Ultra Vires Vol 8 Issue 2: 2006 October

Page 1

'Phillips being considered for lead role m Batman at I AJI' School- the lost)'ears, co-directed by Frank

The OCI Edition - Guide pg 20 First years exposed pg. 10

Miller. Pg 11

VOLUME 8 ISSUE 2

Trivia Contest - Win a date with the UV staffer of your dreams pg 35

WWW.ULTRAVIRES.CA

OCTOBER 17, 2006

U of T Students Receive Record Number of OCis BY sn~v• \\ 'Hn R

They came, they saw........ they demoral-

m.:d. There was an increase in both the number of Canadian and US firms on site this year to interview second year students for summer positions, in the extra\·aganza known as ( )n Campus lmenicws. Eighteen American firms, from 0:cw York and Boston, including some of the most ehte firms in the U.S. of A, conducted ( >Cls, a marked increase from past years. forty-two Toronto firms conducted OCis, with new additions including a bouti4uc tax firm nnd other smaller and d iverse firms. On rhc student side of thin!,rs. 85-90°;(, of second year :; tud cn ts applied to at

least one OCI-gran ting firm. Some fi rms received as few as 25 applications, while some of the larger, more prominent firms received upwards of 150 resumes. A new trend noticed by the Faculty's Career Development Office is that students seem to be going into the process mak.tng more conscious choices. This is likeh attributable to the series of preOCI programs which, according to Assistant Dean of Career Services Lianne Krakauer, help prompt students "to question what they real1} want, and to be more selective." To Krakauer, and new Director of Career Services, Shanno n Leo, this development, and the fact that some students choose to eschew the OCI process altogether, is good news in that it "points to students developing a better idea of what they really want to do." Leo points out that the CD O has developed a number of new events and irutiatives recently, as well as adding a Graduate Student Advisor and a Professtonal Advisor, all of whtch are oriented to provtding students with the pertinent

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information they need to make educated career choices. Once students applied to a firm, the chances of them being granted an inten·iew ho\·cred in the 50% range, although it depended on the employer. Krakaucr contrasted two lP firms, one of whom recch-ed 30 applications and conducted only 7 OC!s, while the other received 40 applications yet cho~c to cond

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there were

155R tor.tl OCis gr.mrcd, with 159 students receiv-

ing one or more interVle\\:

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anasterisknexttothat tsssfigurehowe\·er, as not all students actually made it to their OCis. \X'hile this writer can complete!} understand how a hypothetical student could (again, purely hypothetically) be ten minutes late for an OCI, it is utterly mexcusable that one student, Brian Duong (2L), was found sleeping upstairs at the Convention Center 15 minutes after his inter view with the De partment of Justice was set to have commenced. f'ortunately, the CDO is not only well organized, but also fast, and Suzanne Bambrick was able to quickly find the srudent and get hun down to the intervie\\. D uong wishes the UV readership to be aware that he is confident he will still receive a second interview. The above incident notwithstanding, Leo and Krakauer were effusive in their praise for the work students put m to

RECORD continued on pg 3

Time to Revisit Financial Aid BRY;o.; GRAY

\\ tth tuition reaching almost S18,000 this year, the mounting debt of many students and the OYerall accessibility of the law school remain important issues of concern at the faculty. The administration frequently justifies its rising tuition by potnttng to its financial aid p rogram which Dean Mayo Moran indicates is not only largely meeting the demands of increased tuition but is also being looked at by other schools as an example to emulate. Providing just over S2 million in assistance to law students last year, the financial aid program at U of T has two stated objectives (i) ensuring the law school is accessible to the best and brightest graduates regardless of financial means and (ii) ensuring that all of its graduates can choose careers based on interest rather

than debt. Laudable goals - but a more in-depth examination reveals that although much progress has been made, the results remain somewhat dubious in certain areas. Arguably, these goals ha,·e been partly undermined by specific polictes rooted in questionable assumptions. I n short, the p rogram may not be entirely delivering what it promises. I n terms of ensuring accessibility, Assistant Dean Bonnie Goldberg suggests that U of T has made great strides in comparison to o ther law schools, particularly through its focus on needs-based rather than merit-based assistance. But what does this mean for the a\·erage student? How many students are receiving aid and does this correspond to need? In 2005/06, 44 per cent of law students at

FINANCIAL continued on pg 2

YOURE ABOUT TO START YOUR LAW CAREER LET'S TALK RETIREMENT. Consider Osler, Hoskin & Harrourt UP. We plare a premium on ~ ~ innovative training, OOa.re luN a GlfEH' devek:ps ~ very rm.x:h rn lnv it trgini.

OSLER.


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ULTRA VIRES

In terms of the front-end program, it is off debt, which are eventually forgiven. per year for a second-degree of a child highly questionable that this objecti\·e is The program is unique among Canadian or scholarship. This puts U ofT near the that may have moved out vears ago. being met for all students when 56 per law schools and differs from many U.S. bottom of Ontario law schools, despite Maybe the parents can't afford to be- cent of the student body received no fi- programs in that it is income-contingent hadng the highest tuition. Accordi"ng to cause of their own debts and financial nancial aid last year. Assuming the ma- and thus is not exclusivel} reserved for th<.· 2004 Stud)' of Accessibility to On- pressures. ~faybc the parents can but re- jority graduated with debt, did this those going into public interest work. tario Law Schools, the percentage of stu- fuse to do so because they expect their influence their career choices? Unfortu- Last year, the program provided assisdents receiving bursaries at the other tivc children ro pay their own way through nately, we don't knO\v. According to the tance to 26 students, with an average Ontario law schools ranged from 46.8 school. \X'hatever the·reason, the Facult) Canadian Bar \ssociation, the failure to salary of $35,366 and average debt load per cent to 68.5 per cent in 2003-04. U is disregarding that some students, re- consider hoow debt impacted career of $29,896, excluding lmes-of-credit. In addition, U of T and Osgoode are ofT, in the same period, was at 44.8 per gardless of how large their family income choice was a ::ey weakness with the U of also currently working with the Law is, \viii not sec one penny of it go towards T Provost Study of Accessibility and Cacent. J\dmittedly, this figure does not pro- their law school education. Instead, they reer Choice in the Faculty of La\\: This Foundation of Ontario to create a loan vide a fully accurate picture as it is possi- are forced to borrow more money issue was explored in the Study of Ac- forgiveness program for all six Ontario ble that fewer U ofT students requested through OS \P and lines of credh and cessibilit} of Ontario Law Schools, law schools. Dean Moran would also like financial aid. Looking at those numbers, may in the end make debt-induced career which U of T d1dn't participate 10, and it to see a sirrular gc)\'ernment program. U was reported that 30 per cent of second of T's leadership in this area is comhowe\·er, U ofT again does not fare well. choices. Second, the tool used to determine year students with debt indicated that it mendable but should we be allocating In 2005-06, 329 requested financial aid thJs "financial safety net" Line 150 had a substantial effect on their acticling more of the front-end assistance to the but only 260 received it - a 79 per cent (gross income before taxes) can aro~ practicing decisions. Arguabl), with its back end program - which currently acceptance rate, which 1s arguably. inflated given that man} students refused guably provide a very m1sleading picture higher tuition and fewer students receiv- comprises only 6 per cent of the proin previous years likely did not re-applr. of a family's financial situation. It does ing financial aid - this number would be gram? Should we also be considering This docs nor compare well with other not, for example, consider the assets, lia- more significant at U of T. lines-of-credit for those excluded from But leaving this aside, how does the other forms of assistance? law schools like Osgoode which pro- bilities, or the different cost of living \·idcd assistance to 480 of the 491 appli- throughout the country. It also disregards amount that the remaining 44 per cent of In all of this debate, it is important to cants last year- a 98 per cent acceptance the reality in our debt-induced society students receive stack up against other acknowledge that the Facult}• has finite that a family might have a high income Ontario law schools in alleviating debtrate. resources and it has to make decisions that is largely off.~et by a high-debt load load? At first glance, It would seem that that will tnclude some while excluding These numbers bring us to the crux of a significant issue - defining need or that retired parents or parents with U of T is the most generous program o thers. It should also be recognized the through deemed famiJr assistance. Under lower incomes might ha,·e a high value with the h1ghest a\erage bursary at ap- Facult}' has put a lot of valuable thought the program, the Financial Aid Office of assets. Moreover, It fails to consider proximately $7,848. As a percentage of and energy into the current program and deems a certain amount of assistance that a family owrung a bustness may re- tuition, however, the numbers ace not as the overall shift to using ftnancial aid for from parents and spouses based on in- ceive the bulk of their income through a favourable- with U ofT providing 47 need rather than recruiting is a welcome come, regardless of the age of the stu- corporation - thereby penalizing stu- per cent of tuition in comparison to one. But is the total amount of assistance dent and whether or not the family dents of professiOnal parents like doc- schools like Queen's providing approxi- provided to students enough? :\nd are members are in fact contributing. While tors, lawyers, and accountants who mately 50 per cent. This average is also the policies determining need and aUocaung funds rbt right ones and ~up some Ontan"o law schools consider fam- cannot use the corporate vehicle for tax arguabl} bolstered by the fact that 40 stu dents received twtion-free bursaries last ported b} evidence? l" nforrunately, lt ily income, no institution has as rigid a purposes. In addition, what about the many stu- year. When you take those students out doesn't seem like we ace all the way there policy as U of T. At Queen's, for example, parental income IS only considered if dents living with their girlfriends, of the equation as no other law school yet. Admitted!}. the responsibility for these the student last attended high school four boyfriends, and fiances that are working has a comparable program, the average years or earlier. At Osgoode, in contrast, full-time but are not yet common law - for the remaining 85 per cent receiving issues lies not ow1th the Financial Aid Ofparental incomes are considered for all does this not constitute a more likely fi- assistance was $6363. Tius is actually 38 fice but with the pohaes adopted by the students but the school acknowledges nancial safety net? \Xbat about parents per cent of tuition, leaving 62 per cent Facult}· Counetl and the Financial Aid that, "all situations are different and a that remarry and students that now ar- coming from other sources, likely a large Committee. Policies that can be changed large parental income does not necessar- guably have four incomes to draw on? portion as loans through OSAP or a line- upon recommendation of the Commitily mean that the parents are willing to Fortunately for them, the Faculty only of-credit. And that doesn't even include tee, chaired by Assistant Dean Goldberg support the student." Osgoode Director counts the incomes of the two natural living expenses. and comprised of three students (Kha!Jd This raises another policy debate. Janmohamed, Da\>Jd deGroot, & Akash of Student Financial Services Penny parents. The take-away is that it is ok if Spence admits it is a "tricky area" but it your dad remarries Belinda Stronach. Should one-third of the financial aid pro- Khokhar) and three facult}' (Edward Iaappears that Osgoode is at least willing That would not constitute a financial gram be provided to 40 students, com cobucci, Bruce Chapman, & Ben Alarie). to examine this issue a bit further to de- safety net. promising 7 per cent of the total student It IS they who can reconsider them and, What rings through this debate is that population? According to the Financial if necessary, recommend change. Altertermmc genuine need. For its part, the Faculty justifies its pol- the financial safe[} net is in many cases a Ald Office, these tuition-free bursaries nauvely, if the Facult} is going to conicy based on an assumption that a stu- fiction and somewhat arbitrarily deter- are based on several factors including sig- tinue to make its claims and maintain its dent from a middle to high income mined. lf the faculty is going to insist on nificant pre-law debt, low parental in- objectives and policies, it arguably owes it family has a stronger financial safety in using it, should they not look at ways to come, and no personal assets. \Xihile to the students, both current and future, comparison to a low income family. Ad . more accurately determine financial these students deserve to receive among to better substantlate 1ts positions with mittedly, they have a good argument con- means • like looking at net worth? More the highest amounts, should the Faculty more research-based evidence. sidering the average family income of a importantly, should they not prove their be funding full-tuition when many other student excluded from the program in underlying assumption that these parents students are accumulating their own crip2005·06 was $212,491. As Dean Moran are in fact contributing? These are diffi- pling debt due to receiving lower levels suggests, it does seem "intuitive that cult questions but what about at least sur- of assistance or being denied aid altoparental income makes a difference" as a veying graduating students to find out gether? Even if it should be, is it excesfamily making this amount "lives in a dif- how much debt they will graduate with, sive to giVe it to 40 students? What if ferent world than a family making under how they funded their education, and these students take jobs in New Yorkwhether their parents actually con- are they really that in need of this assis$50,000". Despite its intuitive strength, this jus- tnbuted to their education? In addition tance? These are questions that, however uficaoon is somewhat undermined by to providing assistance to students in uncomfortable, should be discussed and debated. certain problematic assumpoons. First, need, the financial aid program is also fo cused on ensuring that "all of the facdefine financial safety net. While most Admittedly, U of T has made signifiparents would likely help their children ulty's graduates will be able to make cant progress in debt relief through its from being forced to live on the street, it career choices based on interest rather new back-end debt program. This initiais quite a different proposition to pay up than debt-induced financial pressures". tive provides interest free loans to pay

FINANCIAL continued from pg 1 U of T received a faculty bursary, grant,

to $30,000 in tuition and living expenses

ocroBER 17, 2006

Q & A with the CDO OK. To start things off .. .Shannon, as a /au• schoolgraduate, uvat's harder: The stresses of going tbro11,gh OCIS as a studmt, or those related to organizing OCI 's as a member of the CDO? Shannon: Going through OCI's as a student were way harder.. not even close.

&ally? I tbot(!,blyou'd StfY the opposite! Shannon: Well if you asked Suzanne, you'd get a different answer. She was at the Convention Centre each day at 6am. And as soon as OCI's end, she has to stllrt booking the place for the next year!

If'bat do you tbink about the OCJ inten,ieu• .rtmcturr? 1lavilrg mel 11ith most studmtsyourselns, do)'OJf think 20 IIJinutes enough time to naluate and differentiate betwem candidatu? Shannon: The process is already random to begin with. Some people will do better in a shorter amount of time. It's still a great opportunit}· to meet people, and to get warmed up [for your other interviews]. Lianne: It's deftnitely more effective than evaluating based on a resume and a letter. It allows for additional screening of applicants.

Do J'OJI tbink student success in tbe inttrvieu• protus is more or lrss based otz,gmdes? Lianne: That's particularly not the case at U of T. The majority of students who apply will get at least one inter-dew.

Sally's soft skills 13'

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NE\VS RECORD continued from pg 1 If you're lucky, you'll get well mer fifteen. 'Ibat said, stu· dents who struggled a lot in first year \\'ill be impacted at the OCI stage. Shannon: Generally, the people who come to us really concerned about marks still got interviews. Certain firms ace more grades-conscious. But remember, it only takes one tirm to like you.

Setond_years mrit•td OCI notificationsfrof!J the CDO oneJirtn at tl time, in alphabetical orrin. l.r that because the CDO is getting kickbacksfronJ Aird & Rtrlis, or is there a consprracy agaimt IV.hite & Case? Uanne: Ha. t\lphabetical notification is the fairest method. It's the same reason we pos1tioned the booths in the convention centre alphaheticallr.

In ligbt rif the rnrrease i11 intemtl?J j\T)'C and Bostonjirm.r, does the schoolplan on so/idling additional USjirms to tome on campus, such as the Calijomitl firms that rrmtill'd duri1rg the dot-rom boom? Lianne: Firms arc rt:ally interested in finding us. Alumni arc interested in recruiting here. \Vc're delighted where we are. We're basically at capacity already.

lAst Qmstion: Git'f!IJ tbe fact tbat Stet•r Grigoriou (2L) 1/'el/1 into OCI sIJ'ith a broktn leg and came out with mort iV'r"C callbacks tbtm a'!)one else, u1lii/Jt CDO be mom111mding to students in t/Je future to go into their OCI su•ith a set of crutches?? Lianne: No. Don't fake anything. Shannon: Don't fake a break.

preparing for the OCI season. "Students

do a fabulous job presenting polished letters and resumes," says Kcakaucr. I lowever, they also were quick to point out that students arc far less prepared when it comes to communicating with law firms, citing a great deal of anxiety amongst students particularly with regards to communicating with firms br email both before and after interviews The email issue cuts both ways. '\ ot only arc students unaware of ho\\ to communicate, but firms themselves also seemed to be struggling owith ho\\' to notify students in a uniform and clear fashion. This year, some firms chose to inform students that they were granted, or being denied, OCIS, well before the date which the CDO had earmarked for notifying students. Though some firms justify this action as giving students time to research, the COO would prefer a more consistent approach. It would be . better, said Krakauer, "if there is no communicauon about OCIS at all. Firms can communicate after it's over. \X'e arc raising this with other schools, trying to discuss a new set of terms that are in the best interest of students." ;\dded Leo, ''\Xe're not thrilled by the amount of email communication on both sides." Two incidents m particular highlight the perils of student-firm communication. The \aw firm of Heenan Blaikie, in notifying U ofT students they were not getting callbacks following OCIS, sent out a mass email listing all of the students' names in the distribution list, available for all to see. On the other side of things, some students sent an email, purporting to be from a law firm's recruiting department, to a group of fellow students, in which the "firm", though denying students an OCI, offered students the chance to interview for a position in the "in-house catering department." The email found its way to the actual recruiter, and the CDO issued another email to all students notifying them to disregard the apparent "hoax". Both inCidents arc illustrative of the penls of the misuse of email, and the CDO plans on addressing these issues both at the student and law firm levels. Overall, the hard work of the CDO clcacly paid off and translated into in the smooth sailing that was OCI season. Lianne and Shannon still want students to remember that "We're more than about planrung OCIS. Especially now, we seem to be overly associated with it. But we do much more." Both students and law firms alike can be thankful for that.

has never had a family member reach along with other co-workers and acting post-secondary education, and co deliv- as part of a team. It's not always easy to ering a workshop on international human remember that \av.·ycrs arc not only in the rights to a captive audience of 15 year legal industry, lawyers are also in the olds are cxcJtmg challenges and opportu- sen·icc indu~try where people skill..; matnitJcs w gauge your audience and work ter. with peers to determine your best comIn September 2006's Lexpert (a special municaoon strategy. law student recruitment issue), Heather As a practicing lawyer, your audience Greenwood Davis captures the trend likel> won't be hormonal 15 -year-olds. It that a "brave new world is dawning in law will be made up of clients entrusting you firms," where making nice is the name of with theu legal matters, or colleagues the game in the search for lawyers with anxious about closing a deal. However, those softer skills. These skills are a ne· the challenges are in essence the same, as cessity for lawyers seeking to develop those people skills come into play. their practice and build their proflles. AcAs a lawyer, mastering the concepts of cordmg to Davis, "the ones who master · law is important. Being a good lawyer re· these softer skills are the ones who quires knowing your statutes, your prece· shme." dents, your cases; those facts, issues, Second year law students just finishing holdings, decisions and ratios almost be· their ocr marathons and third year stu come second nature. Being a good lawyer dents look10g forward to their articling means having the analytical skills to un- year are well aware of the barrage of indcrstand how certain facts turn into cer- formation on mentorship and profestain cases. And it also means having the sional development programs offered by concentration skills to read right through law firms. Not only are these easy questo the end of that Fish J. or Lebel J. dis- tions to lob at Interviewers ("Can you tell sent 10 a case before the Supreme Court me about your mentorsrup and profes of Canada. sional development programs?''), but But knowing the law isn't everything. their answers are highly relevant to law The practice of law doesn't occur in a students and partners alike. Surprise vacuum, contrary to the existence of the again - Davis's Lexpert article notes that Flavelle bubble. As a lawyer, you will deal two-thirds of partners who have been with clients external to your practice, as approached on improving their soft skills well as with colleagues internally. And "leap at the opportunity'' to do so. We were all once high school students surprise- law firms covet lawyers with those "meaningful people skills", who ourselves, so we all know how impreshave "sensitivity and polish" to balance sionable high school students can be. Try Visit LA U'/S onlint at WJP~~.dawinac­ volunteering with LAWS. Do it to build their brains. Sounds like rocket science? Hardly. your profile, do it to hone those softer tron.ca. To gtt rm·olved, contact Ale.-...·is Dirtctor, at Law firms are looking for lawyers who skills, but also do it to make a difference Archbold, laws.lau.@utoronto.ca. can sit in meetings and have good con- in someone's life.

l...'lw in J\ction \\'itlun Schools (LAWS) is an innovative high school program that uses legal education as a tool to assist youth to succeed in school, meaningfully constdcr post-secondary education, and become engaged and active citizens. Last year, over 100 laow students volunteered 1200 hours to the program by providing tutoring and mentorship, running workshops, and participating in discussion panels and carousels, among other thmgs. Law firms recruit law students with people skills because they know they are a key ingredient to survival and success. There arc plenty of extra-curricular activities that provide the opportunity to develop and exercise those softer skills, one of them being the Faculty of Law's newest public Interest program, LAWS. This year, L'\WS has expanded its range of volunteer opportunities to include mock trial coaching, field trip chaperoning, and "Pizza with the Pros" lunch co-hosting with lawyers. Already, 85 volunteers have signed up to be weekly tutors at Central Technical School and Harbord Collegiate Institute, facilitate the mock trial R. v. Lois Griffin, of "The Family Guy'', and lead group discussions on IP law, comparing constitutions, and Charter nghts. Getting out there and interacting with high school students and fellow law students adds a dtfferent dimension to your legal career that can't be properly taught in Weinrib's Torts or Waddams' Contracts lectures. Mentoring a youth who versations with clients while also getting


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Growing Pains ltJIIantJ llsclanaw IIMIII Sn Pllh."\ BtR.\tA:-:

ULTRA \1RLS

Traditional Moot "Grand'' Success Students and Professors alike crowded the Rosalie Abella Moot Court Room for an afternoon of appellate-level fun

\\'ant more space? Better classrooms? Cleaner wnshrooms? An open bar and knowingly participate in "any activity of 0\SIH . HOlD!;..'.; cious composure". free sushi 24/7? \X'ell, it's too bad you On ~cpt. 28, 2006 the annual Grand This year's moot tssue concerned the a terrorist group for the purpose of enwon't be around when the new building ~loot \vas held in the newlv named Ros fictitious Supreme Court appeal of hancmg the ability of any terrorist group goes up. alte Stlbcrman Abella \foot Court Room. "\fichael Bakunin" who, during his ume to facilitate or carry out a terrorist activLast Tuesday, 18 students attended an Rachel kent (3L),James Ren.ihan (3L), 10 a foreign country, had provided hu- ity". 'open-house' forum to discuss the new Chris Graham (3L) and Kim HaYiv (3L) manitarian aid to a village that was largely To conclude the evening, Justice law building and space reguiremcnts for were the four mooters, all ,\bella spoke on behalf of student activities. having been selected from the court and praised the The meeting was moderated by An- a competitive pro~ess held mooters for the guality of drew Parley, Alexis Alyea, and Kim last spring. thetr arguments. \\'hile the Hav·h·. It was an opportunity for memOn hand to act as judges court reserved decision, bers of the Building Committee to ob- for this year's Grand Moot Justice Abella did state tain student input before submitting a list were the I Jonourable Justhat the Grand Moot of requests to the rest of the Commit· tice Rosalie ,\bella of the proYed that the "future of tee. Supreme Court of Canada, our profession is in excelThe Committee is not yet at the point the Honourable Justice lent hands" and that of looking at architectural design, but is Robert Armstrong of the "agatn the University of trying to create a mission statement so Court of Appeal of OnToronto law school shows they have a general framework to prm-ide tario and the I lonourable wh} it's the greatest". to architects who will compete m a de Justice Gloria Epstein of . S . some guality downtime 'With Bora Laskin. sign competition for the privilege of put- t he 0 ntarto upertor Dan \X'eber, a f1rst year ting their mark on the new facility. Court of Justice. inhabtted by members of a terrorist or- student who attended the Grand Moot, At this point, little is known about the In her opening address, Dean Mayo ganization. During his stay, Bakunin had remarked that it "was a great introduceventual plan. \\'hat we do know is that :\loran noted that the moot court room also spoken at a recruitment rally for the tion to mooting and o\·erall, I found the major renovations are planned for the had been recently renamed to honor Jus- terrorist orgamzation, but only for the arguments ven compelling". 1\nd as all current site and concurrent plans are rice '\bella, a graduate of the law school. purpose of attracting additional aid would agree, provtding an enjoyable and being made for renovations to the Fac- Jusuce \bella, speaking later, remarked workers to the village. Lpon his return interesung experience for students in the ulty of Music building and the R0\1. that her reaction to seeing her name at from the foreign country Bakunin had moot court room is one grand accomThe three parties will likely work together the entrance to the moot court room was been char~ed under an anti-terrorism plishment. ":l.nu rna')' ~hare faci\itie~ wben the even- one of se\f·prodaimcd "enormous judi- provision that makes it an offence to tual design is completed. :·;c\·cr:ll student concerns were ad- to usc ancl rcust·, the present "amount of dressed during the hour and forty five waste is rc.:ally tra&ric." minute forum . ,\ consensus emerged on Howe\cr, Stephen Libin (2L) favoured the need to add club space and meeting getting rid of the kitchen altogether. He rooms for student organizations. How- says a microwave 10 a common area e\'cr, it remains unclear whether club would be suftictent because "\X'e are at needs would be best addressed by a school! If you want to make lunch, you shared room with all-inclusiYe type facil- can go home!" Another student stressed ities or a number of smaller breakout the importance of the kitchen and prorooms which could also be used as study posed that the kitchen facility should be rooms when not occupied by student or- three times larger than at present beganizations. cause, "kitchens are happy places." SLS President Kim Haviv noted that It is likely that the library 'Will be unstude;nts want addttional public space dergoing significant changes when the outside of the library. Many students new building model finally emerges. Ac complained about the Rowell Room's cording to Alex Kenjecv, Chief Librarian multiple uses for social, study and eYent Beatrice Tice favours cutting the library purposes. Student attendees favoured as things move away from books and virseparate pubhc faciltties for socializing, tually all resources are found online. ti\..o.t's 'A'/ I love BL6. studying (outside of the l.tbrary) and forAnother idea floated at the meeting Ar..'l ~ lo.'fl fin.. 'tloVId \.A~ ~ Sitti"'3 ir\ 0. l~o.f\{ o.ll do..'/M mal events. was for a conference centre that could be Another issue that inspired debate was used to host major events while doubling the school's current kitchen facility and as classroom spacL Some students were eating accommodations. \Vlu.le many stu- unsure that this was the best way to use dents favour a 'real' cafeteria, with greater limited space, especially when similar fa~election (and lower prices.... much cilities already exjst on the U of T camlower), it appears this wish is outside of pus. the Committee's mandate because the Other issues discussed at the meeting / AT BLG, WE BEUEVE STUDENTS BENEAT MOST FROM HANDS-ON LEGAL University has a food services contract. included bathroom facilities, computer EXPERIENCE YOU'VE FINISHED lAW SCHOOL AND ITS TIME TO PUT YOUR Essentially, if the food services provider labs tn the library, classroom seating and EDUCATION INTO PRACTICE. FROM DRAFTING CONTRACTS TO ARGUING MOfiONS. AT BLG YOU WIU GAIN VALUABLE REAL WORLO EXPERIENCE wants a cafeteria then we will get one. ergonomic concerns. loS YOU LAUNCH YOUR LEGAL CAREER. TO FIND OUT MORE. VISIT US AT I! IT IEG IN S While turnout was low, the attendees Ok, but \vhat about kitchen facilities WWW.IILGCANADA.COM/ NEWLAWYER OR CONTACT ANY ONE OF ~::::: W IT H S I:R V ICE OUR STUDENT RECRUITMENT DIRECTORS you ask? Student views contrast on the were vociferous tn making arguments for need for 'proper' kitchen facilities. Alex new and improved facilittes at a building CMGAlY ~ arTAWA T000NTo VANCOUV£>. ~-...u.a -~.u.a --..lL& -Eau.ua .,.._Joido*'LU. Kenjecv ( 2L) said that having a 'proper' in which they will never gain the pleasure 40l2l1tSOf 514K4lllS 61l117lS60 <416K76l01 6CM.6>«Hf76 -~-LU> W..C......Uio .. O......L.-""""1~ facility with industrial dishwashers, would of actually attending a dass.s to use and allow us to cut down on the waste from reuse, the present "amount of waste is catering and that without basic facilities really tragic."

rl

Gtnot.IJ

. . ,. ,..._,_....,__

ocroBER

17 2006

5

NEWS

Law Students to counsel the International Criminal Court S.\R.\H McE.\CHLR:\

a specific case. According to Robinson, "what's unigue about our partnership is The International Human Rights Clinic we're not just doing abstract research, (IHRC) recently joined forces wah the we're answering concrete questions on International Criminal Court (ICC) Of concrete problems that they're facing tn fice of the Prosecutor in the Hague. Thts the courtroom." The questions and partnership allows U of T students to problems in this instance relate to the work on the landmark trial of Thomas first case to be tried bj the ICC since the Lubanga for war crimes currently under- entry into force of the Statute in 2002, way at the ICC namely that of Thomas Lubanga. Acting IHRC Director and Adjunct The story of military commander Professor Darryl Robmson provided the Thomas Lubanga is enough to rile up impetus for thts unigue project. Robm- even the most stoic amongst us. Lubanga son is an international human rights was the Commander in Chief of one of lawyer who worked on setting up the the btggest armed groups tn the Second statute of the ICC and held a posltlon as Congo \X'ar, and is charged wtth the war an adviser to the Prosecutor. No doubt cnme of conscripting and enlisting chi! it is partly his connection With the ICC dren under the age of fifteen and using which has enabled this partnership to them to participate actively in hostilities. take place at this time, but he maintains He was arrested by the Democratlc Rethat the arrangement could continue public of the Congo (DRC) and trans e\·en without hts presence at U of T. Al- ferred to the ICC under the Rome though the current partnership is some Statute. what loosely formed, Robinson said that According to Amnesty International, since the Office of the Prosecutor relies there are 300,000 child soldiers world on networks of support, "so long as U wide and an estimated 30,000 of these of T can provide insightful and reliable are in the DRC. These children, as young research the relationship will continue." as 10 years old, are abducted from the1r Other universities have written re- families. Freguently, the first thing a clu.ld search memos for the ICC, but U ofT is soldier is forced to do is kill a family the only school that is working closely on member or friend, which effectively en-

sures that they cannot return home and ha\'e no place of refuge. Robinson note~ rhat "in the mind of these groups, children are chl":lp and expendable." \Vith no place of escape, they arc forced to li\'e out a bleak existence as cxpend4ble soldiers, often sent into the worst situations as human shields. Ildiko hdet 3L) and Jessica Ot.l:azzo (2L), both wtth backgrounds in criminology, arc the two students working with the ICC on the Lubanga trial. Erdci's expcnence as a summer intern working at the Rwanda Tribunal was a natural introduction to working on this trial with the ICC. She pointed out that the Lubanga case lxcmpltfies the dtlemma faced by the ICC when trying war crimes: whether to charge many defendants with multiple offences, or to limit the focus of the case by charging one person with one offence. The ICC has chosen the latter, charging Lubanga with only one war cnme, although he could have been charged with many different offences. The benefit of this option is that it is more efficient, and at the end of the day he will probably receive a l.tfe sentence. The downside to thts is that the trial does not represent the magrutude of the crimes Lubanga committed. "Personally, l think it's a little too

focused. Only chargmg htm with one thtng is too narrow to show how much responsibility he should really ha\'c," Erdei said. This is in contrast to the ap· proach taken at the Rwanda tribunals where there were many defendants, all accused of over 10 counts. Dean Mayo \loran is \·err cnthusi, ' astic about the new partnership. According to Dean .Moran, this is exactly the type of forum that was the inspiration for setting up the clinic in the first place. ''I think it will give our students a wonderful opportunity to work with a ver; important international institution as it gets off the g round." She added that she is sure students will contribute "enormous!) to the deliberations of the ICC at a point where it is just beginning to develop its jurisprudence." The IHRC is part of the International Human Rights Program. For the eight students chosen to participate in the clinic, it offers the opporturuty to learn about substantive international human rights law while also being exposed to the

ICC continued on pg 6

\


6

ULTRA VIRES

NEWS

When Law Met Religion ... CAntllRISI. II ARITO:-.:

lem, he chimed, is a "temptation to speechlessness" and embarrassment preventmg it from discussing the issue in pubhc. }le noted that same-sex marriage is only the most recent mcarnation of an ongoing change 10 soc1al norms. At the heart of the Church is marriage as a

The Law, Religion, and Soc1et} group was not afraid to tread on controversial ground last \\'ednesday, Oct. 4, as it kicked off with its first session entitled "Gay Rights and Rehgious Expression: An Irreconcilable Conflict?". The discussion centered around the tension in both the law and Canadian society when the Charter guarantee o f equality is pitted against the equally Charter-protected reC\N \DA'S IAW IS BASED ON ligious freedoms of groups that are notoCHRISTIAN TRADITION, AND riously unsympathetic to gay rights. YET II; \ CO\L\101\1 LAW PRl:t\ClThe Faculty of Law's very own ProPLE SUCH AS \fARRl \GI CAN BE fessor Jennifer Nedelsky explored the objecti\·cs that each side brings to the deTR \ChD TO CHRISTIANDOM, bate, equality for gay rights groups and THE JCDGES FEI:.L FReE TO the defense of traditional morality for soUNDO IT. cial conservatives. She noted the mutual denigration and real contempt that each side shO\vs for the other. Relig10us groups should be able to disagree w1th homosexuality, but should be able to do so without showmg hate or disrespect. union for life between a man and a She drew an analogy to adultery, behav- woman. Severe damage on the institution Iour which is fiercely opposed by many has alread) been inflicted by the prevarelig10us groups, but more or less toler- lence of divorce. As to the courts' reated \v:idun their communiues. working of the definition of marriage, Professor GiulJO Silano, a Christianity Professor Silano said that Canada's law is and Culture scholar from St. l\fichael's based on Chnstian tradttion, and yet if a College, presented a Catholic's view on common law principle such as marriage the debate. 'The Church's essentia\ \)tob-

can be traced to Christcdom, the

feel free to undo it. Both speakers took questions from the audience afterwards. A wide \'ariety of challenging and sometimes biting questions were advanced by law students, political science professors, and a theology student. Afterwards, audience members were invited to enjoy some wine and participate in a lively conversation around the issue. The turnout was very good despite the evening timeslot, perhaps helped in part by the wine and refreshments made available to audience members. If the caliber of presentations and speakers keeps up, it looks like the Law, Religion and Society group is off to a strong start. Students that were not able to attend need not despair. A webcast of the presentation can be viewed at http:/ / mediacast.ic. utoron to. ca. The next Law, Religion and Society presentation promises to touch upon an equally timely and inccndiar} issue. "Apostates, Cartoons and Islamic Law: Beyond the Headlines", discussed by Professor \over E mon , will take place from 3:30 to 4:30 in the Bennett Lecture Hall on Oct. 20. Interested students that wish to take part are encouraged to RSVP to p.jory@ utoronto.ca.

I CC continued from pg 5 complexities and ambiguous \ ictories of real-life human rights law. Students en gage tn casework such as client meeongs, mternational legal research, case-theory formulation, brief and factum writing and attendance at oral arguments. Currently, students in the clinic are also working on an aboriginal land claims case in Belize, a same-sex marnage case in Connecticut and a case about discrimination agamst Roma people at the European Court of Human Rights (ECHR).

jud~es

Madrassah Madness Myth and Reality SAJJAD HOTIANA

The authors of the 9/11 Commission Report called them "incubators of VIOlent extremism," but to most Pakistanis, ~fadrassahs are simply a more easily accessible form of education. Madrassahs or ~1adaris (Islarruc religtous seminaries) have a history stretching back almost a thousand years. With no militant associations, they numbered only a few hundred until the late 1970s. Their role was confined to training Islamic jurists and relig10us leaders. The schools have a curriculum known as Dars· e-Nizarru (Mullah Nizami's Compilation) with some 20 subjects mostly comprised of Islamic texts dating from the seventh century to the eleventh centuf). They are affordable substitutes for the poor and impoverished who find the pubhc education system out of reach. They also perform other socio-economic services which the state does not have the resources or will to provide, such as orphanages and shelters for homeless children. llist o rica\ly, thc1r most tmportant ~ourccs of funding have been

pn\~ttc

rrusrs and local chari

Crazy judge squashes summer student A!"ORF\\ STAINI-.R

In what began as an effort to put as much distance between myself and the horrors of first year as possible, I accepted a summer position as resident "white boy" in the offices of a random Malaysian corporate firm. One day I was mvited to come along with one of the senior partners to the appeal on a rather nasty matter involving a b1g bank, some sketchy characters and a few hundred million in local currenc). The Malaysian court of appeals is known, perhaps ironically, as the 'Palace of Justice'. The court itself was recently relocated, along with the rest of the government, 50 km outside of Kuala Lumpur to a new about SOkm outside 37 ,000-acre "Garden Cit} metropolis" about 3/ 4 the size of \1anhattan. The cost of the move has been estimated at about RM 20 billion (USD6 billion) and what they built can only be described as the Emera\d City, except with a big mosque in the middle. 1\t its center is one massive deserted houlc\-ard lined wirlJ

oes.

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ministry after massive ministry. Picture Radicalization, or what may be called Tiananmen Square, except with a Great "~1adrassah madness," is a relatively ref Iall of the People for eYcn· government cent phenomenon. The Iranian Revolu- ministry and with fewer preserved tion of 1979 and the spur it gave to ShJ.Jte corpses. The civil servants \\ ho work fundamentalism was a b1g concern for there live in a nearby enclave where, deSaudi Arabia and the other Gulf states. pending on their rank, they either li\·e in As a counter-measure, they doled out a nice modern condo or a fancy villa. The funds to Sunni Madrassahs in Pakistan. area is connected to the rest of civiliza The Soviet mvasion of Afghanistan later cion by a bullet train, and is surrounded in that year resulted in a decade-long b; amazmg gardens, man-made lakes, proxy war in that country. Madrassahs and other untold opulence. The courtwere used to produce mass religtous fer- house Itself (see below) was perhaps the vor to sustain the jihad and produce a nicest I have ever seen. l laving been a steady stream of mujahideen to fight the British colony uno! 1957, Malays1a's cn:il "godless communists". President Ronald Reagan proclaimed on March 21, 1983 that the Afghan resistance enjoyed his "unflagging sympathy" and that the freedom fighters were "the examples of the invmcibility of the Why the Waziristan Deal is ideals we in this country hold most dear, Justified the 1deals of freedom and independence." As Afghan efugecs flooded their millions into the Pakistani-controlled adjoining tribal areas, US mtclligence in col On Sept. 5, Pakistan and the tribal chiefs laboration with Pakistan helped set up of Waz1ristan signed an agreement that and support militant Madrassahs wh1ch is pragmatic on its face. Its most imporserved as refugee camps and schools to tant clauses call for: (1) the cessation of the Afghans, particularly. to displaced and cross-border military movement to orphaned children. To this end, the L ninetghbouring Afghanistan; and (2) the revcrsity of Nebraska, with lS federal moval of any foreign militants from funding, produced textbooks indoctriWazir:istan if they are unwilling to ab1dc nating young Muslims on the Jmportance by the law of the land. In exchange, the of jihad. Madrassah growth mushPakistani army agreed to cease its offense

For Khan and Country

MYTH continued on pg 9

·.

all the parties in each case. In one instance he referred to a party's mother by name and then complained about having forgotten the name of the aunt in the case. D unng the delivery of his judgIa\\' is similar to ours, but with a judiciary ment, someone in the gallery shook their that (desp1te a few purges) seems much head upon heanng its complete absurdity. more pohncal and stnves to at least ap- To inform us all that any reaction to a pear fiercely independent. Its judges arc judgment was not proper manners, he well known public figures and constantly yelled at all of us in an amazing rage for do battle on the front pages of the pa- a full 5 minutes in open court, threatenpers. On this very special occasion we ing everythmg from castrauon to charges had the honor of being heard by the king of contempt, and his personal favorite, of all such fire starters, a caustic, brilliant bemg locked up in a cage downstairs. He and ruthless man known to some as the then started screaming at co unsel (my Malaysian Lord Denning, and to others boss) about controlling his clients; it just in words I dare not repeat publicly. He got uglier from there. Find1ng safety in did not disappoint, and proved to be the numbers, we all pretended we couldn't saltiest, rudest, nastiest old bastard 1 have figure out wruch one of us it was. Mo ever seen behmd a bench. I le took great ments later he rendered an unexpected joy m asking a very senior lawyer in open award for full costs and damages against court "Dato (the \falaysian equivalent of our clients. "Dtd we JUSt blow 20 million a QC), what planet are you on?" To the dollars??" ha ha ... Thank god for appeals. entertainment of us all, he then pro- And that wasn't all. After delivering his ceeded to wait for him to respond; "I am judgment, he spent the next three hours on Earth my lord." On o ther occasions domg an old-school dictation o f the rcahe openly mocked, sco lded, yelled at and sons for his judgment line by line from intimidated anyone who dared to stand. the bench. He got all the parties to write He would pretend to fall asleep when a it down by hand; "No, no no, scratch \)arty ta\kcd fm too \on~ and would 1g · that, it must read X,),x, semicolon z,y,x, norc people, cut them <,>ff, or just start full stop." The whole experience was a cllaumg u·ith anorher judge on rlw pane:/ little odd, though we were rewarded with whenever it pleased him. llis little quips a nice lunch at the local Shangri-La afterwere also quite entertaining, ruts of the ward. The rest of the afternoon "vas day today being, "Dato, you don't know measured in bottles of scotch force-fed a writ from a rat!", and "sit down, what to me b, opposing counsel; tv..·o massive are yo u a jack in the box?" barnsters obsessed with their image as As with most such twisted souls, our proper litigating "street fighters." Strange judge was also rather sharp. He regularly rangers if I dare say? cited English, Malaysian, Indian, Australian, Smgaporean and American authorities with an ease and comprehensiveness that made me Wlsh I had not purged my brain of all I just learned in contracts. He knew not only the names and citations of precedents from memor}; but also the full names of

in the area.

Unfortunately, recent reports suggest that the agreement, m1cially pnched as a deal between the government and the local tribal administration with the Taliban as co signatories, is actually one be rv..·een the government and the Taltban, with the tribal chiefs as co-signatories. \X h1le the deal \\.as declared to curb the Taltban, it seems likely to continue the status quo. It is unckar to what extent the tribes arc involved. To understand why, with their full cooperation, the deal would be feasible, one needs some background to realities on the ground. In the peace treaty following the inconclusive Anglo-1\fghan wars, the two sides estabhshcd the Durand Line as the boundary between their respective terri

tories. To control the restless Pashtuns on their s1de of the border, the British created a complicated system of political agents to oversee and play the tribes against each other. This system included the Frontier Crimes Regulatwn, a separate and d1stinct set of cnminal laws for the tribal areas which prescribed collective guilt for any acts of rebellion. .\ t independence this set of laws was inherited b\ Pakistan, as was the now ingrained practlcL of non interference in tribal affairs by the central government. ln the constitution these tribal areas arc known as the Federally 1\dministercd Tribal Areas (IWI'A), subject to the Presidential power to make any laws with respect to peace and good government

KHAN continued on pg 9


8

LEGAL ISSUES

ULTRA VIR! :s

Considering the loss of the Court Challenges Program The L'lw Commission pro\ided legal alternative beliefs. Religious groups, for education to Canadians through "law fi>r example, have repeatedly criticized the dummies'' books, educational seminars CCP for prm·iding financial support to JosH I ..Wl:"h Moreand public awareness campaigns. large intervenor groups, such as K.\TIIR\~ BIRD over, they provided a venue for cntJcal EGALE, but not to comparable organianalysis of current laws and legal regif!1eS Last month, the federal government an- zations with opposing beliefs. Regardless On Sept. 25, 2006, the Federal Governand suggested avenues of change and nounced it was cutting funding to the of where one stands on the actual issues ment e!Jminated funding to the Court modification. Most importantly, they Court Challenges Program (CCP), whose (and for the record, I support gay marChallenges Program (CCP), the Law were able to rruse issues that were politi- mandate as set out in 1994 is to provide riage in principle), the cumulative effects Commission of Canada and the Status financial assistance for important court cally sens1tive without fearing the bad of these funding decisions has been to of Women program without prior warnpub!JcJt} this may have accorded them in cases that advance language and equality enable the CCP to determine which Ing and without consultation \\ith the afthe media. Both of these institutions rights guaranteed under Canada's Charter Charter challenges will make it to the fected organizations. The Conservative provided the much needed independent, of Rights and Freedoms. Although the courts, and which parties will be government, through Treasury Board cuts were hidden within $1 billion in non-institutional asequipped with state financing to argue pres1dent John Baird, desessment of the legal "savings" announced by the federal gov- them. Not only is this highly unprincifended its actions by arsystem, and increased ernment, there 1s no denying that this pled, it works to undermine the separaB Y AXING THESe PROguing "{it didn't] make avenues of access, to move was purely ideological in origin. GRA.MMES THE TORIES sense for the governThe Conservatives had previously axed tion of Parliament and the judiciary. This ordinary citizens. ment ro subsidize HAVE THROWN THE BABY They were by no the CCP in 1994, and Liberals reinstated cannot be how a proper democracy should operate. lawyers to challenge the OUT \VITH THE PROVER- means perfect. The the program shortly thereafter in 1994. government's own laws As might be expected, the gutting of The government's stated rationale for CCP was undoubtedly BIAL BATHWATER 1n court." Canada has the CCP was instantly criticized by a a partisan body, the se- cutting the CCP was simple enough. Aclong been recognized as vocal group of lawyers and liberal interlection of cases that cording to proponents of the move, it is a leader in supporting good governance est groups. Canadian Bar Association were funded was decidedly political, and inherently irrational to pay lawyers and and judicial Improvement programs. The President J. Parker MacCarthy, Q.C. not the mandate of the body Itself, to sup- special interest groups to sue the governCommission and CCP were viewed, both surprisingly defended the program which port challenges for only two Charter ment and challenge its own legislation in by the domestic legal community and inprovides for millions of taxpayer dollars rights, was questionable. But it did pro- court. ternational experts, as indicators of the in legal fees to CBA members. According However, the unstated rationale bepositive role that Canadian go\.·ernment vide average Canadians with access to the MacCarthy, "The Court Challenges to hind these cuts was a long-standing rejustice system. policy has played in ensuring that our The Law Commission suffered from sentment amongst Conservatives that the Program provides a unique counterballegal system is relevant, accessible and acCCP is inherently biased and undemocra- ance to the power of the state. Canadians countable ro Canadians. Both programs Its own problems. It was a giant bureautic. Although the CCP was initially con- have a Charter of Rights, and the Court had the aim of ensuring Canadians' ac- crac} with a nightmarish organizational ceived by Trudeau's liberals as a means Challenges Program gives them a voice cess to the \ega\ system. The CCP en- structure and an impenetrable chain of of challenging restrictive language laws to exercise their nghts under the Charter abled constitutional challenges under s. command. How}!ver, it did reach out to of the Parti Quebecois, the program was in the areas of language and cqualitr" Canadians and work to discover what 15 and s. 16 rights through the provision What MacC.:arrhy fn il!'l to acknowledge, they felt about their laws and their justice later expanded 1n 1985 of course, ts that of funding to disad\.·antaged groups. The system. By axing these programs the To- to include challenges CCP tacilithe Law Commission supported the modries have thrown the baby out with the to government legisla- NOT O~LY IS THIS HIGHLY ur-.,;- tated only those ernization, improvement and reform of proverbial bathwater. \v'lule the practice tion regarding equality the current laws through critical debate rights under the CharPRINCIPLED, IT WORKS TO UN- voices its leaderof the programs rna; have been flawed, ship agreed with, and consultation with citizens, academics ter. In domg so, the DERMINE THE SEPARATION OF and that there is of vital importance to the legal the\ were and practitioners. CCP over time has bes;stem. PARLIAMENT AND THE JUDICI- something un\X'hile neither of these programs was Without them, and programs and poli- come an unaccountperfect, their mandate was laudable and ARY. THIS CANNOT BE HO\X.' A principled about able, opaque vehicle cies like them, the legal system and the important: to connect citizens wtth the for advancmg a biased PROPER DEMOCRACY SHOULD OP- thle ~ovlernmhent se ectlve y c ooslegal system. Access to justice in Canada legislators run the risk of becoming too subset of special interERATE. ing to fund lanshould be of great concern to those in far removed from those they claim to est cases. It sorely the legal profession and in government. represent. A system of law that loses lacks any checks and guage and of its touch with the values and beliefs Rtsing legal fees, increased court filing equality right balances that might serve to guard it costs and the profound rise in the cost citizens IS one that puts at risk the basic against partisan decision-making. In ef- challenges (and only those types of chalof legal education - to name just a few engagement of a citizenry with its govfect, it has been given complete control lenges) under the Charter. Does this erning structures. of the challenges we currently face - conmean that Canadians do not have a voice It is for these reasons that the govern- over the distribution of public money for tnbute to the perception of the Canadian to exercise the1r rights under the Charter ment needs to ensure that people can Charter cases, and because interest legal system as one unaffordable to a in areas other than language and equality? groups who are reciptents of governgreat number of Canadians, and one that challenge the government's laws. It is ment funding remain completely confi- How can this be defended as anything fails to reflect their basic values and social ridiculous to assume that every single law other than the government selectively that a government enacts, as well as every dential, the CCP is completely positions. choosing which sections of the Charter single law already on the books, is rele- unaccountable to any external body for In allowing citizens an increased level are the most important to it? vant and reflects the values of all Cana- the funding decisions it makes. of access to the legal system, the CCP In a recent p1ece published in the These concerns surrounding the CCP dians. People from all parts of society gave citizens the Important prospect of Star entitled "An Axe that Toronto need access and input 1f a judicial system matenalized in Borowski v. Canada court rulings in their favour as well the Democracy" (linked to from the Harms is to avoid becoming the domain of the [1989], in which Joseph Borowski went opportunity to attract extensive media of Law website) Associate Dean Faculty powerful and wealthy. If the Tories to the Supreme Court to establish that coverage and political notice. As the avLorne Sossin contends that the cuts to would like to construct their own world section 7 of the Charter grants the right erage cost of a legal proceeding in trial the CCP were a product of the "imagiwhere no one questions their choices and to life to unborn children. The CCP decourt rises to almost $80,000 and the avnation of the social-conservative wing of their moral and normative values they nied funding to the pro-Family group erage lifespan of a Supreme Court case the Conservative party" and that the can annex a small island and create a dic- REAL Women to mtervene on behalf of extends to over a decade, providing citi"lack of transparency and the lack of a Borowski, but nonetheless chose to fund tatorship. zens with funding for a constitutional principled policy foundation to the cuts In the meantime, Canada should seek the Women's Legal Education Action challenge is not only practically impor[to the CCP] rruses concerns." Unfortuto construct a legal system that is open Fund (LEAf) to oppose Borowski's actant, but also symbolically important intion. Since Borowski, the program has nately, Associate Dean Sossin found it to all and responsive to criticism. sofar as it provides people with the belief consistently funded feminist and same- fitting to criticize the government for the that the courts are open to all. sex rights challenges but not those with CCP continued on pg 9

Mourning the CCP

Welcoming change

OCTOBER

17, 2006

LEGAL ISSUES

CCP continued from pg 8 lack of transparency tn its decision to cut the program, but glaringly omitted to acknowledge the well-documented lack of transparency in how the CCP has Itself been administered. Associate Dean Sossin's piece also fails to acknowledge any of the substantive concerns raised by such social conservatives, yet nonetheless praises the CCP for having "played a role m many of the landmark language and equality nghts cases that now shape those areas of Canadian law and define Canadian values of fairness and justtce." To Sossin, it appears as though the ends of the CCP justify its means- or in other words, the fact that the commission has contributed towards landmark equality rulings JS enough to overlook its biased leadership, unequal contributions to Charter debates, and complete lack of transparency in which it operated. To be fair, there is no question that the CCP in many cases has helped certain groups obtain access to justice that otherwise would not have been possible. In that sense, the program is not without merit. It unquestionably has made a meaningful contribution to Charter debates in Canada. That being said, its contribution has been sorely unequal, and that has to change. I remain hopeful that a future government will one day establish a more principled version of today's CCP: one that advances all of our rights under the Charter and docs not unfaicJy select the Interest groups it will and will not support.

KHAN continued from pg 7 under Article 247 (5). Under Article 247(6) only a Presidential Order can abolish a tribal area, but before doing so the President must consult the local people through a Tribal Jirga. Article 247(7) prescribes that unless Parliament specifies otherwise, Pakistani courts have no jurisdiction in the FATA. Up to the present day the writ of the government there has been nominal. Before signing the deal, the Pakistani army had conducted a major operation against Al Qaeda and Taliban militants in the area, and had lost more than 500 soldiers in the effort. The political cost was even higher: the Taliban militants are mostly Pashtun, and while many are drawn from Afghanistan itself, constderable recruiting is conducted among the more than 2.5 million Afghan refugees in Pakistan. There are also many Pashtuns in the Pakistani army which means that the soldiers on the ground are at times attacking people from their own tribes or ethnic group. The Waziristanis, although not necessarily supportive of the Taliban, are not necessarily opposed to them either. More importantly, they don't take kindly to being dictated to on what they see as an internal Pashtun matter. Nor do they care

9

MYTH continued from pg 7

law \.vas voluntary, with no sanctions. roomed in Pakistan due to the unprece- This toothless law had very little success dented state funding provided by Gen- and was overtaken by the horrific events of 9/11. eral Z1a ul Haq in the 1980s. A tougher response was requ1red in These students were to re-surface as Taliban leaders in later years. Thus the wake of international pressure and Madrassahs had been transformed from the answer was The Madans Reg:~stration Ordinance of 2002, announced on June low-proftle religious schools into incuba tors of revolution m one of the largest 19 of that year. This required registration conflict theaters of our time. This strat- and effective financial regulation of all eg} was successful; the Soviets were faced with their own Vietnam War, precipitating the collapse of their country. THOUGH ST\TISTICS \ \RY, IT IS The triumphant GS lost interest and left ESTI~1ATFD THAT THLRb \Rh Afghanistan in a hurry without reining in CCRRI,:'\TLY OVER 10,000 the lethal forces that it had helped to create. MADRASSAHS IN PAK1STAN Though statistics vary, it is estimated C \TERING TO ROUGHLY 1o/o OF that there are currently over 10,000 THE COUNTRY'S STUDENT POPUMadrassahs in Pakistan catering to LATION. roughly 1% of the country's student population. While successive governments after Zia tried to control the Madrassahs, General Pervez Musharraf alone had the vision and courage to confront their unbridled autonomy which was now turning into a growing national security risk. After less then a year 1n power and shortly before 9/11, he promulgated the Pakistan Madrassah Education (Establishment and Affiliation of Model Deeni Madaris) Ordinance 2001 on August 18th, 2001. As the title suggests it envisaged setting up a Board mandated to create "model" Madrassahs, guiding the existing religious school~ affiliated with them in a moderate curriculum and to adopt more vocationally-oriented subjects. But the

religious schools. No registered Madrassah could accept foreign aid, foreign srudents or appoint foreign teachers without the permission of the federal government. Unregistered Madrassahs would not qualify for public funding. The law was denounced as draconian by the Alliance of Religious Schools who saw it as the government's acquiescence to Western hegemony. As the resistance by clergy became intense, Musharaf delayed enforcement.

Madrassah in Pakistan. ;\11 foreign students in religious schools were ordered to lca\.·e Pakistan Further amendments were made in the Soc1eties Registration ;\ct 1860 laying down, this time firmly, that no Madrassah will be allowed to op· crate without getting registered and opening its account books to the government. The policy included zero tolerance for sectarian hatred and strict enforcement of purging Madrassahs of foreign fanatics. An exodus of foreign students followed. By ~larch 2006, of the 10,000 plus seminaries, 9,271 had complied \\ith the registration requirement. Much of present "Madrassah madness" is an urban legend which needs to be discounted in the face of mounting empirical evidence. A srudy in 2006 conducted by Fair and Bukhan of the United States lnstlrute of Peace concludes that "earlier assertions about the pervasiveness of Madaris appears to be baseless in the light of current and prev1ous research ... There is scant evidence that Madans contribute substantially to the recruitment of militants. This is probabl} because militant organizations, g~ven their relatively small manpower needs, likely have other recruitment options. Similarly, most observers believe that only a very small number of Madaris are involved in the actual training of militants." The Pakistani registration regime will bring long due reform, over-siv,'ht

The 7/7, 2005 London hombi.nv,s

brought tncreased pressure on Pakistan to ...Jet fa!it., .Js

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"-'a~ rc\ calc·£/ tl111t one of

the suicide bombers had visited

and t\nanc\a\ "'<:.'<u'l.\n"j \n tne \n\:onT\a\ '<C.-

ligious educatton sector and enhance natior1ul ~lnll glc>bJI.i ..-oc..:cun~'·

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if the1r lands are being used to support enough to believe that the pro- Tali ban hand, views the Indian-educated Karzai attacks on Western troops in tribes will stop supporting the militants. as pro-Indian and anti-Pakistaru for, Afghanistan, whom they see as illegiti- Other means are being used to counter among other reasons, his unwillingness mate occupiers anyway who have already their growing influence. But one wonders to recognise the Durand Line as the inattacked other Muslim countnes. West- what convinced hrm to make such a deal ternational border between Pakistan and ern powers have interfered in Afghani I with the militants, and at the same time Afghanistan. It is galling to listen to an Pashrun affairs before, with devastating allowed him to gain President Bush's en- American installed president whine condorsement. The strength of the religious sistently about Pakistan being unwilling effect. Given that a military solution has hardliners in Pakistan seems all too real to exercise control over FATA, when at the same time refusing to recognise Pakproven to be almost impossible, with a for comfort. More importantly, a real solution also istani sovereignty over it. real possibility of the conflict escalating At this point in time, responsibility lies seems to lie beyond NATO and Kabul into a mini civil war, signing a deal would solely with NATO. They need to do away of this insuras well. The root causes be the time-honoured way of resolving wtth whatever half-baked measures they the issue. The tribes would take collective gency, crushing poverty and political in responsibility for enforcing its terms and stability, have yet to be effectively have been implementing and start investaddressed. Any opportunity to generate ing substantially in Afghanistan. If the would be punished if they break them. The Taliban and their tribal allies have momentum in that regard, while the Tal- West invested just half of one year's so far abstained from attacking govern- iban were weak, was squandered. With worth of their combined military spendment forces and installations. This ex- the revival of the drug cartels and the ing into Afghanistan ($300 billion) it plains the relative peace in Waz1ristan, warlords, numerous otherwise divergent would constitute 10 times the annual but has also led to what some NATO of- Afghan groups have temporarily banded GDP of that country. Why spend years ficials believe to be a tnpling of militant together to fight NATO, making isolat- battling militants when investing a small ing the implacable enemies all the more part of that would tackle its root causes: activity in Afghanistan. poverty, ignorance and instability. The difficult. If the deal was exclusively with the Pakistani government is doing what it Hence the increasing friction between Taliban, it would be unprecedented, albeit still necessary. It is important to re- the Afghani and Pakistani government. can. It has realized, unwillingly, that withmember that Waziristan has not been Hamid Karzai knows all too well the im- out engaging the Taliban politically abandoned to the Taliban. Trying to potency of his own government and the within Waziristan it cannot have peace. pacify or convince dozens of different complexity of the siruation at hand. Unactors with often conflicting agendas has able to criticise the hand that feeds him, proven to be beyond Islamabad's pres~nt the only scapegoat he has is Pakistan. ability. Nor is President Musharraf n:uve The Pakistani government, on the other


OCTOBER

Ne\\' Professors, OCIS, First Year Sun'CJ1 OCIS, HallO\ve'en, OCIS, \florking Out, OCIS, and more...

fEATURES

First year class: single, motivated, Batman-crazed ,\1ARJ \ ZEl.DI~

E\·en September a couple hundred bright mmds gather at the Cruversity of Toronto for their first year of law ~chool. They arc the future of our society, our nation. \Vho arc they? What are they thinking? Arc any of them single? \X'e decided to find out. Our First Year Survey elicited some noteworthy responses. For starters, most of the first years are great people (at least that's what 60 per cent of them think about each other.) An overwhelming majority (78 per cent) also believe that they are at the best law school in Canada, and some even think that our school is right up there with Harvard and Yale. This high regard for the institution might explain why 68 per cent consider high tuJOon to be a fair price for their education. Some would even be willing to pay more 1f tt meant they would receive a daily servmg of Code's Legislative Sausage.

But now onto the juicy bits. About half of lLs are single, and about half of those are looking for a special someone here at law school. In other words, a quarter of them will be crestfallen with regret the morning after Halloween.

It would probably be better for 1Ls to focus on their studies rather than their social h\eS, as almost half of them expect to score in the top 30 per cent on exams. Right now, only 4 per cent are studying every waking moment, so they

better start kicking it up a notch or there will be some disappointment come Apru, not to mention when the 36 per cent who want a big firm job end up working at Wal \tart this summer. Perhaps the most illuminating responses came from our question asking which super hero 1Ls admired most. The top chOice was Batman: a man who lives in a cave surrounded by h1s computers. But no, Batman is in fact a strong, brilliant, dark character who fights for justice. What is actually disturbing is that Lord Denning beat out Superman, Wonder Woman and Spiderman for second place. Tied for last place were Hamish Stewart, Albert Yoon, Aquaman, Jesus, and "my mom." These responses are reflective of the makeup of the class of 2009-mostl} cool, with an interspersal of nerds, and a few wildly eccentric characters here and there.

www.ultravires.ca

"On the Nature of Pigeons and the Fastidiousness of

An t:.:mpt from Jbe 5tcond Cbapttr- lt"1bert tbe Muthor positions brnmlf.

\

RLADLR, you have before you the beginmng and end of a discourse concerning the nature of Pigeons [1] and the Fastidiousness of French Women; PrO\·idence and courtesy compel me to explicate both the nature of my chosen subjects and the bonds which fasten these ostensibly disparate phenomena to each other and the two to the whole of '\;aturc; this will be undertaken however, 10 a measured and, in the opinion of some, a tire~ome manner, yet, as is often the case, Truth, if not properly meted will fail in its ascension to the firmament and the mind of man; the answer to Aquinas' Utrum veritas sit fortior inter vinum et regem et mulierem is an emphatic and resolute yes, given enough time. One only needs to observe a Pigeon to have impressed upon their senses an enveloping miasma of revolt and pity; their physical traits demonstrate an obvious default of character; poor plumage, hardly amenable to flight (as if the Heavens themselves have ensured that the ex-

tent of their proximity to the Him only extend to w h at is n ecessary for the m to

con tinue breeding); lim ited vision and thought capacity [2]; and their colour, grey, which while as viscerally ghastly as the rest of their appearance and is in and of itself sufficient to justify the assertion that they lack the good, reqwres further elaboration, as it demonstrates that not only do they lack the good, but that they are evil; as a scapegoat is to bear all the iniquities of man, so does the pigeon; their grayness, the lacunae of both will and its manifestation allow all of man, and his heap of broken images, dead trees, and dry stones, to be impressed upon them; whether the Pigeons' fearful dusty colour IS a result the aforementioned process, or renders the Pigeon susceptible to it is of little consequence, as we are merely concerned with the effects. Regarding the Fastidiousness of the French \'\'omen, one must first define ... (I) The astute r<-adcr may n<>U<e that there ts no need, extgcnt or otherwise:, tn capttalizc: pigeon I, guided by cnrutdc:rations for the reader, have chmen w do so as that tgnomtruous s~ctmcn nf fauna (Columba lwia) is the: subwct of our dtscuunc:, and tt would behoove one to usc: $UCh techniques a$ punctuation affords tn keep the sub1ect at the forefront nf our discusston. (2) Reade" fa.mltar wtth mr other w-orks, namclr, On the COj,tnltl\e Capactty of the pcopl.,; of the Urais and the: need to tncreasc the wtdth of moats 1n the lower Kingdoms, w11l understand thts •"c:ruon; for the unacquainted the Ptgeons !Jmited thought proce'S 1s made mantfest in the pmiuon of their eyes reutive w their beak, <pcctficall)', that the a~x the of triangle, with points at the aforementioned feature:-, has an angle of less than eighteen degrees..

Up Close and ersonal with rofessor lim Phillips P rofessor Jim Phillips is considered by many to be the " buffest prof at U of T Law." As we found out, this is a tide which Phillips has worked hard to earn. JOSH

SL Tlll RLAND

\:'\0 MARIA

/.1 LOIS

osh/Maria: You were spotted working at Hart House. What is your workout

Phillips: I'm m ostly a cyclist. 1 used run and play all kinds of sports. I even to play o n the law school soccer and we won the championship. I do weigh ts. I don't enjoy doing 1we 1o-hts but it's good for you. I prefer to o u tside but when I get too busy or it too cold, I go to Hart House. /M: W hat music do you listen to when working out? Folk m usic actually. Traditional ScotIrish . A fast fiddle tune has a good

rivtng rhythm. The Rankin Js family good. J/M: What IS your favourite muscle? Why? JP: 1 guess ....:o.---1 have to be .,.,__..,..~.--·-,-~"'careful how I answer ... I would say the calf. Because cyclistS build up their calves and that's where t h e i r strength is. J/M: How has your rigorous workout regime contributed or detracted from your prolific law career? JP: I think it contrib utes by giving me energy. I feel much more productive after a workout. It's also a question of balance. You can't spend all your ume in the office, right? J/M: When do you work out (i.e. when can we go spy on you at Hart House)? JP: After lunch or after 5. I'm an early riser but I don't like to work out in the m orning.. H aving said that , wh en l go

ULTRA VIRES Ul tra Vires is th e in d ep enden t s tuden t n ewsp aper of th e Faculty of Law at the University of Toronto.

E ditor - in - chief Stephen Birman N ews Editor Steven Werier Opinion and E ditorial Meghan Riley Legal Issues Jonathan Song Features Jordan Nahrruas Diversions Dave Seevaratnam Production/Creative Directors Kate McGrann and Britt Braaten Business Manager Josh Lavine IT/Website Managers Austin Acton and Sam Ault GamesMaster Yael Bogler Copy Editors ~\ndrea llasenbank and Sharon Silbert First Year Content Maria Zcldas Conlributers

Make your mark. The Toronto Student Expenence. • N~

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riding with my cycling club, we go riding J/ M: Do you think chocolate milk is the tainted milk with blood in it tha in the cool of the morning. been dyed brown so it can be sold? J/M: Do you race competitively? JP: It never occurred to me. And 1 JP :Last summer I competed but I didn't about the person who asked this win. I came 12th out of 45 but they give you an age adjustment so then I came cion. 7th. I've also done the indoor triathlon J/M: What sort of diet do you follow · at Hart House with the law school team order to sustain your hard core work· (which consisted of me and two stu- outs? dents). I hold the biking record! You'd JP: Frwt and vegetables, not too thmk these young kids would be able to red meat and . . .. BEER. J/ M: Do you admit to accusations th beat me. J/M: What sort of exercise routine you take metabolic steroids? wou\d you recommend to young legal JP: ~o! But 1f proof is found then I someone put it in my drink. scho\ars such as ourselves? JP: I wo uld suggest bicep curls with th e J/M: What do you do in the few s income tax act. That will really test you. moments when you're not working working out? J/M: Would you support the construc- JP: Right now I'm learning to sing. I read and watch TV but not the kind tion of a gym in the faculty of law? JP: No, I'd like to go somewhere else to shows you watch. l like mysteries and exercise. Plus, Hart house is close Feet Under and sports like the Tour enough. I would, however, support the France. construction of a shower. That would be And that, in a nutshell, is Professor a good idea. Jim Phillips. For more information J/M: Is your intense workout routme m you can attend a Section one or Sec preparatJon for your role as Batman in tion two property class, or better yu the upcoming sequel? purchase a ticket to the upcoming J P: I'll be ready when the} call me. A1 Batman sequel. though 1 think batman has too much spandex even for me.

www.fasken.com FASKEN ~ For information contact:

Sally Woods

Ultra Vires is an editorially autonomous newspaper. \X'e are open to contributions which reflect diverse points of view, and our contents necessarily reflect the views of the Faculty of Law, the Students' Law Socie~ (Sl..S), or the editorial board. We welcome contributions from students, faculty, and other mterested persons. Ultra Vires reserves the right to edit contributions for length and content.

wrverw~~ "'~"' JM lvrve

lm rf,Jr~t f"'}'le

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FEATURES

17 2006

Director, Professional Development 416 868 3468 • sallywoods@tor.fasken.com

MARTINEAU '

Y

FMken Mortineou DuMoulin LLP Borristers ond Sol;aton Potent ond Trode-motk Agents

r or liquor? or Brunettes? or Red Sox? •l'ea~ve1rs or Flamingos? or West coast? wing or Right W ing? o r Plaid? o r P racticing? .-;::,ecnon 1 or Section 2? . ......, ......... J<.

I do11 ~ k11ou• uho th~J art (Editors You can't be serious) botb? Bur "\o commml

&d 5axBta£'trJ I g11m?

That's hard.. . I g11m east. Left PLAID Teaching Both this)tar

do you con sid er to be your Advertising inquiries should be sent to the attention of the business manager at ultra.vires@utoronto.ca. The next issue Will be published on November 21, 2006 and the deadline for submissions is November 14,2006. The submission limit is 800 words.

personal asset? The

-~·v~''"'u body, the suave accent, the Dtfinite!y m)' sharp fashion sense. fas hio n sen se?


12

FEATURES

ULTRA VIRES

Trials and Tribulations Challenging the Cuffs of Expression in Uganda make to the case. Partnering with Good- tcrest work in Kampala at the time and mans LLP's Tom Friedland and Ben %ar- would be able to attend. Back in Toronto, RAN GOF.L nett on the case, the Clinic led by Prof. the student team of myself and TJ. RidNoah '\ovogrodsky was retatned to sup- dell (06), supervised by Pro£ Novogrod The mysterious death of a Vice-Presi- port M~enda's constitutional challenge sky and Mr. Friedland, feverishly worked dent, an tnsulted President, a jailed jour- in l'ganda's courts. The Clinic and to prepare our final memos and authorinalist; thus began the International Goodmans would provide international ties for Mwenda's legal team. Human Rights Clinic's foray into public comparative legal research on sedition Theda) of the heanng brought with it interest litigation tn Uganda. and would help mobihze international three generous servings of bad news. The facts are as intriguing as they awareness and support of the constitu· First, further emphasizing the salience of come. In July 2005, after a twentytwo year civil war in neighbounng Sudan that cut short two million l.tves, a peace deal was finall} brokered between southern Sudanese rebel groups and the Khartoum government. The agreement appomted rebel leader John Garang, an ethnJc Dinka, as Sudan's VicePrestdent. Barely three weeks into his term, he was killed in a helicopter crash under ctrcumstances that arc still unclear. Garang was returning from discussions with President Yoweni .Museveni of Uganda and had been using the Prestdent's helicopter and crew. Enter Andrew ~fwenda. The thirty-something outspoken Ugandan journalist publicly speculated that the c.rash was c.aused by the

Ugandan government's negligence. Referring to media outlets enter·

raining such views, President Musevcni said: 'If they want to continue doing business in Uganda, Rachelle Dacktnson, Alex Rez1de, Ran God they must stop interfering in security matters.' Spealong on his popular Kflf radio show a few hours later, tiona! challenge. .Mwcnda called Muscveni a coward and This support would become even criticized the government for having put more useful than originally thought. In Garang on 'a junk helicopter... at night ... ~ovcmber, the prosecution added 15 tn poor weather... over an insecure area'. counts of 'promoting sectarianism' to kFM was subsequently shut down and Mwenda's charge sheet. Unlike sedition, Mwenda arrested on sedition charges which our research quickly established whtch carry a potential five-year prison had been Judicially overturned, legislaterm. tively nixed or fallen into prosecutorial Under Uganda's penal code, seditious disuse in dozens of countries, the prowords are those uttered 'with the inten- moting sectariarusm challenge would retion to bring into hatred or contempt or quire a significantly more nuanced to excite dissatisfaction against the per- approach. Although overbroad and defison of the prestdent.' Dating back to the cient in many respects, the objectives unStar Chamber of the sixteenth century derlying the promoting sectarianism Tudor era, sedition has enjoyed an illus- provision were compelling and had intrious history as a governmental tool for deed been pursued by many countries in silencing opposition. In response to the eluding Canada through hate speech charges, Mwenda's lawyer launched a criminal laws. challenge to Uganda's sedition laws Meanwhile, the importance of the peunder the 1995 constitution. After tition was highlighted by very serious inMwenda spent a defiant weekend in jail fringements of press freedom by the ("neither jail nor intimidation will stop government leading up to the March me from exercising my right to free 2006 presidential elections. In late Febspeech"), the court released him with bail ruary, the petition was finally scheduled pending the constitutional challenge. to be heard for March 9th. Due to the Henry Ojambo, then a doctoral candi- short notice and funding concerns, no date at the Faculty and a former col- one from the Clinic would be able to atleague of Mwenda's lawyer, James tend the hearing. By a stroke of luck, Nangwala, immediately recognized the Goodmans associate and Clinic alumm unique contnbution that the Clinic could Rachelle Dickinson was doing public in-

the petition, Canadian journalist Blake Lambert was expelled from Uganda for his criticism of the government in a series of international media outlets including the Economist, the Christian Science Monitor and the CBC. Second, the prosecution mounted a preliminary objection, based on an obscure procedural technicality to how the petition had been fi.Jed. Third, the hearing was adjourned because the Constitutional Court was inundated with election-related petitions by Museveni's longtime archrival. In the months after the adjournment, at least two other journalists were charged with sedition and promoting sectarianism. On September 11th, six months later and a year after I had been assigned to the case, the Clime qwte suddenly received notice that Mwenda's hearing had been scheduled for September 25th. A quick conference call was arranged and it was decided: Goodmans associate Rachelle Dickinson and myself would travel to Uganda to attend the hearing. With only a few days to spare and supported by the Acting Directors of the IHRP (Sarah Perkins) and the Clime (Darr}l Robinson), we made arrangements for the visit and contacted nongovernmental organizations and media

to raise awareness. Planning was made all the more challenging by the difficulties in communicating with the legal team in Uganda due to limited access to email and daily power outages. Uganda reserved more surprises for us, some of which were pleasant: the warmth of the people, the fascinating markets, the one ofa-kind motorcycle taxis. The other surprises were less so. I arnved first and met \Vith James Nangwala, the lawyer who would argue the sedition petition, and Henry Ojambo on Saturday morning to review the case. It turned out that a similar petition was now awaiting a hearing. If Mwcnda's got adjourned again, there was the distinct possibility that the other petition would be heard first. Moreover, the prosecution was still stubbornly pursuing its preliminary objection. Both these concerns were overshadowed by the shadows under 1 angwala's eyes: forty-eight hours before the hearing and he was not feeling well. In the meantime, several organizations expressed mterest in attending the hearing to show thctr support for Mwenda's pcti twn. R.tchcllc landed on Saturday mgh t and we nailed down our pre- and post-hearing strategy in terms of raising awareness amongst ~GOs and media. The next mormng, we received the bad news: Nangwala was seriously ill with a bout of malaria. He would not be able to make oral arguments. In light of this unfortunate development, it was decided to request that \\'Otten submissions be made mstead. Assembling at the Constitutional Court on \1onday morning, our faint hopes that Nangwala would stage a miraculous recovery were dashed. Moreover, the court refused to accept written submtsstons until the matter of the preliminar> objection was settled. The hearing was adjourned yet again. At the court we also found out that the other petition was scheduled to be heard on October 12, thereby confirming our initial fears. Should Mwenda's team seek consolidation with this petition? Should tt seek adjournment of the other petition? Or, should the other petition be heard at the risk of setting a precedent that would potentially preju dice Mwcnda's now delayed petition? Find out in Part II of this series.

OCTOBER

17, 2006

Dress to Impress: Shopping for a Suit in Toronto YAELBOGLER

So now that the first round of OCIS are done, it's time to think about what to wear to your second rounds. I must say that everyone looked great in their suits, so this shopping advice may be coming a bit too late. However, for those of you that are looking to buy another suit be·

FI· \TURLS Their tie collection is fantastic (it's my favourite part of going shopping there!) If you have the budget (or win the lottery) and are looking to invest in a suit that will last for a whtlc, this is a great place to browse.

Club Monaco {Guys and Girls) Club Monaco's suit line is classic and re peated throughout the year, so if you want to add a piece or two to your suit (such as a skirt) you will be able to match it all together. They do not have a great selection of suits; it's usually just the same cut in several different colours. '\Je\ertheless, their prices are very reasonable and the salespeople are willing to help and are honest in their opinions of how things loo on you (I mean, they said everything looked beautiful on me, so they must be brilliant). Banana Republic (Guys and Girls) This American classic has a decent collection to choose from for both men and women. They have pinstripes, black, charcoal and grey, and all in several different cuts and styles. They also have a petite co\\cc-

tion for those ladies who are looking for

tween now and second rounds, this little blurb may be of use. Buying a suit is a daunting task. Luckily enough for U of T students, Toronto has a plethora of locations where one can peruse the racks for that special suit. I went shopping with a few friends for OCI inter\'iews as well as for myself, so although I am not a fashion expert, I hope m} adventure can pro\ ide some in sight into where to buy a good suit.

that. In terms of pricing, they fall into the middle range. Their salespeople are generally not that knowledgeable, so I would suggest bringmg a friend with you to give you advice. I am free on Mondays and Wednesdays from 10 a.m. until6:25 p.m.

Mexx (Guys and Girls) Although I am not one of their regular with a friend

name all ten provinces). But. for the price and cut you really can't go wrong.

Holt Renfrew (I only visited the women's department) If you arc looking to spend and make a serious im·estment on your suit, then f lolt's is a fantastic place to shop (Espectally since you walk away with a hot pink shopping bag!). With labels such as Teen flo, Theory and thetr own pmatc brand, there are more than enough black power suits to go around. The salespeople are qutte knowledgeable in those departments and you will be able to find a suit that is appropriate for you. Like Harry Rosen, the suits do not come at a bargain pnce, so do not be shocked when you look at the price tags. And don't ask if the pockets come lined wtth hundred dollar bills.

grey and brown. Uke Club ~lonaco, they tend to repeat their suits, so if you want to add cropped pants or a skirt, you will be able to do so. Remember, at the end of the day you must feel comfortable in whatever you buy and wear to your interviews. Good luck!

The Epicurean Advocate Cooking for one and loving it! SHARO"J SILBERT

"lf)'Oil decide to go through lift witbout cooleing you are missinl!, sometbing t•ery, very special. ) lm H & M and Zara (Guys and are losinl!, out on one of tbe greatest pleasures Girls) you can bat•e witb)'OIIr dotbes on." Euro-chic at a decent price is what these -Nigel Slater stores arc known for. Zara has a range of suits to choose from and my fnends who People who don't cook often think fit into their cut rave about the quality preparing a meal is comphcated and and the price. time-consuming. \X' hy bother cooking, H & ~1 also has plenty of swts and the espcctally if you live alone? Cooking for price is hard to ignore. Although the one can be simple, quick and ,·irtually efquality of the suits may not take you far fortless. The most important thing to reinto your career (they should at least be member is that you can do an awful lot good enough for the first week), if you with \Cry little. Good food needn't be arc looking to just add a second suit for complicated or pretentious. It requires \imnc change this may be a great place to only two basic elements: quality ingredistop. Their stores are large and someents and thoughtful preparation. times it is difficult to tind '1<-aiuablc help As law students, it is easy to get but it is definitely worth a try. trapped in the realm of the cerebral and forget our senses. Cooking can bnng you Femme du Carriere (ladies back down to earth. D on't be shy about Only) This store is tailored to the working taking your mood into consideration woman, which will be some of you soon when putting together your meals. After enough. They have a great selection of all, the purpose of food is to nurture. Hanng the right ingredients at your sutts to choose from, the only problem is pickmg out the ones that are contem- disposal will make cooking much easier porary and not geared towards middle- on a daily basis. Stock your cupboards aged women. It is on the mid- with the essentials. These include: to-high-end of the pnce range, but they Salt and pepper Garlic Ontons

Tom's Place {Guys Only) After spending an afternoon in Kensington Market \vith a fellow classmate, I discovered Tom's Place (although apparently it is a Toronto landmark - who knew?). The owner, Tom, is quite a man with an incredible selection of reasonably priced and good quality swts as well as a great selection of ties. At Tom's Place, the salespeople are friendly and are \villing to strike a bargain with law stu· dents in the hope that we become life long customers. Harry Rosen Shopping for a suit at Harry Rosen is an experience to be had. The salespeople are very knowledgeable and jump at the op· portunity to help you out and if you are lucky (or rich) you can even get a delicious cappuccino while you try on suits.

13

Lemons Olive oil Canola oil Good balsamic vinegar Pure maple syrup f Ioncy Dried pasta (De Cecco is by far the best)

Soy Sauce from school for a suit I found this store have plenty of sales so it's worth a stop to be a great stop. Their suits are great into the store. quality and looked amazing on my friend. They had several colours and cuts to Aritzia (Ladies Only) choose from. The salespeople are not as Just a brief note about this store: they knowledgeable as with some of the other have a couple of decent priced suits from stores (case-in-point: ours couldn't even their signature line, "Tallula," in black,

Canned Tomatoes Rice (Arborio, sticky rice, basmati) Parmesan Cheese (a nice big block to

COOKING continued on pg 14


14

FI~\TURFS

recipe exactly but it doesn't quite taste right, ask yourself what it needs. If it needs more salt, add salt. If you like it spicier, add spice. There are no hard and fast rules in cooking, especially when your only audtence is yourself. Have fun wtth your ingredients, and don't be afraid to try new things.

COOKING continued on pg 14 shave as needed) Chtckcn or \'egetabk Srock (this is now available in cartons, w htch are extremely convenient and can be refngerated after opening) Sptces: oregano, basil, hot pepper flakes, cumin, curry powder, bay leaves, etc. Rectpcs arc not required. The biggest mtstakc made by inexperienced cooks is to ihmore their senses. If you follow a

Saad 'McDreamy' Bachelor of the Month

ULTRA VIRES

The following seasonal recipes are simple to prepare, and perfect for a single dmer. If you have the pleasure of company, they also multiply well to serve a crowd.

·----------------------------------

I I 1 October Recipes I I Maplr-ghzrd Saln'o'' I

I I I I I

r

t salmon fillet (150 to 200 grams, depending on your appetite) '14 cup maple syrup 2 tablespoons balsamic vinegar

2 tablespoons soy sauce I\.ame: Saad Ahmad Salt and pepper 1\ge: 25 Saad, who describes himself as "fresh off the boat", mo\·ed to Canad:~ just m·cr two years ago, a mere fortnight before starting law school. Hailing from Pak\!'tan, he was born in .\bu Dhabi (where Garfield sent '\Jermal), one of seven sheikhdoms comprising the l!nited \rab Emirates (the C.A.I . Saad grew up (for the most part, in the U.A.E., and managed to live in four of those emirates (which, oddly, arc sheikhdoms - a sheikh and an emtr are different... somehov:...). I Ie also lived in Karachi, Pakistan for 2 1/2 years, and his parents claim he had a 6 month stint in London, England as a 2year old. Saad cannot remember this particular abode, but is certain he must have eaten a lot of beef while he was there. Feanng CJD, the L.S. Red Cross won't take hts blood. fearing Saad, t\orth America's cows are rumoured to have arranged a hit by a 3 ton bull. Saad ate the bull, medium rare. 1\fter graduating from Indiana University, he (Saad that is, not the bull), moved to the suburbs of Chicago, Illinois, where he dtd "tech stuff" before moving up to the Great White North. Obsessed with Hoosier basketball, he has only watched one hockey game from start to finish (a Blackhawks game at United Center - spelled "er"). Should any of you wish to remedy th.ts, Saad will be glad to accompany you to a Toronto Maple Leaf game. Glad. '

Lemon wedges Preheat oven to 400°E Combine maple S)Tup, vinegar and soy sauce. Place fish into a shallow baking dish. Drizzle with marinade and season with salt and pepper. Bake for 10 minutes, then baste fish with sauce. Continue to cook for an other 5 to 10 minutes, depending on the thickness of the fillet, until it flakes easily with a fork. Serve with remaining sauce and lemon wedges.

S/l'eel Potato 'Hites' 1-2 S\vect potatoes Canola oil, for frying Salt and pepper Cut sweet potatoes into thin slices. Pour enough oil into frying pan to fully coat bottom. Let oil heat up for a minute or two, then cook sweet potatoes on 1 medium-high heat, rurning as needed, until dark golden brown on both sides 1 (around 4-5 minutes). Remo\·e from pan, drain on paper towel, and season with 1 salt and pepper.

our success starts with our students

I I ~11t11nm Salad I I I I Mixed greens I I r\ handful of pecans, preferably toasted I I Goat cheese I I Sliced apple or pear, sprinkled with lemon juice to avoid browning I I Salt and pepper I

www.fmc-law.com/careers

For the dressing:

2 tbsp. lemon juice 5 tbsp. olive otl

2 tsp. honey Saad Ahmad ts October's Bachelor of the Month.

The ftrstthm eligiblefemales to email 11.r at tlltra.ttim@lltoronlo.ca will receiz•e a 10 dollar Starb11clu Coffu Card to be used to tah Saad on a 'Coffee Date.'

Combine lemon juice, olive oil and honey to make dressing. Toss remaining ingredients together in desired quantities (tt's impossible to mess this up). Add dressing to taste. Season with salt and pepper. Leftover dressing can be kept in the fridge for about a week.

FRASER MILNER CASGRAIN LLP

&cipt rtquesi.I ore al»'f!)'J welcome. Email them to llllm.t'ires@utoronto.ra.

·----------- - ---~-- - - - -------------

MONTR~AL

o

OTTAWA o TORONTO

o

EDMONTON

o

CALGARY o VANCOUVER

o

NEW YORK


16

ULTRA VIRES

FEATURES

OCTOBER

17, 2006

Features

Hallowe'en Costumes

Ask Dr. Ruthie

Tricks and Tips for the Halloween Enthusiast L\!>;CE P.\TOS

Dr. Ruthie answers your questions about contraband, OCI love, overcommitment, and intimidation

RUTHIE \X'AHL

Dear Dr. Ruthie, Dunng m} OCI interview, our comersa· tion turned to casual drug use. Do you think this was too casual of a topic, and therefore weakened my chances of a job? Or, do you think this indicated some comfort on the side of the interviewer, and thus bettered my chances? Keep in mind, they arc the ones who brought it up not me. Smccrcl}, Concerned pot-smoking law student Dear Pothead, Before discussing the amazing spliff you rolled last weekend in an OCI you might consider ''hat kind of image pot-smokmg com·e~·s \\ htle everyone loves Bob Marley, potheads are notorious!} slow and lazy ... not qualities big Bay Street firms arc looking for. If you had casually mentioned that you are a speed freak, then maybe you ~ould have been given an offer on the spot. Best advice, change the subJeCt and then look for extraordinarily long pinky nails on the associates' fingers. keep It Ganja free, Ruthie D<:ar Dr. Ruthie, One of my OCI interviewers was quite flirtatious ,,;th me during my tntervie\\: To be honest, I really liked her. I knO\\ it might not be the most professional move, but I was thinking about ap proaching her for a date ... can I do that? Thanks, Recruiter Lover

OGILVY

Dear ltchin' for an Office Romance, \X'e all know the danger of peeing where you eat no matter how much you want to dtp your nib in the company ink. Some people are just naturally flirtatious and chances arc this recruiter lady is making lots of anxious interviewees all warm and fuzzy. I think that for now it's best to focus on getting a job. Once you get an offer from another firm, take that hefty second summer salary a little tn advance and ask her to go somewhere great. Sorry for the cold showers, Ruthie

RENAULT Dear Dr. Ruthie, I am currently a first year student, and as expected, I am totally overwhelmed with what is going on in this place. I signed up

Dr. Ruthie, Often, guys arc intimidated when they hear that I am a female law student. I never had trouble getting guys to like me in undcrgrad but nO\\ they seem to run as soon as I tell them that I'm going to be a lawyer. How do I shake the successful woman baggage?

Ever) Halloween a dilemma arises: What should I be for Halloween?" Everyone attempts to be noticed; to etch ourselves into the halls of Halloween history. But you must tread the line between generic and obscure; between unforgettable and outrageous; between a costume and a legend. Bemg forgettable is not the end of the world, but if someone has to ask you what your costume is, you might as well shrink back into your shell, Jnto that safe zone where Halloween stopped being cool. If you are unsure of whether or not your costume makes the grade, check your archives of Full House or Home Improvement. If your costume was ever featured by one of those shows' characters, you're in trouble. Avo1d the pitfalls of dullness: One of the most generic costumes is the cowboy. In theory, the cowboy embodies the epitome of coolness and ruggedness. However, it also seemed 'cool' and 'rugged' to the other twenty cowboys who could not think of anything better. Also, if you have any consideration of authenticit}, you had better make sure you smell. A cowboy, by his

Thanks,

nature, ~pcnds most of his time outdoors

for a bunch of stuff during 0-Week, and now that the work is starting to pile on a bit, I am freaking out. Is this normal? Should I abandon my extracurricular interests in favour of my academics? Help! Sincerely, I irst year with a pending heart failure

D ear Pending Card1ac case, Talk to I ladtva t\edd Rodenque .. .I don't do that much stuff around here. For no\\, try to chill out until March/ April, that's when things start to get hairy. Good luck, Ruthie

on a horse. Transference of that less- cording to the Nattonal I iallowecn Costhan-appealing aroma is inevitable, mak tume Ranking Database, this kind of ing the cowboy costume both boring and costume guarantees a two-point bump disgusting. on a scale of 10. And Going as a ninja for while it artificially Halloween remains a boosts the shock and 01\IE OF Tf IF \10ST classic for two reasons. awe factor, simply beFirstly, it's eas} - dressing GEN£ RIC COSTUMES IS THE cause t,)Uys are stupid, in black from head to toe COWBOY. 1'\l Tl II~OR\, TilE it's nothing but a will do the trick. More CO\X"BO\ h.MBODII S THE cheap trick. It also reimportantly, runjas are inforces the idea that cPITO\fE OF COOl .Nl.SS cool. However, there's you're just a woman one huge fla~. No self- .\NO RL'GGI .DNT-:.SS. HO\\- with a small brain - a respecting mnja would EVhR, IT ALSO SEEMT D brain a third the size ever reveal his or her 'COOL' AND 'RUGGED' TO of ours It's scJeoce presence. That's the first THE OTJ IER 1WENTY COW- and I feel fatrly confi lesson in the ninja handdent that none of you BOYS WJIO COULD NOT book, or at least that's ladies want to support what I learned from Bat- THINK OF ANYTI liNG BET- that idea. (hditor's man Begins. So how do TER. ALso, IF YOU HAVE note: female readers we rectify the situation? may feel free to disBe a good ninja! In fact, ANY CONSIDERATION OF agree) tf I don't see you at the AUTHENTICITY, YOC HAD And please do avoid Halloween Party, I'm BEITER M.\K.E SURE YOU the perenmal catgoing to assume you woman. Why would SMELL went as a ninja -- a really anyone want to go to a good ninJa, that is. Halloween party as a Unfortunately and maybe fortunately freak byproduct of genetic mutation? 1t for male readers, individuals of the fairer didn't work out so well for the Elephant sex can generate a 'decent' costume by }.\an. Cats are generally anti.-social aniwearing a\mnst anything rcvca\ing. 1\.c-

Sooo Not a Man-cater Yo Girl, I can relate. Seems like the guys you are going out w1th need "cojones" implants. Here are some suggestions of things you can tell them that will make them love the fact that vou arc getting your JD. 1) You have les~ time on your hands than an ordinary person which means that they have more time for sports, poker and other smelly male hobbies. 2) \'\"hile he may be intimidated by a dominant woman across the d1nner table, he'll probably love it in bed. 3) If your buddy has cash flow issues, you'll be able to buy your own engagement ring. If all else fails, dress up as a sexy nurse for Halloween. Keep on struttin', Ruthie

S md]OUr questions to ultra.z•ires@utoronto.ca To confirm the legall'alidity of the abol't re.rpon.res, it must be noted thatthry were craft~d under the intmse mpen·ision of Madame fustrce Michelle (2L).

17 event nor he a plt.-asant guest if forced to attend. You might as well go to the party with a giant sign that reads, "F#S% You!" And if that's the mcssag~; you want to send, then by all means, this is the pcrfc:ct costume for you. Some allegedly helpful suggestions: Recent trends indicate that 80's pop culture is a fantastic source to draw from; actually, any pop culture reference tends to go over well. As aspiring lawyers, some sort of legal t\\iSt to your costume is also appropriate. Puns are also quite popular. Convert a cowboy into Clint Eastwood; a ninja into Chris Farley. Convert a !asci\'· ious female into Beverly i\ld.'lchlin or a feminine feline into a dangerous dog (we all know dogs are better than cats). Perhaps these ideas w1ll help some unfortunate souls turn the corner. Just remember your main goals, be recognizable and memorable. Personal!}, I think I'll go as Angela Lansbury - she's a law unto herself and the reason I came to law school.

ma\"' and they would nC.'-'Ct: attend a '-<)c\a\

Outstanding Opportunities .

0f

the Year 2005 ian Law F•rm . ·a\ Law Review ternationa.Lf mane•

-

nsecut

·

'"e vearS ~ ct \ce

d fOr s~~s-\itigation llra Ran\<e-c.~on ·n\oronto? ~ tne '" ... .f-irms '-

as hulr' ~mon9 \ead\ng" - - - -

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te)(~ert

Exceptional Colleagues We're always proud to be recognized for our many awards and special achievements. But what's really important to note is what our students say about Torys: How our collegial environment - one that brings together individuals with diverse backgrounds, personalities and styles - creates an atmosphere of friendship and team spirit. How our dedication to professional excellence and a client roster of prominent Canadian and international corporations provide an exceptional platform for learning and professional growth. To find out more about what Torys can offer you, please call Deborah Dalfen, Director, Student Affairs, at 416.865.7544 or visit our website at

www. torys.com


0 CTOBI .R

17 2006

Michael Code

ANITA ANAND It'l

teaching secuna

regula

aon and bankruptcy law, n r her research on law and econollllcs that ma be the baggest challenge for Professor Anand It's figuring out how to bring comedy to the

"I think I ve got them laughing now," Anand says. "But those first few classes ... Oh dear." Professor Anand comes to us from the altogether un-comedic Oxford, Yale and Queen's UnivcrSIUes. She has an extensive rese2teh background. She's received over $258,000 in research awards and grants for proJects related to everything from corporate governance to regulating capital markets on the Internet.

Anand has been teaching for over seven cars, mainly at Queens law chooL Though twas difficult to leave friend and students tn Kingston he admits Jt was the best move for her. ' One of the mam rea ons for corrung here was the different di recaon that my research has taken over the past four or five years to Jaw and economics," Anand says. "U of T has the leading team m law and economics so it was an obVIous fit." If she can't kill you with laughter, she'll kill you with kindness. AU proceeds from the required textbook she co-authored will be going to a U of T charity her students will help choose. That's no joke!

\X' fl O

IS YOUR FA\'Ol!RlTE TEI.EVISIO:'\ l.A\XYLR 1\ND \\ HY? [ don~

Deputy .\linistcr of Justice, and as defence counsel in the '~Air lndia" terrorism trial. Professor Code is no stranger to JIe doesn't have the usual academic Flavcllc; he's been kicking around as an background of l of T profs, but Code adJunct professor for the last 15 years. sa}S it doesn't make h1m any different Rumour has It h1s plethora of r.dmiring from the other faculty members. students had a hand in getnng him hired "1 don't bring anythmg to the teaching as a full-time prof th1s year. of law from my time pracucmg," Code " I don't think there's any mystery that says. "Practicing law is about d1ssecung we get evaluated by the students," Code cases and being an ad\·ocate. You represays. Because I had taught here for 15 sent one side. You're very partisan. i\n years, there was a lot of available feed- academic can't afford to be parasan." back about me." Code says he's excited about focusing And what feedback it is. How many on teaching criminal law full-time. profs can say they've had entire forums "I tried to keep both feet m both on lawbuzz message boards dedicated to camps," Code says. "But it all gets comthem? promised. I've had this schizophrenic ca"Sweet Jesus that man is fantastic," reer when I tried to do both." o ne poster wrote last spring. "I would Code has one more maJOr commitout myself for Code. Best prof ever." ment as a practitioner before he can ofCode, a three-time U of T g raduate, ficially close that door. lie is cur rently has given up a prominent career as a \\Tapping up an snquiry 10 Manitoba as practitioner to teach full-tim e here. I Ie com mission counsel for the James has wo rked as defe nce counsel, as Crown D riskell Inquiry. counsel and Assistant Deputy Attorney"Do I miss the courts? Sure," Code G eneral, and as counsel to public bodies says. "We all miss the performance assuch as the RCMP and the Ontario Se- pect, but I've done it fo r 30 years. I've decurities Commission. Some of his mo~t layed my entry in to academia, but I've well-known work includes overseeing the always been interested in it ....This is a big, Paul Bernardo prosecution as Assistant new challenge and I'm loving it."

reai!J 11~1/ch the /an'

shmn. [ u'tltch the nmliral shou·s. IJ· YOU COl!I.D CJJ i\J'.:GE ONE J.t\\'\; 'X"liAT I~\\\~ \X'OCJ.D YOU CHANGE ,\NO \'\HY? I don~ reai!J knou' tiff the top of "!J head. / think y•e'rt z•eryfortJmate lo lit·e in this sode(y.

I thought f U'OS goin._l!, to do litigation u1Jm I artided, b11t l ended 11p doing corporate so I reai!J hal'fn ~ been in the co11rtroom- except for sn1all claims co11rt. And tbrn I just u·ore s11its. W I r,r r'S YOUR ONE COU RTROOM FASI 1101'\ FAUX PAS?

There are a!U't!)'S the usual suspects. In laU' and ecofiO!IIics, I had a professor at }ak, Ian / Jym. It U'OS amazing to be at Yale uitb !Jim because qf hir intelligence, bis commilntenlto the academic enterprise, his tmiq11e 11-'t!J' of approaching legal issues. Wtro II'\ nm LAW INSPIRES YOU T HE ,\ f ( >sT?

\X1HAT WOULD YOl

S.\\ IS THE SECRET TO SUCCESS AT LAW SCI IOOL? I u•ou/d StfY u:ork hard, go toyour classesprepared and do exam prep ot•er and a/Jot·e tbe required readingsfor class. How do I StfY this Jl.•ithout git,ing au.'t!J ai!J exam tips? Tbe one thin._~ uith 011 exam course is knozz·in._~ that the exam requires certain !JPes of skills that)'OU acquire 'D' going ot•er and abot•e u.vat's requiredfor classes.

19

F E/\1 l RI S

IP 'OL WLRE STRAND! D ON A DE.SI RT I I.A D, \'\ IIAT LA\'\ BOOK \\Ol IJ)

[Jrou/d bring U!J firsl-)tar casebook of I iirdland's crimmal /au~ ("Cam and ,\taterials on Cnn1inal l..JJU' and Procedure.") I haz-e myjimd mmtorieJ qf being introduced to the crintitrallau•o/ readmg it. I llttan, it's ultimate!; u-hm I mded llj> sl11t!;in._~ "!J tarter and tbat book, u-hirh I slill CarT) around uith mt, is my predom to me. ltigot all of"!)' ntarginal ttotes in it atrd I p11/l it out whrn I grt retJtfy for"!)' dams to remind m)'Se!f u-hal it u•as likr to be afirstytar stlltiflll studying crintinal km: YOl' l.IKI. TO HAVI \X rn~ YOU? WHY?

IF YOl COVI.D CJI,\NGE O S F 1..\\X~ \\fiAT I.A\X' \\Otlll> YOl CIIA:-:Gh AND WHY? Most of tben1 bm·e betn fhanged. IFhm I started pradiang /au•there U'trr a lot qf bad k ill'S 0111 thm. A lot qf tbem U'trt rrjomtedfordbfy ~ the Charter. I think a lot of thur anti·terrorismlau•s are tnisfOnceired. A lot of g.mg lrgislation is misconcdt'ed. Butthry'rr all t•ery tuu• and ttud to be u·orhd out in court cases. H i\VII YOU h\'I:R BROKE..'\; T H E !.A\X? [

tbink I'd bttkr exercise the right to remain

stlmt on this one.

o:-:•: COC RTR<X)\ 1 I'ASIIION FAUX J>A!>? !fl'hm J U'OS 011 artic/itrg student I had to go to court to stl a date for ~'I prindple. I u•as artiding at Rul!)· and l:.du•ardh and I had Slt!)'t d ormright at afriend's place. I got llj> in thr mornin!, and didtt ~ bal'e any appropriate dothitrg. I um a bit of a hippie in those dt!JS. I bad long hair and u·ore loose Indian P.Jiamas. I shoutd llj> in court drmed totaljy inappropriate!;·. but I had no choice. I had to bt thm. fo I rmumbrr sboll'ing up u•earin,g thm Indian pyjamas. I tried to button llj> "!J sbtrt but ! didn~ hat•e a tie and th;;ur(~rjust reamed 111e out appropriatr!J for thr U''!J I u•as dmstd. It u·as a bit humiliating. \X'Jl \T'S YOUR

\'\ill \T WOULD YOU SAY IS Ti ll SI .CRET TO SUCCE.'iS AT I.AW SCHOOl.? Jt takes a lot qf hard work. You han to be very dedicated. You bat•e to reai!J lot•e tbe /au· and lou stut!Jing it. I think dedication is extreme!J important.

I

Four new professors are gracing the halls of U of T law school this year... Mariana Moto Prado When Professor Moto Prado turned up as a student for art school in Brazil, she thought she'd be discussing art history. Instead, she was told to pick up a paintbrush. "l hated it," Prado says. " ] loved reading and doing research. All of the students just wanted to be artists." So she did what any frustrated art student would do - she got in touch with her inner legal mind and signed up for law school in Sao Paulo, Brazil. "I remember meeting my classmates at law school and thinking, 'Wow, I've met my soulmates'," Prado says. Prado fo und her calling in law school at the same time her native country was pnvauzing state-run businesses. She wanted to take a closer look at the limitations of

adopting US policies on the top1c. So she started researching public polic)z and landed at Yale to earn her LL.M and pendingJSD. Studying at Yale m ay have been a privilege, but the Connecticut Ivy Leave School was cold comfo rt. " People are very friendly in Canada in a way they aren't in the US," Prado says. So when the opportunity arose to teach at U of T, Prado said 'Adios' to our neighbours to the south and moved to the Big Smoke. Not only wiU she teach, but she's looking forward to the opportunity to ski for the first time. "I can't wait fo r winter," Prado says. :Make sure you give this assistant professor of contracts, law, institutions and development a warm and friendly Canadian-style "Ola!" if you sec her swishing down the slopes of Blue Mountain this \l.~nter.

...Ultra Vires went behind their impressive resumes and f ry League p edigrees to get a Q and A glimpse of thep eople leadingy our lectures. Nehal Bhuta

IIF YOU WERE STRANDhD ON A DESERT

The casebook for Contracts. There are interesting storiu that teachyou a lot about human nature and life in general.. .. Better than OI!J best sdkr on the market. And if I'm m r rescued from the island, I ui/1 be rearfy to resume classes right awqy!

I.IKE TO H AVE WITH YOU? W HY?

Tom Crnist m the moz·ie "A Few Good Men". I lrke the u•qy be's .ru.•allowed up 'D' the trial and recognizes the importance of u·hat he's doing. He dmlops his technical abilities throughout /he process. He becomes a good lauyer because he's so passionate about it. WHO IS YO UR FAVOU RITE TELEVISIO I\. OR MOVIE l.AWYhR Al"D WHY?

IF YOU COU LD CHANGE O :-:E l.AW, WHAT I.A\'(' WOULD YOU CHA.'\;GE AND WHY? The one that imposesfines for parking in prohibited spots. H AVE YOU EVER BRO KEN T HE l.AW?

Ok, I hat·e. . for illegalparking. But [paid all

of the fines. \XfH \ T WOULD YOU SAY IS THE SECRET TO SUCC £:SS AT !..A\X' SCHOOL?

Dnnk lots

qf cojftt, because recent sdentific research proves tbat 11 11nprot•esyour cognitrve f unctions. A nd go)Oj!j'.i"._P, or running tl't:T)' other dtfy. Running increases neuro..r.r,enesis (birth of nezv neurons) m the hippocampus, a brain slrllcture that is important for memory f unctions. Coffte also mtproz•es endurance performance in long-duration pf[ysical actit·ities so itgoes l'tf)' U'fll u.ith running. I am notjokin1, about these rmarcb results (googk it andyou will see...).

IF YOU

CO ULD CHANGH o :-: E I.AW, WH :\T IJ\W \\'OUl.D Y<lU CI IAN<;E AND \X I IY?

//mmnt .. .

If I could cbange one lau•ln·ouldpro/Jab!J change tbe lau•pt~md l!J US Congress rectntfy cona mi11g the

ISLA:-.:0, \\HAT I.A\X' BOOK \\'OUI..D YOU

Got a chent who wants to sue an ex-secretary of state? Want to hold a tin-pot dictator m JaiJ;l Has U of T got a .ocw prof for you. Professor Nehal Bhuta's course on lnternanonal Human Rights rna} JUSt come with a few pointers he picked up from his nngside seat at Saddam Husein's trial. It was all part of a research project he was working on for Human Rights Watch. He has also been following political and social justice issues in Iraq since 2003. Bhuta has advised Oxfam Australia and two East Timor human rights non-governmental organizations on international justice mechanisms for East Timor. W'hile he's no stranger to international courtrooms, teaching at U of T will be his first classroom gig. "I'm really excited," Bhuta says in a phone conversation from New York. In between his work as a fellow at Human Rights Watch, Professor Bhuta says he's been busy restructuring the entire course syllabus for International Human Rights. "Human Rights law is extremely political," Bhuta says. "So I want one third of the course to be about Human Rights and Social Science." The Aussse native will be moVJng to Toronto next semester to take his place at Aavelle.

authorityfor secret detentions. I think tbe US is headed doum a my slipptry slope uith this one. W I IAT'S YOUR O NE COURTROOM F,\SHIO N FAUX P.\S? IY'hen I utu clerk in tbe Federal Co11rt of Australia I u'tls inrolt•rd in a veT)' lotte, bearin1, u•hich om1rrtd outside of tbe courtroom in a remote territory of N orthwestern A ustralia. It uw 011 ittdigmous rights land claim. Tbe sun U'l1Sfoir!J intense up tbere- it u•as a semi dm rt regJott. I didn ~ hau a particular!J dazzling arr'!Y of head u·ear. l u•ould be fomd to turn up to court itt/be mornings ll'ilh one qf thoseJlop!?J tilfy-styk hats. It u'fJs sort of embar· rassing.

11: I.AW 1:-.:SPlRES YOU THC MOST? J think there art ma'!J potenti,1/fy inspirationallaUJ'fff. I mean some uho li-e u·orked with uho "''!Y not be knou'11 to a'!)one outside of N orthern A ustraliaRefugee lazi!Jm whot't' dtt·ottd a lot of time on thrir ou·n initiatitV! to do cam uhich are mmtiai!J un-

WHO 1:-.: Tl

r~'ardhrg orunrecognized

Gmeraljy speakitrg ltmd to admire those lau.yers 11-'ho are on lhe one hand r•rry compe!ent, professional lauyers but ott/he other hand ubo also recognize that /au•is not an end in itself b11t that it's somdhitrg uVich is defined and mated through tbe actions of people uho use itu·ho try to adt,ance the interests of thm u.-ho are lrji out qf it. WHAT WOULD YOU S.W IS THh SLCRET TO SL'CC!i.SS AT I.AW SCHO<H)

I"!.ssmtiai!J~ iti understandmg the techniquesy ou need to approach an exa!ll or to u'1ite agood paper. 'J'bosr techniquesJ'OU absorb ubeny ou commityo11rse!f to real£>· stut!Jing the texts and the ntalerials farefulfy. That doesn ~ nmssari!J makeyou a greallan-ytr, but it i certainfy the casefor .sumss a/laD' school


ULTRA VIRES

20

Tour

es to

uccess

17 2006

F EATL RES

Did .you tell any firms that they were your number one cho1ce (yes/no)? How many firms did you tell that they were your number one choice?

You arc about to be put on an OCI rollercoaster of uncertainty. A process more topsy than an Andre Agassi forehand and more curvy than Pamela An~erson ~in her Baywatch days). Over the next month you will undoubtedly have questions, concerns and extreme panic attacks which may include night sweats, emotwnal distress, . and occasional bed-wetting. Luckily for you, a few upper years have volunteered to guide you through the ride of emotions.

LV randomly selected 20 students to fill out a survey on their OCI related expenences. \X'e received 6 responses from 3rd years students who were willing to share thetr thoughts and advice. The students are Ian Bell ("IB"), Kevin Shipley ("KS"), Melanie DeSouza ("MD"), Christiaan Jordaan ("CJ"), Danie! Remick ("DR") and Andrew Xu ("AX'). Note that not all students chose to answer all questions, and m some cases questions were inapplicable to individual expenences.

How many firms did you apply to?

OCTOBER

I 1 Were you able to attend all cocktail parties/dinners that you were invited to? I f not what did

IB:No. KS: No. This might be the reason that I dtdn't get the other two calls I was counting on. In retr~spect, I don't. think 1 gave them the type of comrruttal response they were looking for. I certatnl} showed interest, but I didn't say "Yes, that is the correct number and I will sa} Yes immediately when you call, this is the offer I've been waiting for.", I simply said "Yes, that is the correct number, I look forward to hearing from you this afternoon." Poorly played on m} part. If one firm is actually your first choice you should tell them, but don't tell more than one. I talked with my recruiter this summer and she confirmed that the recruiters do talk to each other, a lot, dunng the OCI process- they'll catch your lie, and both will be less likely to call you as a result.

21

Did you get an offer on Wedn esday at 5? If yes, Were you confident ! he offer was coming? IB: I got an offer but not through the OCl proceso;; rather through concurrent interviewing process at 1\It\G. kS: ) es. Yes I was confident that the offer \vas coming, although I would have bet monc} that I would have had another 2 following immediately. I got very, very strong indications from two firms that rhey were going to call me at 5, i.e. "The law society prohibits us from saying certain rhings, (wink) but is this the correct phone number where we can reach you at Spm today?" ..... and nothing. Don't count vour chickens before they hatch. ~ID:

'\o offer (cue tears and suicide notes).

CJ Yes, and I was pretty confident (though I ended up not getting one of the ones that I'd been confident about ... )

:\1D: '\Jo

you say to recruiters when you couldn't make it? Did you find that all recruiters were sensitive to your time constraints?

DR: \es and Yes. CJ: I told one firm.

I B: 11 KS: 25ish MD :25

IB: I had to skip out of one cocktail party early and they were understancling.KS: I was actually able to make it to all my social events. I did have one conflict between a reception and a dinner, but I was able to leave the reception early and get to the dinner just after cocktails. It seemed that everyone involved was sensitive tO my time pressures, in fact, I shared a cab between events with a student from Western doing the same thing.

C): 14 DR: 25-30 AX:30

MD: I was able to make it to all dinners and, at least briefly, to all cocktail parties. It's probably best to spend around an hour at the cocktail panties; no one expects more. However, it seems that recruiters will notice how early you leave and less than half an hour spent

If y ou had multiple offers how did you choose between t hem? Did you know ri ght away? Or did you take some t ime t o decide?

at a party shows dismterest. "-5: Despite my large number of call backs, I only got one actual offer. However, dcsptte that fact I still took my time before accepting. I got my offer at Spm, waited until about 6pm to see if any others were coming (1 got a few "You're the top of our cut list, we'll call you back if someone we actually want says no!"), 1 went to a

CJ: I was able to attend all D R: I was only invited to 1, so I didn't have much of a problem with time constraints.

\-\o\N man'l OC.l's d\d

you rece\ve? D\o you

\)lf 'IOU nad mu\t\p\e ca\\ backs, do you have any tips on how to schedule them?

yes, how many)?

~-

IB: Not enough call backs to say; if you have two callbacks (as I did) schedule them both on Monda}, one am, one pm, which gives lots of time on Tuesday for second interviews.

IB: 10, I accepted all of them KS; lSish. I didn't reject any OC1 at this stage. However, I received 7 call-backs but rejected 1. 1 could only schedule 6. \1D: 11, 1 accepted all of them.

CJ: 12, 1 rejected none. DR: 11 (1 think)- I clidn't reject any

KS: I don't think this really matters. I used \fonday for my first chotces, but I think I was better in my Tuesday interviews due to the practice 1 got on Monday. If it will make you feel better, schedule your first choice on \fonday, your second choice on Tuesday morning, and then fill in the rest around that. MD: It's best to schedule as many as you can Monday, fill up all four slots e\·en if you think you'll be tired by the. end of the day. \lost firms do take that as a signal that you're interested. The first inten;ew on \1onday will probably be a little awkward, so usc tt as a warm up and don't schedule your top pick then. Your top firms should probably be your second and third mten·iews of the day. That said, firms are not going to wnte you off just because you had to schedule them·Tuesday morning. You just have to make it really clear that you really like X firm, and sell your interest in them a bit harder.

CJ: I scheduled them in the order they called me. DR: I think the preferred time slot is around 10 am. I wouldn't want it too early in the morning, but it should be before lunch someorne on the first day. I scheduled another one that 1 wasn't as mterested in at around 8 am as a bit of a warm-up.

AX:

tv./ A

How did you find the in-firm interviews? Were lawyers' questions what you expected? Do you have any horror stories to share? KS: There weren't really any surprises. Mo~t of the questions I got were very general and none of them were substantive in any way. However, because I have an engineen~g back~rou~d, 1 faced .a lot of qu~st1ons about wh~ I changed to law and what type of law I was actually interested in. I had a really hard time explaining that 1 wasn t exclustvely Interested tn IP, espectally because corrung out of first year I really had no idea what I wanted to spend my life doing.

MD: In-firm interviews were much more comfortable than OCIS. Everyone is really bnght and enthusiastic, not half-dead, as some were towards the end of OCIS. There weren't many ~uesti~ns ~hat caught ~c off guard. Th~y will ask about work expenence, school activities, and why you want to work in a particular practice area or firm. A lot of the tntervtew ts conversational. The only thing that threw me was a question about where else I was interviewing. Not too many horror stories at in-firm interviews. I dtd get into a weird semi-hostile conversation about Uoff with a partner. Awk-ward. '\Jote: He was a Uoff alum, so this was not a lawbuzz style "my school is better than yours" throw down.

CJ: I found the in-firm interviews to be stressful, but mostly cordial and less problematic than I'd feared DR: :-.Jo horror stories. The questions were what I expected, mostly just basic stuff from my resume.

steak dinner with my girlfriend, and then called back my (only) offer at about 9pm. They actually called by back at about 6:30pm saying that everyone else they had made offers to had accepted already, and they wanted to know if they could tell me anything else. I simply told them that this was a serious decision and that 1 was taking time to think it over and talk it over with family. Thev clidn't know they were my only offer, so there was no real pressure - you h~\·e 24.hours with the offer, don;t leave the firm hanging overnight if you know your answer, but take a little time.

CJ: l

took about 45 minutes to decide, and l told the firms that I would do this.

(i.e pre-

ferred choice first or last)

reject any OCI's (if

AX: 6, clidn't reject any.

DR: Yes (only 1).

If you didn't get an offer, how did you feel about the process afterwards? Did you continue looking for other positions immediately? MD: I thought the process was fine. I was more upset with myself than the process. I didn't continue looking for a summer position immediately. I just wanted to divor~~ myself from the whole summer job search situation. I did start applying for postttons posted by the CDO towards the end of the school year and got a job

On a whole, were you satisfied with the process? Do you have any advice for 2nd year students? Is there anything that should be done differently or that you would do differently if put through the process again? IB: Fit seems to be the most important thing in determining whether you ultimately get a job out of the process, and it's in your best interest to get the position where there's the best fit. Keep in mind that this posicion may or may not be on Ba} Street, and the process \\.111 go better for you.

early in th e summer. it:., really nnt too hard to find a sum mer position a~ •1 2ncl year; there arc a lot of companies, banks, and small firms looking for summer Jaw students. lf you don't get a place through OCIS rou are not sunk! Though 1 didn't start Jookmg for a job early, Jt's a really good idea to do so. There arc great positions with the OSC and other provincial and municipal gm·'t departments open to students.) ou JUSt have to be proacti\ c. and look up the websites of departments yourself. I am not proactive, ~o l relied on C:DO postings, and was really happy with my place.

If I were to do Jt over I would show more interest in the firms, especially at callbacks and 2nd interviews. 1 just couldn't bring myself to do the "you're my number one" thing and did a poor job of indicating strong interest in other ways. I did indicate interest during articling interviews. l would bring up specific things I liked about the firm whenever there was an opening and would mention students I'd talked to etc. I think that \Vas the main thing that made the articling process work out for me. I still never told a firm they were my top choice and you don't have to (as you may not know yet and you shouldn't lock yourself in if you're unsure), but you must seem really enthused about the firm.

CJ: I am pretty satisfied. I might have applied more widely.

k.S: I am satisfied. I got the offer I wanted, I accepted it, my summer was great, and I'll be returning to article. For my ego I would have liked to have a couple more offers in my pocket, and to make that happen I think I should have been a little more committal when I received that final wink from the firms during my third and fourth visits. Live and learn I guess. I would have been more dtrect and committal when responding to obvious positive comments from the firms. The firms arc just as worried about extending the offt;r as you arc about getting an offer, and I think I played it a little to cool and balanced. I f I had shown my hand a little more, I thtnk I would have received a few more calls at Spm.

\X: No. Coming from a background with a significantly different style of applicatlOns and interviewing, it didn't really hn me how different law interviews were until it was too late. While logistically difficult, making provisions for mock interviews or some other way of knowing what was coming would have been helpful

MD: I was relatJvely satisfied with the process. One thing I would have liked is the abilit) to schedule my own OCI's. The interviews with the firms I was most interested in were both at the very end of the day on Friday, so both my interviewers and I were pretty dead at that point. It would have been nice to have been able to schedule firms I liked early in the day.

I would approach more people in the industry, both for general advice as well as advice on applications and interviewing. If I were to do it over again, I would coldcall as many lawyers as possible (who weren't partictpating in the OCI process), and see who would be willing to chat and if they would be willing to critique mv applications. '

DR: Yeah, I actually liked it. I like that it's the 2 days in October and 3 days in ~ 0 . vern her and then it's O\·er. The days arc kind of stressful, but you know one wav or the other at Spm on w·ednesday. •

...


OCTOBER

17, 2006

The Anonymous R anter

Staying cool during OCis !:>un·ivor is an interesting shm'; because it body else is doing. How many interviews g~vcs us a glimpse of those dark parts of did they receive? And with which firms? people that emerge under pressure, when for some, it's an opportunity to size each resources are scarce and tension is high. other up, a wa) to measure each other's Usual!}; in adult life, people aren't forced credentials, how we all did in first year, together so tightly that they behave that how moti,·atcd we are and hmv success\\1l); and ther don't often ha,·e the incenful we arc going to become. \X'h1le this ti,·e to. But there are circumstances in life may be a natural tendenc}; it can also be that re,·eal a person's true character. ln incredibly insenswve to anyone disaplaw school, there is one process that pomtc.:d b\ the process, or can totally stands out as the most angst-prm·oking. alienate people who are not interested in The tirst year of law school is a lot like disscwng the process. high school, in the sense that everyone 1s It's amazing to sec how individuals taking the same classes, w1th the same react at recruitment time. \X hi!e many people, ali da:; every day (except Fridays- people arc utterly gracious, some people phew/), all year. \'('hile you feel like you can be real jerks. There will always be that fought a war together by the end of first one arrogant person who takes the whole year e:'>..ams, come fall, a ,·en• different thing far too seriously and who self-con mood surrounds the second year class. gratulates way too much. There will also On-campus inten·iews, firm-inter- always be that one person who either ,·icws, call-days and the aftermath are the didn't get a job, or who isn't participating most intense and stressful parts of the in the process, with a huge chip on their law school experience. Things arc e:\. shoulder, who wants you to know why tremcly uncertain. Although some stu you're a sellout, or why you don't deserve dents opt out of the OCI process, most the job, or why the firm you chose is second year students do participate to sma\\ potatoes. Ignore those people. \\Orne l.:)i.tent, and ~tatistically, more stuTry not to \et the OCl process become <..\c.:.n\.1:. ~\n<.\ \~)\")"' tb.t:ougn tb.i.':> pt:occ.s':> tb.an an cxcTC\!'.L m ran~ing and. competition. throuKh

ilnJ' orher.

Afanr of us ha, ·e hiKh

t1 Joe of students start talking shop

expectations, not all of which can be rc

around this time of year, and some peo ahzed. Again, when resources are scarce pic are going to start branding firms and and tension is high, people behave a little careers choJces. They will talk in terms weirdly. of "New York, New York", and "Seven Everybody wants to know what every- Sisters," and "tiers of firms." It's fine if

HELMUT: The View From Third Year SUNITA CHOWHDURY

Htalth Enables Minds at U of T asks third year studtnls to rej/tct on the ups and downs of stcondyear and process.

oa

''When I went into OCI's, I was under the impression that most people would end up with jobs. When I was one of the one-half of the class that didn't receive any offers, I lost my motivation and went into a spiral of low self-esteem. I had made the rrustake of equating "getting an OCI" with my potential for being a good lawyer. This definitely made second year a lot harder both physically and mentally than it should have been. If I could go through it again, I would not have put as much emphasis on the process as I did. The OCI process is actually very random and it seems silly now that I took it so personally." "For the first time in my life I went 48 hours without sleepmg, which did not feel good, and Jt took me a couple of

weeks to fully recover. But otherwise I thought the OCI process was kind of exhilarating and a good test of my own stress-management and time-management. Even though school took a backseat until late November, I ended up catching up and doing pretty welL" "I actually opted out of the entire OCI process to pursue a position at a MAG office but didn't end up getting hired there. Although I was okay with it, I realized that, no matter what the circumstances, second year can be difficult when many of your friends have jobs and their futures planned out and your future seems completely uncertain. For me, the 1mportant thing was to focus on taking courses that interested me and to not worry too much about what happened beyond second year. Luckily the summer articling recruitment was overwhelmingly positive for me and I was glad to have had the chance to make up my mind with two full years under my belt." "I had this idea that I had to "spin" myself and everything on my resume into something a big corporate firm

VIEW continued on pg. X

people want to make distinctions for themselves or to talk with theJr friends in these terms. But in the wrong context it is obnoxious. Unfortunately, in this situation, the elements have combined to bring out the \Vorst in some of us. Everyone IS running for the same invisible brass rings. Most of us arc used to succeeding and gettmg what we want. ~lany of us are competitive by nature, and can't help it that the OCl process only brings out the msoncts we have had since kindergarten. Our first year survey shows that at least 78 percent of the first years surveyed think that we go to the best law school in Canada and one of the top law schools in the world. We think we're the best. And that's fine. Hopcfull}, we think that privately in our heads, and don't go around saying it

Message From SLS President Kim Haviv

to people. There's nothing more obnoxious than that. -\nd that is the point. Be scnsJtive to where you are when you are having these conversations, and to how your comments might be received by other people. ot everyone is interested in heanng you. Frankly, you shouldn't be worrying about what anybody else is doing either, or judging it. Be open-minded about what your classmates choose. Some of them will make some interesong choices. Some people will choose to take a small to\\n job m·cr a job Jn ~e\\ York, some people will choose to work in public interest law instead of corporate law, and some people may even choose not to practice law at all. People don't all want the same thmg, thankfully.

ing agenda 1s that financial aid results have just come out, and we're looking forward to hearing your war stories It takes a few weeks for everything to (whether v1cton or defeat). Let us start humming in the hfe of this know at the 51~ hnancial Aid Town school. \'\e'rc through with Introduc- Hall this Thursday, October 19. ln a similar vein (but hopefully a tions, meet and greets, welcome backs, and first sessions. \X'c've settled on a simpler and more predictable one) the U!;ua\ spot in all of our classes. We've Student Affairs Committee has doled decided whose listserv emails will bt· our the f:1/l cash to clubs and societies. Immediate/} deleted when they hit our Our full budget will be in Headnotcs inboxes. \Xe've settled into our per- short!}. We all look fon.vard to the varsonal levels of doing readings, having lOUS clubs putting the event calendar gone through a phase of reading into fuJI swing with their newfound everything, then missing a day or two, wealth. The first Faculty Council meeting and now finding what's 'just right'. \Y/e've got routines. I don't know what of the year will take place on Wednesit is about the moment when we realize day, October 18. The agenda is pretty we can bring out the earth tone scarves light, but we're looking forward to a re- but somehow we've found the equi- port from the newly formed environlibnum by then. The SLS, too, is start- mental sustainability working group ing to hit its stride. that's been working over the summer. There's been a lot of movement on Take a look at their proposals on their the Faculty of Law Project Commit- website, which is accessed through the tee, the body responsible for the large Faculty of Law website under Stuscale changes planned for Flavelle and dents> Facilities> Environmental SusFalconer Houses. This has been my tainability. main event for the past few weeks. The committees which report to At this stage, the discussion is all Faculty Council will be having their about space: how much we want and first meetings in the weeks ahead, and what we want to do with it. We've been the policy work will soon begin in consulting widely with students and earnest. A listing of Student Caucus student groups to collect needs and committee assignments will be pubsuggesoons. Our student proposal rec- lished to the student body shortly. ommends significant expansion of Finally, Falconer House is kind of student-dedicated space. The new fa- scary on an average day, but you cility should provide more lounge and should see it when there are fake cobstudy areas, as well as dedicated meet- webs on the light fixtures. The SLS ing and office facilities available to stu- Halloween Party, perhaps the best dent groups. loved night on the SLS calendar, is just Our recommendations will be circu- around the corner on Friday, October lated shortly. We welcome feedback at 27 .. Betting on who will dress up as any stage of this process. Please email which Lord Denrung case will begin any thoughts to buildingcommit- shortly before. See you at Value Vilteecomments@yahoo.ca. lage. The other main item on the upcom-

Sinks? More like Hell Basins!!! I ha,·e a pretty so!Jd routine for my mornings. \Vake up, shower, cat a good breakfast, go to class, and then ... the bathroom downstairs at the beautiful Flavelle House. Now, as public bathrooms go, this one IS prett} good. It's always clean, stocked up on paper towels and soap, and the doors on the stalls lock too. Sometimes, you might even be lucky enough to find a newspaper in there to read. \XfHO IN THEIR RIGHT MIND DESIGNS A SINK THAT HAS SEPARATE HOT AND COLD TAPS, \VITH NO TEMPERATURE CONTROL? SADISTS? However, the bathroom has one downs1de. Actually a's more !Jke a fatal fla\\·- a painful tack that 1 ha,·e to step on e\·ery time I go into that god forsaken bathroom. That flaw is the sink. \\ho in their right mind designs a sink that has separate hot and cold taps, with no temperature control? Sadists? Is this some sick and cruel joke that the admimstra non • n~t-.ts on playing on us hdplcss students?

0PI~IO~S Al\oD EDITORIALS I don't know the answer to those questions. But, I just don't understand how after so many years (and so much of our money being pumped into this dump), they can't do something as simple as replace our sinks with SINKS THt\T DON'T BURl\. ME. I mean, do you feel as dumb as I do, when 1 have to turn both faucets on, and then rapid!; rotate my hands between streams of burning hot and freezing cold water in order to avoid being burnt? All I want is to have clean hands. This should not resemble some sort of weird ntual where lmtenoonally inflict pain on myself. If I wanted to do that, there arc plenty of dominatrix ads I could follow up on in the paper. Believe me; I might even prefer that over the sick joke that is the Havelle House sink. So, I urge and beg you, fellow U ofT law students, to do something about this. Some people might tell you to usc your newfound legal educations to do public interest work, or save the rainforest, or whatever. \Velll got some pub!Jc mtcrcst for you - my hands. They are burning. Save them. Write a letter, sign a petition. H1re a damn plumber if you have to, but please, for the love of god, let's get these sinks changed if not for us, then for our children. Do we want them to inherit a legacy of legal excellence or of burnt hands? Let's make the Flavelle !louse bathrooms a better place today. Thank you.

An open letter to the authors of first year text-

books, and the professors who teach from them jOI·J I-IEOITI·R

;\ problem has become apparent to me in the course of the first week of school, and I would respectfully like to share it with you, and suggest a s1mple solution which will certainly enhance the educational experience of future first year students. I will refer, in this letter, to the first year textbook "Cases and Materials on Contracts, Third Ed1tion," but hasten to add that this book is merely an example, and perhaps not the most egregious, of the problem.* The book opens with several excerpts from scholarly papers, presumably to estab!Jsh a theoretical framework to guide the analysis of the cases which follow. This seems like a reasonable idea, until, as a fttst year student, you begin to read. To one unschooled in them, the meaning of terms like "Pareto Supenor Exchange," a "Kaldor-Hicks criterion of efficiency" and the "doctrine of consid eration" can only be vague!} inferred from their context. Moreover, concepts such as "the prisoner's dilemma", "requtrements contracts," and "in quantum meruit" might be entirely unintelligible without looking them up (I drew all of those examples from the first ten pages).

It is no answer to say that these questions can be brought to class; there is more than enough to discuss in these articles without wasting prec1ous class time defining terms. And I can't imagtne that your intention when includtng the ex cerpts, (which were clearly written for a reader already familiar with these notions) was to encourage first year stu dents to spend more time on Google than they already do.

" ... ANY SECOND THOLGHTS HAD ABOlJT SENDir-...G AN

I

OPI~r-...

LEITER AT THE BbGI'\JNING 01 MY FIRST YEAR (AFTER ALL, WHO THE HELL AM

I

TO CRITI-

CIZE SCHOLARS WITH DECADES

Of ACADEMIC AND PEDAGOGICAL EXPERIENCE?) EVAPORATED THE OTHER DAY... "

There is an obvious answer to this problem, which cannot be dismissed for its simplicity: explanatory footnotes. As authors and editors of these textbooks, you can presumably be expected to have TEXT continued on pg 24

23

The UV Complaints Box "Clean Up Your Own Mess," Students Say Th e serio us: }low about the slobs who usc this area- put }Our newspaper m the {,'2rbagc bins!***Is it a prcrettuisite fi>r Jaw students to be slobs in the dining areas? Caretakers arc people too. *** The MCR reallr needs w1reless acccs~. They bought new desks and chairs, but still no wireless?**" The separate hot and cold taps in the men's washroom arc really annoying. *** Paying S18,000 to attend a law school run out of 3 classrooms in a basement. *** The bookstore's "extended hours" run until 3:30pm? Who arc they kidt.ling?

The not -so -serious:

Trial Ad sucks *** \\'e need more complaint boxes. •** Certain people need to shut up about the fact that they have a million OCIS. \'\'e get it. You're hot. *** .\layo's .\fuffin .\ladness really isn't very mad. If anything, it's downnght tame. It would be cooler if there \\1ls a secret "A:' buried in one of the muffins. Then I'd actually have a chance of getting one.

The d ownright st u pid: We need more hot chicks. *'** I hate the complaint box- Ron D. *** !like putting my beef in your box. ***Jordan Nahmias 1s too damn cool. It's hard to look cool when he's around. f le should be more sensitive to this fact. JOSH LAVU\iE Two weeks ago, Ultra V1res placed a "Complaints Box" in the basement rotunda of Flavelle. Our hope was that Stu· dents would take the opportunity to share w.,th us any concerns, real or otherwise, they have \\ith the law school. You certainly did. As might be expected, the box was filled with numerous 'complaints' of the likes that we could not responsibl) publish. That being sa1d, amongst all the submissions, two notJce ab\c trends emerged: 1. certam unknown law students have filth); filthy minds, 2. a sizeable number of people are distraught over the amount of garbage bemg left in and around the tables in the basement of Flavelle. Unfortunately, this "garbage problem" is not anything new. After a typical lunch penod, newspapers are sprawled everywhere, with candy wrappers and empty pop cans littering the tables and floor of the common area. A true tragedy of the commons, indeed. Are we really that collectively lazy? I full} admit that 1 am just as guilty as any one else on this one. I find that the com plex garbage bms we have these days wJth countless tiny holes for different types of garbage only discourage people from throwing out their trash in the first place. \X'hat really happens anyways when a 'rebel' like me puts a plastic bottle in the 'paper' hole? Will somebody I'll never know just sort it for me anyways? I know. That's a horrible attitude to take. Of course, it is entirely possible it was the caretakers themselves writing these messages, in which case, we should heed their call all the more so. That would be kind of funny, as unlikely as it sounds. Other than that, many of the com plamts received touched on well documented problems at the law school. The facilities are old. The bathrooms look like they belong in prisons. The moot court room is cramped and uncomfortable and hot and without the lifesaver that is wire-

less internet. Student services arc not the greatest and for some reason arc always closed. Sorry, we can't help you there. Maybe if tuition mcreased even more from $18,000 to sa}, S25,000, the school would spring for so me o f these things. Ok, maybe not. But I digress. At least nobody complained about Ultra V1rcs, although it's not like we wo uld have published it anyways. In the mean orne, stay tuned for the next version of the CV Complaint Box commg soon to a basement near you.

VIEW continued from pg. 22 would be attracted to. But when you do that, you start wondering if the spin you are putting on yourself is actually who you are. I began to really want to be the person that would have been good for the firms, without really thinking about if that person was me. Or if I wanted to work at this kind of firm at all. It became an exercise in wanting things bccau~c other people did, without really reflecting on what I wanted." "The most stressful thing for me was deciding between cities. It seemed like p1ckmg a firm m a particular city meant that I was committing to live there for a long time and I felt like 1 would be betra}ing my family, friends, and boyfriend if I ended up w1th a JOb on the other side of the continent. l\.eedless to say, I will be articling in m) hometown." "What sticks out in my mind most about last year was the constant feeling of bemg overwhelmed. I didn't realize how dlfferent second year would be than first year- the reading was heavier and I was weeks behind, I had taken on leadership roles tn clubs I cared about, and I was constantly stressing out about jobs. There were days when there was so much to do that I didn't know where to startI felt almost paralyzed. I remember being in a constant state of anxiety and having a hard time just relaxing at home with my family and friends or managing simple things like eating properly."


24

0PI~IO!\S \~D EDITORIALS

Blazing the wrong trail

Clara B. ;\farun did not just hold ann Se mitic views, she acted on them. For MarE xhibit Glosses Over Anti-Sem itism of 'Trailblazer' tin, the act of writing the letter and JERL\f\ GLIC"-. .\fartin: "Despite the immenslt) of her sending it represented the full extent of achievement, in 1990 it was uncovered her ability to act on the strength of her Clara Brett Martin was the first woman that, like others of her time, Clara held beliefs. Rac1sm is neither a human frailty nor e\·cr to graduate law school at the Uru- anu Semitic views. Toda} we celebrate versity of Toronto. She was the first her courage and tenacity, while also ac- an Imperfection. An imperfection would woman barrister and solicitor in the knowledging her human frailty and im- be that C.B. Martin liked candy too British Empire. And she really really, re- perfection." The clause "like others of much, liked the liquor or was sleeping ally hated Jews. In 1990 a letter written her time" works to excuse Clara Brett with the servant, not that she occasionall} liked to write letters to the Attorney by her to the Attorne} General of OnGeneral asking that a people be excluded tario was found in the arch1ves of the from holding title as a result of their reLaw Society of Lpper Canada. The letter \VJ\ TCH IT WORK ITS \.L\GIC IN ligion. Attributing racism to human according to T. Brertel D awson "called upon the J\ttorne) General's office to THF FOU.OWI~G SENTE~CES TO frailty and imperfection is dangerous and take action to declare void all agreements LNDERST \ND HOW: "LIKE OTH- is much an excuse or at least as much a brushing-off as saying that racism was and assignments registered by Jews LRS OF HIS TIME, ERNST ZUNjust the norm. against property titles in Toronto. She DEL THOUGHT THAT THE claimed that these registrations were atOne should not fail to recognize the HOLOCAUST DIDN'T HAPPEN." tempts to cloud titles and extract money accomplishment of being the first fo r their clearance, and she referred to woman graduate of this law school just them as the "scandalous work of forbecause the one who accomplished it was ei~-,rners", whom she identified as Jews." Martin for her Anti-Semitism. Watch it a horrible human being. But neither There has been quite a bit of academic work its magic in the following sentences should one, in seeking to recognize the writing done on the subject of Clara to understand how: "Like others of his accomplishment, excuse, or give the imBrett Martin. 1 have read none of 1t and time, Ernst Zundel thought that the pression of excusing, intolerable beliefs do not intend to, though Dawson offers Holocaust d1dn't happen."; "Like others or attitudes. The administration has done a very brief oveniew of work by Coss- of his time, Pol Pot thought Cambodians just that 1n the Trailblazer exhibit. The) man and others on the subject. The ques- who wore glasses were too westernized." had an opportunit)· to promote discustion raised tn this literature seems to be One ought not to excuse away a belief sion 10 \1artin's bio or at least to referhow to tn.-at C.B. Martin as a result of the that is wrong on the basis that others felt ence the questions. Instead they have revelation that she was a rabid anti- the same way. \\'e do not excuse the ~az1 excused .\fartin's racism by chalking it up semite. Though 1 am not sure of the an- for being a ~azi because others were to the times and human frailt)·. This disswer to that que!'.tion, the answer must '1\,a:t.IS too- assuming of course that they plays a shocking disregard for the comsutd] be that we ought not to excuse her. were not forced to become ~azis. And p\cxlty of the issue in the process and ..r\nd that i,\ n·har the Trailblazers exhibit if wt.• do we shouldn't- jefferson re- doc~ a disservice to the law school comput up by the nC\\ administration has mains culpable for sla\'C·ownership de- mumty and the other women in the traildone. From the Trailblazers bio on C.B. spite his other accomplishments. But blazer's exhibit.

A Cry For Ideological Diversity STI .PHEr-.. SHORE

AI Gore thinks we're all going to die. And 1f, 10 fifty years, Mr.. "I created the Internet" turns out to be right, and global warming does turn our 'melting pot' into a ... , well, a melting pot, I suspect aliens will storm the Larth. If this unfortunate series of events is to occur, I hope the> don't get their hands on a copy of Ultra Vires. Because if the} do, the) would have to reach the conclusion that our law school was a racist hate-mongering institution. Somewhere along the line Ultra Vires has become the sounding board for every special interest group on campus (Editors note: I think he is talking about us, but let's sec where this goes). So I am here to announce, that as your infra-marb>inal student, who only has the attention span for so many things at once, "I'm bored with DIVersity". It bores me. I'm sorry. I read my textbooks, write my papers, study for my exams. So excuse me if I can't manufacture the outrage to protest the injusncc that the Faculty has failed to hire a transgendered, wheel-chair bound, Hindu, corporate law scholar this year. And here's the great irony, I am the person on campus doing the most for diversity.

You see, the Federalist Society for Law change of ideas. And yet we have a facand Public Policy is auned at helping to ult)• who collecuvely worship an orthochange the one diversit)' issue that really dox liberal ideology which advocates a is a problem on campus: academic and centralized and uniform society. ideological diversity. Being forced to beIn thiS vem, thls October, the Federallieve a narrow set of liberally-guided ist Society for Law and Public Policy will opinions presented to us every day in the be holding the most important event on classroom as truths. the UofT Law School campus. Ever. Not Diversity, in a multicultural society, because it's an event - and not because can't be about the colour of people's it's my event. But because it isn't a skin. It can't be about disabilit), or lack speaker, it 1sn't a lecture, it isn't a point a of disability. It can't be about sexual ori- vie\\. It's a debate. It's an exchange. It's entation. And It sure as hell can't be man} p01nts of \lie\\. It's differing pomts about gender. \\'e fought all these wars of viC\\. It's the project of expostng peo years ago. On an academic campus, it pic to ideas. Different ideas. Imagine that. must be taken as an assumption that dif- Imagine that. ferences, uncontrollable differences, no On a law school campus we are going longer matter. But what does matter, to expose people to different ideas. We where diversity is a must, is m academta, are going to hold a fair, open, honest dein thinking, in thought, and in ideology. bate about issues. And we're not going to So, yes, I am bored with diversity. And start small- we're not going to talk about I'm bored with the scope of the discus- jud1cial review and different ways of SIOn we're having about it. And I'm doing it. We're not going to talk about bored with the conclusion that we don't norms in tax litigation. We're going right have enough transgendered, wheel-chair to the heart of the matter. We're going to bound, Hindu scholars. It doesn't matter. debate an issue that pulls at all of our We're no longer interested in the colour heartstrings as legal scholars, as moral of the1r skin, the nature of their disad- agents, as human beings. vantage, we're interested in the content We're gomg to be debating the infaof thetr characters. We're on an academic mous Damsh cartoons with the only campus where there should be a free ex- Canadian publisher who had the courage

ULTRA VIRES

OCTOBER

TEXT continued from pg 23 as authontaove a grasp on these concepts as anyone. \X hy not share some of that knowledge w1th first-year students, and thus smooth the way for our learning? An additional example: it was impossi · ble to properly grasp the significance of Jobidon v. The Queen (briefly excerpted in "Criminal Law an d Procedure: Cases and Materials, Ninth E dition''), until Professo r Code took the time to tell us about the crime and how it came to the Supreme Court. Again, to suggest that such explanations are part of his job would be to squander hls considerable powers of analysis on mere reportage, and waste valuable time in class that could be much more profitably spent considenng the issues raised by the case. Finally, any second thoughts I had about sending an open letter at the beginrung of my first year (after all, who the hell am I to criticize scholars with decades of academic and pedagogical experience?) evaporated the other day, in contracts class. The ediung of Carson v. Willitts, and the lack of explanator} notes, render the case prett)' much incomprehensible. If any of my fellow first years would like to know why reliance was not a possible solution, I'll be happy to explain the Situation. There are only two reasons why I can appreciate the judge's challenge in a'\.vardin!! dama~es. First, I have contracts for small group, and second, Professor Prado has constc.lcrable experience with oll leases. Some ~>f m} colleap:ucs '>\'ere still confused after their classes, because not every professor has such specialized knowledge. It seems to me that the content of a first year textbook should not lie beyond the abilit)• of a competent professor to disentangle. And this case didn't have to. This school rightly prides itself on the diversity of its student body's educational and professional background and since not ever} first -year student has a graduate degree in philosophy, It seems fair to expect our textbooks to reflect that. I'm not advocating training wheels, nor pedagogical spoon-feeding, simply a textbook which facilitates learning without unnecessary obstacles. to publish the cartoons, and a Facult)' of Law professor who thmks he's dead wrong for doing lt. So on October 30, I invite all of you to be students and independent thinkers. To come to an event where you don't have to question on your own if the speaker IS correct. You're going to be presented with reasons wh} they are and you're going to be presented with reasons why they aren't. You're going to get both sides of the debate. Imagine that. No matter the outcome of the debate, AI Gore still thinks we're all going to die. But, if this, in any way, helps bring our melting pot a little closer to being a tossed salad, then hey, I'm all for it.

0PI~IONS \1\.D EDITORIALS

17, 2006

25

The 20 minute On-Campus Interview

STf PHbr--. BIR:\fAN

sivc and time consuming and a lawyer's time costs money, lots of big time moola. \\'hen Bay Street lawyers spend a day interviewing students, they arc foregoing thousands of dollars in firm revenue. The point is that firms ha\'c limited time to spend interviewing students. Don't get me wrong, it is not that interviewing isn't important. However, there is a fine balance between time co mmitments spent interviL-wing and interviewing an appropriate number of candidates. At 20 minutes each, a big firm can spend two days interviewing up to 80 students. That is a lot of interviews and while so me candidates may feell.tke they didn't get enough of a chance, a lot of candidates at least get some chance. The realit) is that most of us JUSt want some chance. The 20 minute OCI bene· fits students who get to meet wtth many more firms than they otherwise could. We get a flavour for different types of firms and experiences, wh1ch we m1ght otherwise never get to sample (even if the sample 1s a Baskin and Robbins sized pmk spoon). The realit)' is that most of the firms are prett)' similar; espcc1all) the big ones and especially when your role as a summcr/ arricling student will inevitably involve research and memo writing anywhere vou go. The big firms arc fairly s1m1lar, and we are pretty simi\ar too. We aU go to U of T, we are all fairly bnght, have strong academic credentials, a reasonable amount of ambition and we arc willing to work our tails off for a pat on the back (or a paycheque). It is true that some people make quicker impressions than others. And some people are just 'off' during their 20 minutes in the spotlight. But that doesn't make the process unfair; it just makes it imperfect. I am not opposed to minor changes,

In 20 minutes your life might change. You might make an mstant connection at the firm you always dreamed of working at. This connection might put you on the fast track to a summer position, articling, an associate's jobs, partnership, the bench etc. Or you might bomb- B1g time. You might Sa) somedung incredibly stupid, forget to do up your top button, not show enough enthusiasm. ,\nd just like that, it's game, set, match, hkc you never had a chance! The realit)• is that the 20 minute OCI and recruitment process generally arc imperfect sciences. But so is interviewing, and so is choosing a law school, a career, a firm and virtually all major life decisions that you will make. Trust me young lads and lasses. 20 minutes isn't a lot of time to get to know somebody, but it is enough time to make an introductory assessment of a candidate. In 20 minutes you can get a sense of someonc's character, and recruiters do this with a detaded resume that has already been thoroughly reviewed. You can get a flavour for a candidate's interests and cxtracur ricular involvement and recrutters have certainly had enough time to review your but remember that like an ice cream transcripts and academic performance. sample, the 20 minute OCI is just a There is also the small matter of pragglimpse into the full cone. matics that has to be entered into the equatiOn. You see, interviewing IS expen-

Barriers Threatening Sustainable Development A.'\;OJlliW BINKLEY

To the uninitiated, urban planning m Ontano is a maze. Luckily I found a skilled guide in Dr. Mark Winfield, Director of the Pembina Institute's Environmental Governance Program and an expert on sustainable development in Ontario. Dr. Winfield explained that the princ1pal guarantee of environmental integrit)· in development is the Mirustry of Municipal Affairs and Housmg Provincial Policy Statement (PPS). The protection of nat-

ural heritage, water and agriculture are some of the policies enumerated in the PPS. Unfortunately, from the conservationist's point of view, these protections aren't particularly strong. They are not absolute guarantees of environmental protection, but rather a statement that these factors should be considered 10 the planning process and balanced with other factors like the need to pro\·ide housing and economic growth. \X'hile the PPS is the principal protector of envtronmental integrity in the mu-

of their recruitment team and sent, who they perceived to be the most skilled interviewer (and this is already a big 'if') that perso n still ho lds d isproportionate power in the proce!i~. What if the firm is your top choice, and you do n't get a second intcr\'iew merely because you d o n't connect with the one person the fir m sent? This is a run-of- the-mill occurrence and it's unfortunate, because personality misfits arc commo n and should no t be the so le bar to your obtaining a chance to interview in-firm. No system is perfect, and I don't know exactly what a good alternative would be. In some of the o ther provinces, like .M anitoba, they d o a matching pro cess. Twenty minutes is not enough time to The firms have to interview everyone fully assess candidates. Further, this parwho applies, and then after a full in-firm ticular 20 minutes is not enough time, beinterview with all the candidates, they cause the envtronment of OCI day IS like rank the students acco rding to their a cross between a cattle call and a gong choices. After the student makes a similar show. ranking o f the firms they met with, peo I happen to be a fairly open, talkative ple are matched up acco rding to cho ice. person, so if I have 20 minutes, I jump This is also the wa} It o ften wo rks in nght in there ... in fact, 20 minutes may medical school residency placements. be too long a length for me ... but for This seems preferable to me- b~.:causc at many people that are just more reserved least e\·ery student has the chance over than that, 20 minutes is the warming up an ho ur o r two, at the firm, to interview period. Sh\ people may have a lot mo re with mo re than o ne person. It seems difficult) forcing o ut a steady stream of much mo re civilized. chatter with a stranger they just met. Mv friend wo uld say that this is im· They may be funny, smart, warm, and caprac;ical and not financially feasible fo r pable - but unfortunately those qualities the f1rms. Well, l d on't buy that. Leaving don't have a chance to register in a 20 small firms and public interest positions mmute period, and the nerves and awkaside, the firms have deep pockt•ts- dc:ep wardness often eliminate any chance of a eno ugh to run advertisements, hand out future meeting. firm·Iogoed shwag at their e\·ents, take As well, there are people that grow on students for meals, run elaborate student you. What strikes you as aloof, abrasive, programs. And, I wo uld argue that conceited, or quirky, over a 20 minute pespending a little more on the front-end riod, can with more time, come to seem would only help them make better hiring cool, confident, charismatic, or hilarious. choices anyway, paying them off in the Some people who put vou off in a 20 long run. minute interview, you m1ght come to reAt the very least, there could be some ally liking in another context. sort of hybrid of the two situations. Consider the context: People arc There could be a higher minimum standing cornered in outside drawn curthreshold for those getting interviews to tains in their suits, waiting for one of the begin with (by whatever criteria the firm CDO people to blo\\ a whistle. When the is using), thereby interviewing a few less wh1stle blows, one batch of students people overall, but interviewing all the emerges from their curtained cubicles, candidates in the firm by more than one whJ!e another set marches in determined interviewer. to make the most of their 20 minutes. As for the argument that the OCI's arc Seemg other students immediately before also a good way for students to eliminate and after interviews, theirs and yours, some of the firms, I d isagree. I don't makes things competitive and tense. It's think meeting with o ne perso n in a cubinot the most dignified arrangement that cle for 20 minutes, while you wait fo r a could have been made. whistle to blow, gives you any insight into Finally, often the firms send one pera particular firm. That's like saying you son to conduct the interviews. This is know what U of T is like because you highly subjective and arbitrary. Even if met one student and talked to them fo r the firm assessed the \'arious members 20 minutes. nicipal planning process, it doesn't directly govern municipal planning. Instead, to permit local flexibility, municipahues create their own Official Plans and Zorung By-Laws, which in turn stipulate the conditions for development. The Ontario Municipal Board (0.\fB) adjudicates any disputes or amendments

arising from the development pro cess. Under Ontario's Planning Act, Municipal Official Plans, Z omng By-Laws and 0.\-fB decisions all need to be consistent with the PPS.

SUSTAINABLE continued on pg 26


I

ULTRA VIRI ·S

OPI'\10'\~ r\ND EDITORJ \I~

26

When Worlds Collide

3 Da}S 1 All-nighter

Sn PHI Blll\tA:-.; vntivc Leadership Convention. ~ot too hke hockey. l like politics. I like law shabby for a new politician, who school. At least two of these statements dropped out of uni\·crsity, and was previ'lrc true. ously most famous for an alleged rela::,ometimes my \\:odds collide; when tionship with Bill Clinton. the} do I am happy. You may remember You probably know the rest of the George Costanza who famously patented story. Belinda started going with Peter the tnfccta, which m Semfeld lingo was ;\1acKay, Belinda left the ConservatJ\·es his combination ot teiC\'Ision, fast food (I guess all of that 'family values' talk and sex: ~imultaneously. If you can't achieve that then a dose of hockev, policies and law isn't a bad stJmulant eaher. When news of T1c Domi and Belinda Stronach's affair and Leanne Dorm's dJ... \ ' ALLEGED EXTRA-MARTIAL mrce application became ~ATIO~ \L news, all worlds collided. The result was AfFAIR THAT BRINGS TOGETHER a colossal disregard for commitment (see THE BEST OR THE WORST OF Tie and Belinda) and the wrong type of ALL WORLDS, HOCKEY, POUTICS, attention for those who usually crave it AND LA\V. (again See Tie and Belinda). You see Tie Domi was once a hockey player, and a pretty lousy one at that. He was a goon, not known for a particularly high aptitude. However, he somehow elevated himself to star status in Toronto wasn't sitting well), and Belinda became over an undistinguished ten year career Cabinet Minister. So much for Belinda's with the Maple Leafs. He loved the atten- commitment to her party, her boyfnend, tion, ate it up. How else can you explain her constituency- and when Belinda ran his immense popularity and lousy hockey in the 2006 Federal Election she disability? Last month the 36 year old Domi placed Martha Hall Findlay's nomination tetued and was immediately bited as a in the Newmarket Aurora Riding. Hall-

national attention for two davs and even better when ir received 'handout treatment' in our Family Law class. You sec, I"amily Law seems to me to be all about commitment or at least that's what the book says. When people stop committmg, they start dJ\Orcing (folks don't try this at home). Leanne Domi applied for a divorce and m Ontano's universe of 'no-fault' divorce she didn't need to bring Tie's alleged adultery into the process but did anyway. In fact, virtually all divorces proceed on a 'no-fault' basis. However, a spouse can get a speedier divorce (or just expose mdecency) on the fault based grounds of adultery and cruelty (please use this fact pattern on the exam). Leanne decided to expose the affair. And boom, JUSt like a Mats Sundin snapshot, Tie, Belinda, the affair, the hockey player and politician were brought into the public view through Leanne's divorce application. In truth, it's a sad story. I believe in the sanctity of marriage and now Tie's 3 young children stand to lose out. While Tie gets to be Belinda's fling de jour he will probably one day punch himself in the head for giving up the post retirement opportunity to be with his family for his temporary position as Belinda's bodyguard. Or perhaps he has

commcntatm: b)' 'T'SN.

'P\nd\a)' had nanow\)' lost to Sttonach a

taken too many b lows to the head al-

Then there is Belinda Stronach. J\hhhh to be Belinda. Lots of money,

_year earlier (in a nasty race); but when

ready.

lots of power, lots of attention, virtually all of the above probably undeserved. Belinda is the Magna heiress worth more digits than my social insurance number. One day she decided she wanted attention too, and became a politician. She wanted to be a leader too, and even came second to Stephen Harper at the Conser-

SUSTAINABLE continued fr om pg 25 The PPS's potential for wide impact means one of Dr. Winfield's highest pri orities is advocatJng for stronger procedural wording in the PPS. Since the PPS attempts to balance policies, when Clti zens try to challenge development on environmental grounds, they need to provide a large body of evidence. Because developers tend to have much deeper pockets they can overwhelm citizens with evidence, resulting m a pro-development bias at all levels of planning, but espec1ally at the OMB. Stronger or absolute environmental protection m the PPS would lower the evidentiary burden on concerned citizens. The efforts of the Moore Park Residents' Association (MPRA) of Toronto to halt the proposed construction of a visitation centre at Mount Pleasant Cemetery provide an example of the hurdles that atizens face when challenging municipal development. In 2005, the

1 ~cw software package

Paul Martin came calling (or begging), Hall-Findlay took the high-road and has gone on to a David '' Goliath nationwide campaign for the Liberal Leadership. She won't win but she is now a nsing start in the Liberal party and Stronach is, well, probably looking for her way out. It was enough that the story recei,·ed

Tie was always good at bringing attention to himself as a lousy hockey player. Belinda has always been good at bringing attention to herself as a self-interested politician. Now Tie and Belinda can get more attention through an alleged extramartial affair that brings together the best or the worst of all worlds, hockey, politics, and law.

Mount Pleasant Group of Cemeteries (MPG) sought permission to build a 24,000 sqft visitation centre and paved parking lot for 80 cars. Many mature trees would be damaged or felled, part of an underground creek paved over, the Beltline Trail disrupted and one of the few city eco-systems capable of supporting the red squirrel compromised. Despite the magnitude of the proposal, the MPRA only caught wind of it in ~tay 2005 \\'hen MPG's lawyers tried to block a conflicting developer's plans. 1\fter twice being informed, in writing, by the City of Toronto Buildings Division Staff that the cemetery was not zoned for such a structure, MPG con· vmced city lawyers and planners to agree that a visitation centre was an associated use for a cemetery. Since the city had not approved MPG's site plan within the statutory forty-five days, MPG brought the matter to the OMB. Because of anticipated problems with being granted standing at the OMB, the MPRA peti-

tioncd local City councillors by gathering more than 1000 signatures, convincing the Toronto and .bast York Community Council to hear the public's case. That being said, the city refused to commission an Environmental Impact Statement (EIS) so the MPRA had the substantJal burden of providing its own evidence. The MPRA President, Cindy Caron Thorburn said that the barriers were compounded by "the boxes in wh1ch city and provincial employees operate." For instance, "the Toronto and Region Conservation Authority wouldn't get involved" because the site in question was a mere 25 metres upstream from them. On Sept. 14, dozens of residents showed up at Community Council and successfully weighed in against MPG's proposal. City Council as a whole decided to support them at the OMB. Thorburn said that residents were "very fortunate that this is an election year and that the political will existed."

GOODMANCARR.COM

0 Software help books in pdnt 1 Hissy fit in Indigo over lack of helpful literature

2 Software crashes 2 Supporting outsider visits 20 Cans of Coke 12 Cans of Diet Coke

6 Bottles of Keiths 24 Bottles of water 80 Halloween-sized chocolates 20 f Ialloween-sized gummies

5 Panicked tech support calls 1 carefully chosen Bag of Sour Cream and Onion chips

1 Bag All-Dressed chips Sushi Pizza Indian Thai The Chewbacca defense

420 songs on various laptops 4 Attemp ts to play Ace of Base

_,.

thwarted 20 under-breath comments about other people's music choices 43 Jeremty Glick references 3 calls to Jeremy Glick

There will always be members of the law school population who are distinct from others in their class. Academic superiority, business sense and confidence set them apart, yet these aren't the only qualities that define them. It's not so much who they are, but where they want to go that separates them from the crowd. These are the students who wm achleve their goals with Goodman and Carr UP. Goodman and Carr welcomes U ofT graduates Natalia BIHon and Paul Franclosa as Articllng Students and congratulates Alon Elzenman and Derek Frueh on a successful summer.

1 untraceable bad smell

3,907 words cut

= 1 Edition of Ultra Vires. Enjoy. Currently, Moore Park res1dents are waiting for the OMB heanng. In the meantime it is clear that it is very difficult, but possible, for citizens to chal lenge developers. The foundering points arc the loose environmental protection 1n the PPS, the lack of formalized notifica tJon to community groups about dcvcl opment plans, the recalcitrance of the municipality to commission EISs and the refusal of government officials to work outside their respective boxes. These Jmbalances threaten the ability of citizens to encourage sustainable development. According to Dr. Winfield, law students are Ideally suited to navigate the maze of regulations that citizens face. Two groups suggested by Dr. Winfield for the concerned law student are the Toronto Environmental Alliance (rEA) and the Canadian Environmental Law Association (CELA).

.

GOODMAN AND CARR LLP


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their power:. out against each other. Or you, know, banding together to save the world. Whatever workc;.

All last year, many of you (some of you?) read patiently as I extolled the virtues of television in the pages of this publication. Television 1s JUSt the solace that overworked law students need, I would write. It provides the kind of delicious escapism that will slow down the mind losing process that law school engenders. Those who question its value are jjust up tight snobs who miss the medium's true beauty. It turns out I'm a fickle media-lover. A few weeks ago, I had an epiphany of sorts. I had turned on the televtston one day while I was making dinner as I often do- and Step by Step came on. Do you remember Step by Step? It was a '90s rip-off of the Brady Bunch starring Suzanne Somers and Dallas dreamboat, Patrick Duffy. And it took only one episode to remind me of just how bad a show this was. In a classic instance of TV synergy, Steve Urkel guest·Starred in the episode and wowed everyone with a per· formance of his song, "Do the Urkel". I have a special dislike of Steve Urkel. It may have something to do with the fact that I am also dark-skinned, bespectacled, and skinny (and was skinnier still when Urkel's show, Family Matters, was at the height of its run). These similarities led someone in my grade ftve class to comment that I looked like Steve Urkel

The Nine One of the most interesttng concepts of any of the new shows: nine people are held hostage inside a bank, and eight get out alive. These eight find that their lives arc still hoked. for some it's voluntary; for others, they can't do anything about it. The first episode showed us the beginning and the end, but we don't know what happened through the course of the 52-hour hostage situation. The show wi\\ be flashing back to thetr ordeal as well as followin.tr them forward through the fallout. It also prorruses lots of twists and surprises along the wa}; as we learn what happened to them inside, and maybe about things that connected them beforehand. My only complaint so far with this one is that they killed off the sweet 'n cute teller rather than one of the more annoying characters - but maybe that will make sense when we learn the why and the how.

in my class photo. Instant emotional cial activism. scarnng, right there. I know for you erudite types, CBC Where was I? Right, ep1phany. I was radio has been a fixture and it didn't have hsterung to Urkel snort out the lyrics to to occur to you suddenly to turn it on. his stgnature dttty and was on my way to For me, though, this is earth shattering. l actually singing along when it h1t me: 1 grew up in a wor\d where V 1deo Killed was teetering ever-so-precarioush over the R;tdio Star. It':; prctt) cr.IZJ to h;n·c what alcoholics call "rock-bottom". radto resurrect Jtself and come back to There is such a thing as too much Tv, kick some ass. ThJs IS retro resurgence at and I had just consumed It. tts finest: we're connected through radio I immediately turned off the set and to g<:nerations who used to gather vowed never to watch anythmg so utttrly, around it for their evening's entertaindisturbingly votd of all value again. I ment, for whom the idea of television knew this would be easter said than done: would have seemed as plausible as hover TV has been my source of background crafts and ttme machines. It's downright noise for as long as I can remember. I atavistic. have tried going cold-turkey before, only As a result of my RadJO Revolution, to ftnd myself sitting on my futon with a I've actually also been watching better, if Shark pint of Haagen-Dazs, chortling at the an less, TV Aaron Sorkin's new offering, I ptcked this show over Justtce to tics of Sabrina the Teenage Witch, within Studio 60 on the Sunset Strip, has that watch because 1 prefer James Woods' a week. To truly make a change, I needed West Wing rhythm, though -I agree With overacting to Victor Garber's smugness. to keep TV 10 my life, but to supplement our TV reviewer, Joanna -- it has yet to Boy did I make a good choice. The law is it with something else. produce a funny sketch. (Tina Fey's 30 awful, the true guilty party is always My solutton has been, of all things, the Rock ts definitely funnier and possibly highly obvious, and Shark always gets the radio. 'Who would have thought that this better.) I have also been catching the ftnal conviction. It's kind of odd to watch primitive device would be my next fron· season of Stx Feet Under, and current right after my trial advocacy class because tier of entertainment? For years, friends seasons of two of the most underrated he breaks every rule that ther've just tried have been urging me to tune in to CBC shows In televtston, Gtlmore Gtrls and to teach. Why do I love it? Because it is Raruo. I have ftnally heeded their advice, The Office. Nary a Brady carbon copy so bad, tt's good, and I love yelling at the and I am hooked. I start out my days among these. TV about what I think the show gets with Metro Morning, catch The Current And after these shows are over, if I wrong. The only complaint is that they if classes start a little late; 10 the eve rungs, need more media, I turn the set off and should concentrate on all that love-toI sample a little As it Happens and Ideas. tune in to my CBC. I'm not contending hate legal drama, and cut out the storyThe news updates keep me informed on that I'm a better person because of it. lines devoted to Shark's annoying, the days that I'm a little too late to grab I'm not even guaranteemg that I won't precocious 16-year-old daughter. She's a copy of the Globe and Mail. The best pop up in UV a few tssues from now, just boring and unfun tn a way that 10 part of the CBC has been the little sur- telling you how I've fallen off the wagon, spires me to change the channel rather prises: sampling a bit of KT Tunstall's and proceed to write up an ode to In than yell at the screen. amazing album on a Saturday afternoon; fomercials. All I'm saytng 1s that there's a or listening to Nick Hornby talk about chance that I will get "Do the Urkd" out what it's like to raise an autistic child, and of my head before I rue. how it has influenced his work. And -law geek shout-out! -- I was JUSt listening to Justtce Major deride the notion of judi-

...


ULTRA VIRI .S

DI\ I RSIO'\S

30

Let me OCI for your heart

the transcripts and list of second-year back intervit"\\' at the firm, a dinner, a recourse:-. absolutely blow your mind. ception, a second call-back, and then I don't want to brag, but I know I've who knows? The sky's the limit. Just saygot a pretty good thing going. I went to ing. You don't want to get lost in the all the COO seminars over the summer. shuffle. II and shaking? I know it. Handling a firm Aw, girl, who am 1 kidding? I can't play cocktrul party or dinner? Got that shit these games anymore. I need you. The down. Small talk? Likewise. I'm the total othc.r firms are nothmg to me. You're my package, and competition for my services number one choice. YOU'RE MY wtll be fierce come November. A good NUMBER ONE, ALL RIGHT? OCI could lead to many things-a callSo let me OCI for your heart, girl. My

Girl, you know that I can't live another day without you. I think about you all the time. I think about you in FlaveUe House, and I think about you in Falconer I !all. I think about you in the Bennett Lecture 1 can rtariii.,.IU.. f lall, and 1 think about you in the Rosalie ,\bella ~foot Court Room . 1 think about SAAD AH\f:\0 \1':0 RYM Zh..'lER mustard" is the same as "mustard" -lots. you at Downtown Legal Services. I think \X'e ate some burgers. This is what we On both halves of bun. Boo. about you m FLA, Band C. I think about thought of them. We do this because we f<Ru s: Chunky fries. Fluffy, but best you in the Solarium, even though Restitulo\'e you. when hot - eat them first! Till CONTLNDI.RS: Presented in the WtLDC \RD: A local diner with lots of order visited. Prices include burger, fries regulars which is comforting. Saad says " ... TRY TO SMUDGE THE PRINT. o r onion rings, and a drink with all appli- the trays arc sketchy. Ry doesn't care, he WoN'T S:\ft:DGE, G IRL. THAT cable taxes: isn't eattng the tray. SHIT IS LASER-PRINTED. You Hero Certified Burgers 0\ 1.RAJ .1 : Saad calls this a "high burger" "Fastfoodfor l?,rownups!" C '\N \LRl ~\DY SEE HOW l\illCH J he had to stretch his mouth to fit it in. LoCATION: Hazelton Lanes (others in the "lot the other kind of high burger. Good C-\RE." city) if you need a thick patty, but reviewers PRICF: $8.89 were under\\ helmed. Bu:-.;: r\ combination of sesame and Licks cion is such a fascinating explication of poppy seeds on white. Held up well. '7 lrkt it, but I'm no/ in filet with it.'' the youngest branch of pnvate law. PKITY: A deliciously spiced patty, almost LoCATIO::-:: 49 Eglin ton Ave. E L'lst year I studied hard. I wanted to good enough to eat on tts own. Frozen, PRJCf .: S8.54 beat the curve. And I did. But it left me but doesn't suffer from it. Very tender, Bu:--.: Weak link tn the chain. Cold, so unsatisfied. 'Cause there are some some chewincss around the edges. Saad squtsh), generic. Didn't contain the cun·cs l didn't beat, girl. And those burger or toppings. cur,.cs arc all attached to you. Gir\, \et me says a "wealth of tastes". ToPPI':'-<<..~: 51gnaturc Burger comes with OC\ for your bean.

number's right at the top of the resume. Easr to find. Or shoot me an e-mail, wh;tcver. Either way, I need to hear from you. Gi rl, I gotta get in that curtained booth at the Convention Centre with you for, what, seventeen minutes? I don't need long. Shit.

Ryan and Saad go to White CastleTM

amy

I \ ·e

.~pokcn

ro the Career

Dc~'c:lop ­

ment OFfice. Lianne told me you're not holding OCIS this year. In fact, she told me vou never have and never will hold OCIS for your heart, and that nobody has or ever will. And then Lianne told me to leave, because my inquiries were inappropriate. But that ~on't stop me, baby. I decided to contact you directly and beg you for an ocr. Look at my resume, girl! First, look merely at style. Admire my tasteful font choiCe and generous margins. Stroke the expenstvc high-weight paper. Moisten one of your delicate fingers on your rosepmk to ngue and try to smudge the print. Won't smudge, girl. That shit is laserprinted. You can already see how much I care. 1 printed it on some prof's RA account over the summer-but I'll totally retmburse him. Second, look at substance. Check out all those extra ·curncular activities, girl. DLS, HIV I \IDS working group, Law Rc.v1ew. Shtt, I even dtd a first-year moot. Goodman Carr, girl. Don't you want to check out my abilities as an oralist? I know you'll want to call me even before

ch(•ddar, 1 h•ro Ccrrificd

sauce

ARTERIES continued on pg 31

(basically

Ranch), red omon, tomato, relish. Thinly shccd toppings. We wouldn't have thought of these toppings, but it definitely worked. FRIES: Thick and chunky fries, good amount of salt, a bit oily. Good texture and temperature. Yumm). WiLDCARD: Each bite tastes a little different- a more interesting expcnencc. Very neat and tidy burger. Saad kept describing everything as "chunky". OVFR:\1.1.: A very satisfying meal. Delicious and refined for a burger. Pilling, but not too heavy. We're paying $2 more than we would at McDonalds, but we're more than $2 more satisfied. Tied for best burger.

Zupa's Restaurant and Deli "'rou 'd tat it, butyou wouldn ~go out of your Wtry., LocA·no~:

PArrY: Good thickness, moist, tender, tasty - another well seasoned burger. Touch of chewiness, but in a good way. Could be hotter. Ry would eat this with a knife and fork. TOPPI!'<GS: Good selection of toppings, easy to build your burger. Cheese is shredded, put on cold after grilling- not for everyone. FRI 1:s: Tasty, real potatoes, good size and texture, fluffy. Good flavour. Ry had onion rings, which are good and juicy, nice batter. WILD< \RD: Different flavours as the topptngs change, but the burger still shines through Saad sa}S "if only they'd stop singing". The messiest burger.

342 1/2 Adclatdc St. \'\< PRICE: $8.41 Bur-: : Typical diner bun, a little squishy. PxrrY: Thick, not the most flavourful. Parts dLJ, parts mmst. Good charred exterior. Not hot enough. TOPPtr--Gs: Slopp) presentation of toppings. Some cut thick, some thin. "A little

OCTOBER

DIVI RSIO~S

17, 2006

ARTERIES continued from pg 30 The L'Heurcux-Dubc of burgers: goes on for a long time, all over the place, but you're prett) sure something good is gotng to come out of it. 0\'1 RALL: All the elements are there, but thts burger failed to overwhelm. \Y/e blame the bun -perhaps hot and toasted would be better. Something ts definitely missing, but it's still recommended.

BBQ's 'This burger is mort than the mm of its parts. " LoCATIO'J: 650 Spadina Ave. PRICE: S6.35 BL 'l: A kaiser. Our favourite bun. P:\lTY: 1\ot especially thick, tastes like a good gualiry supermarket patt)' but expcrtl} grilled. Not heavilr seasoned, but good beefy flavour. Good texture and temperature. TOPPI"JGS: Pick your own. Good selection. Warning: don't get ketchup and BBQ sauce. Toppings were very ordtnary. Ry only got one tiny pickle. He was sad. FRII.S: Available in both straight cut and

wedge. Both arc seasoned and battered. Very hot, crispy exterior and fluffy inside. Portion more generous than it looks. For Saad, with a little less seasoning, these could be the best fries. Wn DCARD: \ou have to wait for your burger. Ltmtted seating. 0\TRAI 1.: Not the b1ggcst meal, but grL'llt for the price. Would make for a good lunch - satisfymg, but not too filling. fwcrything fit together well. Best \'alue burger.

People's Foods ".4. damn jint burger. " Loc.mo:-.;: 176 Dupont St. PRICE: $10.49 Bu~: A big, heavy, white bun with a few sesame seeds. Heaviness not a detriment. Held the burger well. PATrY: Homemade patt\. Good taste, moderately seasoned. Htnts of pink perfectly cooked. Great texture cr1spy outside, tender inside, jwcy and breaks up well tn your mouth. "Mmmmmm" said Saad.

31

I< )PJ>I:-:Gs: You add your own ketchup and mustard, they add the rc~t. Rdi~h was a bit hLaV) on Ry's. FRJI'<,; \kal came with fr'ics and onion rings. Both were capital. Starchy, quinte:-.sential diner fries, need ketchup or vinegar. Disti~ct onion rings- they had their own charm. \XIIIDC.\RD: No nonsense service. It's a greasy spoon wtthout the grease - very clean, and great ,·entilation, we didn't Rebuilding Wagner smell like our food afterwards. Lots of I hursda\ Sept. 28, 12:30-1:30 neighbourhood drop-ins for takeout. Four St;asons Centre for the Performing Cozy and weU lit. Small booths. Arts 0\TR.\1.1; rantasoc m<.:al. Very filling and }tan-Philippe J)lmtrt, piano, ptrforms Glenn satisfying. The proprietor is an artist who Gould's tra11scriptions qf music I!J lf'tzgrur knows his craft. Howe\·er, you can't cat this meal too often- you'll die, but you'll Music Toronto die happy. Tied for best burger. Thursda\ Sept. 28, 8:00pm Don't wait for the brontosaurus. Go grab St Lawrence Centre for the Performing a burger. Connect yourself to your an 1\rts dent biological heritage. If Lucyl 11could, Mem/Jm of the Emerson String Quarlttu·ilh she would smile at you. IPit I lafl, pia11ist

Enduring Arts:

.,.u,· old skdtton (ound on I\tluopoa

111That ....

Thursday is my most intense day at school. I've got class during lunch-time, ----------------------------------------------~ Salsa class, and mandatory Trial ;\d from

The Big

c h i II

6-8. \\hat do I do when I find out that three. quarters of my second-fa\'ourite string quartet in the universe will be in

Erin takes Kathryn and Laura on a REAL ice cream adventure ERI:".

~fLRR.\\,

l..J\l R'\ HAGE, ,\:-.lD

KATHRY

BIRD

"A i1r reading Kathryn and La11ra i '7 Scream,yort Scream, wt all Scream" i11 last month's Ul "; I hat't to admit I was both shockLd

a Pavlov bell: We were drooling as soon as we walked in. Erin might have been right about this one!

Dutch Dreams

The porttons arc massive, covered with whipped cream and fruit and the icc cream is yummy. \XFhat's most Impressive however IS the variery of waffle cones available. Ranging from the tradittonal waffle to the fanctcr choco\atc dipped

town and there are student tickets available ($5)? Well, so far, seeing the Emerson Strtng Quartet play hve IS a once m ·a life-time opportunit). '-o contest. Then a friend offered a 'ttcket' (the concert was fred) to see a noon-hour

(78 Vaughan Road, \XIest of Bathurst and an<l disappointed in their choicn of ice cream North of St-Clair) l't/IJIU to rer•iem !j there t.r one thin..e, lion, it} Off the beaten track, this family run kind to the e~·cn f.1ncicr con:rccl in ~;kor concert ;Jt the new opera house, fc..-:uurinK ke crm111. (Apparent!J, other peoplr also lor•e place has been attracting neighbourhood chunks varietr "one of the most sought-after pi:1ni~ts eati1te, ice crta/11- JJ1J!liJ.ilovticecrea!luO!ll}. After icc cream lovers for decades. The photo Dessert Lady on the Canadian music scene." f I em.. can I hart spmt the past25years dn'riopi1~e, this of found1ng father and son sporting tra- (20 Cumberland Street tn ) orhille, \Xbt anyone study in this city? parlimlar loz•e and alon,_e, tht m:y .rpreadit{e, the ditional Dutch costumes (complete with of 'ronge) The noon-hour concert turned out to good word to tbosr near and dear tq me. So, . . . . - - - - - - - - - - - - - - - - - - - - , http:/ I duserllatfy.cal be a pretty casual affair. It was not actunjierperhap_s afnr too lllll'!J drinks on a SatErin raved about this place claiming that ally in the opera theatre, as I had hoped, urdt!J night I cOJ!fronted the mir»ing d11o and she had lost count of the number of but in the "amphitheatre" a.k.a. upper ridiruled their limitrd klloJJ.frt(ge '!f top ice times she took mid-afternoon breaks lobby. I should have figured that a solo mam locations in Toronto. f)~~s later, u·e t!IJfrom her office around the corner this piano concert would take place in a more barktd on a;oumry toJ?.ethrr to e:><.plorr what I summer to visit Dessert Lady (or "DL" intimate ,·enue; however, the ''open· contmb•fttl is tbe perfect u~ry to sptnd fi'!J' dqy, ttl as the establishment was coded in work cept" glass-walled amphitheatre was 01fJ l1111e of]ear- Mting ire crer1111." Erin emails). \\'e think she just wanted an ex- hardly intimate, no matter how close we cuse to get out of the office. Although sat to the pianist. Madeleine's Cherry Pie and the bake shop is brightly coloured and Perhaps in response to criticism that Ice Cream their dessert on displays arc mouth-\va- ·the Canadian ( >pera Comp<tn} is nc 1t pertering, the icc cream \\~as not as flavour(1087 Bathurst Street, South of forming any Canadian operas during this Dupont) ful as expected, and disappointing. highly publicized first year in its new JJ1l71.rillageirecream.co!ll There is some crowded stool seating house, the concert was distinctly CanaDespite being near a busy intersection, available by the front window, but the dian. It celebrated Glenn Gould, one of th1s tea shop feels like a delightful small establishment is much more of a takethe world's most famous Canadian musitown find on a long car trip. The shop away venue than a sit down dessert descians, and Jean-Philippl Svlvestre, the tination. displays its pies, cakes and baked goods young Canadian soloist who honed his on antique shelf units. .1\nd you know Also Recommended: art in Canada. The ~I. C. also made menwhat goes really well with pic? Ice Hollywood Gelato tion of other Canadians with a conneccream. \tadcleine's scoops creamy deli(1640 Bayview .1he, at ~lanor Rd) tion to Wagner. cious J'...awartha icc cream in a varict)· of Erin's Recommendation but ~1ike Pal Gould, most famous for his Interpreflavours, from tradittonal vanilla to says it too - and he is the former SLS tation of Bach was, unbeknownst to Canadiana 'moose tracks' - vanilla icc president. many, a passionate Wagnerian. The procream with peanut butter cups. And Cold Stone Creamery in gram for the afternoon consisted of with cozy seating available around a Hoboken New Jersey three transcriptions for piano of excerpts fireplace, there 's nc> need t<> take )"Our . d d b ll · f We get that th1s is ~ long way, but clogs) 1s surroun e y a co ectton o from Wagner's orchestral and operatic Cone Outsl. de to the cold. Take ~·our . firom th c ceJ.1- Kathryn travelled to '\.ew York to get icc _ garage coUceo.bles h angmg works. Gould recorded these transcripgrandmother in the spring for h .tgh tea ·tn ing: old skates, a tricycle, mobiles and a cream, so you will tal our recommen- tions but never performed them Ji,·e. r\ the Cou rrvard garden. 'v'c plan on return· on d ust)' carpet. ' \ ny anJ dation. --, "" random gerue benefit of the recording studio was that ing this winter to try their soup. Followed even• icc cream flavour is on the board. Gould could overcome the limits of his by icc cream. The front door chime an- And. should you happen to need imtwo hancls and better cover the multitude nouncing your entrance has the effect of ported Dutch biscuits, this is your place.

d/,

THH CRITl!RIA

Bt •: a cntical aspect of any burgc.:r. In one case, the bun may have provided that extra pu5h to make a decent burger good. Often overlooked, but at your peril. PA"ITY: the heart and soul of every burger, it's like the screenplay of a movie. J\ great script doesn't always make a great movie, but }OU can"t even have a good movte with a lousy script. TOPPINGS: surpriSingly, topptngs sometimes go under a burger. This could be the biggest tlung since the Interweb. FRIES: the qumtessenoal companion to the burger, except the time Ry had onion nngs. Or the Lime we had fries \:'\D oruon rings. \Ve w·ent a little wild. \X11I.DCARD: this is the stuff that didn't fit anywhere else. Ambiance. Ugly people in the next booth. QttA.I.ITY OF THI· TRA't. Senously. It matters. OVJJlALI~ Sometimes a burger is more than the sum of its parts. Good enough to make Samuel I... Jackson say "This IS a tasty burger!" Other times It makes you ·want to play Vince Vega and shoot someone in the face.

L------=======-------...1

PICTURE YOURSELF AT BLAKES. Where great work and great people come together.

BLAKE, CASSELS &

GRAYDONLLP MONTRtOAL OTTAWA TORO NTO CALGARY VANCOUVER

NEW YORK CHICAGO

LONDON

BEIJING

BARRISTERS & SOLICITORS

ARTS continued on pg 33


32

U LT RA VIRES

DIVERSIONS

OCTOBER I am saying is that it was a np off. At exactlv 45 minutes into their set, they stopped. People didn't cheer as much as just stand there in silent surprise. Of course, Tribe came on for a few encore songs, but all in all, the general re\ 1ew from those I spoke with was "disappointtog".

Roger Waters Venue: ACC Opening 1\ct: 1\onc Rattng: 5/5 For those of you who read my last review, it was prett) clear I have a slight bias towards Pink Floyd. Well, I will be as objective as I can for this one. This concert was probably the best coordinated and performed concert I have ever been to. I( it had been in a smaller venue with better acoustics, I am pretty sure it would have been the best concert I have ever been to (OK, It was the best concert I've ever been to, but I'm trying to be objective). :Mr. Waters and hjs band including two keyboards, 3 backup vocalists, lead gllitar, drums, saxophone, and him on bass, of course, put on an incredjble JORON\ NAH\ilAS was a good mix of old and new, Includ- underground rup-hop movement, as well show p laying a 3-hour set of Pink Floyd As school, OCIS and the like have ing various hits from B/oodSugarSexMagik, as influenced most of the mainstream songs ranging from the early album A dawned upon us, I have sadly been un- Californicatio11, By Tht Wtry and One Hot hip-hop we have heard throughout the Saucerful of Secrets, to Dark Side of the able to attend as many concerts as I Mittute. I n fact, it was hard to tell whjch runeties and onward. As such, this con- Moon, Wish You Were Here, Arumals, would h ave liked. r-;;evertheless, the few album they played more songs from. Of cert was a sort of "Mecca" for Toronto The Wall, and the last Pmk Floyd album that I have been able to atten d (while try- course, the startdard "Un der the Bridge" hip-hop listeners. I even met someone Roger was a par t of, The Final Cut. As ing desperately to get a summer law job) was played. They even did a "London who paid $300.00 for his one ticket. he does in all of his shows, Waters inh ave been pretty good. This issue, l will Calling" tease at o ne point. B ut, the Sadly, 1 am p retty sure this guy w·astcd rus volved a lot of cinematic effects utilizing pro f\\e the three concerts seen m Sep- crowd favourite was definitely wh en they mone). upon enterin g the venue, the au- a h uge screen b eh ind the stag<.: t o show te-mber. pl.1yed "(ali fornication ." -...:cvcrtheless, dience was greeted with two massive videos which reflected each song. There Red Hot Chili Peppers the show got a low rating. " W"hy?" you screens, continuously promoting the was also fire, explosions (particularly fi tVenue: _\CC might ask. Well, as expected and consis- newest 2K sports \ideo game (the ting for the songs from T he Wall) and Opening .\ct: The Mars Volta tenth• reported tn other Chili Pepper con- soundtrack of \vhich contains some c\·en the famous toflatable pig which Racing: 3.5/5 cert re\·iews, the vocals were Jess than Tribe songs). Of course, there \\."ere also roamed the atmosphere of the \CC. After the release of what many have 1mpressive. It appears that the Chili Pep- some \ 1dco game booths where you That was just the first set. For the second called the Chili Peppers' best album to pers, although capable of putting on a could play the newest games, if you really set, we were luck} enough to hear the endak, Stadium Arcadtum, dus promised great show with all the energy you would didn't give a shit about the music. Any- tire Dark Side of the Moon album to be a great show. It was. Although 1 expect from them, just don't have the way, after listening to the opening act (wh1ch hasn't been played in full tn missed the opening act due to other voice they manage to produce in the stu- from 8:00 until 11 :00 pm, Tribe finally Toronto since about 23 years ago). Keedrecreational activities, I was quite Im- dio. 51tghtly disappointing, but a great dec~th:d to come on. I wouldn't say they less to say, it was pretty cool. Along with p ressed with the concert. The stage itself rught non etheless. performed a concert though - it was the encore consisting of about half of was very well done - huge mO\ ing A Tribe Called Quest more like a mix tape. They plaved the disc 2 of The Wall, ending in "Comfortscreens behind the band, lights and Venue: The 1-,.oolhaus first two rrunutes of about 30 songs from ablv 1\umb" (and the autographed CD screens which extended O\'er the audiOpening Act: I really don't remember, albums including \i1dmght Marauders, made out to me I received after the ence, as well as a variet) of video and but thev didn't get off until 11 :00 T he Low End Theory, and T he Love show), I can easily sa) that his performlighting effects to complement each Rating: 2/5 Movement. I am not denying that does ance left me "comfortably numb" - exsong. The sound was prett) good too, Tnbe, as many devout hip-hop follow- not reqwre a lot of talent, and I am not actly how I wanted to be after a Roger considering it was the \ CC. The set list ers will know, is a group which led the savtog they didn't sound good either. All \Xfatcrs concert.

THE BRASS RING ACTUALLY HAS AN ADDRESS Yo ur p rofessio nal dreams may we ll be w ithin yo ur gra sp . Lenczner Slag ht is one of Canada's leading litiga tion firms, rated in the to p tie r by C hambe rs and Partne rs and at the centre of LEXPERT's To ro nto bull's-eye. It's up to you to knock at o ppo rtu nity's d oor. For more info rmation, contact Barbara Russell, Human Resources Manage r: (416) 865-3557or brussell@ litigate.com .

You want to be on our side

litigate.com

17 2006

ARTS continued from pg 31 of orchestral parts by over·dubbing himself playing additional Lines in the ..denser sections. This feature made the alreadychallengmg capricious works even more challenging for our unflappable young soloist, who added his own layer of in~ terprctacion to Gould's already Canadian mtcrpretations of Wagner. I was sadly distracted from this concoction, so goes my only complaint, by the hectic intersection of University and Queen, which, in our glass box, the audience was floating on top of. jaywalkers, hotdogs and taxis made their way toto my concertgoing experience. The evening's concert was also chamber music, this one situated in a suitable

Tis' the season to watch hockey !\.Ill SIIWJRO

Given the manner to which the first season of the "new 1\;HL" unfolded, it's an} body's guess wh1ch two teams will be mecnng in the Stanley Cup final come Ma}. Anyone who savs that the} predicted that either the Hurricanes or the Oilers were going to be in the finals is lying. Last year aefinttcly did demonstrate rhat an y team has a chance of winning die Cup. Well, maybe not any team ...

Cup Contenders: One has to imagine that eventually the <>ttawa Senators arc going to make a legitimate run at the Cup, and with a lineup with tons of talent and having filled the ..·oids left by the departures of Chara, ! Iasek and Havlat with Tom Preissing, Joe Corvo and Martin Gerber, this could be the year. The Buffalo Sabres play an amazing team game and emerged as a scnous threat last year with their depth at forward, solid goaltending and their uptempo play. The New Jerse} Devils have resolved their salary cap issues thanks to the best G\1 Lou L<lmoriello, and remain a force because. of clutch Martin Brodeur and a healthy Patrik Ehas. Obvious!} one cannot discount the defending champions, the Carolina I lurricanes, \\.ho return all the major elements of thur championship team. The 1\,ashvillc. Predators arc poised to make a run in the West thanks in part to the signings of Jason Arnott and J.I~ Dumont and the arrival of rookie Alexander Radulov, that join an already potent offense with solid goaltcnding. The defensive duo of Scott Niedermayer and Chris Pronger is almost unfair, and along w1th some talent on offense, the Anaheim Ducks are a strong candidate to finish first in the Conference. Darryl Sutter may no longer be behmd the bench, bur the addition of Alex Tanguay along with Jarome Iginla, in combination with a dominant defensive core and the most dependable goaltender in the league in Mikka Kiprusoff, make the Calgary Flames tough to ph) night in and night out. The. San Jose Sharks will look to pick up where they left off last year and the

DIVERSIONS

33

"chamber," the charming Jam· .Mallet Theatre. Here the outside world was completely shut out, as was anr evidence of high technology. One of the great things about classical music b how it is always to the perfect volume range, Without need for amplitication or earplugs. The three memb<.:rs of the Emerson t]Uartet opened with Mozart's Divertimento in E-flat, for ~tnng trio, K. 563. Like a lone piano expressing Its take on a lush orchestral work, a string trio seems to lack any sensuous fat, this time in comparison to the more traditional string quartet. \\1hile the sound of a string trio is always transparent, ,\lozart crafted a range of textures and achieved great · depth from the austere instrumentation.

J\lter the apollonian Divertimento, \1.-ith irs discipline and purity of the classical era, one almost drowns in the over· spilling visceml nature of the Brahms piano lJUartet of the second h;tlf of the concert. lmmed1atcl} a lusher work because of the added piano, the dark G minor quartet allowed the musicians to romanticize and luxuriate in their own gorgeous tones. Enjoying the opposite fate of the works of \X'a!,>ner performed in the afternoon, rhi quartet was, inter· estingly enough, transcribed for orchestra by J\rnoltl Schi>enbcrg. II igh 3rt rr eet:; hedonism in the final mm·ement of the quartet: a Gyps) rondo finale that I like to think topped the late 19th Cemury pop charts. An audience

favourite e\ en toda}', the v:irtuostic piece contrasts chmaltzy gyp y "slow jams" with wiiJ break-neck dance music and swapping of solos. True to their reputa~ tion and the record1ngs I have heard, rhe Emerson Quartet's performance was as polished as thcir patent leather footwear. Their flawless Jelivery ensured that not a single distraction would get between the composer':. intentions and the audience's souls. October's Tip: Did you notice that I saiJ the Emerson is m} second favourite string ljU:trtet? Check out my Number One, the St. L'lwrencc String Quartet, Nm ember 28th, same\ l!nue, same crazy price. You've seen the f<x>tage of Bcath.:mania? That's me on November 2Rth.

addition of :\!ark Bell should mnke Joe Thornton and Jonathon Checchoo e\·en more dangerous. Not since 1981 ha\'e the DetrOit Red Wings started a season without SteYe Yzerman, but the \X togs still have scnous talent 10 Pavel Datsyuk, Henrik Zetterberg and 1\1cklas Lidstrom along \\ith the circa 1999 goaltending duo of Hasek and Osgoode.

Cup and no\\. after some. crucial losses (Pronger, ~amsonov, Pe<.a, Spacek) it appears as though they will have to work to get back to the playoffs even though their offense with Hemsky and Jaffrey Lupul should be great. the first time since Kirk \lcLean the \ ancouver Canuck~ have a reliable starung goaltender in Roberto Luongo, but Luongo, Naslund and the Sedin SISters will need to excel to offset the losses of Jovanovski, Bertuzzi and Anson Carter.

rookie Evgeni Malkin, while the Washtni:,rton Capitals have the most dynamic goal scorer in \lcxander Ovcchkin and reliable Olcf k.olzig, but that is about all they have. The Los Angeles Kin~ tmproved their front office bv bringing in new general manager Dean Lombardi and coach Marc Crawford, but unfortunately they don't have (;nough good veteran players while the St. Lows Blues just really don't have much going for them at all.

Might as well book your tee times:

Cup Prediction:

Playoff Potentials: The '\.ew York Rangers surprised man; With 44 w1ns last season, and if Jaromtr Jagr and I lenrik Lundqvist can stay healthy (which are big 1fs), they should remain a very compeouve team. The same is true for the Philadelphia Flyers, who have some strong young talent and nrc hoping that somehow Peter Forsberg can remain healthy. It's true that the \1ontreal Canadiens will still have a tough time scoring goals, but a strong defensive core and the emergence of young fast plavers should enable the J labs to be a factor. The Tampa Bay Lightnin~r are sttll dangerous on offense with Richards, Lccavalier and St Loui!', but a suspect defensive corp w11l put pressure. on unproven goaltender Marc Dems. The Toronto Maple Leafs addressed their need for defense by bringtng 10 Pavel Kubina and brick-footed Hal Gill, and if the Leafs can get stellar play from talented goaltender Andrew Raycroft, and then possibly start to score fi\'e on fi\'e, they will make a run at the postseason. The Boston Bruins might be the most Improved team in the East after brtnging in defensemen Zedeno Chara and Paul .\lara and talented forwards Marc Sa\ard and Phtl J.....essel, but their lack of d<.:pth on defense and questions in nets could outweigh their explosive offense. The Minnesota \X1ild, for the first time in their history, went out and spent during the off-season acqwring defense men Keah Carney and k.tm Johnsson as well as forwards Pavel Demitra and Mark Parrish in attempts to add some depth and offense to a solid defensive team. The core of the Dallas Stars remains in tact, and the risky additions of quick-thinking Eric Lindros and hard hitting Mike Ribeiro could make the Stars dangerous. Five months ago the 1 dmonton Oilers were one win away from winning the

ror

Ltkcl} result; all Canadian final: CalThe Atlanta Thrashers are looking to gar) over Buffalo in 6 games reach the playoffs for the first time in Sleeper result; Philadelphia o\·cr Mintheir history, but they'\\ need their injury- nc~ota in 7 g?-mes prone goaltender Kari Lehtonen to stay Toronto Maple Leaf Fans: I.ook forhealthy and the departure of the under· w·.mJ to celebrating a birthday as a 39 rated S;l\ard and Peter Bondra won't help year Stanley Cup drought hies the big 4the1r cause. The Florida Panthers have 0. skill at forward and Bcrtuzzi should re- INTRAMURAL ACTION capture his old form in a new environlf you can't afford the tickets at the ment, but old man Ed Hclfour and so-so ACC, or you're simply tired of watching Alex J\uld won't be good enough to keep incessant losing, you might want to check them in playoff contention O\'er the en- out the exciting hockey of Dh·ision- I intire s<..1son. tramural. The Columbus Blue Jackets ha\·e some The men's Dt\lsion 1 intramural d, nam1c young talent 1n Rid Nash and hockey team IS looktng to build upon a 1\,1~ oh1 /herdev, but not much else. The soltd last year in which they made it to Ch1cago Blackhawks 1mproved by acquir- the semi-finals in both !'emesters. ;\!ing forwards Michal J landzus and Martin though the team lost some key players to l lavlat and will need goaltender ~ikolai graduation, this year's team has a good Khabibulin to regain Ius Stanley Cup mix of \"eteran leadership with returning winning form if they hope. to e\·en com· players such as Kevin Grecnspoon, Ryan pete. The Colorado Avalanche pale in Taylor and Dan Remick, in combination comparison to the powerhouse that we with some new first-year skill. are all usc to, and though thcv han classy Both of last year's semi-final losses Joe Sakic, young snipc.!r Marek S\"atos and came at the hands of arch-ri\-al UT Scartrendy goaltender Jose Theodon., they borough, who eventually lost to powerjust no longer have the depth to be a fac- house Trinit)· College in both finals. The tor. The Phoemx Coyotes made some season consists of five regular season strong free agent ptck ups b\ s1gning de- games per semester, with the Law team fen semen Jovanovski and l\,1ck Boyton, kicking off the season on Saturday Octobut until Wayne Gretzky IS pla}mg on the ber 21 at ..,pm at Varsity arena.The hopes power play, the Coyotes will be watching of the l..a\\ school don't solei) rest upon the postseason again. the DivisiOn 1 team as the Dmsion 4 In contention for the 1st pick team will also be trying to brmg home in the next draft: the championship. The Dtvision 4 team It is difficult to imagine hm'-' '\.cw features some reliable veterans combined York Islanders will be competiti\e g1\en \vith an influx of first year talent. Divithe ridiculousness that has taken place in sion 4 also has a five-game regular season their front office, but they do have a and has its first game on Friday October good new coach in Ted Nolan. The Pttt:.- 20 at 11 pm at Varsity Arena. burgh Penhrutns have the best player in the lea!-,>ue 1n Sydney Crosby and super

,

_,


34

ULTRA VIRF.S

DIVERSIONS

Ultra News "Fiavelle basement men's washroom" declared historic site

tant Dean Bonnie Goldoerg expressed relief over the announcement: "\X'e were under mounting pressure from students to modernize the facility, but we in the administration knew thatmuch like a legal education- a washroom isn't intended to offer a 'practical experience'. I think the students understand that now." Doug (2L) was in agreement: "Last year, I thought the bathroom totally sucked. But now, whenever I use one of the stalls, I remind myself that Cecil W'right and Bora Laskin and Paul Martin all sat on this exact toilet seat at some point. It just sends shivers up my spine- it's truly inspiring." The law school administration plans to focus on its achievement in its next admissions publication by inviting alumni to share some of their "Fiavelle basement bathroom" experiences with future generations of U of T law students.

The University of Toronto, Faculty of Law has a new accomplishment to add to Its long list: a Canada Historical Heritage Site in the basement of the main acadelTtlc building. The "Fiavelle basement men's washroom" will join the prestih.,.jous list of federally prQtected historic sites -a list that includes several Canadian treasures, such as the Rideau Canal and the house in wh1ch Str John A Macdonald was born. "The Jaw school has worked tirelessly over the past several decades to ensure that the men's washroom kept all of the same fixtures and atmosphere as the day it was built. We're thrilled to see the federal government finally recognizing our efforts," beamed Dean Mayo i\foran. In its report, the Canada HerS \.\t At•t:r Itage selection committee cited the use of "7-watt light bulbs, separate cast Recipes for Success iron taps for hot and cold water, and no The Universtt} of Toronto Press is about window or ventilation system whatsoto release "Core-ective Justice", a collece\·cr" as strong evidence that thts was, tion of the apple-based recipes faYoured tndeed, a pre-hygienic bathroom. Assis-

by the law school's favourite nghts-based theorists. The book includes "Grandma Benson's Brown Sugar Braeburn Bake" and "Rlpstein's Old Time Rustic Russet Rhubarb ·aganza". Says edJtor Ernest J. Weinrib, "These recipes envision desserts as core-elatively situated, with chef endant and peel aintiff as do!!r and sufferer of the same deliciousness." I'RI ORICK SCJ-IL\IANN

Moran: too nice to be Dean?

of one da} becoming a great belligerent and e\11 Dean. At one point I think she tried to choke Arnie Weinrib." But I haven't seen her take that smile of her face for a smgle moment since she became Queen Dean." When asked to comment on the possibihty of bemg replaced by a "mean" and "evil" leader, Dean Moran disagreed that she lacks the essential gualities. The ever-pleasant Dean added "UV is a load of horse s"' · *t, and the people who run it arc just know-it-all mother f******s." STJ PHI'-'-' BIR~f.\:-.;

A wave of support among faculty members exists for Dean Moran to be "relieved of her dut1es as Dean." Most attribute this to the Dean's lack of "mean" and "evilness." One faculty Professor Brudner assaults member claims that the Dean is not liv- random bystander, makes ing up to her predecessor, Ron "if you lame excuse say another word I will kill you" Daniels. Criminal Law professor Alan Brudner "She just doesn't have that abilit}, you was seen throwing a pie in the face of a know, that special unigue ability to tell a random bystander who was jogging student to 'shut the f**k up', or to tell a through Queen's Park over the weekend. faculty member tO 'stick a sock up thetr When gucstioncd as to why he would do arse'." such a thing, Brudner admitted "OK, so James (3L) was on the Dean Search maybe it wasn't imputable to his agency, Committee and concurs with the assess- and maybe he dJdn't implicitly deny anyment. "When we hired her, we thought one's rights, but whatever man, it was she had it, during her interviews she was prett) damn funny." Sn- \ E \\'t,RIER cursing, yelling, and showing all the signs =-

Law School Criss Cross

Briefly Noted ~~ ~~ Human rights overrated, grossly

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4 5 9 10 12 13 15 16 17 20 21 24 27 28 29 30 31

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Across President of the SLS Colour of Professor Phillips' Car Best halloween costume last year (3 words) Bachelor of the month (1st name) Token Newfie (2L) Trailblazer recognized for her human frailties and imperfections Legal Clinic (Not DLS) Weekly Newsletter Glick, not Matthew Last SLS president not acclaimed (3L) Popular Watering Hole Founder of the Law School Creator of the show House MD and graduate of law school (first and last name) 6th and 7th Deans of the Law School (first name) Biggest Classroom 2L whose exam response in Christmas exam was "Happy holidays"- last name Best looking second year from the 'Peg (2

1

2 3 6 7 8 11 14 18 19 22 23 25 26

Down License plate of Construction Law prof Who is the yAHMIASt? Reason why less pom is being downloaded this year- hint JDIMBA name 2 words Shine'iest first year (first name) S~cond best looking second year from the Peg (ftrst name) ~ormer Prime Minister who walked in our halls Supreme Court Graduate (2 words) Country you can go to with IHRP Dea~ Moran's astrological sign Pres1dent of every club in school Ubiquitous email queen Most common faculty name Now hiring in house catering Conservative on Campus (3L student- last name)

Abella calb Moot Court Room "a dump"

OCTOBER

17, 2006

D IVERSIO'l\.S

Trivia contest NOW! The Faculty of Law was established in; a. 1942 c. 1897 b. 1932 d. 1887 t\otable \lumni tnclude (Circle); a. ~1tchael Ignatieff b. Ton} Clement c. Peter Hogg d Russell Goldenberg Name the Supreme Court Jusuce that Graduated from U of T and the year of graduation? a. l\lr. Justice Peter Con b. Mr. Justice John C. Major c. ~1r. Justice Bora Lasktn d. Madame Justice Deruse Reaume How many hockey games did the Law hockey team (A team) win in the 2005 · 2006 season? Dean Moran's dog's name is (circle) a. Black Lab named Chloe b. Dachshund named Alfie c. Chihuahua named Paris d. Yorkshire Terner named Peppercorn How many boxes of pizza arc ordered during the academic year to the law school? (Please state your lo~c)

35

Shortbus: Neither short, nor a bus I SAYR \'\, SliLb\ \'\,1

The opening sequence of Shortbul> constituted an all-out assault on the sense!'. There was humping, full frontal (oh yes, clanks!), attempted autoerotic fellation, in other words, unadulterated adulteration. In the words of OJ \ssault, it was "Ass, tttties, ass 'n tittles, ass ass titties titties, ass 'n tJtties". I was as thrilled as a nun on Christmas. But, like the sharp sting of a cattle prod, and all things thnlling, it didn't last. The problems with Shortbus were manifold. The acting was reall\ bad. Canadian TV bad. Think Ready or Not, circa grade stx. I half expected Busy Ramone to come bounding around a corner with Troy, only to find her father uncomfortabl} stanng at them through the glass of hts butcher shop. Mr. Ramone had only fired Troy because he thought Troy stole money from the store; or so he told himself. "\Xihere's your white hood?", we would ask him, with a slow shake of the What is Professor Phillips' middle name? a. Peter c. Paul b. Robert d. Samuel

head. ''Baby eater!", we might hiss. t\fter all, I lc's never denied eating babie:.. Perhaps he was too busr Eating babies. But alas, the Ramones were nowhere to be found. It's a shame because that would have kept me prett}· amused for the duration of the movie. The actual premise went somc:thmg like thts: couples counsc.llor Sophia (played by Sook-Yin Lee of \luch Music fame) is pre-orgasmic, which means she's never had one (healer heal thyself?); James and Jamie are a couple who seeks out Sophia's help. After a comical interacuon, the Jamtcs bring Sophia to Shortbus, whtch is an exclust\.e orgiasuc club full of sexual experimenters. Sophta explores Shortbus and her own sexuaht} on a quest to have an all-too-elusive orgasm. A sexual Odysse} of sorts, I was reminded of the Rocky Horror Picture Show at times. The Brothel Madam, for

example, was a Dr. Frank-l': -Furrer in her own rite. There were a lot of explicit sex scenes but the shock \'alue alone couldn't save the awful script. The characters did not develop throughout the movie and rhe viewer was left wondering what it was all for. Was it just a shock vehicle? Was it a feel-good movie? For me it was just another romantic comedy with a new spin, rather than a diffen:nt sort of mm ie altogether. It seemed to me that Sophia and her husband Rob's rclationshtp was glonfied normatively, despite the presence of Shortbus itself, which 1 felt was only a \Chicle for the restoration of thctr perfect pair bond. Despite promising opening scenes and occasiOnally sharp dialogue., Shortbus didn't guite work for me with tts poor acting, recycled storyline, and heteronormative undertones.

Pnzr

Submit answm to Yael Bogler (2L). Tbe first MALE and FEJ\.1ALE to submtt C0.\1PLii.TI.:.D and CORRT;Cr crosswords 1\JD trivia ansu•ers W'Il\~S a DIN'\il:.R FOR nt'I'O W'ITH THE UV l.:DITOR OJ· YOUR CHOIO!

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.Muffin madness more like mouldy bagels Trailblazers to release nude calendar ,_ to raise money to promote trailblazing Roach sick and tired of being call a "cock" Ran Goel tries to sa\·e the world again .... but forgets passport for the first time ever, Ryan Taylor becomes angry

Good eo e 01ake s great.

J I SA has welcome lunch, only 324 people attend Richard Luft gets 30 callbacks from female interviewers .. :without doing OCIS

Good mans is a different kind of law firm, rich in culture with a deep commitment to quality and client service. It is a place of good humour and good Will with an uncompromising reputation for top-notch legal work.

Heenan rejects students in mass email.. .. students ask "Who's Heenan?"

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

First and Second years party it up on Thursday night, Third-Years realize they're nerds

For more information on our Student Programs visit us at www.goodmans.ca or contact Chantelle Courtney at 416.597.4202 or ccourtney@goodmans.ca.

U of T student Glick nominated for guirkiest law student in history ... which one?

GoodmanS Second year hotshots shocked to learn "t\1"' callbacks were for Buffalo offices

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..

NOT MANY 115 YEAR OLDS ARE AS ACTIVE AS WE ARE. GREAT THINGS HAVE BEEN HAPPENING AT CASSELS BROCK THIS YEAR. In fact, great things have been happening at Cassels Brock for more than 115 years. from the way we continue to evolve as a firm, to the entrepreneurial spirit we foster within, to the fact that since the begmning of the year 13 lawyers have chosen to move to Cassels Brock, we're continually Improving ourselves and the services we provide to our clients. Further proof of how great things have been this year comes from the fact that we've been

involved in more than $25 billion worth of transactions for our clients - and we're only two-thirds of the way through the year. Those are numbers and facts that we're definitely proud of, and we want to continue improving on them. Yes, we're a firm with a long and thriving history, but we know that the greatest measure of our success 1s our clients' success. At Cassels Brock, we know what it takes and we get it done~

FOR MORE INFORMATION ON CASSELS BROCK PLEASE CONTACT OUR MANAGING PARTNER MARK YOUNG AT 416 869 5380.

THE 13 LAWYERS WHO HAVE CHOSEN TO MOVE TO CASSELS BROCK IN 2006:

Peter Bouzalas, Busmess Law Group Colin Ground, Business Law Group J1m Janetos, Business Law Group Yana Ermak, Competition Law Group Jonathan Fleisher, Financial Serv1ces Group Damian ROQers, financial Services Group Marcel Theroux, Financial Services Group

Nancy Choi, Securities Group Leigh-Ann McGowan, Securities Group Robert Soccio, Securities Group Sof1a Tsakos, Securities Group Heather Zordel, Securities Group Brennan Debbo, Tax & Trusts Group

c 2006 caswts Brock & Btackwell LLI' taswls Brock. the CB io90 and the ph,.... tndw:attd by® are reqlstertd trtde·marks ol tassels Brock & Bla<kMU LLP.

c b CASSELS BROCK AVY


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