rather, it is incumbent upon those of us West's reputation in the Islamic world. We see through these falsehoods to speak who should not offend so egregiously, the line of up. \tis our responsibility to express our disr..,.....mmg goes, because we arc fuelling agreement with the stereotypical portrayals more discontent towards us. that have the effect of polarizing the debate It is sad that these people missed the crucial point successfully raised by Ms. on multiculturalism, equality and human Chowdhury and Mr. Ahmad; that the harm rights in Canada. It is through dispassionate caused by promulgating stereotypes doesn't and reasonable dialogue that these falsecome from without but rather from within. It hoods must be exposed, not through their is the harm caused to our Muslim commu- proscription. Of all the rights guaranteed by the nity here in Canada that has been hardly Charter, freedom of expression is perhaps raised but that is a matter of pressing concern, especially given the senseless aggres- the most sensitive to a heated political envision against Muslim targets here on campus. ronment We need look no further than But does generalized harm, in the form of across the border to witness how the US promulgating wrongful stereotypes, consti- Government is using the context of war to tute a form of speech that we should forbid stifle free expression and political dissent. Context should not be used as an excuse to in Canada? I would argue not. The rationale for constitutionally protect- carve out niches of unacceptable expression ing free expression flows from its political that would otherwise be protected. The offensive cartoons should have given role as an instrument of democratic governus pause to reflect on our attitudes and stimment, its role as an instrument of truth in the ulated sensible and levelheaded dialogue. 'marketplace for ideas', and its role as an Instead it was pounced upon by reactionary instrument of self-fulfillment. Virtually groups. I would argue, however, that had every act with a communicative purpose, these cartoons not come into the public short of acts of violence, has been considdomain these same groups wouJd have ered to lie within the scope of expression stayed their course and waited for the next deserving protection under s.2(b) of the opportunity to mobilise their contingencies. Charter. This in no way legitimizes the cartoons, but Yet freedom of expression is not rather exposes the fact that there are eleabsolute; we do limit expression that is ments in our societies that serve their own defamatory, obscene or that promotes ends by fanning the flames of ignorance. hatred. It is the last of these exceptions that Let us not be held hostage by fringe elethe authors raise in their article. The current climate of fear faced by Canadian Muslims, ments that promote ignorance. Ridding our they argue, must inform the dialogue on society of anti-Muslim sentiment will not whether to limit expression such as these come from restricting speech, no matter cartoons. Given the heated political climate, how tasteless it may be, but rather from proit is argued that more weight should be moting dialogue. It is only in this way that given to the harm caused by this type of the court of public opinion can establish its ratio prodens. expression. While I agree that context is critical to a reasonable debate on the limits of freedoms, we must nevertheless be careful not to let context cloud our judgment or obstruct the

Rude, yes, but cartoons not hatred

Free speech must be protected

Rose of the Prophet, anyone? In hate speech cases against anti-Semites, the context of World War II atrocities is 1mplicit. In the current climate of lslamophobia, governments and media arc willing to ignore or defend constitutional and human rights violations. If a court considered the present political context for

justify banning kirpans on airplanes, however, the calculus has to be adjusted for schools where the prohibition's impact is felt daily and the potential harm is substantially less. Ajudieious consideration of context is critical to offset the heightened fear that often clouds the freedom-harm debate. Without

Mushms, the deleterious effect of the Danish cartoons would be more clearly visible

context, it is difficult to see what is wrong with some "silly drawings" or why kids

Indeed, the Court has shown that context is critical to balancing rights. In Multani v. Commission Sco/aire MargueriteBourgeors. the Sikh kirpan case, the Supreme Court gave substance to religious nghts by learning about the spiritual significance of the S)'!Tlbolic dagger and its use in a Sikh's daily life. While there arc valid sccunty concerns for schools, protecting the freedom involves balancing accommodation with the risk of harm. Freedoms arc central to democracy, but they arc not absolute. The high risk of harm and the short duration of travel may

should be allowed to bring "daggers" to school. Since religious, political and cultural histories do not make for the best sound bites, opinions should be reserved for well-researched positions. Canada's commitment to multiculturalism is special among western democracies. Canadian courts have shown a willingness to p1crcc through the veil of fear and ignorance when it comes to weighing the balance between freedom and harm. Can the court of public opinion do the same?

would harm the community feel of the Faculty

The law school has called this location home for more than five decades. When you open the doors of Flavelle, you're walking in the same path as Supreme Court Justices John Major, Ian Binnie, Rosalie Silberman Abella, former Prime Mmister Paul Martin, former Ontario premiers Bob Rae and David Peterson, and Mayor of Toronto David Miller. There is value in that shared history. It is worth preserving. Make no mistake: moving will put upward pressure on both tuition and class sizes. Even if tuition is not used to pay for the new building. every dollar raised by the school for the new building reduces the pool of funds that could be donated to other area of need. such as financial aid.

March 2006

COUNTERPOINT:

POINT:

BY All AHMAD AND NARSAH CHOWDHURY

times over. Osgoodc Hall recently built a new moot court room. As part of the funding conditions, the room :nust also be used for undergraduate classes. Their student newspaper reports, "On many an occasion have they crossed the line of propriety: the choir practice in the hallways, the domestic situations in the phone booth, the gambling in the dark, the underage drinking in the [common room], and the making out everywhere." Why would we move to a building that would require us to go down this path? In the long run. having an oversized ?uilding will create the temptation to mcrcasc the number of students we admit, â&#x20AC;˘ further harming the community atmos-

pherc. Faced with a funding crunch. a future Dean may well give students the option of increasing the class size to 300 people, or increasing tuition to $30,000. If they chose the former, would we really be surprised? If we build it, they will come. Bottom line: a new building would be nice, but not at the cost of the loss of our shared history, reduced fundraising ability for other projects, and the end of the small community feeling of our law school.

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ultra vires

OPINION & EDITORIAL

·Do 32% of law students suppport cultural·genocide?

bilateral - one that encouraged true dialogue and mitigated the huge and overwhelming inequality in bargaining power that currently exists? Do l/3 of U ofT law students support culSo let's look at the actual options availtural genocide? I didn't think so, which is • able. Here is a proposed draft ofnext year's why J was so shocked to read the results of . . , UV survey question: the student poll in the last issue of Ultra Aboriginal people in Canada should: Vires. Thirty-two percent of those who Have satisfaction of land-claims and responded agreed with the statement that UV Poll results: self-government Aboriginal people in Canada should be inteAboriginal people in Canada should: Be the only rights-bearers in Canada grated into Canadian society. But think whose Constitutional rights can be violated about this. The phrase "integrated into 56% Have satisfaction of land-claims and self-government because the Court decides to favour the Canadian society" is just a euphemism for 32% Be integrated into Canadian society interests (the interests, mind you, not "assimilated." And ultimately, assimilation rights) of third parties, even though is nothing but cultural genocide. 5% Continue to rely on federally funded and controlled Aboriginal people were living on their land The residential schools issue illustrates education and infrastructure programs on existing reserves when settlers first arrived, and have never this point: the reason that the residential been conquered school system in Canada was so deplorable, 7% Did not answer aside from the physical and sexual abuse, Continue to rely on federally funded and was because it stole the culture and language controlled education and infrastructure profrom generations of Aboriginal people. The grams on existing reserves, regardless of base settlement is for simply having been The other alternative is unilateral Crown plummets to 48th when the economic and the fact that these efforts have failed to bring forced to attend a residential school. Those action. But as we all know from I st year social well-being and quality of life for equality to Aboriginal people in regard to who experienced sexual and physical abuse Constitutional class, this (supposedly) has- Aboriginal people alone are calculated. health standards, education levels, housing at the schools can bring action for addition- n't been an option since I 982. Section 35 of What if it's not even up to us to dictate standards, and employment rates al damages. the Constitution recognizes and affirms which "answer" is right for each and every Be afforded the ability to explore alternaBelow these results, UV editors noted existing Aboriginal rights. But this isn' t the First Nation, Metis Nation, and Inuit people tive dispute resolution processes that allow that "this question bothered several people end of the story. The Supreme Court, in in Canada? What if there are as many differ- Aboriginal people to negotiate on fair terms for reducing such a complex question into a cases like Sparrow and Van der Peet, but ent solutions as there are Aboriginal peoples with Crown actors who actually uphold the multiple choice answer that limited the especially in Gladstone and Delgamuukw, in Canada? Instead of advocating a pre- duty of 'the honour of the Crown.' issue. lnstead, these students think we has found a way to justify Crown violations determined solution, what if we encouraged snou\d be te\hinking our entire apptoacb to of Aboriginal rigbts, or as \he Court puts it, a negotiation process between Aboriginal

BY KAREN DRAKE, ON BEHALF OF THE NATM LAW snJDENTS' ASSOCIAnON

\A.."\'oong\na\ n\!)\\s \n Canada." \a-gee. The

question itself is problematic, given the specific alternative answers that it proposes. This is understandable, but it reflects the fact that identifying the possible solutions to Aboriginal legal issues can be incredibly complicated. But it's not impossible. So let's try to rephrase this question and its alternative answers for next year's UV poll. In other words, what are the realistic options available to Aboriginal people in Canadian society? Is assimilation, and the concomitant cultural genocide, really an option? Is this really what 32% of those who answered were endorsing? I actually doubt it. I imagine the reasoning was something like this: "Canada is an amazing society, and many First Nations reserves are in the same condition as third world countries, and so maybe Aboriginal people will have a better quality oflife if they move off-reserve and integrate into mainstream society." If this is what the poll participants had in mind, then I certainly wouldn't accuse them of something as malicious as advocating cultural genocide. And I can even sympathize with this line of reasoning a little bit. If only the situation were this easy. If 'integration into Canadian society' were to occur, how would it come about? Is the idea that Aboriginal people would acquiesce in this endeavour, or would the Crown act unilaterally? At the risk of being guilty of pan-aboriginalism, the notion that Aboriginal people would acquiesce in assimilation is very far-fetched. The reason is that there is no political will for this whatsoever. First Nations generally understand themselves as constituting sovereign nations, and as deserving to be treated as such. They place a high value on their collective rights, and strive to protect these rights in order to honour their responsibility to their future generations. Combine this

with the fact that Aboriginal people have responsibilities regarding their land that were given to them by the Creator, and the notion of assimilation becomes completely untenable.

'\nfnngements'. \ n

other words, even

any other sector of Canadian society." In fact, the report noted that while Canada ranks eighth among I74 countries included in the U.N. Development Program's Human Development Report. 2003, its ranking

March 2006

OPINION AND EDITORIAL

For the love of Barry Bonds BY TODD ORVITZ When I was seven, my brother and I were successful in catching a giant butterfly in a jar. We brought it home, ogled over it, and stared at it from every possible angle ... we were captivated. The next morning we awoke to the jar's lid having been removed, and nothing but wisps of butterfly scented air left inside. Mom told us that it was not fair to keep butterflies locked up;: " ... some things are too great to be kept in, stared at, and scrutinized ... " she said. I guess it took me a long time to understand what she meant, but today, I was reminded of this lesson when I heard that Barry Bonds was gomg to retire at the end of this season. Bonds has spent the lion's share of his career having others (the media, fans, his team-mates, and coaches) try to shove him into an array of different jars- jars of expectation, of role modelling of what a "real" athlete should be like 'Great' is a word we use so much that often it is little more than a benign misnomer. But in the case of Barry, 'great' is just the beginning. Barry Bonds is more than great. He is Herculean in skill and unmatched in ability. His presence at the plate is like Sinatra's behind the mic you just can't wait to see what he's about to do. He is transcendent. However, Bonds has been so good for

so long that we have come to take him for granted. The best example of this will be all the baseball fans traditionalist and neophyte alike who mark Barry's departure from this great game as a welcome occasion. "Farewell Barry" they will shout, all the while mumbling words like 'arrogant', 'selfish', and ' BALCO' under their breath. These naysayers are the same ones that are responsible for the transformation of baseball and professional sports as a whole into the moralist, hypocritical soap opera it is increasingly becoming. What ever happened to baseball? Willie Mays played baseball. Ty Cobb Yes, but would steroids get you a better played baseball. Roger mark in Contracts? Clemens still plays baseball. And Barry Bonds .... sad will be the gant, unmatched, and as good as it gets. day when he, the greatest hitter some of us Unfortunately, Barry has also spent much will ever know, stops doing what he does of his life trapped. He has been trapped by the marked expectations that perpetuated better than any .. . playing baseball. Bonds is like the butterfly from my the fa~ade behind which Sammy Sosa youth magnificent, awe-inspiring, ele- pumped his chest and flashed his fmgers.

He has been hated while so many other, less talented, less remarkable, men have been loved. We have traded our baseball fandom for moral judgements, our passion for the game for a zealous will to lynch . For so many. it is no longer about just baseball - and for Barry, baseball is all he's ever been about. If we want nuggets of moral v.isdom we can tum to the philosophers and the clergy. If we want good role models, let's look to our parents and friends. If we want media images that tum baseball players into pseudo-superheroes, let us drag Sammy Sosa and his corked bat acros~ the television set. But if we want greatness, if we want excellence, if we want the best we will ever have the privilege of watching, if we want an example of the purity of the game and a human incarnation of the will to hit. .. if we want baseball. .. well, Barry, you're up. And so like my mother before me. I plead with you to set Barry free. Set him free from your soap-opera caricatures and your constant ridicule of his character. Set him free. And sit back and watch the grandest display of magic any Astroturf can contain. And when it is time, let us not just say 'goodbye', but let us also say ' thanks' . Thank you Barry Bonds. Thank you on behalf of baseball.

people and the Crown that was truly fair and

though s. 35 is not in the Charter, and thus is

n~su~~~Llj~~cati~~~~h~ r---------~-------------------~

decided to simply act as ifs. 35 were subject to s. I anyway. For example, the Court will allow an established, recognized Aboriginal fishing right to be violated in order to protect the interests of non-Aboriginal commercial fisheries (Gladstone). Similarly, the Court will allow established, recognized Aboriginal title to be violated in order to allow for commercial mining, forestry or agriculture (Delgamuukw). The irony is that commercial fisheries, agricultural, mining, and forestry companies aren't mentioned in the Constitution, but Aboriginal people are. In other words, third party interests received greater protection from the Court than Constitutionally-recognized rights. The rationale for this approach is difficult to understand, given that the Supreme Court itself has recognized that upon European arrival, Aboriginal people were already living here in organized societies, and Aboriginal people in Canada have never been conquered. Why does the Court persist in sanctioning violations of Aboriginal rights? Good question, but I don't know whether there is a good answer. If it's because the consequence of admitting everything that Aboriginal people are logically entitled to is just too overwhelming for the Court and the country to accept, then at best we're dealing with rationalization, and at worst we're dealing with racism. Should we just stick with the status quo? In a report to the United Nations, U.N. Special Investigator Rodolfo Stavenhagen found that, "Poverty, infant mortality, unemployment, morbidity, suicide, criminal detention, children on welfare, victims of abuse, and child prostitution, are all much higher among [A]boriginal people than in

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ultra vires

OPINION & EDITORIAL

DIVERSIONS

Things I have learned

Something tells me Kotrly hasn't been keeping up with his readings

BY KEIR WJLMUT

BY MIKE KOTRLY

have a confession to make· I don't remember the elements of negligence. After three years at Canada's finest law school, having spent over $45,000 in tuition, l do not remember what Mrs. Palsgratf had to show in order to get money from the railway, or the scale company, or whoever. Duty? Causation' Something about a neighbor? Bucller? I wrote a fifty-six page paper on dangerous offenders. I can't remember my thesis. I got an A in tax. I couldn't tell you the difference between income from an office, and income from a business. Hell, I had to open my summary just to remember those terms. In short, I have forgotten the bulk of what I have learned while a student at this institution. It's no one's fault but my own; I guess I aJways knew those pints at the Duke would catch up with me eventually. But this is not to say that I haven't learned important things here. On the contrary: these three years have been among the most educational and transformative of my life. It's just that most of this learning has come on the non-scholastic side of life. Most of what I will remember from U ofT Law comes not from professors, but from m'j fe\\ow students.

{;

March 2006

Pop Culture: Year-in-review

UV EDITOR SAYS GOODBYE:

(

\\etc ate fwe tni.n&s \ \earned whi.\e a\

the facu\ty of Law that l have not forgot-

of the great thmgs we will do, how some of us will go on and do Important things like be appointed to the Supreme Court, or be elected to Parliament, or become CEO of a big companies. Some of us will. These arc the people who will be extra-sure to come to class reunions.

chief duty to accomplish small tasks as if they were great and noble."

sure in the beauty and magic of ordinary life.

3. Take JOY in the small pleasures that life provides. These pleasures are all around you. Buddha told a story about a man travel-

4. Everything ends. Everything ends. Make a list of the major elements of your life: where you live, what you do, your physical health, who your friends are, who you love, who loves you. Everythmg on thts list IS temporary: through age or death or Simply growing apart, there will come a day when everything other than what is inside of you will cease to be. But this needn't be a source of sadness. Knowing the finite nature of life reminds us to appreciate what we have while we have It. A great queen once summoned the wisest men and women in the realm. "Wisest of the wise," she said, "I want you to build me something that will make me happy when I am sad, and sad when l am happy." The learned and gifted thinkers left. For a year they worked: they hammered and they sawed and they tinkered. But when they returned, they handed the queen only a small, folded piece of paper. They queen opened the thick paper with trembling hands. Written on it in fine curstve script were four words: "This too shall end."

" I wrote a fifty-six page paper on dangerous offenders. I can't remember my thesis." But even those among us who get fullpage profiles in the Alumni magazine are insignificant outside of their tiny little bubble. No matter what you do, you will be irrelevant to virtually everyone on thts planet. What you achieve is not an end in itself but rather means to a greater end. What matters for your own happiness and for your impact on those around you is how you live your life. Be kind and generous, care about the people around you, and do everything you do with passion and commitment and you will have succeeded in life. A.s He\en Ke\\er sa\d, "l \ong to accomp\lsh a great and noble task, but it is my

ing across a field who encountered a tiger. He fled, the tiger after him. Coming to a precipice, he caught hold of the root of a wild vine and swung himself down over the· edge. The tiger sniffed at him from above. Trembling, the man looked down to where, far below, another tiger was waiting to eat him. Only the vine sustained him. Two mice, little b)' little, started to gnaw away at the vine. The man saw a luscious strawberry growing near him. Grasping the failing vine with one hand, he plucked the strawberry with the other. How sweet it tasted! No matter what is going on in your life, take the time to appreciate and take plea-

Sweet U ofT, indeed. I just can't quit you' Oh, wait. yes 1 can. Godspeed'

ten:

1. You have everything you need to be happy. There is nothing anyone could give you that would make you happier. Maybe it is our advocacy ability, or all the talk of "excellence," but law students are particularly good at complaining. No matter what we have, we always want more. This can be a good thing; dissatisfaction with the status quo is the first step towards making positive change. But dissatisfaction when it relates to what we personally have is a cancer that prevents us from seeing how truly fortunate we are It is human nature to always want more: more possessions, more status, more love. The problem is that this quest for ''more" is never-ending: if only 1 could afford a down payment for a condo, then I would be happy. If only I could get hired as an associate, then l would be happy. If only I could meet someone amazing. then I would be happy. And then you get these things. and you find that the happiness you expected was just a mirage, and that happiness is still located just over the horizon. Now your happiness depends on a bigger condo, or making partner, or finding a partner who is younger or prettier. Happmess comes from within. It is a mental state, and can't be obtained by things or status. The secret to obtaining it? Want what you have. As the Talmud says, "Who is rich? He who is contented with his lot."

2. You may or may not accomplish things of importance. It ultimately doesn't matter. Graduation is a time when we are told

The pop culture world for the school year of 2005-2006 has been dominated by the celebrity couple. They hooked up. They got preggers. They divorced. So Much Drama. So longtime "Newlyweds" Nick Lachey and Jessica Simpson have split. There's going to be some tense legal drama coming up. Jessica's going to wonder whether this lawsuit's made for settlin •• especially given that Ntck can't seem to keep a steady job. Speaking of deadbeats, Kevin Federline is named one of Hollywood's most powerful men according to Details magazine. Right. And Keir Wilmut is one of Toronto's most eligible bachelors. But seriously, Britney's out of control. She was spotted with a baby in her lap whtle driving. There are rumours that she's pregnant again. Children and the Law students: take heed! Meanwhile, the Jennifer Aniston/Angelina Jolie feud is over With Jolie preggers. there's not much more to this battle. While Jennifer has moved in with Vince Vaughn, he's no Brad Pitt. Jennifer Aniston did have a better Vanity Fair photoshoot than Angelina this year, however. And who could forget TomKat? Katie becomes pregnant with Tom's alien child.

loved you but I lied ... and then I threw up m my mouth a little. Dll's Teri Hatcher looks more like a skeleton every da)' Soon her Egyptian curse wtll ruin us all Gwen Stefani looks fabulous even when preg· nant. Harajuku girls nowhere in sight. Sheryl Crow splits with Lance Armstrong. l veryday is a winding road. Movie-\\.tSe, Brokeback Mountain provided the antt-Sex :nd the City model: a movie about gay men written by a straight woman Sweeps most awards show:. but Crash takes best picture in the Oscars. because, as you may know, racism i~ bad. Reese Witherspoon takes Best Actress. Was I the only person who expected her acceptance speech to end a Ia Elle Woods in Legally Blonde: "Congratulations, class of 2006. WE DID 11 '! !!" The Conservatives win the Canadian election and Harper's now Canada's face to the world. Gay marriage to be put back on the political table. The only time I want to hear gay marriage as a news item is if it includes "Jake Gyllenhaal" and "Heath Ledger." Justice Major's replacement appointed through new "more accountable" process. Nader Hasan unavailable for comment. In televJsion, Sunday Night became the winner With the Desperate Anatomy Power Hour. There has yet to be a Saved by the Bell Reunion Special. I AM holdmg

. ocicty is exposed to the Scicntotogist's

my breath .

"quiet birth" phenomenon. Then in February both People and Life & Style

Madonna brings back disco in her latest work "Confessions on a Dance Floor." Confession #I? I ripped thts off from Kylie Minogue's "Fever." Confession #2? I should NOT have worn the outfits m my "Hung Up" video. Kabbalah's stance on disco remams uncertain. Mariah Carey has a very "un-Glitter" year with her comeback album. Grammy's response? It's like that y'all. Paris Hilton and Nicole Ritchie still having a fight. World confused on how they are famous. Stay tuned for Paris'

"Teri Hatcher looks more like a skeleton every day. Soon her Egyptian curse will ruin us all. " printed rumours of a split, stemming from Katie Holmes' father. He suggestc; that they will split up once the baby pops out. So far those rumours appear to be false, much to the chagrin of sane people everywhere. Uighur! By Uighur I mean "ooh girl," but ooh girl is so politically neutral. J say "Uighur" to raise awareness of the plight of the Uighur people in northwest China who are a somewhat persecuted minority of Turkish descent. Jen Garner delivers child. Affleck thrilled; goatee'ed. On the gross factor, Desperate Housewives' Nicolette Sheridan left her beau to become engaged to ... Michael Bolton. Said I

"I AM VERY HETEROSEXUALIU" upcoming album "Paris is Burning." Bootylicious is now in the dictionary. That's right, Beyonce 's more published than all y'alllaw bitches. Canada docs pretty damn well at Torino Olympics. Avril performs a terrible song at

the closing ceremonies. But her lyrics inspire me, as they should inspire you, in life: So you go and make it happen. Do your best. Just keep on laughing. I'm telling you, there's always a brand new day So true Avnl, so true.

\'Joliriialist. . . . . ..... . . . .

:~ite~~::~;~i:~;~~:~~~

\.,'·: GI·ves Students · ~.! Inside Scoop on 1Legal ~ N ewswriting

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~ BY LUXSUMEYVUAYANATHAN, GRADE 10, \ CENTRAL TECHNICAL SCHOOL

i Starting in September. 67 law students j contributed over 575 volunteer hours av j after-school tutors, j workshop facilitators, field trip leaders ~ and Advisory Board members with the j LAWS (Law in Action Within School) pro-

~gram. As part ofthis program. student.\· at \ Central Tech have learned about the j importance ofjournalism. To support this j worthy program, Ultra Vires gave students j the opportunity to h(J\.·e one oftheir news ',~ stories published in the law school paper

On March Ist, news writer K1rk Makm

j shared his expertise with grade I0 LAWS

1 {Law in Action Within Schools) students at

l Central Technical School. l Makin, a news reporter from the Globe i. and Mail, gave an interactive workshop on

Uni.versi.t'j of 'Toronto Facu\t'j of Law and\ Central Technical School. i Some of the topics he covered included f writing catchy leads. article writing. and 1 reporting on the JUStice system. Makin got j the students to write their own leads and i read them out loud to the class. After each

readmg, he provided a brief critique. 1 "I learned a lot of new stuff that will help me with my writing. It was really i interesting," said/\da Lam, one of about 25 l students m this semester's grade 10 l English LAWS course. j Mr. Makm also provided studenb with a j greater understanding of law related issues ! such as innocent people being found ~ wrongfully guilty of murder. 1 Students were particularly impressed with Makin's experience as a crime 1 reporter. Makin, who has written a book \ on the Guy Paul Morin case, was able to i provide the students with first-hand l accounts of reporting on crime cases such j as the Paul Bernardo and Karla Homolka j trials. "It was mteresting to hear about l something that's usually on TV," said one student. And what was Mr. Makin's advice to students after he listened to their exampies of news article leads? "1 think you should just skip first year journalism and : go straight to second year." ~

j the justice system and the news media. The ! : . : ..........................................................................,.. _.. ,............................................................................................. ~------------------------------------~----------------------

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PICTURE YOURSELF AT BLAKES. Where great work and great people come together. so there Obiter Dicta! Teach you t o rip off my salary article! MONTREAL OTTAWA TORONTO CALGARY VANCOUVER

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ultra vires

DIVERSIONS

March 2006

DIVERSIONS

Player haters need to stop drinking their haterade

BY MALCOLM KATZ & ALEXA SULZENKO

BY DAVE SEEVARATNAM Wrapping up a year of self- indulgent musmgs on television, I'd like to fi nally confront the elephant in the room. The fact is, most of you don't watch all that much T.V., and certainly not as much as I do. It's okay: it's perfectly nonnal to be a little bit of a T.V. snob. In fact, I'd wager that it's the most pervasive type of snobbery. The foremost snob is the T.V. metasnob, a person who critiques the very act of watching television. Most of us who watch any T.V. at a ll have encountered people who make us feel bad for doing so. The worst of the lot are our professors. On more than a few occasions, I've heard a prof respond to a well-meaning (if illAbdul J gives her verdict timed) television reference w ith a dismissive " l don't watch T.V." There are a few more patience for this type of snobbery; exceptions (for example, I remember unlike their meta counterparts, they recogDavid Schneidennan letting it slip that he nize some value in the medium and enjoy has a penchant for American Idol), but the content that they choose to watch. To most of the faculty avoid this addictive analogize to the music snobs, they are like time-waster. And, of course, the rest of us the ones who listen only to obscure classical music: nothing post-Baroque, because hang our heads in shame: How weak Romantic era stuff is far too mainstream. how aloof to the magnificence of the Jaw Sure, they may be pretentious, but there's we must be to succumb to such trifling disa sincerity to their tastes. tractions. I do not presume to exclude myself Professors aren' t the only ones. from the ambit of snobbery eith er. Many of our peers are far too preoccuWhi\e many of you may h ave pied wi\h h eadier p ursuits \o waste crin ged at som e of my viewing \he\r \\me w\\h tc\ev\s\on. B ut choices, J do have certain stanlet 's compare with o ur dards. [Incidentally, while I Din!r.rtons brethren: would write this, my parents are in the anyone ever think themselves next room watching a rerun of above music? The most bla-

Everybody Loves Raymond.

Hate to break it to you, Raymond, but some of us just plain *don't*]. The object of my fiercest disdain is real it y television . Reality

Top Toronto Programs, February 27March s 1. 78th Annual Academy Awards 2. C.S.I. 3. survivor~ Panama 4. Academy Pre-Show s. Without a Trace 6. American Idol <Tuesday) 7. American Idol <Wednesday) 8. C.S.I. Miami 9 C.S.I. New York 10.ER nies my anti-reality bias. I was railing against the sheer crapulence of Fear Factor when my sister pointed out my habit of watching Blind Date late at night. And, like another David S., I tune in to American Idol, excited by the proposition that Katharine McPhee might tear through the competition, and eventually conquer the charts, much like my "personal idol", Kelly Clarkson, did before her (I think both T.V. and music snobs will ridicule me for that confession).

Restaurant Review: Dessert Trends is mighty tasty

Turning our noses up at television

tant music snobs (Angie Chu, I'm looking at you) certainly sneer at a lot of music, but have an abiding love for particular genres and artists. Even those without a remarkable affinity for music will proudly tell us what type of music they truly love. T.V. snobbery is a different animal altogether. Even television rev1ewers engage in their own brand of meta-snobbery. Recently, the Globe and Mail's weekly television insert became noticeably smaller. In the name of efficiency and focusing on the supposed preferences of its readership, it has done away with handy synopses for most shows. Instead, the editors deign which shows will make up the elite class whose plot-points are to be s ummanzed. For the rest, a spot in the mammoth pnme-time grid IS the best they can hope for; day-time televisiOn ehcits nary a mention. Instead of slamming the lackluster fare like good critics, the metasnobs at the Globe have decided to pretend that a lot of shows don't exist at all. Of course, even those who are a little less exclusive when it comes to television can be snobs in their own rite. Some only watch news and documentaries. A related genus limit their vtewmg to pubhc broadcasters like TVO, CBC, or PBS. I have

I'm equal parts snob and hypocrite, it turns out. The same is true for most of you. We even engage in reverse snobbery over the meta-snobs every time we shut them out of conversations by discussing which season of Sex and the City Carrie had the best hair in. In a similar fashion, all year I've been peppering this column w ith inside jokes that are mostly reserved for semi-av1d television v iewers. Snobbery abounds at U of T Law: you read it her first.

Dessert Trends - 154 Harbord St. 7ime Closed on Mondays. Distance: 10 minute walk from the law school on Harbord, at Bnmswick Positive: Good, reasonably priced f ood. E'(cellent desserts. Negative: Not an overly wide selection dessert place with some sandwiches, soup and salads. After the debacle that was Hungary-Thai for the last UV issue, Danny was cut from the team. That's probably a good thing I am not sure my digestive system could have handled another restaurant-by-Danny pick. Thankfully this time around we took Alexa's advice and went to Dessert Trends on Harbord just past Spadina. The restaurant was clean, crisp, bright and modem. The only thing lacking was snappy service, but at least nobody was smoking in the back while reheating food in the microwave (see: Hungary-Thai). As its name would suggest, this place is definitely about the desserts, but it also has a decent selection of sandwiches, soups and salads. I had a mushroom salad sauteed in a lemon herb butter on a bed of m1xed greens ($6.95). It was tasty if a bit redundant in that

the sandwich plate - I had a prosciutto sandwich with grilled peppers, and sweet onions on a ciabatta bun ($8.50) - also came with a side salad. If for whatever reason you feel the need to have two salads, I would recommend asking for a hold on the sprouts (unless salmonella and e.coli have nothing on you). The sandwich was delicious (although I suppose it is difficult to mess up prosciutto), but the dessert was the true star. I had tiramisu in a chocolate cup ($6.50), which although being slightly awkward to eat, was amazing. Based solely on looks, I would be willing to hazard a guess that all the desserts at Dessert Trends are equally as great. The soup - seen passing on the way to some other table also looked good. On the whole, it was an excellent, reasonably priced meal (or at least it would have been if I hadn't doubled up on the salad) - a most welcome change from the Hungary-Thai. We should have ditched Danny long ago. He sucks at picking restaurants. And he kicks little puppies. Sick bas-

tard.

vegetarian Fare In Danny's absence, the task of pickmg the restaurant fell to me. So did the team's vegetarian duties. Dessert Trends offers a

fair amount of meatless choices, with several starters and mains available. I played it safe with the mixed green salad ($6.95) to start, which turned out to be an interesting mix of cooked and raw vegetables in a pear dressing. Our server neglected to mention that a similar mix of greens came with my main course the oven dried tomato and eggplant sandwich with melted mozzarella and pcsto on an olive bread roll ($8.50) - but it was an enjoyable salad both times. My sandwich had a great combination of flavours, but its height and the hard crust on the bread made it very messy to eat (sorry Malcolm and other diners at Dessert Trends). If you order warm food, you may have to eat it before your two salads because appetizers and main courses seem to get delivered to the table at the same time. The real point of Dessert Trends, though, IS the desserts themselves. I tried the Chocolate Symphony ($6.50), and it deserves the capital letters. On the outside, it looks like one of those brown paper lunch

baggies, except made of milk and white chocolate. Inside the baggie: layers of chocolate cake and mousse, with whipped cream on top. The desserts are beautifully presented with fresh bemes and a raspbeny sauce, and they're worth the trip alone. Unhke the restaurant-that-shall-not-benamed from last issue, Dessert Trends is clean, brigh4 reasonably priced, and will leave you full and with your sweet tooth satisfied rather than feeling very, very sick.

6amess t~e power of tfje Unicorn... <tontri6qte to llftra Uires

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Funny, but not ha-ha funny bered through the mediUm with all the grace of my arthritic Giant Schnauzer. With its emergence, quality scripts have become an even rarer phenomenon. The squabbles of America's Next Top Model wannabes do not mterest me. I can do without knowing who the latest Bachelor will be divorcing m a year's ttme I don't care to d1scover which indigenous sacred site the Survivors will desecrate next. But as with most types of snobbery, there's a certain hypocrisy that accompa-

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ultra vires

DIVERSIONS

Music lost and found again home, I realized J was missing my CD wallet. I went to the lost-and-found as soon as I bad returned to McMaster, and se veral times thereafter, but to no avail. Gone were the likes of The Cranberri es ' No Need to Argue, Wcezer's first three (and best) albums, Rumours by Fleetwood Mac, a Best of Santana CD (from the days before the unfortunate Rob Thomas a nd Michelle Branch duets), and several others. It wasn 't my entire collection, but still a good chunk of it. Perhaps you find it hard to empathize, and not only Dave's CD collection, c.200 3 because you think that 1 have questionable taste in Nea rly three years ago, I had a traumatic music. Just download the replacements, experience that changed my h fe as a music you m ight say. But after the experience of lover forever. l was excitedly racing the real thing, a patched-together collecth rough the McMaster Student Centre, on tion of the tracks, with downloads of vary- ' my way to catch a bus. My backpack was ing quality. would serve only to remind me overfi lled becau se I was heading to of the loss. Toronto fo r the weekend, and it unzipped It may have been a symptom of my while I was running through a stairwell. mourning when my music consump tion Its contents spilled everywhere. I hurried- dwindled in the couple of years that folly stuffed everything back into the bag so lowed. I didn' t bother to fmd a non-corthat l could continue on my way. rupted version of Kazaa for my laptop. 1 'But not everything made it. When \ got aim\css\y \istcned to radio-rock a \ot of the BY DAVE SEEVARATNAM

time. I bought a few CDs, but badn 't replaced any of the hallowed collection. But I recently got the kick-start I needed when I was given one of those new-fangled MP3 players for Christmas (not an iPod, but it does the trick.). It gave me the strength to confront my demons, and I started replacing my lost COs.

they were playing in Hamilton. immersed myself in all things Weezer in the weeks that preceded the concert; Pinkerton was the treasure of the resulting collection. I remember ultimately being disappointed with the brevity of their 75minute gig, but it didn' t matter because I actually felt like I had accomplished something - it was the first time I knew the entire repertoire of a band. Plus, I can now justifiably break out classic lines like "I'll bring home the turkey 1f you bring home the bacon" as my MSN catch phrascs. In short, buying replacement CDs has been a crazy trip down memory lane, taking me back to those times in a way that only music can. This isn't meant to be a PSA against piracy I'll leave those to the good folks at the Academy Awards. There might be a larger message here about silver linings or rainbows or whatever, but it's not about that either. Instead I want to leave you with a simple question: does anyone know where I can get a copy of the Friends soundtrack? You know, with the extended version of the theme song that made the Rembrandts famous for 30 seconds? Seriously, I want to feel like one of the cool kids in Grade 7 again.

V is for Beowulf

"Why don't YOU storm the ramparts?!?"

Beowulf: 3/5 BY SAYRAN SULEVANI

l wanted to see V is for Vendetta, perhaps only because of the "little person'' red thread I feel that I have with Natahe Portman. And maybe because I don ' t understand the sick fascination that certain men I know have with her. I personally don't see why she's all that better than I am. Let's do a she-me comparison: She is a talented actress who is fluent in five languages. I am a talented procrastinatrix, quasi-fluent in 1.5 languages. She attended Harvard and occasionally shadow teaches at Columbia University. I could have atte nded Harvard if I wasn't so lazy and dim-witted, and occasionally shadow learn at law school. She seems to be a genuine-

ly good person. With adjustments for my socio-economic class, I am a decently ok person. Ok I think it's starting to make sense. If I hadn' t stayed up until 2:30 last night in an attempt to disguise my worse-thanaverage small group fluff piece as a heartbreaking wo rk of staggering genius I might have caught on a bit sooner. All this to say that I was too lazy to overcome my inertia to go "all the way" out to the Paramount (and I couldn't find it to download), so I saw Beowulf & Grendel instead. And it was hilarious. But not "ha ha" hilarious. I hadn ' t read the epic poem and the only thing I knew about it was that it involved a dude named Beowulf and a monster named Grendel (thank you McSweeneys for making me feel like a cultural trog lodyte). So at first it reminded me of the version

DIVERSIONS

Slackers ·rejoice! Bird courses reviewed!

" Repurchasing No Need to Argue - the second CD I ever bought -- made me feel like I was 12 years old again" The process has hit me with a wave of nostalgia that has almost made up for all the low points. Repurchasing No Need to Argue · the second CD I ever bought -made me feel like I was 12 years old again, at the mall w1th my parents but asking them to go somewhere else so I' d look cool buying it myself. The haunting warbling of Dolores O'Riordan provided the most memorable vocals for "Mixed Tape 1995", a soundtrack to my trip to Australia that year. I'll admit it was a surprisingly angsty m ix for someone who hadn't yet hit puberty. Replacing Pinkerton recently reminded me of when l fi rst bought it in a spell of Wcezcr-mania that surrounded a concert

March 2 0 0 6

of Macbeth we had to watch in high school, which was essentially a play on tape, and I lamented the loss of my 10 dollars. But then it took a sexie r tum and started to e mulate the 197 1 Playboy film version. Seriously, it was an actual mov1e, directed by Roman Polanski (prefelony). So then the plays story scott Balowulf out as you expect it to if you know how it goes, and of g old, clean as a whistle and sharp as a more or less as you expect it to if you don' t thistle. Grendel looked sort of like what r know how it goes. Beowulf the hero is thought orcs would look like before Peter supposed to slay the beast Grendel, but Jackson raped my mind of its innocent things get complicated as new infonnation purity. Oh, and according to a simple and comes to light. Eventually things are hilariously audacious sce ne, apparently Grendel didn ' t know that silence means resolved. Endings are bittersweet. To my dismay, it was kind of choppy in no. So I think it was worth seeing either its filming, and uneven in its storytelling. Fortunately, it stars lots of hot Nordic men way, even though the experience was less with various accents and, so randomly, than awesome. I guess it was a good way Sarah Polley. She was wonderful as to learn the story of Beowulf without readSelma, the town whore/witch with a heart ing.

BYUVSTAFF

that you might actually learn something.

Remember those heady days before law school, when you watched Law & Order and anticipated with excitement the academic rigors you would face as you trained your mind to be a top-quality legal expert? Yeah, that lasted until about October of fi rst year. These days, it's all about finding courses that will give you the required number of credits for the minimum amount of work. But how can you be sure which courses arc worth your limited mental exertion? More than one th1rd year slacker has been reduced to cursing his stupidity in course selection as he feverishly rushed to finish a Crapstone. cr. Capstone paper at 3a.m. the night before the end of term. For the members of the 28 Credit Club, Ultra Vires presents the 2005-2006 Bird Course Review. The more b1rds, the easier; the more lightbulbs, the higher the chance

Trial Ad

Hadiya's Top Ten BY HADIYA RODERIQUE

I::" r·m going to miss writing the top ten, and having a little window in which to share my views on life and love. Ah, who am I

kidding, I only ever talk about Toronto and music. So, in keep ing w1th that tradition, I bring to you the final two-parter top ten of the 2005-2006 School Year: The Top Ten ' farewell, I'm not going to sec you anymore songs', and the Top Ten List ofThings to do in Toronto in the Summer. Top 10 fareweWit's over songs. I . November Rain, Guns 'n Roses: Okay, so I know I've used this before, but it's really a multi-purpose tunc. Nothing • lasts forever, dammit! 2. School's Out For Summer, Alice Cooper: This song is so rock10'. I dream of the day that there are no more books . ... Why are you so heavy, Constitutional Case book? 3. Time of My life, Bill Medley and Jennifer Warner: Who docsn 't love Dirty Dancing? Nobody puts Baby in a comer. 4. Encore, Jay Z: From his final album (yeah right). I'd sure like an encore of law school instead of graduating. Maybe I can just apply to school after school after school. ... 5. Graduation Day, Kanye West: you tcll'cm Kanye. You tell 'em. 6. The Greatest Love ofAll, Whitney Houston: Now, for those of you who have seen Say Anything (Best 80s rom. com. of all time ...Sigh, I Love Lloyd Dobblcr), you will understand. For those who have not seen it, rent immediately. 7. Taste the Pain, Red Hot Chili Peppers: Also featured in Say Anything. Gee, what a great soundtrack' The chorus is strangely law school appropriate: "Funny how the price gets paid". qh Scotiabank ... 8. Over Now, Alice in C hains: The

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Until sweeping reforms this year, Trial Ad was the pinnacle of slack-tastic birddom - passi fail grading, meets once a week, and no written assignments. Hell, even the final trial was occasionally optional! But, sadly, no more. Leather-clad Sergeant Julie Hannaford has cracked the whip over her litigators-to-be, even speculat10g that the course may be graded next year. Slackers be warned: it's easy to spend more time on this class than your "substantive" courses, 'cuz there's nothing more terrifying than being dressed down by practic10g lawyers in front of your friends. unplugged version is amazing. Again, highly relevant lyrics: "We pay our debt sometime." 9. No Goodbyes, Subways: A little mellow mdie rock. I don't like goodbycs, so this song speaks to me. 10. Say it Ain' t So, Weezer: Classic. Top 10 things to do in tbe summer in Toronto l. Lounge on College St: Tons of ban; w1th cute little patios, for sipping Shirley Temples or a stronger drink i f you so desire. A highlight is when they shut down the Street for the Little Italy Street Festival. Fuuuuun. 2. Toronto Island: More excursions should be taken to the Island bes1des the annual Lord Denning's Picnic. The island is a delightful place, and taking the ferry is kinda fun. 3. Baseball game: Remember when the Blue Jays were awesome back in the 90s, winning World Series and what not? Maybe it'll happen again. 4. Toronto' s Festival of Beer : Held in August, it takes place in the Distillery district, and features beers from all over the world. 5. Caribana: Oh, the costumes, the mus1c, the food, the booty shaking. So so much fun! 6. Summerlicious: Toronto's restaurants feature prix fix delicious lunches and dinners. Mmm. 7 Shakespeare in the Park: Takes place 10 High Park in the evenings. S1t and chill on a blanket while getting a dose of culture. 8. Honey Jam: Annual showcase of Canada's up-and-coming female talent. 9. Beats Breaks and Culture music festival: A wicked free electronic music festival. With visual projections, graffiti, and brcakdancc competitions. 10. Canada's Wonderland: Scnously. Canada's wonderland is not JUSt for 16ycar-old kids. Funnel cakes arc amazing.

top law school. While the syllabus for this three-credit graded course claims to require a 25-page paper. Prof. Morgan makes it quite clear that 20 pages (including title page) is more than long enough. He's slightly Jess clear on what exactly students should write about: when pressed, he clarified, "I'm hesitant to tell you too much .. . I want YOU to tell ME what YOU think about law and film .'' Papers are graded on a harsh curve: Annnnnndddd down the stairs they goooooooo!!

There's a reason you need to use a priority letter to get into this one. It's the ultimate in pass/fail nolcffort goodness: Two credits for showing up and writing weekly journals about your feelings, and as an added bonus, it's over by mid-November! Most class time is devoted to acting out Sports Law hilarious role-playing scenarios that, pleac;antly, may actually teach you a useful skill or two. It is also perversely satisfying: just think of that annoying know-it-all in your class, and how enjoyable it would be to royThe class is taught by a well-known ally screw him fake contract negotiations for sports agent, who works effortlessly to minpro wrestlers (seriously). imize class time by ensuring class always Warning: some people take this stuff waaaay to seriously. One tiber-grumpy stu- over an hour early. Don't be fooled by the dent, who shall remain nameless, reacted to easy schedule, though: this puppy requires be10g undercut in an oil pric10g negotiation high-level thinking. You will need opinions by angrily telling his pretend competitor, on Todd Bertuzzi, Eric Lindros. and Mike Tyson. If you don't have them, be prepared "Way to fuck your career, buddy!" to listen to your classmates talk for the entire class. The professor will speak only when students arc finished commenting, which is great 1f you want to hear a bunch of guys (there were only two women in the class) wank about how great the Leafs are. Best of a\\, if you skip c\ass a\\ term you can pick up enough material for your paper by hanging The cardinal rule of ADR is that everyout in a sports bar for a night. one's feelings arc equally beautiful and important and magic like a shinmg The callaghan Moot snowflake. This means that there IS no It's last call, the wrong answer to anything, no matter how bar is emptying, and stupefyingly uninformed the comment may despite valiant be. attempts. you 'vc This sharing-caring puffery would get the been rej ected in your same five-bird rating as Negotiation if not for the added requirement of a I 0-pagc attempt to close the deal with any paper, and a research project Seriously respel:table mates. That's when that fugly dudes, that's just too much to ask Two-inch guy or gal sitting alone in the comer starts to margins and triple spacing can only get a look mighty attractive. The Callaghan, a.k.a. Desperation StattOn on the Competitive guy so far. Mooting Tram, poses a similarly shameful temptation. I low competitive is a moot that only DLS for credit competes against other U of T students'? Sure, you've done a lot of hard work, and technically you've done a "competitive" moot, but do you really want to tell your friends about it? If you'd known this "'k.1s going to happen, you would have stayed at Imagine having a class that requires home and watched late-nitc softcore on answering phones for four hours a week. Showcase (i.e., Compulsory Moot). missing your other courses to drc:;s up in a suit and trek up to Sheppard Ave, and if you contested corporat e get the profs questiOns wrong, some poor Transactions I secured schmuck gets a criminal record. Yeah, that Transactions sounds awesome!

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<9<9<9<9<9 \ The secret to this bird .course is simple: it's easy to dodge work because there's no work to dodge! There are no readings, and class time consists of... watching movies. We' re not talking about movies about law, either. Somehow, explaining the end of Vanilla Sky w11l get you an A and three credil'i towards a degree at Canada's

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QQQQQ Don 't listen to those player haters drinkin · their hatcradc. Anyth ing with "Transactions" 10 the title is a total breeze! And the PPSA? Ha! For a labyrinthine 100pagc statute, 1t 's a total joke. Just put your feet up, pour yourself a fancy cocktail, nnd you'll be rollin' with the big boys on Bay with an A+ in no time. C'mon, trust us.

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ultra vires

GAMES

Games!!!!! This is your last chance for games!! BY STEPHANIE GIANNANDREA

Complete the number game that is taking the world by storm! It may not be hilarious, but it sure is a challenge!

Unscramble the four smaller everyday words . Once finished, unscramble the circled letters to uncover a truly amazing legal pun!

Dean Mayo Moran was upset by her administration's decision not to award her the designation of 'Trailblazer'', given to pioneering female U ofT Faculty of Law graduates, as part of the Ia\\ school's International Women's Day celebrations. " I mean c'mon. Uow many FIRST female law deans. arc there'?" Moran a~kcd rhetorically. "One. That's ho'" many. One. ME. Didn't I read my press stories? Under privileged background? High-school teacher'! Pas::;ion for equality? I wa-; the freaking feel-good story of the year! I deserved more than a Dear Mayo letter advising me of the 'many qualified applicants we received this year'. I mean after all I've done for me, this is the recognition I get? It hurts. you know. I• •Jst hurts."' Moran finished with a "and don't give me any of that bullshit about getting my LLB at McGill - an SJD should count for something, goddammit!" before storming ofT to fire "that Lorraine woman." - Malcolm Katz

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Daniels Disappointed that Moran Did Not Pick Daniels to Be a Trailblazer Ex-dean Ron Daniels was upset by the administration's decision not to award him the designation of ''Trailbla7er", given to proneering female U ofT Faculty of Law graduates, as part of the law school's International Women's Day celebrations. "I tTtcan c 'mon. How many white male law deans at U ofT have there !xcn?" Daniels a<;kcd. "No more than I0 tops. I 0 people m the whole world. I am I of I 0. Out of BILLIONS of people across the globe. Hundreds of billions if you count all of history. And that's not Trailblazing enough? I mean, after all I did for that school, this is the recognition I get? It hurts, you know. It just hurts." Daniels finished with a "and don't give me any of that bullshit about the Trailblazer award being for women - I can be plenty woman!" before storming off muttering that he knew he should have fired "that Lorraine woman." Malcolm Katz

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"' :....--------------...:· Well Ghost, you've had an arrazing lavv school career. You were elected to the SL.B f!tlery year, you successfully orchestrated Dean Daniels' removal, you won best oraist at the Ent Moot, you also won the Small Group Property prize three years in a row, I could go on and on. Tell us, Vvtlat do you feel was your greatest achievement at Iavv sc ho oI?

Tricking all of you irio thinking I can read! I'm illiterate!!t SO LONG. SUCKAHS!

.. il

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ULTRA NEWS

2006

Moran Disappointed That Moran old Not Pick Moran to Be a Trailblazer

Answer:

March

First prize

Sodoku!

Single graduating law students demand tuition reimbursement Single graduatmg law students have demanded a reimbursement of their tuition fees claiming that they were misled by the administration into believing they would find a spouse during their law school career. 'I lost count of the number of times during fir.;t year Orientation Week that the Dean and other speaker.; referred to law school as 'pnme manying ground',' recalled Jess (III). 'I came to U ofT to fmd me a Mrs,' explained Richard (Ill), 'for 16-grand a year, I should have just gotten a mail-order bride.' A grievance has also been filed against Professor Weinrib in charge of admissions alleging poor screening of applicants. 'Do I look like a wedding planner'!' snapped Weinrib, 'law school isn't some Jane Austen novel.' The SLS rcspondctl to the up et by creating a sub-committee to invc~1igate the possibility of including 'mar-

fit in with the culture here,' said local resident Jane Stewart. 'At our la-.t community meeting he wouldn't shut·up about the 'inconvcmenC feny schedule.' The 12-mcmbcr council came to a unanimous agreement following receipt or an islandwide petition that colk·ctcd an unprecedented 150 votes. ·And plus,' explained council-member John Irons, 'he insisted on running around the Island in that s1lly skitt. It was giving our kids nightmares.' In response to the eviction, a disgruntled Pilliar stated, 'What do I care about being rejected by a bunch of inbreds. The place is on the brink or degenerating into Lord of the Flies anyway. And for the record: it's not a silly skirt. it's a kilt.' When reached for comment, council president Jack Mirrors simply stated: The council hac; spoken.' -Laura Hage

Haircut mis-scheduled ita! status', 'astrological sign' and 'compatibility test scores' in the application materials. -Laura Hage

Third Prize Smeltzer, Reaume have had just about enough It's hard enough being in first year at Canada's Best Law School but its way, way harder when students are constantly confusing you with bullish Torts Professor Denise Reaume. "It was OK at first," said Amy Smeltzer (1), "but I can't even study in Bom anymore with every other student mistaking me for Reaume and asking me to explain Palsgra(" Even worse are her students from last year who constantly badger me about their exam marks." Meanwhile, Reaume is not happy either. "A bunch of first years came up to me the other day and started going on about Oompa Poompas or some nonsense. I don't have time for this frivolity! I have serious inequity to expose!" Stephen Birman

Honourable mention

student occupies a middle seat In

They better learn to take it and smile or they'll never make partner at a Si ter," Satan :-mirked. "And anyway, it's not like she had a choice. I own her soul." - Malcolm Katz

Cod's Clft to women Exchanged for a Toaster oven God Almighty was humiliated )~: tcrday when it wa discovered that His gift to women, Keir \\~lrnut (Ill) of U ofT Law h:ul been exchanged for credit towards a toaster O\en by a fern.tlc student. When asked, the ~1udcnt, who .,.,;shed to remain anonymous, explained that the oven had "a broiler function and a removable cmmb tmy" and that nflcr trading in Kcir she \\as able to get "a couple bucks off" Her actions may be symptomatic of a wider phenomena. In a recent poll, S~% of \\Omen \\OUid exchange Keir for toaster oven credit, 74% for a rmcrowave, and a full 96% for "one of tho~e cute retro Kitchen Aid Electric Mixers". When ac;ked why so many women would return His gift for appliances, a visibly irritated God respondt...'d, "get tlutt cumera out of My face!" before raining fire and brimstone do\\n on the questioning reporter.;. - Malcolm Katz

w.s-~$$W~E¥.~~

Flavel\e classroom; causes

Briefly Noted "Trailblazing" Exhibit 'I ra\\bla7ing Hxpen

confusion among classmates An unidentified student was spotted sittmg in the middle of a row in FLC classroom last Wednesday. His classmates were a loss trying to figure out why anyone would sit in the middle. "Wouldn't he have to shuffle past some empty chairs to get there?" wondered Monica (II). Jeny (II) considered the long-term effcc~: "Waiting for all those people to clear out could cost you valuable seconds on the way to afternoon classes." The prevailing view was that the student had "wanted some alone time". Nate (Ill), who was two minutes late to class that morning, has an idea about who it was. "It might be this guy I sometimes sit next to in 'fax- but I could only see the top of his head from where I was sitting," Nate said, before muttering something about having a sore back after sitting on the floor for two hours. - Dave Sccvaratnam

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Moran111tcnds career fair, accepts summer pos1tion \\ith

·.

~ ~~

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·. 1 ~'?

Heenan Onhoe Course Summary Contains EmJrs Law Ball Held, Fiancees Introduced SLS \..onstitutional Charter includes nght to free piu.a

Alito Cites Chnst J Disinterest htdden behind fn,.adc ofnpathy

Hygiene abandoned

Box of

Lnw Ball: Clc-,1\'age displayed,

~ 8§

Third year student mistaken for X."? trespasser ~ The Administration is scrambling to save ~ face after discovenng that the "odd man" it Tuition Hike Not Moran's Fault, had forcibly removed from the Rowell ~ satan says ~ Room over Reading Week wa<; actually a As word leaked · that the administration ~ third-year student. "He's about 6 feet tall, 0 about 30 years old, thin build, blond brush will raise law school tuition next year by the ~~~.·'? cut, blue eyes," described Chief maximum amount allowed under Ontario ~~ Admtmstrative Officer Kathy Tam after mlcs, students directed their wrath at rka.n Campus Security removed the "trespasser." Momn. "I thought Moran was supposed to ~ "He was dressed in black (black shirt, black be moderate and student-mcndly. How is ~o jeans, black headphones, black bag but had raising tuition by the maximum amount ~,· being moderate or student-anything?" asked ~~ a grey parka which he wasn't wearing)." Tim Smith (II). Sarah Jones (I) agreed. ~ Steve Doak (III) was lei back into the "After Damels, everyone welcomed Momn. school the following day after producing She was supposed to be the Progressive two pieces of government ID. the Prince of Darkness, ho\\Dean'" Satan, - Geoff Moysa e\er, thmks the criticism is misplaced. "Studcntc; arc short-sighted to atttck Ma}O. I Pilliar voted off Toronto Island by Law school is about helping students get ~1 local community council ready for the real \\Orld, and nothing will ~~ Andrew Pilliar (Ill) has become the first prepare them better for Bay Street than re~ident to be voted otf Toronto Island by being mpcd up the ass by the admini tration. the local community council. 'He just didn't

I~ .

8§

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cond~":: reaches expiry ~ adrmn..'<l

~~y:;:::~ CDO introduces "Beyond Beyond OCis" session U ofT wins moots, rowdy email celebrations folio\\

Daniels' Bar-Mitzvah postponed yet agam

riJ

f.~

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Fadel expands on-call hst,gg reaches out to mcd-school <f-::1 Pal undecided if hers going to run agam, lies Pal ~ SLS caps otr another ~ successfully year doing things ~ only SLS cares about l"'hurch tosses hat in ring for %? Ltbcralleadcrship

tf._-$

MacMillan's hair black

Exam stress turns Alex

~~.'

Buddhist cartoons provoke

UV cdrtors exhaust sen c of hwnor

contemplation

~~~

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