Ultra Vires Vol 9 Issue 1: 2007 September

------------· THE STUDENT NEWSPAPER OFTHE UNIVERSITY OFTORONTO FACULTY OF LAW

U LTRA VOLUME 9, ISSUE l

VIRES SEPTEMBER 11, 2007

WWW. ULTRAVIRES.CA

DLS Task Force Releases Final Report Major issues still lack finality The final report of the DLS Task Force, released on the heels of a tumultuous school year, leaves major issues unre· solved while advocating significant changes at the clinic.

On August 13, 2007, the DLS Task Force issued its Final Report, which included a number of recommendations for the administration. The twelvemember Task force was chaired by then -J\ssociate Dean Sossin, and mcluded professors, rc.\ 1ew la\\}'ers, DLS bxecuti\'C Director Judith \fcCormack, and students from the Facul~ of La\\: The proposal for a Task force to examine the state of affairs at DLS was put forward in the summer of 2006, pnor to the turbulence that shook the clinic in the ensuing year, which reached its climax with the departure of three of the clinic's lawyers: Richard Litkowski, :-..1ary i\1isener, and J\mina Shcrazee. The :;r.uc<./ 1nandatc ot the ·n,sk Porcc wns ro "cam11s \'ie\\ s broad!~~" and the report is consistent with this mandate, focusing on six broad areas of concern.

The report contains no fmal conclusion-; related to the reasons behind the personnel decisions of the past year.

Dean .i\layo !\loran, in an inter\'lc\\' with Ultra Vires, expressed her bcLef that pri-

vacy issues are paramount regarding the The Task Force Report was broken coordination and coherence of clinical departures of Litkowski, ;\fisener, and down into six sections: Proposals for Re- education programs.

The most startling of all of the Task Shirazee and the issues surrounding the view Counsel, Selection of Student VolForce's recommendations can be... departures should not be exposed in a unteers, \llocatlon of Resources, public body like the Task Porce and Assessing Chent ~eeds, Structure and CONTINUED ON PAGE 5 should not be pubhcly addressed b) ad· Governance, and a proposal for a new Faculty Clinical Committee to promote ministration officials: '1 think 1n an institution, a public ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Orientation 2007

institution hke thiS one, the value of discussing everythmg is ver) critical, as it should be, but it's extremely hard to deal with matters which by their nature cannot be discussed in public. It puts me in a positiOn of having to say O\'er and m ·er, 'I can't say anything,' 'It would be an infringement of privacy,' 'It would be inappropriate disclosure of personnel information,' etcetera."

The Dean docs not plan to conduct her own review of the cYents surrounding thc departures. .t\ccordmg wan open letter to DLS members issued by the DI .S executiYe on September 5, 2007, "ltlhe Dean has informed us that she will not he proceeding w1th an independent reYiew of per::;onncl issues that occurred at Dl..S in the past .. ... she will be con\·eying her reasons for not doing so 10 a forthcoming letter."

For more 0-\l'eek photos sec centre spread

Moran Goes to China UVINDEX

Moran, Krakauer go to Far East in search of stronger institutional rela tionships

• INTERVIEW WITH THE· DEAN P.9 • CODE ON TRUSCOTT P.12 • SUMMER EXPERIENCES P.16 • ORIENTATION PICTURES P.18 • DLS OP ED P.22 • LETTER TO A YOUNG CONSERVATIVE P.23 • 1L' S TAKE ON ORIENTATION P.25 • FALL TV PREVIEW P.31 ·ULTRA NEWS P.35

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Dean Mayo ~1oran wasted little time with the opportunity to tailor a term taking to heart the Faculty of Law's In- abroad to their intcrest(s) in a particular tcrnationnl J\d\'isory Committee's (1.~\q subject area.

The next step following acceptance Final Report rdcascd on ~farch 14, 2006. 1\s pre\·iously reported in Ultra of the lAC's Report was to identify Vires, the report's major recommenda- what some of those key institutions tion was to de\'clop deeper relatJOnships were, which the Faculty partly did b~· with the Faculty's "peer institutions", in looking at patterns of where ~tudcnts part by creating a program referred to arc goin? !'he '\ational Uni\'ersi~· of as a "Thematic Term Away (ITA)." ~\ Singapon '\.L::, .1nd Hong Kong Uni1T1\ would ideally provide third-years versity w<.:re no braincrs, according to

Love law?

Dean .\1oran. "\\'e think it makes sense if we're setting up more structured, more serious exchange opportunities to do that in places where we already have pretty deep existing relationships. In Asia, it was very clear that the two places were I long Kong !University) and the .l':ational...

CONTINUED ON PAGE 10

And thP p1om1se of ch.JJIC'nge, nwntoring nnd

opportumty? OslN, Hoskin & Harcourt JJ P. Om .studt•nts know. oslerstndt'n1.corn I loronto Montr eal C".alga•y Ottawa New Yor k

OSLER

Misplaced Priorities?

It's a new year at Ultra \'ires, and as part and a building orhennse falling apart infusion of funds. of our effort to bnng you comprehen- around us. Connecting with Asia is Moreover, we don't think the Dean sive news and interest pieces from the great, but it would also be nice to con d1d herself any favours with her descnpbroader legal community, we wo uld like nect to the Internet m the Moot Court tions on the faculty website, which stated to restate our co mmitment to be vo cal Room. that she "felt completely spoiled" at her advocates of your interests, as students, These problems are certainly nothing "stunning hotel" in Singapore, or by and those of the UruverSlt) of Toronto nev.: lf anything, the state of o ur facili- posting photos of her to urs to the ForFaculty o f Law at large. ties has come to symbolize what decade bidden City and the Great \X'all of On that note, we wish to be candid long increases in tuition have returned to Chma. Regardless of her intentions, and for a moment about Dean Moran and us, the students. In short, nor a whole whatever good has co me from this iniJ\ssistant Dean J..:.rakaucr's two-week trip lot. tiative, the optics of this trip are not th1s past summer to Singapore, Beijtng, \X'ithin this context of a school which ideal.

Shanghai and Hong Kong. cla~ms to be strapped for cash, Dean \X'e understand that there arc times in The stated purpose of this trip, fi. Moran and Assistant Dean Krakaucr which the school needs to spend mon ey, nanced br the Faculty of Law, was "to and we further undcrtouch base with alumni and make con........_ _~1 stand that whereas current tact with Asian law schools and faculty." students \\ill always have a Indeed, as is chronicled on the school's bias towards sho rt-term website, o\·cr her two weeks abroad, changes, it IS the D ean Dean ~loran attended fi,·e Uoff alumni who is ultimately respo n events and met with seven law school sible fo r the lo ng-te rm d edelegations and a handful o f Asian law velo pme nt o f the law firms. According to the Dean, "we have school. That being said , learned a lot about this region and develwhen the school does An example of where $35,000 is sorely needed oped tics with people and institutions choose prioriues, we that wi\1 be inva\uab\c as we move for ~pent $35,000 on their As1an travels, the '\vould hope that they truly reflect the in ward on establishing our priorities for majority of which was used for transtcrcsts of the students, and to that e nd

convinced that the1r sacrifices today arc worth this effort?

Certainly, the regio n is o f interest to both past and current students as anumber of students participate in the \\'orkin-Japan Program each year, others ha,·e

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portation, :1ccommodacion, and lloMing

That being said, there are a few reasons \vhy we, as students, hesitate to fully endorse the Dean's latest initiative.

Our primary concern is simply one of cost and the administration's spending pnorities. It 1s eminently clear that we are attending a lav. school facing significant and urgent financial challenges, both over the short and long term. Look no further than our outdated classrooms without a sufficient number of chairs to accommodate bulging class sizes, the embarrassingly run-down bathrooms,

events.

We realize that this is a relatively small sum within the context of a multi-millio n dollar budget. But as tuition co n tinues its relentless march upwards and students are still forced to pay nominal expenses such as S5 fo r the CDO to collect our OCI applicatio ns and ano the r $65 to type our examinations, $35,000 suddenly isn't so insignificant to us. We can think of a number of places around here where that money would have rep resented a significant and much needed

ULTRA VIRES

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uncon\ inced.

E,·entually the seeds of th1s Asia trip may blossom into the N ew York flower of tomo rrow. However, as Assistan t Dean Krakauer pointed o ut, the c urrent reapmg o f seeds sown 10 N ew York required a decade-lo ng effo rt and multiple overtures to institutions and firms in that regio n. Is the Faculty read y to commit resources to a similar process in As1a?

Building relationships with some o f these cultures is notoriously mo re difficult than with our friends in the Lnitcd States and Europe. Are current students

Josh Lavme and Robert Wakulat Danielle Stone and 5teve \X'erier Sall} Kwon Jonathan Song Kenneth LJ and Sharon Silbert Lance Paton Lisa Chuyow and Maria Zeldis Sam Ault Austin Acton Lianne Cihlar Eric Lavers TBD

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

with a vision for a new Faculty of L'lw home. The faculty of 1.'1w has chosen three leading Canadian architectural firms to come up with conceptual designs for a possible law school expansion project.

taken ad ,·anta,_!;c. of exchange opportunities at '\ l S and H o ng Kong U and alumn1 have successfully es tablished thcm seh-cs in the region. The quesuon LV is raising is whether the numbers warrant, or will ever warrant, a concerted institutional push in that direction. \Vc have no doubt that the Dean's trip has helped de, clop stronger contacts fo r the school in the n...·gion and

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cant progress was made in this respect.

At the e nd of t he day, however, as1de fro m the small hand ful o f students who ever stand to benefi t fro m this, the majority o f us seem indifferent.

At times, we wonder if all the statements made by the administratio n about positioning the Faculty as a p eer of Yale, and as a global law school, lead to obscuring some of the real problems, albeit not sexy o nes, that matter to us, the students.

Contributors

is the student newspaper of the Facultv of Law at the University of Toronto.

Editors - In - Chief News Editors Opinion and Editorial Legal Issues Features Diversions Production and Design Business Manager I T /Website Manager Copy Editor Ph otograp hy First Year Content

BY D \:--;uu F Sro~h (21.)

t: of T is one step closer to coming up

" \\'e selected the three that we thought were most interesting," D ean Mayo Moran says. '1\ nd so we have three great firms nov.: They arc Ycry ex citing, interesting architects."

Hariri Ponta rini Architects of Toronto, K.uwabara Payne ~lc"-.cnna Blumberg of T oronto, and SauCJc.r + Pe rrotte of Montreal will all submit projects this month for review by D c:an Mayo ~foran, raculty, students, staff a nd the community.

In selecting these companies, the Faculty says it was looking fo r a rch itectural team s that have worked with uniYers itic ~ in the past. llairiri Pontarini is no stranger to the

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Faculty of Law seeks design concepts for new law school

Sam Ault, Andrew Binkley, Anonymous Ranter, \Xavnc Chang, Katie Clements, Kevm D o rgan, Mark Edelstein, Karen feng, Z\i Halpern, Randall Harris, Nicole Henderson, Sail} Kwon, Eric Lavers, Josh Lavine, Liam McHugh Russell, .Mark M yhre, Kasra ejatian, Cathleen O'Sulli\'an, Kiran Patel, Lance Paton, Sanfo rd Rile}, I lad1ya Rodenque, Neil Shapiro, Sharon Silbert, Kate Skipton, J o nathan Song, Daruclle Stone, Jackie Vandermeulen, Robert \Vakulat, Steven Werier, Cynthia Yang, \1aria Zcldis Ultra Vires is an editorially autonomous newspaper. We are open to contributions which reflect diverse points of view, and our contents do not necessarily reflect the v1cws of the faculty of Law, the Students' Law Society (SLS), or the editorial board. We welcome contributions from students faculty and other interested persons. Ultra Vires reserves the right to edit contribution~ for length and content.

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

The next issue will be published on October 16, 2007 and the deadline for submissions 1s October 10, 2007. The submission limit is 800 words.

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2001. the finn

desihrncd the modern oftu;:c:; and nwcr ing ;ooms for the Faculty on the fou~t~~ tloo r of Fla,·clle l louse. I lamn Pontarini also worked on outside -.paces around the uni,•ersity, reducmg automobile traffic and increasing pedestrian lanewars throughout the campus., In 1992, Kuwahara Payne ~lc Kcnna Blumberg recel'\ed four Gmcrnor General's a~\'ards for its work on \'\'oodsworth College at the CniYersity of Toronto and for KmgJames Place in downtown Toronto. Ln addition, the firm was responsible for the nc.:\\ campus of the 1\at!Onal Ballet School of Canada.

Saucier + Perrotte designed the new ,\lcGill UniYcrsity Arts Building on the slope of :\fount Ro) al. It _also '~esigncd additions to the Facult)' ot ~l uslc building and won an '\rd itecturc Award i~ Excellence fo r th<.. ~e'' College Residences at the Umvcrslt) of Toronto. l " "T hey arc challengmg, real 1Y ec_gy, 'l\loran says. ''\X'c h ad submissions trom firms tha~ were more ~ort o f co rporat.c 1 firms . typcs of arch Jtcctura I · · · · Ulumatch· we wen t \\;ith the fi rms th at were more. deslbrn conscious. So that's ,·cry exciting."

I t's "excitin g" because o ne of the main priorities for any new l~w s~ho.ol design is that it easily blend 10 . With .Its histo ric a nd cultural surrou ndmgs, Including the Royal O ntario ~[usc:um, the Ropl Co nservato r y o f Music and

Queen's Park.

"These buildings and grounds should engage and inspire members of our community and members of the public," states the Expression of Interest to the architects. "The precinct should be a beautiful space that encourages people to come together and share 1deas. It should also reflect the University and Faculty's pubhc values, which mcludc a commitment to emironmental sustainability and to physical accessibilit)·."

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UV HITS THE STREET: What would you like to see in a new law school building design?

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p ool table and that s The Dean's office and the Office of Campus and Facilities Planning is sponsoring the call for designs. They are paying each company $25,000 to complete its building concept. Dean ~loran says this is a standard fee to pa} for the work the companies will do to come up with a law school design. In exchange, the companie~ will provide the Fa~ul ty with a scale model of their rcspeCtJ\e plans, presentation boards, a written . report, and a Power Point Presentation the company will convey to the Cni\'ers!t)' of Toronto and the broader communuy.

The need fo r increased space at the Jaw school has grown over the last Jcc:tdc. In that time, the incoming class has slowh' increased alon~ with additional cur.ricular and co·curricular programs. Faculty members ha\·e also more ;han doubled over this time.

"The tremendous growth of the law school has meant that it is bursting at its fraved and worn scams," reads the Facult;. of Law D c\'dopm ent Stud}. ~\n ad\'ison committee of students, Facultv and alumni decided th<. Faculty of l..a\~' should remain at its current heritage buildings, rather than move. to an alternative site at 315 Bloor \\c:st. T he move mav ha\e b een neccssan If...

CONTINUED ON PAGE 6

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Kathryn Esaw, 2L

·'.;\fo re classrooms with wjndows: . . ( )h, and

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functioning bathn ,om!"

Mark Graham, 2L " \\'idcr aisles in the classrooms became the m~st a n noying thing to me in this school is ~eople triP, p ing m·cr themselves as they co me m to class.

Kasra Nejatian, 3L "1 like a building that d oesn't feel cheap. A student hang-o ut with couches w o uld be nice. T he one we have is really bad. I'd also like to see proper offices

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4

ULTR.\ VIRhS

1\1 WS

Sossin steps down, Anand steps up as Associate Dean

SI ~PTEMBER 11 2007

NE\X'~

Cellino & Barnes reunited B\' jO~II L\\' 1:\h

Anita Anand: A New Dean in Town

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Lorne Sossin: The Man Behind the Frames fh: ERIC: LA\ f RS (3L)

UV: )ou'vc taught at four d1ffercnt Jaw Like a famous Roman orator ambling filling the position, he was lJuick to acsc.hoob \\'estern, Queen's, Yale and through the forum on his way to the ros- cept, viewing it as something aktn to a Toronto. !low would you descnbe the tra, when Professor Lorne Sossin walks dut), a call to be ans'l.vcred by dutifuJ acthe halls of J'alconer and Flavclle, e\'ery ademics, if you will. ; \nd weanng those charactLr of this law school?

Anand: U of T has so much to offer, person he meets 1mmed1atcly recognizes distincti\ e frames of his, answer the call both tn the curriculum and extra-curric- h1m, though not always in the same way. he did.

They say it's the suit that makes the ularly. I am constantly astounded by the For example, many students might see man, hut in Prof. Sossm's case, 1 think Sosstn and think "Oh, that's Professor breadth and quality of the programmes that we run, the courses that we teach, Sossin. He taught me Legal Process in tt's the frames. I'm really feeling those frames! 1 think I even and the number and quality of the peo- first-year." like them better than < >ther~. especially UV: \\hat 1s the role of r===--. .1""!'11.---'-'pie who are willing to conmy O\\ n, but J would the 1\D? tribute to this those who didn't acneYer tell him that, of Anand: The AD's tnstituuon. \\'e have a tually attend their primary responsibilwide variet) of first-year !.ega! course. I wonde r if ities arc to assist the courses. \\'e allo\\i stu Process class, might they're designer sec Prot: Sossin and ._ _ _ _ ., Dean which 1ndents to propose frames. L:gh, I'm so eludes acting as a licourses, which 1s vcr) think ''( >h, there's \ 'a in. aJson between unique. \\'e run work- that guy with the But vanity has \'artous groups at shops on a for-credit round, tOrtoise-shell notlung to do with the law school -- the basis, which is incrcdi- glasses that kind of being Associate Dean, studcnt body, f.1cble. We have organiza- remtnds me of that which involves a lot ulty, visitors and distions aftiliatcd with the really tall student of behind the scenes tinguished guests, school that allow stu- who also has round work on generally jn etc... For example, dents to exercise pro- glasses. Docs that tcrnal issues within one of the AD's pribono opportunities. guy work here? I the Faculty of La\\, mary tasks is to mount the curriculum. I think that what makes U of T special mean, what's his deal?" particular!) the curricuShe also sits on various committees, in- is that c\·eryone seems to give 100% Still others might sec Prof. Sossin and lum. ~lost students probably don't real c\uding, (this year): appointments, cur- in the cla':>sroom, in the workshops, in thmk "( )h, that's the former Associate ize the extent to which the current ncu\um and dbtinguishcd visitors. the administration, in extra curricular ac- Dean. l know he was the Associate curnculum has Dean Sossin's footpnms So f.1r I'H• hccn dcalinK with students ti\ nics. Oricntiltion is <1 W>Od example. /)enn, hut f'n1 nnt rc:JII} tno dl'ar on nil ov-e r If : lhC! t. ,ofurion of the l•irt~t' facmg unexpected serious illnesses, ad· Someone said to me the other day that what he actually did as ,~\ssociatc Dean Bndgc Program, the c.xpamkd Capstone justmcnts to the curricuJum, welcoming our programme was incredible. And it's or c\en what an Associate Dean is sup- Course Program, the new Center for our \'isiting profs and introducing them true thanks to our amazing students and posed to do. I wish somebody would Professionalism, Ethics and Public Sen·icc. The man with the brilliant tortoise to faculty, and gcnerall) making the tranthe cooperation of many invoh ed. All write an article about him." shell frames had a lot to do with all of Now, for myself. ha,·ing sat m Prof. s1t1on from l..ornL Sossin (the prcv1ous of this makes my job very interesting those development.;, Sossin's new, much smaller office, asking \D), who has been so wonderful to and rewarding.

I'm not sure what Professor Sossm him dC\-astatingly hard yuestions about work with in this transition. It has also wiU remember mo~t about being Associhis term as J\ssociatc Deansuch as 'It UV: \\ h\ did you come to Toronto been terrific to collaborate with Bonnie ate Dean.

Maybe it will be the fact that mu~t have been hard to give up the Goldberg who is an amazmg colleague from Queens? \\ 1th a wealth of institutional knowl- Anand: Two reasons, one personal, one plush office, huh?' - now, \vhenever I immediately after his tenure, tbe office edge. Much of this job is not predictable professional. The personal reason IS see him, I will think ''Ah, there's Prof. was split into t\\'o, with creation of a - e\·cry day I'm hearing from ne\.\ people that my spouse accepted a job in Sossin. I wrote an article about his three new Associate Dean of First Year StudIes. Still I know what I will remember Toronto. Professionally, I was ready for years spent as Associate Dean." and doing new things.

Professor Sossin didn't have any spe- most about his stint. Exactly - the a change in terms of how my research cific ambition to serve as Associate glasses. agenda had progressed.

I had been UV: \\hat arc your particular goals in Dean nor was it something he actively the position and what do you see as the moving towards research in law and ceo nomics pnor to com1ng here. U of T 1s sought out. But when approached about key challenges?

Anand: ,\ly main objective is to do the thekaili~~nttrofl~and~ooomks ~--------------------------------~ best job I can do. A main challenge of in Canada with many leading academics, UV: U of T IS perceived by some as a solid grounding in outreach and public the ;\D is balancing the compeong de- so it was useful to be here to discuss and corporate grooming school that pays lip interest at U ofT. undertake research with other profes- service to public interest. \Vhat are your mands g1vcn scarce resources. sors and to paroc1pate in law and eco- thoughts on pubhc interest at the law UV: You've moved quite quickly from your LL}.1 to teaching at \'(estern and nomics workshops among other things. school?

UV: \Vhy did you accept the position?

Anand: I strongly disagree with this Queen's, to Yale, to U of T, and you're Anand: The job does require a people They are a wonderful group of people pcrcepoon, as it bears little resemblance no\\i Associate Dean. Do you have person because you're meeting so many who arc focused on the academic ento this law school. I'm very pleased to longer term goals tn mmd with these new people and dealing with a myriad deavour. be at a school that 1s so muJtifaceted in moves, or do you think you've found of issues. I took the job because I thought it would be an interesting new UV: ] t seems you were well-liked at terms of the programmes it offers. your home here at U ofT? challenge. I'm committed to our com- Queen's, having received a teaching There arc many outlets for students to Anand: To me, the AD pos1tion repregain public interest expenence at the law sents a wonderful chance to expand my munity; I want to see it progress, and to award in 2004. contribute to Its development in a broad Anand: l reallr \alued that award be- school both within the curricuJum and sk1ll set, to learn more about U of T, and sense. I also enjoy helping others meet cause it recognized the work I do every through extra curncuJar organizations - to meet new people. However, I real!) their goals which for me on a daily basis day, coming tn and doing my best to • PBSC, LAWS, IIIRP and DI..S to name lO\'C teachtng and pursuing my research just a few. \II arc m the public interest agenda and have no plans to leave acameans working to ensure that students teach the material in an effecove way. realm and students are clamouring to get demia at this stage. have a positive experience while they are into them. Without question, we have a at law school. nlen:n years after rccch·ing her LL.\1 from the L:ni\·ersiry of Toronto, Profc:;sor Anita Anand is now the ;\ssociate Dean of her alma mater. L'lte in .1\ugust CV caught up with ;\nand to find out a little btt about her thoughts on her new responsibilities, on U of T in general, and on her goals for the immediate and more dtstant future.

They're back. Th1s past JunL, Ross Cellino and Stephen Barnes announced that they will once again pracoce law together as name partners in the personal injury firm Cellino & Barnes. In a pre pared statement, Stephen Barnes pro claimed that " this is a great opportunity for The Barnes Firm to join forces with Mr. Cellino", and that "together, we have developed a firm that is focused on de livenng resuJts for each and every client."

Cell1no, one of the principal attorneys of the infamous .1\ew York personal injurr firm, had been suspended in 2005 by a unanimous panel of five Appellate Judges for the common law offence of champcrt} and maintenance, or as the panel described it, "advancing financial assistance to clients in a manner not related to the expenses of litigation and other that was unrelated to the expenses of litigation."

Moran continued from page I found in the o;ection on student volunteers. The Task Force concluded that the clinic :;hould limit the number of first years that can volunteer as caseworkers. Citing other Canadian law schools that apply similar restrictions, the Task Force pointed out that "lt]he number of students presently admittt:d to the program in first year as volunteers is simply too high to provide a yuality, hands-on experience. The number of first year volunteers needs to be reduced ... " How this will be accomplished is currently unclear, as the Task Force opined that "lt]hc precise criteria for selection shouJd be left to the DI.S E..xecutivc to determine.''

The Task Force also recommended that the DLS Constitution be converted to a set of governance policies. They noted that the current constitution has caused much confusion in the past, and is, in any event, malleable to the extent that it docs nor function as a set of entrenched principles and rules.

With regards to rc'l.·iew counsel, the Task Force rccommem\cd hiring staff lawyers instead of retainer counsel.

Three staff la\.\·yers have since been

Cellino's license to practtce law was suspended for six months, while Barnes was censured but allowed to continue practicing. These disciplinar} actions forced a rebrandmg of ~ew York's largest personal injury firm as "The Barnes Firm." The New York State Bar Association's Code of Professional Re· sponsibility does not allow an attorney who has been suspended to hold himself out as a lawyer.

Ccllino had applied for reinstatement in December 2005, after his six-month suspension had expired, but the \ppcllate Panel waited for over a ,-ear to 1ssuc a ruling on Cellino's petition.

The Cellino & Barnes firm gained infamy in the eastern United States and Cellino & Barnes arc '\Videly percei'ieu as Canada for its omnipresent radto and tel having piOneered the aggressi'\'e ad,·crevision ads and over 150 billboards fca turing the slogan "Injured?" framed by tising and tactic\'. now common\y ao;."Socian image of the tv.·o named partners. atcd with persona\ \n\\.lf)' h'' \\rms.

5 hired by the clinic and ha\c rccci,·ed a vote of confidence from the Dean. ''l ha\•en't met the new lawyers, but one of the things the Task Force recommended \\"aS a different modd that would pmvidc more consistent support for chents and for students, which I think is great. 1'\'e heard great things about the new counsel.'' '!'he Report noted that adcquncy of resources is "an enduring dilemma ~tt DLS" and that "DLS is by all accounts stretched thin." The Report cited DLS's current 1:HlO rC\•icw law)'er to student ratio, in contrast with a 10:1 ratio at other clinics, as an example of such stretching of resources. The Dean echoed these sentiments.

"DI..S docs not haYc adequate funding. I would like to figure out a \\"aY to get more support from I .ega! Aid Ontario. I think we'd all like to see more sen·ice for our clients and I'd like to sec a better faculty- or lawyer-student ratio."

In spite of all the problem~. the Dean affirmed that, overall, the Task Force's report was a '\·cry posith·e" ~tcp in the right direction.

The Task Force Report can be viewed at '\\''1."\'W.u\travires.ca.

Crllwo & Barnes currently lws (Jt'tr 30 lanyrrs cmd jit•e offices diTMS ~m· York. Stalt.

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6

ULTR.\ VIRES

NL\\S

Faculty of Law submits updated Academic Plan to University Provost \'Va nt to know what the La\\ Soctcty of students and staff - including the Centre Upper Canada thinks about takmg gifts for Professionalism, Ethics and Public from a client? \'\hat about what it means Service. to bt a "good" lawyer?

1 he centre will manage the Bridge \ \ tstt to the Centre for ProfessiOnal \\cck for first year students on the topic ism, Ethics and Pubhc Service opening and an upperycar course on ethics. It up at University of loronto's law school will also offer career counseling, sympoin January may be a good idea. The new siums and other programs related to centre, the first of its kind in a Canadian professtonalism and ethics. Professor law school, is just one o f the tmttatives Lornc Sossin will lead the Centre sched that comes out of the most recent Aca- uled to launch in Januarv 2008 and says demic Plan for the school. the first symposium "Can ethics be The Faculty of Law submitted its up taught?" will take place tn \pril. dated J\cademic Plan to the lJ of T's \cfor students, the ,\cademic Plan ademic Programs and Policy commtttee makes a commitment to limit class sizes in May. so there remains "an intimate classroom "Because the Faculty's academic plan - appeal" despite an ever-increasing stuning process in 2001 2002 was off-cycle dent body. It also promises to develop with 'Steppmg UP' (the L of T's aca- the legal research and \vriting programs dcmtc plan , last year the Provost asked at the school. In the past, students have us to undergo a modest planning complained that training in legal research process by updating our current plan to is inadequate. take us through to 2009-2010," "\,ikki There's also a commitment to address Gershbain, Executin. Dtrector of the the under-resourccd needs of the Bora Dean's Ofticc, says.

Laskin L'lw Library. ,\ s a first step, Chief The updated report confirms the fac- Librarian Beatrice Tice says the library ulty's focus on making the law school an will be hiring a n administrativ(. asststan t.

Internatio nally recognized institution. "[It's] a new position that we have But it also addresses some specific ini- \on~ needed," Ticc says. "Having a n e>v uatl'·:es desi.gned to make the school staff member to han<.l\e the many admore appealing and accommodating to ministrative duties in the Jjbrary will free

research goals and ambitions of our faculty." llowe\'er, the plan also acknowledges that man) of the goals arc dependent o n resources not yet available. Ultra Vires will follow the development of these goals in upcoming issues.

New D esign - continued from page ~

dents who don't know what use is being accommodated on what day. ~O\\" it's up to the three architectural companies to incorporate these suggestions as well as others, into a realistic plan. At the end, with input from the law school and outer community, a yet to-be formed building committee will choose the most promising design fo r possible future development. "\X'c'll do ktnd of an event ~ith students, with Faculty, \\~th alumni," Dean :\.loran says. " \\'c're going to ha,·c a consultation meeting with the architects, and a pubhc meeting for the neighbourhood and general vicinity. It's g reat! It's very exciting. This is the fun part of it!"

The building project has an estimated cost of $(J(I mtlhon. Design con ccpts arc due on September 12.

5 Years Ago In Ultra Vires Human Righ ts Director H ired After almost three years of searching, the law school has appointed a Director of International Human Rights Program (IIIRP). .:Soah Benjamin ~ovogrosk) joined the law school on July 1, and mhents a portfolio with diverse responsibilities, including the administratjon of the summer internship programmes for tirst-year and secondyear students interested in the field of international human rights.

Students Challenge H eadnotes

Online

The switch to an electronic version of J lcadnotes began yesterday with the launch of the first c·edition on the school's website. "The new \'Crsion saves paper, it facilitates communication with students, who tend to operate clcctronicall}", stated Assistant Dean l ..ois Chiang. Despite these advantages, Jcnntfer ,\latthcws, President of Students' l...'lw Society, expressed concern about consultation around the switch, further pointing out that the electronic \'ersJon is no t easy to access, that Library computers arc barclr ope rational at certam umes of the d ar, and that many students don't ha\ e compute rs at home.

HODGSON

....m ~

\'\1hile

it is now possible to pay h}' credit and debt card, the bookstore is no longer accepting undertaking~ to pay. According to Assistant Dean Lois Chiang, the undertakings system was not a success. "I'd prefer not to say how much money is still outstanding. I was shocked.'' Students can neither order transcripts nor graduate with monies outstanding.

Theft of T-Shirts "min or, Setback during otherwise successful orientation Approximately forty t-shirts were stolen from the area behind the oricn· tation table while staff were preoccupied. Emphasized Orientation Chair Josh Paterson, "l can only hope they were taken by people in need who would benefit from the free clothing."

Remarked Paterson, "(), erall, we arc extremely pleased with the success of orientation, and students seemed to enjoy it a lot as well. The problems that we had we re minor in comparison to the s uccess."

....__ ____! . . .

11 2007

7

The back to school rush starts early m the Career De\'elopmcnt Office. In j uly and August, the CD O hosted a series of workshops aimed at preparing students

sh< •ps, and new tlus year- a presentation on communicating with confidence, both in interviews and in professional life. D unng the school term, we will continul' to offer a range of programs for J D and graduate students, often coSome upcoming highlights: sp onsored by student groups and usually h eld at lunch on Tuesdays. J\11 of our • Scree n ing of the document,;ry, T he programs arc adverttsed tn l leadnotes ( ;enuine Article on Frida\, September and in the event calendar on U'l'l..awca14th 12:30 - 2:00 ree rs.ca. ,\ ttcnding a CD O program is • Public In terest Careers Presentation a great way to hear about career options on Tuesday, September 18th 12:30 for law students and lawyers, prepare for 1:30 a job search and interviews and de,·clop • \\'orking In the l'S on \\ednesdav practical professional skills. T his year, September 19th 12:30 1:45 we will be introducing a n ew Interna• Student Panel: O CI Preparatio n Sc~­ tional careers series and con tinuing to sion on Tuesda~ September 25th 12:30 butld our professionalism series, bri ng· -2:00 ing in lawyers and consultants to talk • International Careers: Trailblazers tn about the realities of being a lawyer.

Law o n T hu rsday, Septem ber 27th l•o r second year students, fall recruit1:30 L.12:30______________ .J men t htts hard and fast, but there arc for what lies ah ead: exploring summer p lenty of oppo rtunities fo r summer law job op tion s, making p ublic interest ca- students beyond O C ls and an incredible reer choices, preparing fo r On-Campus ar ray of post-grad uate opp ortunities.

Interviews, business etiquette work- Over the summer, students entering

r--------------,

DO Outstanding opportunities

-

Bookstore no lon ger accepting undertakings

]YJ'E;\IBER

News from the CDO

up librarians and other library staff to impro,·e our sen tees for law students, faculty and other patrons, which is one of the goals of the plan."

To assist faculty members with research projects, the plan suggests hiring a new Associate Dean of Research. The job will be to "nurture and support the

...city policy would not haYe allowed further construction on the law school's current ~ite. But dc\'clopment plans opened up when a condominium project fell through ncar Falconer Hall and since then, the committee has been looking at expansion possibilities.

Last year, students attended an "open-house" forum to discuss expansion of the law school. Students agreed that anr new development should ac· commodate more space for clubs, meeting rooms for smdent organizations, imprc)\'cd eating facilities and m:w bathrooms. Students also discussed the need for separate spaces for socializing, study111g and formal C\'ents. Right now, the law school's Rowell Room accommodates all three uses, frustrating stu-

Sl

~

B•rrllttn G- Sollcltort

'''Vl we go to court.

A lot.''

"Torys is committed to excellence and recognizes the importance of training and mentoring. As a new associate, I worked on a complicated corporate finance transaction, from the early stages through to completion. I was exposed to all aspects of the deal, including at a very high level."

A t Hodgson Shields, we go to court. A lot.

We're litigators.

And we rely on our students to assist us with what we do which means going to court, meeting with clients, and coming up with strategies for getting the best results.

So if you are up to the task, join us.

Get ready to litigate.

HODGSON SHIELDS DESBRISAY O' DONNELLMACKILLOP SQUIRE

.

Jonathan Cescon LLP

48 Yonge Street, 11th Floor. Toronto, Ontario Canada M5E 1G6

T 41 6 304.6400 • F 416 304.6406 www.hodgsonshields.ca

Second-Year Associate University of Toronto

third year secured articling posnions not onlr with large firms in 1oronto and associate positions in ~cw York, but also with firms speetalizing in famll) Ia\\, intclkctual property, criminal law and labour Ia\\: The class of 200H will hear·

••••••••••••••••••••••• •• The CDO is located in • : Falconer Hall, Room 201K

• •• ••

To make an appointment, email 1\-faxine Dubuc at : careerdev.Jaw@;utoronto.ca • or caJJ 416-978-2756.

•• ••

Check out UTLawcareers.ca : and watch Head.notes for up: coming programs and : events.

: • ••

: • : •

• • •

sodation and the Barhra Schhfer Co mmemorative Clinic. Stud~ts who arc in third ) car and still seeking articles should contact the CDC> for help in finding a position dunng the year.

First year students: the CDC l looks forward to s~:cing )OU at our I L Career Orientation on Tuesday, October U1th. lJ ntil 1hen, you arc welcome to attend programs and watch for job posnngs and news in Headnotcs. In October you will recci\ c a uscrnamc and password for u·n~'l\\Carecrs.ca, the COO's onhne empioyer datah:~.se, job bank and document lihr:~.rr

\\ 'c want to hear from you - tell us

: what you did last summer, where you : wtll be articling, or give us ideas for fu: t urc program s. If you would like to set

• • • • • • • • • • • • • • • • • • • • • • tiding with the Department of Justice, the M inistry of the Attorney Gene ral and the City of To ronto, as well as with legal clinics and non-profit organizations such as the Canadian Ci\'il Lib e rties As-

or-

up an appointment to discuss career tions, job search strategy, application or in terYicw tips, con tact Maxine at ca· reerdev.law@utoronto.ca.

SI·.PTEMBER

11 2007

NI \X'S

9

An interview with Dean Mayo Moran l3Y RclHI·.RT WAJ..: t I.AT (3L) when he was a student. He graduated, I think, in 1984 and he just walked in and gave us a major chcguc for finanCial aid.

And then on the building side, I have lots of things going on that are great. I can't really announce any of them nO\\~ I will announce them when 1 can.

There's a lot of support and interest for our building project. I'm very excited!

UV: Students co ming in pro bably h ave questions regarding DLS a nd the personnel iss u es that a rose last year with lawyers a t the clinic resigning. What h ave you learned p e rsonally from tha t experie n ce?

MM: \\ell, I sort of kncv..· already !that U V .rat doJI'n 11•ith Dean Moran to dimm Olt· it's extremely hard to discuss these types goin/!, matters at the 1Y1culty. This is 011 excerpt of matters publicly] because it wasn't m} if that i11ten•ieu.\ For a full tra/lscript please first public personnel situation as dean, but this one cer tainly made that very risit u?m:ultrarires.ca clear to me. I think there is a temptation UV: Clearly, one of your priorities is to want to say more on lots of s1des than the building project. It's great that really should be said. Certain!), I think, the pro ject is moving forward, but is as dean [personnel issues] are the trickianything going to happen in the in- est. Anyone who runs an organization knows that they arc the most difficult terim to upgrade facilities? and when they become public they arc MM: \X'c did some upgrading with the so because you can't comparticularly ~loot Court and this past year we've put ment o r you'll be in trouble. Appropriin a new security system. \'i/e upgraded ately, l think you shouldn't comment. the security around the lockers. l 've \'\!hat d sc d id \ \ear n? 1 \earned a \ot hecn working with SLS to idenufy what about DLS, Iots of great stuff. I learned the ke\ issues a r t• and l:t~t \ <.tr scnu·irv the one i n ·which <-JUlie ,, bJt of n :

wa~

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$ources ·were inYestcd. I think it's a bit of a tncky issue because we want to up· grade as much as we need to make it habitable, but at the same time we don't want to spend a lot of money that will disappear in five years.

And the bathrooms are always an issue! [Laughs.] The bathrooms are really, really bad. I think wc\·c actually started to look at domg something with those but we're trymg to identify what the right pnorities are.

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lc:arn ed .Ill thc~c thing s I didn'r k n ow

about DIS I think the incredible commitment and passion of the students and lots of people invo!Yed in that is really great. Anything like that is bound to be a tough experience. I would say that lesson is something that I haYc to keep dcaling \\ith as dean because I'm in a position where 1 have to make decisions that I can't always discuss publicly.

UV: On that note, there was a point last year where a letter was disclosed which had been written by the ExecUV: You've also mentioned that u tive Director and was addressed to fundraising is high on your agenda. [Criminal Review Lawyer] Mary MisHas there been much progress in ener. At the end of last year, Ms. this area? Axe the funds being raised Misener requested an apology from going into a general pot or towards you because she felt you were partly the new building? responsible fo r its dissemination.

MM: We're kind of doing a number of Have there b een any new developdifferent things at once. ments on this issue?

The two main priorities that 1 would MM: N ot that I'm aware of. Obviously have fo r fundraising, which is inevitably I did n't disclose that letter. I have said, a priority of any dean now, arc financial and I said this at a general meeting, that aid and support fo r student programs I felt that that kind of information really and tnltlatives.. . and then the building shouldn't be discussed in public. I clidn't project. So we arc working simultane d1sclosc that and there's lots of controously on both of those things. versy about what exactly happened and We just [wrotel a letter for the Annual who said what, but I'm not aware of any Fund, which is out general solicita- developments. tion ... \'f e certainly have very generous I have met with the new executive of support on things like general gifts to fi- DLS and read the Task Porcc Repo rt. nancial aid. We ha\·e great alumni. I had lunch with o ne of them two weeks ago and he came here from the Caribbean

look great. I ha\·cn't met the new lawyers, but one of the things the Task Force recommended was a different hiring model that would provide more consistent support fo r clients and for students, which I think is great. I've heard great thmgs about the new coun~ sci, but I haven't met them yet.

I think one of the big challenges is that OJ .S docs not ha\·e adeguate funding.. 1\·L been working with Legal Aid Ontario and consulting with them throughout this \\'hole process and more generally. There arc things like that I would like to do and advocate with Legal J\id Ontario to try to enhance the support for the clinic.

It was a big dc.-al to do that so \\'C aren't going to constantly redo it.

In terms of addressmg dh·crsity issues, we have !Douglas Sanderson], an J\boriginal fellow, commg th1s year. lie':; great! \X'c also have Paul Martin coming to teach a capstone on J\borigin.d economic development alo ng with John .\ loorc who is do mg an intensive. \\'e \\'ill ha\ c a summit on .Abo riginal economic de\·clopment at the end of the ) L-ar. So I think there arc a lot o f different ways to work on these thin!,'S. I don't knm\ that we're going to necessarily have some kind of exhibit on each different group, but I think it is important to get movement on a Joe of different is sues.

UV: One of the things you've discussed a lo t with UV and one of the UV: How do you feel about the inreasons you were selected as dean is crease in interest fro m law firms in your commitment to d iversity. How, NY and the increase in the number in terms of recruitment and sensitiv- of students going to NY? Axe you at ity on diversity issues within the fac- all concerned that these young Canaulty, have there been any personnel dians are moving to NY in their changes that reflect your approach prime and seeking a career there? coming into this year?

MM: No. l thmk the world is chang\nv, MM: \X ell, we onl) hired one person and it's not just law, it's everythin~. PeotS1mon Stern\ direcdy this year. l gue!is p\e arc so much m o re mob\\c y.md\ en 1 would let him comment o n himsc\f. 1 v,a\!,ed aer o~-:; bm:dets. l',e \\tera\\y seen would say that \ think there are a \nt of that. l \ generation ""\!.O t~C<>t~k h.1.si.ca\\y d iff<;rent dlmcn~inns t n <.\ ivc:rsit y. \ thm'K w ent \ )ac'K to w h e re tncy can"\e \t om. that our appointments proces~. on the That doesn't happen nc>\\: I think it'!i ext •.H ult; sulc. i s 'c"r) :ztruncc.f to tlus. \\c..: s L~ ! rch o u t g reat can(/Jdares rh:!t t n ight h L·

members of group~ that arc under-rep·

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~uch n r n a.Zitl..._I.J Of'['orrunl

tiL ' in ti v n t of"} ou!

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the on/} one. I did an r:venr in '\.cw York and l met a lot of our grads \\ ho were there. They were saring, "\\'C'rc having THll\,;h. Tf IE WORLD a great time. It's exciting! We're Jiving in Manhattan." Many of them go on to do Cl-1 \NGI~G, AND 11 's NOT all sorts of different things. And I think, L \W, IT'S "VhR\"1 Hl"-::J by and large, that's great.

~I

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resented. Our goal is always to appoint the best person and I think looking at our hiring over the past few years, we've dcfinitcl) increased diversity on a number of scores and we w1ll continue to do so. !W]e'rc looking at different ways to try to encourage the pool to really be a pool of applicants that's going to reflect the diverslt) of our society.

UV: The Trailblazers exhibit was established to honour female alumni in the legal profession. Is there an intention to honour other groups who have stru ggled in the profession?

MM: I think it's always good to find various ways to do that. We have a lot of different events and different kinds of ac tivities to do that. In terms of the exhibit itself, it was very attentive to diversity within the population of women.

There arc women who faced challenges because of physical disability, sexuality, etc. So I don't think they are separate is-

UV: Have you found any Canadian firms expressing their concerns about this trend?

MM: My sense 1s that six or SC:.:\Cn years ago, there was a lot of concern in the broader legal community but especially Ba~ Street. Bay Street had first dibs on the best students and this was just an internal competition. It wasn't an external competition. And then Ne\\ York came in. But I should also say that London is starting to recruit our students, Ho ng Kong IS very mterested, so this is not just about 't\Jew Yo rk.

I actually had a conversation about this point with a group of downtov.:n lawyers about [two weeks] ago and they were saying, ''You know what? We're not wo rried about New York because the fact IS we still ha\·e amazing students and a lot of the students that go to New York are there for a few years and come back and they've got staggering cxperience in some highl)' specialized area of securities Jaw o r whatever and we can

. !:"~b..,.e~_n...e..,fi.t•.,f.r_,o.~m ~th ,_,at." sues, think th~y are overlapP,i~g issue<.s~

ULTRA VIRES

10 M o ran · conunucd from p:tgc I l'ni\crsity of Singapore, where we already ha\ e a lot of connections and where it seems like it might make :;ense to build on what we already have."

Less than two month:; after the lAC bsucd its report and not eyen a week after students wen: seen sneaking out of Falconer in their annual dash to hand in end-of-term papers. Dean Moran and Assistant Dean of Career Sen·ices Laannc Krakaucr had arri,Td in Singa· pore. The t\\o-week, four·city tour of Singapore, Beajing, Shanghai and I long Kong took the pair to ~e,en law schools. fi, c alumni dmners and a handful of meeungs with Asian Ia\\" firms.

"Bl·causc we're such a small faculty, when I go I'm wearing three hats,'' said ,\to ran, "I al\\ ays do a lot of alumni out reach. So 10 each of the places that I \n'nt, I had an nlumni event to find out what they're doing, \\ hich wns great.

There's also a fundraic;ing side of it, of course, to the extent that I'm starting to connect with our alumni around the world that ha\·e capacity and an interest in supporting the Ia\\' school. Second, getting a meeting with the students that arc there,\\ hich is great! And then connecting with the mstttutions." \\'htle raistng her desire for deeper collaborauon, the Dean made a point of spccifical\y dt::.cusstng potenua\ YI'As. ·r he D ean's persona\ b\o~, po!>tcd on the

known international law firms expressed an interest in drawing Canadian law students acro~s the Pacific. 'i\sia is a mysterious market to me, but more and more students who have a connection to the region or speak ;\landarin arc expressing an interest in working there,'' explained Krabuer, ''l met with several firms and learned what it takes to get hired in China. l\.othing replaces the value of talking w1th these employers face-to-face. They considered it a great sign of respect."

Unfortunately, Dean ~loran could not point to similar successes in mainland China from a pedagogical perspective.

Between Beipng and Shanghai she did not come away with the same sense of promtse offered by U of Ts tradttional partners. "'I heir system of legal education ts rac!lcafly different :wd they're trying to change that vc·ry, \ er) <.JUickly. But it's vt>ry helpful for me to go tlwrc and think, you know, \\Ould I think it would make sense for us to invest a lot of institutional resources in tr) ing to encourage people Dean Moran and Assistant Dean, Career Scn.·iccs Lianne Krakaucr on the Great Wall of China to go here at this point? I think that's the more tffy question."

The cost to the Paculty of fostering Faculty perspccti\·c, Kr~kauer noted it other possible collaborations discussed, new relationships, enhancing old ones including enhanced opportunities for meant a deepening of its network with and learning about potential opportuntother law schools around the world.

Faculty collaboratton." ties in Asia was approximately $35,000, "Part of faculty's focus on increasing .\lorcon:r, J\sslstant Dean Krakauer noted that the Faculty of Law's efforts in collaboration in ,\~ia was to contribute the bulk of which went towards transthis area wen: in hnc with current insti- to a centre for transnational legal stud1es portation, accommodauon and hosting tuti;ma\ t rends. T he President o( the that is h;\SCll out of th(; Crcor~etown C\'ents. lJniversitv L'lw School. '\,US is a likely Faculty's web:-itc, indicated progress had been rhadc. "~CS] werl' wonderful hosts and \'cry responsan· to the TI't\ concept. \\'e had a follow-up meeting and lunch today with a few other faculty and there were

Cnivcrsuy of 'lim>nto, David 'aylor, has stated that J\sia is incrc~singly on the uni\'Crsity's radar. t\ s such, the Dean's trip was complementary to similar trips that delegations from OISE and the Faculty of 1\rts ~nd Science ha\·e taken. From a

'fitl~~;~~1~~~ p artner nnd h :l\ in g d c:t n co d c lll d 1scu s

sions is inmJuable to this process."

In addit ion to these objccti\'es, Krakauer indicated that se\'cral well-

' J"hc fuJI

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nying photos of the Dean's and Asststant Dean's trip to 1\sia can be \'iewed on the Faculty's website at \\'\nda\\:utoronto.ca.

Whether you want to work in a big city or a smaller community, Gowlings has plenty to offer the student seeking choices about where you live and the law you practise.

In each of our Canadian offices, we have what you need to excel as a student and t o become a great lawyer.

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FRASER MILNER CASGRAIN u~ YOUR FUTURE IS OUR BUSINESS

lwantgowlings.com THE POWER OF ORIGINAL THOUGHT

Dean Moran at the H ong Kong Alumni Dinner Montr6at

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Ottawa

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Toronto

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Hamolton

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Watenoo

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Vancouver

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Moscow

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I..rc; \L ls~L ES

SI PTE.\1BER 11, 2007

Nanotechnology in Canada

BY K \11.

The exoneration of Steven Truscott?

BY JO'\!ATJ I \1\. SO'\lG (3L)

In 1959, then !()'ear-old Stel'm Tmscoll JJ'as com·icted of tbe rape and 11111rder of 12)'ear-o/d 1-J·mte I larptr. I le u·as paroled m 1969 and bas lil'fd anOID'IIIOIIsfy in Ontario tt'tr since. Jtenn Trusroll has tlflli!JS 11/ointained lbat he is ilmocent of the cri!Jie, and 011 / l11gust 2R, 2007, the Ontario Court of Apptt~ll{f!,reed and arq11illed bit11 of it.

ProJrssorMidJael Code a/the Unit-ersi!J• of Toronto FaCIII!J• q/ fAll ' is a leading scbolar and prartitiomr in cri111ina/ and conslit11tional lit{!!,otio!l. in addition lo bis acadefllic career. be has spmt nltii!J)'fars in pril'ate practice at tbe Toronto jin11 of R.l1l?J and Fid1rardh, as JJ'e/1 tiS in L~OI'rrHIIII'IIt srrrice a.r Assislo11l Dep11() Minister, Cri111ina/l..all' a/the Millistf)' of the Allomry-Gmeral i11 Ontario. I asktd bi111for his insz~bts ontbis case and u-bat it tells liS abot1/ the co11rts • ability to rmm!J• urot~f!jul com·ictions.

that there were adults living in the immediate area of the crime scene who had histories of being sexual predators. Yet the Ontario Court of Appeal did not consider it necessary to address the argument of Truscott's counsel that their Jonathan Song: How did this case client was subJect to an unfair process in come before the Ontario Court of .\p1959. Why IS that? pcal all these years after the conviction MC: lt is true that there were such inruand subsequent Supreme Court of viduals m tht. area. But there are probaCanada appeal? bly at least a few persons with such Michael Code: S.696.3 of the Criminal his cones, who ma} be on parole for in .

Code proddes a special power to the stance, in man) places. And furtherCrown to order the review of criminal more, none of them have been linked to cases where all appeals have already been J.ynnc Harper's disappearance. Those used up, so that new and cogent e\'iangles were never invesU!-,tated by the po(.lencc that may exculpate the com·1cted lice. As often is the case with miscarcan be examined by a court of law. It is riages of justice, the police rna\· ha\·e had the codified form of the traditional "tunnel vision" when the\" f;>cuscd on "prcrogath·e of mercy" that the Crown StC\·e Truscott. But it would be too spechas had for ages. Following a decision faulative at this point to insist that other vorable to the appellant, the :\Iinister of suspects should necessarily have been Justice could choose from a number of considered. rcnH.:dial mcasun.:s to be taken, ranging from :t retrial to an acqumal. This power JS: 1\s I understand It, before a court of is \'cry rarely used. It is an exception to criminal law, a defendant is either guilty the principle of finality. or not guilty. \\'by then did the Ontano Court of 1\ppeal ultimate!\- find that JS: \'\hat is the principle of finalitY? \\lw while Steven Truscott was. no longer docs a criminal process that e~ds up guilty of the murder of L) nne I larper, being unlawful or even unconstitutional he could not be proclaimed innocent of not automatically warrnnt review?

It either?

MC: A case can only he re-opened if MC: ')nat is a difficult question. Your there is evidence to show that there wao; assumption IS correct. If the presumed a miscarriage of justice in that the outinnocence of the defendant is not discome was wrong. Thus the central issue placed, than that innocence is restored is not whether there has been an unla~·­ by law. So in being acquitted Steven Trful or even unconstitutional criminal law uscott is by law presumed mnocent of process per se, but whether that criminal the crime that he had been wrongfully law process has led to the wrong result. com icted of. [f the a\'ailable evidence indicates that Groups like AID\XYC (Association the convicted part) would still be con ln Defl:nsc of Wrongly Convicted), who victed today C\'en with the different pro represented Steve Truscott before the cedural requirements, then there is no Ontario Court of Appeal, and others in reason to re-open the case. the \\ rongful Con\'iction mo\'ement have been lobbymg to introduce a third JS: This case received a great deal of atverdict beyond guilty and not guilty/pretention followtng a CBC Fifth Estate sumed innocence: proven Innocence.

Qocumentary where It was pointed out J

Their argument is that the sti!,ttna that a wrongfull) com·icted person bears can't be dispelled merely by having their presumption of inno· ccnce restored, that the court has to indicate that their innocence is now a proven fact.

The whole topic is very controversial because one has to ask what is the standard of proof for proclaiming innocence? \'\'rongfully convicted people in Canada have only been proclaimed innocent when, like in the \Iilgaard case, there was 01'\.A evidence to prm·e on a balance of probabilities that the convicted person could not have committed the crime.

The Ontario Court of Appeal seems to ha\ e come very close to proclaiming Steven Truscott innocent. After anah:ling the pathology and entomology ;vidence that the defence's experts proffered indicated that Lynne Harper died closer to the day or night of June 10, rather than the evening of June 9 as the Cro\\ n had argued. At paragraph 380, the court wrote that this difference ratsed more than a reasonable doubt that Lynne Harper died before 8 pm on J unc 9. She had to have died before then for Steven Truscott to have been the killer because he was seen returning to the school grounds after 8 pm. And regarding Steven Truscott's mo\·ements on the County Road on June 8, the court wrote at the end of paragraph 504 that the defence's theory could be reasonably beargued to be "at least as tenable, if not more tenable than, the Crown's theorv of the County Road evidence." But i~ the end, there was too much uncertainty . in the facts to go further than that.

iron has been used in the remediation of choloro·organics, a major class of contaminants at LS waste sites. '\J anomaterials are also bemg studied for use in cancer treatment and other medical applications.

But compared with the public and private resources poured into R&D for commercial nanotechnologtes, \'cry little research has been done into the risks posed by nanomatcrials to human health and the environment.

Accorrung to the United Kingdom's Roval Society & Royal Acadcm) of Engtneenng, "there is evidence that some substances are more toxic in their nanopartJculate form, probably caused in part by their greater surface area."

The European Commission's Scientific Committee on Consumer Products (SCCP) has continued to further examinc the safety of nanosized particles, Including titanium dioxide. In a previous report, the EC's Scientific Committee on Emerging and ~cw lv Identified llcalth Risks (SC~~ IHR. noted that not only is there msuffic1cnt data on nanomatcrial risks, but "there is insufficient knowledge and data concerning nanoparticle characterisation ... to allo''' Gcordi says: "Nanotechnology sends for satisfactory risk assessment::; for my hard drive into warp speed! populations and ecosystems to he per nanometers. A nanometer (nm) is one formed" in the ftrst place.

You may have heard of an innm·ative tcchnolog~ called nanotechnology, but do you know what it IS and what risks and benefits it poses? !low Canadian regulators arc dealing with it?

Although there is no internationally accepted definition of nanotechnology (N1), it is generally known as the study, mantpulation and control of nanomatc· rials. The Canadian regulators responsible for new chemical substances descnbe nanomaterials as substances w1th one or more dtmens10ns at the nanoscale, typically between 1 and 100

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FROM THE MOMENT YOU ARRIVE AT BLG WE WILL PROVIDE YOU WITH THE TRAINING THAT WILL HELP YOU TRANSITION INTO THE PRACTICE OF LAW WE ARE COMMITTED TO ENSURING YOU GET THE LEGAL SKILLS AND KNOWLEDGE YOU NEED TO NAVIGATE THE WATERS Of PRACTICE. TO FIND

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specli\'C, a 80,000 nm wide. ~T has far-reaching imphcauons because familiar dements and compounds often exhibn different physical and chemical properties at the nanoscalc.

Sometimes these different properties appear even though the nanoscale clement or compound has the same molecular structure as a non-nanoscale particle of the same material. For example, titanium dioxide nanoparticlcs arc often substituted for larger titanium dioxide particles to a\·oide the greasy white residue in cosmetics.

On the other hand, some nanomatcrials ha\·c novel molecular structures, deliberately constructed to bring out useful new properties. One of the most commonly used of such nanomaterials: carbon nanotubes, permits the manufacture of stronger, lighter carbonbased articles. However, some studies have highlighted concerns over the ability of nanotubes to sink into lung tissue and cause problems akin to those caused by asbestos fibers. (,loball], nanotechnolog; R&D IS vcr) widespread. S150 billion of nano products were sold in the US in 2005, and global sales of such products should \'alue in the trillions of dollars by 2010. In addition to being lucrative, nanomaterials someomes have environmentally beneficial appi.Jcattons. For example, a nanomaterial called zero-valent

f11 ( .1n..ad•J, the ~'.u•on.JI T~t sc Jr<'h

Coundl, rhc c;o, ernrnc:tH ol i \lh<'rtn,

and the L mversity of Alberta han. created the !\a tiona] Institute of '\1n · otechnolog) ('.IT\ T) to determm<. how to build nanomatcnals and nanosystcms that can be constructed and pro· grammcd for a particular usc.

Though the website of I'\ T '\ L '31Ss ('\anotechnology Eth1c.al, I .n v1ronmental, f.conom1c, Legal and Social) claims that 1ts research is \'cry important, ""INT l\..E3LS only comprises of two researchers, m.ither of whom is a scientist (one IS business professor, the other a health lawyer). lndctd, based on -lNT's website and email commumcation w1th one of the I '3LS rtsearche:rs, there is little 1f anv ongomg scientific research at l\.. l f which IS primarily aimed at o.plonng the health and environmental risks posed by nanotechnology. llo\\'e\·er, Canada IS participating in the International Standardization Organisation's attempts to establish an intcrnanonall) accepted standard to measure '\;T. 1\ lthough some work on '\lT risks has been funded by Lnited States federal agencies and the European Commission, such research is still meagre compared to both jurisdictions' funding of · research into commercial 1\:T applications.

Currently, Environment and Health Canada's New Substances Program only

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rc(1uires notification of nanomatcnals as new substances 1f they have a novel mo· lecular structure, and the Canadian En\lronmcntal Protection Act 1999 (CEP;\ 1999) regulatiOnS do not require information on particle size to 1dent1fy a substance. Therefore, nanomatenals which d1ffer only m particle size and surface area from larger particles of a material a)-

nology by 20 I 0, on the assumption that the necessary technical information would then be a\'ailable. llowe,·cr, with such minimal support of risk-oriented research in Canada and elsewhere, it will be interesting to sec whether enough information exists by 2010 to de,·clop effective protection for health and environmental risks.

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ready approved for usc in Canada arc considered no different from the larger material. As a result, nanoparticlcs which arc red-flagged by sec p rna\' enter the Canadian market. undetected. unless the manufacturer or importer volunteers their existence.

Canada's delegation to the 0\ ( D \\'ork1ng Group on Manufactured ~ano materials 10 October 2006 stated that Canada wou\d adiust it~ rL1-,>u\ations tn ..-.ccomn1odate concerns about nanotccn

YOU to write for us\ Fot: mot:c infot:matl.on contact u\tt:a.vit:cs(a utotonto.ca

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Networking Career tips • Leadership opportunites, it's all included when you sign up for your free student membership in the Ontario Bar Association.

Join online today by visiting www.oba.org/students For more information contact: 1-800-668-8900 or membership@oba.org

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F&\Tl.JRLS

SUMM£fZ. WDfZ.I< U.T.

chef Thomas J.-.ellcr).

N.Y.

8) \\oDRI \\'BINKLEY (21.)

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BY JACKIE VA~DERMEULE~ (2L)

Jackie VanDerMrrdttl completed an lnlematirmal Humcm Rights Prf{?,ram (IHRP) internship nilh the C:irl Child Netll'ork in Zimbabu·e ot•cr the SlltllnJer. Before leaving for Zimbabwe thjs summer I tried to do m} research. The international pres~ loves to write exposes about the political and economic disaster that has been created in Zimbabwe over rhe past 15 years by President Robert l\lugabe, but just how much of thb, I \\Ondered, was hype? l\ty mother was, of course, convinced that anyone going to Zimbabwe would be murdered, raped, robbed and deported (m decreasing order of preference); yet p<.:oplc on the ground assured me that everything \\'as "just tine.''

My first impre:->sion was one of pleasant surprise. Despite aU of the things that I had rL-ad, the capital city of r lararc seemed to be like any other city. People were busy drh·ing to work, there was good infrastructure and the schools and hospitals arc some of the best tn Africa. ( hhcr than the daily power outages, the 7,000 per cent rate of inflation and the

weekly water hulures,life seemed to continue on very normally for most people in Zimbabwe. I quickly got used to cooking my dinner over the fire and carrying around a hook-sized stack of currency, and I continued to wonder what all of the hype had been about. True, no one was being paid fair wages, and yes, the rural areas of the country remained very poor, but this was not uruque to Zimbabwe, so why the adillrional worry?

Just three weeks after my arrival! got to experience for myself the political rollercoaster that Zimbabweans are forced to ride. AftLr 27 years in power, ~luhrabe continues to use the economy to support his cronies with Ycry little foresight. I ~very policy decision seemed to be made in an effort to clean up the mistakes of the previous one. The government, for example, introduced "Operation Slash Prices" to drum up political support. .\tugabe's stateowned media propagated the excellent work that he was doing by fighting the 'greedy business owners' who were causing the 7,000 per cent mtlation. In fact the high rates of inflation were due to the policr instability and the state printing of money - the fault of .\lugabe himself. Still, the police went on a spree and arrested busmess owners who did not reduce their prices. In response, businesses stopped producing goods

and stopped selling the goods that they did have, leaving .stores and shops empty.

One of the most frustrating results of thts was that there was no petrol.

While Zimbabwe has long had problems with the availability of petrol, now all of the stations were completely dry. The only \\'a) to get your hands on any was to use the black market. So we would meet "Joe" or "Harry" in a back alley and exchange two or three US dollars for a liter of fuel. I was lucky to have access to foreign currency, but many didn't and the salaries that they were being pa1d became increasingly worth-

I was fortunate to work for the City of Toronto Prosecutor's Office this summer.

The majority of the work was research, but (carefully supervised) they also let me conduct several PrO\incial Offences J\ct prosecutions - sort of a baby crown rok·. The courtroom time was by far the most interesting: negotiating plea bargains, deciding which case to call ·when, and proving ben>nd a reasonable doubt that the piece of garbage entered in eddence before the court belonged to the individual on the stand.

It was great seeing the City from another perspective. Often one hears grumbling about how slowly the gears of bureaucracy grind. l {owcver, the parts 1 saw \.VCn.: yuite diltgent in responding to the rc<.1ucsts and complaints of inhabrtants. Food poi ... onmg? ('nil 'l(_,ronro Puhlic J lc-alth and the\ \\111 send .111 u1spc<.:tor tu the

summer colleagues at Yankee Stadium.

Summer in Zimbabwe

£XP£tz.I£NC,£5 WDDHDD Summer at the City ofToronto Prosecutor's Office

1\ record number of U ofT students took summer positions at i\fanhattan law firms this summer. The intiltr:Hion was so grear that some firms found themselves with more summers from lJ of T than from any American law school. Despite the reputation as summer associate life as "summer camp," many students report that they found themseh-cs, at times, doing a significant amount of work. That said, the summer was still highlighted for most students by a number of memorable experiences, ranging from receptions at the top of Rockefeller Center and Central Park, to concerts, Broadway shows, and forays to some of the city's most well-known restaurants (and, for one lucky U ofT student, a round of golf with world-famous Dave Walders (JL - second from rig/H), Steve Werier (JL-centrc) .md

17

less. Thb made getting anywhere ver) difticult, as most of the buses stopped running and cars sat idle in drive\\-ays.

Food also began to disappear from the sheh·es. 1\bout the only foods you could find in the stores were tomatoes, onions, canned beans and some very expcnsh·c imponed products. Still, there was relative calm m Zimbabwe, as people emptied their own gardens and became crcati\C with their cookjng.

As I grew increasingly frustrated by the situation, Zimbabweans grumbled a little bit, but most had already adapted to their new r<.:alit).

CONTINUED ON PAGE 21

prenlf~c._,

ru 111

vestigate (I found this out the h:tnl way thrs summer) and the results of the inspection will be posted on DineSafc for all to sec.

The lawyers at the city arc a happy hunch and 1 would highl) recommend the experience to anyone.

Andrew Binkley (2L)- a happy hamster in the wheel of bureaucracy

Donner Fellowship student has an ACE of a summer

BY R \NDAI L 11,\RRIS (3L)

1 have been asked to sh,tre With you, my fellow classmates and future senior ciu zcns, my experiences this summer w1 >rking at the Ad,•ocacy Centre for the Elderlr (a.k.a. "ACE'') thanks to a PBSC Donner CJ\•il Leadership Fel!O\\ ship. I'd like to first tell you a bit about the maan legal issue which 1 worked on and then tell you some things that this summer job taught me.

ISSUE: After n:cch·mg acute tn:atment at a hospital, seniors arc often too frail to return home and thus must make a transition to a nursing home. <>ntario legislation sets out the procedures _h) which a patient transfers from a hosptUtl to a nursing home. One of the major tenets is that the patient or his/her substitute decision-maker free!) chooses a maximum of three nursing homes to apply to. The patient cannot .be tra_nsferred to a home not of theu choice.

Unfortunately, man) hospital<; haH care authonues to let them know about the problem ,tnd to provide thern wtth adopted policies that disrcganl tbic; im portant part of the legislation. The in: ,\CE's legal opinion as to why thcst' hostense pressure to get people out ol pital pohocs .trc illegal. I also worked on hospital beds as soon as poss1hle has hdping to prepare a littgation stmregy tn dri\en some hospit:ds to force seniors to case the issue reached the courts. Intertake the first a\ailable bed, regardless of estingly, every time ACE sent a Jetter on whether or not this bed is one of their behalf of one of lb clients to a hospital tl1rcc choices. If the) do not accept this dcmandmg that they cease with threat bed and stay m hospnal, patients arc sent cning to bill the senior if he or she did bills charging them for their stay as not take the first a\·ailabk hcd, the hosthnugh the} were umnsured patients pital would quickly stop their attempts to dtschargc the paoent. I lowever, for ($300 to S800+ per day). e\·erv patient represented hy J\( E, there \CI: is contacted almost daily by sen· arc surclv countless others who do not ion; or their loved one~ who arc threat ened with transfer to a nursing home reali?.c tltat these policjes nrc illegal. which- they do not feel to be 11ppropriatc. r\ftcr all, we generally sec hospitals as inFor example, one client was told they sntutions we can trust, and would tlm'i had to move to a nursmg home a two- not normally think of questioning the lehour dri,·e down the 401 from where she gality of their policies. and her elderly husband lived prior to WHAT I LEARNED: I could talk her hospitalization. ~fy \\Ork included writing to health for hours about what I learned (and will

do so 0\ cr a pitcher if asked!), but since one of the fan>urite and almost in t·scapablc obsessions of law students is to try to figure out ''hat to do when we get out of here, l'd hke to speak a bit on what \\orking at ACE taught me about '"hat makes public mterest work so attracm·e. And I am not talking about morality, but about a ver} practical io;sue: getting through a day at the office. Just like at any legal practice, \Cf~ has its share ot clients who arc not the most agreeable and who can he a real p:un to deal with. Also, It is hard on the morale to put enormous effi>tt mto letters nnd submisstons to government, onl} to recehc no response whatsoe\·er. Yet ACI~ IS permeated with an almost tang1ble feeling of optimtsm and d) namism.

There is a sense amongst staff that sooety needs an advocate for seniors; that socict) needs ACE. 1bis infuses...

CONTINUED ON PAGE 21

And so... as the leaves begin to started with the incoming class fall in shades of red, yellow and deYouring the first of many delightful green, we bid a fond farewell to gastronomically Orientation Week, and wish the meals, which reflected the mulfirst-years a successful journey of ticulturalism of the1r new home by including Greek, Italian and acquamung themseJ,¡es with Su doku, Denning and ne\\' Facebook Afghan culsme. Armed with an friends. Thanks to a logistical Impressive array of speakers, epiphany, the Exec ensured that most notably the Honorable this year's tent size actually allowed M1chacl Bryant who regaled thewas amazing! 1 thought lots of the Class of 2010 to enjoy a steady class with h1s work and engaged in people would be really scary [but] stream of fresh air from their initial some "subtle" sublirrunal messag- they're not, they're regular people, foray into first-year. The week ing, attendance at th1s year's events man!" was consistently strong. One firstyear commented on how impressed Photographs contributed I!J Karm she was by the prevalence of public Yun Qrao Fmg, Jonathan Carter and interest opportunities promoted by !Vran PateL the week's guests. The evening ac tivities were also well received as the new class enjoyed cosmic night bowling, overflowing pubs, and their very own Casino Royal which included aspiring 007s loaded with mounds of Mayo Money! The last word goes to a member of the first year class: "T he scavenger hunt

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FEATURI.S Stern - continueu from page 14 c. \\1 hen a girl walks in with an itty-bitty waist and a round thmg in your face ~ou get sprung.

S: I think I'm gonna go for C there . ..

I'm going to guess it's from some 1950's song ... ? 'I'he "itty-bitty" part sounds like "itsy-bitsy teeny-weeny yellow polka-dot bikini".

M : That's a good attempt at analogous reason mg.

S: \\c specialize in that here.

machine .. . Anyway, mO\'In~ on, which famous author do you think wo uld haYe written "I'm not a girl. no t yet a woman"?

S: Dorothy Parker. She. IS definitely not a girl. But if you rtad htr short stonc.s It's not clear that she is yet a woman. She has a story called "Big Blonde", wh1ch IS about a blonde bombshell who is always picked up b\ men, but they ultimately desert hn. She is a d1tz and is only interested 10 men for their money. That is a typical character for Parker.

r

M: \\ ho would haYe '' ritten "I'm a bttch, I'm a Jm·er, I'm a ch1ld, I'm a mother, I'm a sinner, I'm a satnt, I do not feel ashamed"?

S: It would ha\'e to be someo ne who welcomes a multiplicity of idenouc.s and is e'1ually at home in all of them. Someone who doesn't just affect one kind of fictional persona but is multiYocal.

1cholas \loslcy could have written this.

I Ie 1s '' tlltng to create characters who denigrate thcmseh-es.

"p/lysio,g11o111y" S: \ man's having a wicked physiognomv docs not create reasonable and prob.ably grounds for arrest. In other words, just because someone looks like a bad dude doesn't mean you can nail h1m on the spot.

"J)e/itacy " S: 1 'he-officer's delicacy forbade him to mention where he had obsen·cd the suspect's mcchanc<.:tC They picked him up for a sexual offence and weren't willing to say so directly.

M : What about "\l1rrors on the ceiling, ''J'ransport" pink champagne on ICC, we are all JUSt S: Throw transport down the well!

M : W'hich of the following IS '\ OT a "H \\ l NG \ \X I.CKr..D " \ 11bli111r" pnsoners here, of our own dC\'ice"? guote by William \\'ordsworrh?

S: Chocolate is subhmc.

S: I'm going to say Edmund White, an PHYSIO(, 0\IY DOLS '\.OT a. The child is father of the man.

M : Yes. Yes it is.

• \merican novelist. \II three of h1s earh· b. fl ow commentators each dark passage CRb\1 L RL \SO'\. \BLE _.\ 1\.D works are wonderful .'\octmusfor the lvt~f!, shun, And hold their f.·uthing candle to PROB \BLY GROL '-DS fOR of \'aple.r, For._(!,ellit~f!, Lima, A Bqy ':r Ou'!l Coke or Pepsi? Coke the sun.

ARRI S l.

IN OTH L R \X'ORDS, Jtory.

I le ''rotc baroque fiction where Boxers or briefs? Boxers c. You spin me right round baby right the lanJ.,'1.lagc is very c.laborate but is con- Jenmfer Ani stun or Angelina Jolie? \X'e 're round, like a record baby right round, JUST BECt\ US h S0\1E0Nb Sistently about characters m bizarrely back to the problem of m e not knowing round round.

LOOKS I IhE 1\ B.\D DUD I ~ famous acto rs. co nfined circumstances.

5: Definitely C. r recognize it. Is it from DOl S'\.'1 Ml ~\'\i YOL C \~ Beer o r liquo r? Liquo r a rap song circa 1998? Sorr); I mainly listen to classical mu~tc. ~ \ IL f lll\1 Ol\ THb SPOT.~ M : \\ hat abo ut "All the women who are Co medy or Tragedy? Co m edy indcpc.ndent, thr<)\\ your hands up at Limericks o r f laikus? Haikus Yankc<.: s , Red Sox? '\;either. me"::>.

M: I'm told that you are en enthusiastic biker. Can we expect a race between you M: \\hat about ''I'm a joker, I'm a S: Kingsley Amis. He always wanted "\Jc\\ ) o rk o r I V ".e'' York wo men to throw their hands up at him. Pl:ud o r Str p<.:s" Stnpe;s smoker, I'm a midnight toker"? and Professo r Jim Phillips?

Teachmg or Pr:tcucing? Teaching S: \\'illiam Burroughs a " roker" at all S: ""o, you cannot expect it at all. hours, not just midnight, and also a M: Pk-asc usc each of the following Left wing or Right Wing (politically and M : \ ( )'OU do intend to race him, ·you joker. \\'hat IS Naked Lunch but a long ,,·ords from the Otctionary of Sensibility in hockey)? Centre m bo th. ~hnuk\ <;tart trainin~ now, the man i" a ioke? in a sentence:

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21

FEATURI }')

11 2007

Opportunity knocks for PBSC volunteer BY .\lARK EoH.'ind:-.: (21.)

Law students seem to start thinking about jobs awfully early. So me probably start eYen before they open any textbooks. I was not exactly so eager. I was only sure of o ne thing: I did no t want to work in a law f1rm over the summer.

After all, I may be spending the rest of my career in one Ia\\ firm o r another.

Com·ersely, if my career mterests begin to lean elsewhere, then m) rime would probably be better spent somewhere cbe. I wanted some;thmg different.

This is easy to say, but harder to do.

There arc not a lot of jobs for firs t year students in law firms, but there still is a tlurry of recruitment activities in the winter during intervie\\: All that activity is disconcerting. And, despite the earnest help of the COO, which real ly should be used \vhcn you have It, trying to find law- related employment as a first yea r student is not eas). \\ riting enthusiastic. cover letters and muddling through in· tcr\'icws, while still trying to sur\'ivc tht second semester of first year, was difficult. And the experience was especially stressful because while the few students wo rlung at large firms had jobs secured

by February, most positions d o not become available until later in the semester- right when you have to actually Zimbabwe - continued from page I(, A Zimbabwean friend explained to me how it was they seemed rclaUYcl)' unfazed by the chaos around them.

Zimbabweans, the woman told me, arc like frot,rs tn a cooking pot on the stove.

Because the water heats up slowly, they don't nonce the rising temperature and arc content to conunue swimming around in peace, adjusting to each degree. It's not until the water boils that they will realize, just before they perish, that they should have jumped out a long rime ago.

And me? D id I also become a frog in a pot, content to accept things the way they were? I can't totally deny that l did. I k-arned to hitchhike for rides, became very well acquainted with the black market and slowly forgot how much easier life w:ts in Canaua. Sttll I couldn't get over the fact that all of these problems arc human-driven.

Zimbabwe is a beautiful countf)~ full of natural resources and with a \'er} welleducated population. 1t has the potential to he, and was for man) years, a thriving economy. ~Iugabc's policy decisions all seem to rctlcct the same desire to access resources immcdi:ttely with no thought as to their future sustainability. The good IH..'v:s is that :\l ugabe is 85 years old - he cannOt hang on forever. The bad news is that Zim· bab,veans still have to wait, swimming in their pot, and at any minute thetr \\'ater may boil.

think about exams.

But, little did I knm\; I had a summer position waiting for me all the time. 1 spent the year volunteering through Pro Bono Students at the Health Professio ns Appeal and Re" iew Board, which o ver· sees all of Ontario's health regulator) colleges, working o n educatiOnal materials fo r Ia) Board members and the public. The vice chair m·ersecing the project was helpful in m) job search, but despite my gentle hmts at desire for go\'ernment work, I had not really imagined I could jump from \'Oiunteering to emplo~ ment.

"-onetheless, I did make sure to keep the Board members I met a\\ :m: of my in tcrest in public sen·ice, just in case something came up.

T hen !-no, we-got lucky. T he \olunteer project was a team effort and we obviously h:td m anaged to impress the Board members through our efforts.

Sudden ly fundi ng for two summer students had arri,·ed! A raft of paperwork later and I was officially working for the Board. 1\nd I diu not e\·en have to write a cover letter. '\,e~,;dless to say I greatly enjoyed my summer at the Board . The Board, and it is o ne of many in the prO\ mce, IS much like a court, if an informal o ne. lt hears Donner - co ntinued from p.agc I 6 ... ~ ork on e\·cn the most minor of tile.~ with a sense of mission. For example, it is hard for an experienced lawyer to get too excited about taking the subway up to small claims court to represent a scntor agamst a contractor who put in shoddy windows. However, ther(' is the notion that if enough contractors are taken to small claims court, word will get around that there is an organization defending seniors. and that in the future contractors will think twice about taking advantage of a senior's frailties. When this overarching o bjective is present, work on a measly $2,000 claim takes on a new dimension and importance. lt is easy then to pour your energy into your work. Days at the oftice sail by. [ spent my summer after first year working at an intellectual property firm.

Though the legal work was cutting edge and involved massive sums of money, the days went by much more slowly for me. \\'ork for some reason was more exhaust ing. [ believe now that it was because the sense of mission I experienced at i\CI~ was not as prominent there, and that as such I was not energtzed by my work.

So in terms of what t'm gt1ing to do when I get out of here, 1 know that I will be looking for an oftice infused by the energy that comes from ha,·ing a sense that the organization's mission is important. If I ha\en't expressed my thoughts clearly (and that i~ likcl) as I took engineering in undergrad) I 'II gladly try to clarify O\ cr a second itched

~~~~~~~~~~~~~.~~~~~~~rlT~~~~~

appeals from health rehrulatory colleges decisions relating to complaints and registration, ranging fro m the large (doctors and nurses) to the small (m idwives). As such, the Board has to deal with a wide range of co mplex legal and ethical issues ranging from medical standards to immigrant absorption. Since the Board's research staff consisted of. .. us, we were rather bus).

We spent the summer concentr:tting on different projects. The Board was in the midst of redrafting Its Ruks of Practice, so we had to br ush off our Legal Process notes and ddve mto the fascinating world of the. Statutory Powers Procedure 1\ct. The Board was in the midst of putting its decisions online, so we had to untangle a whole range of pri\'acy issues. Ontario's health care legislation was being overhauled, so v.:c had to brief members on the rdcnnt changes and when they come tnto effect. The Board's training matertals had to be updated, which meant we taught ourselves administraci, ·e law while trying to write clearly fo r Board members (about half arc not lawyers). \\e not only got to observe Board proceedings, but also got some insight into legal mechanics that often get glossed o ver in law school

classes, such as intake issues :tnd is~uancc problems. It was a fantastic learning experience, p:trticularly because we had the oppo rtunity to meet with many Board mem bers from all walks of life and all parts of O ntario, ranging from a \'aricty of lawye rs to film producers. \\ e also spent some of our time work1ng with the Board's independent counsel, who pro\'ides legal advice when something tricky occurs at a proceeding. If, as a student, you have the opportunity to work for an adjudicative agency, do not turn it down!

Perhaps the most important lesson, howe\'er, is that when opportunity comes your way, you ha\'e to grab it. In m) C.:l' •t that was when I sent off a Pro Bono ~tudents application, sight unseen, before ftrst year began and said yes to \Oiuntec ring at a Board I had ne\'er heard of, for an area of gO\·ernmcnt I had never really thought about. IM'l\\' school is filled with these opportunities and while you cannot always take advantage of all of them, make sure to make the m ost of what is offered, perhaps especially something \vhich appears outside your area of interest.

VOLUNTEER for the

FAMILY LAW PROJECT • • • •

Gain Legal Affidavit drafting and client interviewing skills Meet and work wit h members of t he Family Law Bar Learn how th e court syste m wo rks Use your lega l knowledge a nd skills to make a rea l difference in people's lives

FLP Volunteers assist unrepresented clients at Family Court in filling out lega l forms a nd navigating the court system du ring one shift per week in both the fall and winter t erms. All volunteers participate in a n intensive training session and work under the superv1sion of court lawyers.

All FLP volunteers will be required to attend a training session on Friday, September 21 st f rom 11 :OOa.m. - 3:00p. m . at the So larium at Uni versit y of Toronto .

You may also contact Puneet Khai ra at flp. toronto@probonostudents.ca with any questions about the project or to get an application form. We look forward to hearing from you!

OPl'-.10\.~ \~D EDITORI \I~

Sl PTEMBER 11, 2007

23

• Letter to a youn conservative

Critical issues at DLS far from resolved BY: t\.ICOI.E H hl'DI R!iOS

(3L)

Many students made it clear that it was important to know that there had been an unbiased look at the events of last year, to provide the Faculty some guidance going forward. In respect of the sensitivity and confidentiality of personnel matters, the March resolution contemplated that this fact-finding committee would report only to the Dean, and that the DLS community would onl} be informed that it had so reported.

Yet there is no mention of the factfindmg committee in the report, not even a sentence explairung that the idea had been abandoned. While I am rrundISSUES ." ~on that the Execu- ful that the broader mandate of the Task ~ uve should have a Force was not to conduct an investigamore active role in tion of last year's events, this omission, administering the clinic's complaints pol- and in particular, the lack of explanation icy. I don't for a second doubt the Exec- for it, was a profound disappointment. I utive's sincerity, but I am skeptical, gl\:en am fearful that it speaks to a continuing the clinic's current structure, that they lack of transparenc} and open commuarc in fact capable of compelling higher- nication at the clinic.

It is going to be transparency and ups to observe these policies.

After what can only be described as a uled general meetings, and a robust role cion that the Executive "ensure that moturbulent year at D owntown Legal Sen- for the Executive in canvassing and tions passed at annual general meetings ices, the report of the Task Force, finally bringing forward student opinions. are brought to the attention of the [Exstruck last spnng, was released with little However, the page and a half deali ng ecutive D1rector]/Dean and properly adfanfare on August 23. Had the Task with the issue of the constitution was es- dressed" is well-intentioned, but with Force been struck closer to when it was pec1alJ} troubling. The word "constitu- respect, beside the point. The problem first conceived, welJ over a year ago, I cion" is placed in quotes throughout, a has never been that students have had suspect that the report would have been none-too-subtle dig at the students who difficulty making ourselves heard to the ~ Executive Director rallied behind it last well received. year.

This certainly ·~ or the Dean; the Among other things, a re-evaluation did not set a posiproblem was that of the areas of Jaw in which DLS pracrive tone, and was "THE REPORT IS THE we didn't feel our tices and a commitment to hiring fullPROVERBIAL BAND-AID OVER views were taken time re\Jew counsel were long overdue. an unfortunate way seriously or acted (I'm not sold on the idea of having shifts of framing the A BUllET WOUND, ONLY upon. The same being exclusively criminal or civil, but Issue.

Ultimately, the SUPERFICIALLY ADDRESSI~G goes for the suggesthese days, you have to pick your battles

r=

- on thJs one I can agree to disagree.)

However, in light of the chaotic events of last year, the report is the proverbial band-aid O\·er a bullet wound, only superftciall) addressing the deep issues of structure and governance that were raised in the controversy.

'The report \S lengthy, and l do not purport to do it justice in a short op -ed p1ece. To that end, I will focus on the issue of structure and governance, which the Task Force's mandate was expanded to include following a general meeting last March. Arguably, it is the most important (and most telling) aspect of the report.

The relevant section of the report acknowledges the need for regularly sched-

I.

report may be right THE DC.EP that some of the ~ contempowers plated by the Constitution may not be reconcilable with the overall legal structure of the clinic., although I feel strongly that it goes too far to suggest that the general membership should have no decision-making powers at all. More troubling, however, is the lack of a clear

\ision for how the clinic should be governed in the future in rimes of disagreement. The Executive had a number of suggcsoons, including policies aimed at ensuring more transparency and communication as between the Execuove and students, which I applaud.

On this subject, though, the sugges-

J

()n ch1s note, the most glaring omis

sion from the report was any mention of the fact-finding subcommittee that was contemplated by a resolution of the March general meeting. While it is now clear that resoluoons of these meetmgs carry little to no weight, this mquiry could and should have been a significant step in the clmic's moving forward.

conlnlunrcatoon, or the lack thcrcot: that

wlll shape the d1rection of the clinic

going forward, and no doubt the students will be watching. Unfortunately, I'm sad to report that I'm not looking forward ~ith much optimism, given how unresolved last year's issues remain. For once, I'm hoping against hope that I'm wrong.

Dear conservative/libertarian lL, flow was OrientatiOn? D1d vou like the food, the tour, nnd all the talk about allthL good you a • going to be able to do as a lawyer? 1 saw you wandering through the events look in~ for someone who shares your political outlook. I saw you noticing all the clubs promoung almost C\'Cr) left \\ing cau on the planet. 1 saw you walk past the Canadian Constitution Foundauon table at the Clubs' Fair, si1-,111 up, and wonder whether Ia\\ school wtll make you feel like the on I} sane person marching against th crowd in the m1ddle of a proletariat upnsmg. The answer is yes but don't worry.

Here is advice that will help you get through law school as a conservative or a libertarian: 1. Stay in the Closet (for a btt): It is a notonously bad tdea to become known as the "consen person \\ithin your first few weeks here. If you ever get an urge to scream oft the top of your lungs someone Qikely a professor or classmate) is two fries short of a I Iappy .\teal, please stop. In rime, you be able to wear your politics proudly; but for now just try to make friends and get to know people. Stt etly for the first couple of weeks; once you have made friends who won't judge you because of your politics, you can feel free to come out of the closet slowly. That way when people talk behind your back, they~~ will say things like "he is a conservati\'e, but a nice guy" rather than "she 1s an evil conscn·ative." il 2. Know your Prof: Your marks matter, so be smart about what you write in papers and exams. l\lost of the professors at U ofT arc left wing and most of them arc fatr markers. ln fact, sometimes being al conscrnttve will mean that the professor w1l1 give you a better mark because you arc not making the same, argument as all the other left wing students in your class. J lowevcr, you will also find professors who arc not as academically mature and who will gtve you a bad mark because they just cannot accept the idea that \ a conservative opinion can be a considered one. Be very careful around these professors.

3. Bridge Week: Dunng one of my Bridge \\ecks, the faculty invitt:d Nandtta Sharma, a self-proclaimed "radical non·\\ h1te," \\ ho seemed to imply that \'flute Canadians, as a whole, were racist. In another, we were provided with all the left-wing evidence to show that a gm·ernment monopoly on healthcare is good, and then asked to write a p:tpcr on healthcare policy without referring to outside sources. If vou face a similar situation, here is my ad\' ICC" t~>nore the instructions and the material provided to you as a part of Bridge \ ~ \\'eek completely. Write to i\Itchael Code or Kent Roach and tell them that you intend to ignore the in- \ 1 struction that says you cannot include outs1de research.

4. Embrace it all: You should recognize that Ia\\ school is filled with liberal people and ideas, but you shouldn't dismiss an argument because the person making it happC;ns to wear Birkenstocks. ChaUenge yourself and think the 1deas throu~h. If some of your positions chan~c, don't worry. This is probably a good maturation process. ) ou arc not catchin,g liberal cooties.

!,

5. Join the Canadian Constitution Foundation: rhe Club :1ss1sts in h oHing a national confi:n:ncc

and vanous debates throughout the school year. The idea is to put a considered consen-ati\·e opinion up against an informed liberal one and let people decide for themselves. Last year the club hosted debates on the Danish Muhammad cartoons, ,\boriginal governancL, and the Court Challenges Programme. The k<.:ynote speakers at this year's conference will be 5uprcme Court .Justice Rothstein and llan·ard Professor Charles Fried.

I know that all this advice will seem pointless, the first time you read the word "humyn" in an article. \\'hen that happens, just remember this: it could have been worse. You could ha\'C been studying ar the People's Republic 11 of ( hgoodc. r

MMP: Ontarians should look and leap!

B\: KAsRA NEJATIA:-.; (3L)

BY Ll .\~ 1 i\lc llt'G II RrssH .t. (31.)

After months of deliberation, an assembly of citizens from across the prO\·incc has pro\'ided Ontarians with an opportunity to drag Ontario politics out of the 17th century and into the 21st, by seriously changing the way we elect our politicians. The October 1Oth referendum \\;11 consider the value of a new voting system. Multi-member proportional, or 1\lMP, would proYidc each party with seats according to their province-wide popular vote, while maintaining a local l\fPP for every constituency. ,\lost robust democracies have already substantially switched oYer to a similar system . And despite troubling exceptions, like Israel and Italy, whose political turmoil is likely less related to their voting system than to deeper sources of social conflict, most early adopters of proportional representation have fallen neither into paralysis nor anarchy. Yet the mild bur.ch - a strange coalition of •

~

11~~

I~

1£

partisan hacks and staunch anti-partisans -has aligned itself in support of politics as usual.

Besides those like Ian Urquhart who seem to get starry-eyed over the charms of any tradition, no matter how ineffective the mstitution, the vanguard of the status quo has two core arguments. First, because the system will usc party lists, ~fPPs may be less accountable to the "local constituency associations" which this coaliuon somehow believes holds sway now. And because of the (debatably) higher likelihood of minority governments under the new system, they rail against the power that might be held by small parries, while discounting the unreprc~cntative sway held in the current system by large parties. ln short, they argue, the new system just isn't fair.

Of course, neither is the current system, and that's no surprise. ~obcl Prize recipient Ken Arrow proved in 1951 that no voting system can balance every citi-

zen's policy interests in a way that would the important questions to be answered follow some certain, generally agreeable by the polity arc not one~ of which rules of fairness. Our current system rights arc to be guaranteed, which interseems particularly bad, allowing those who didn't vote for the Yictor in every riding - usually more than 50% to simply have their votes thrown out.

Since the fairness of the system is always just an approximation of an ideal, the choice to be made on October 1Oth should be informed by the far-fromsimple question of what it should mean to live in a democracy. Cert:tinly, accountability - the ability to "kick the bums out" should one group in government fail to live up to our expectationsis an important aspect of a pluralist soYippee! Isn't voting great? ciety.

Yet the emphasis placed by opponents ests arc protected, or how poliucal of ~L\1P on only this one aspect of power is to be distributed among citizens democra<.T reduces the role of govern- or between lcYcls of government, but inment in our lives to a question of admin- stead, with policy basically agreed upon... istrative efficiency, not one of principled leadership. The criticisms suggest that

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Shapiro on sports \'\'h1lc the beginning of the new school year docs mean hack to class, thankfull) it also signifies the beginmng of a \'ery exciting time in profl':S ional sport . !';otto worry, I ha\e ) ou co\ cred: here's a quick recap of what you need to know in order to stay in the know.

SepH..mbcr means that pennant and wildcard races in i\ILH are hcgmmng to heat up and that the playoffs arc not far away. In the 1\L, that will likely include the Red Sox, Indians, and t\ngeb as division champions, plus one of the Yankees, ~larjners, Tigers or even the Blue Jays in the wild card. In the NL, the ~lets, Cubs and Padres arc holding onto slim di' ision leads, with no clear team out in front f(lr the wildcard. ( >f cuurse this is what i\ILB wants us to be talkmg about, ami not the steroid controversy surrounding Barr} Bonds' successful summer hid to become baseball's all-time home run king.

The new school year means that N II I. traming camp for is ready to open v.-ith the season ::;et to hcgtn in early Octoher. , \s uf;uaJ, the oft",.w::t~( m w:ts 11 time for player mvn•mt~t, with teams :1ctivcl) pursuing free agents. The higgc:;t "winners" were the Rangers and the Flyers, both of which made significant acyuisitions, while the h:ings, Pens and Caps also did quite well. <>ut of the six Cana dian teams, the Maple Leafs did the most to imprm e their chances, though there arc no guarantees that the o\'erratcd .Jason Blake and longtime backup Vesa Toskala will make enough of a difference to C\ en get them into the pla)nffs.

The end of summer may hnng With it some sadne'is, but ...

CONTINUED ON PAGE 26

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Come and see how we p1actise who! we ptecch. For more mfo1mation contact Nina Bombiet, (416) 865-3052 or nbomb1er@ lit1gate.com.

You want to be on our side

litigate.com

So you're in law school, eh ... ?

f

B\ S.\

1 I' K\\o~

E,·cr have a conversation with a fm:nd, relative, or c\·en complete stranger th<H went something along the lines of:

{31.)

.l Questions relating to pre-nupriab and

divorce. .t. arne of a cheap la\\l·er who practices < msert practice area here> Friend/Relative/Stranger: "So, what do 5. I low to fight back agrunst collection agcncJCs you do for a (j, mg?"

La\\ Student: " \X ell, actually, I'm still a Most complicated requests: I . RevJCwing a contract for deficJCncics student." and potenoal uability friend/Relative/Stranger: "Oh yeah?

2.

Re\ iewing someone's last will and tes What arc vou studying?" tamem La~ Student: "Oh, I'm just in law 3. Directing someone to a section m the school."

Friend/ Relative/ Stranger: "So you 'rc in Crimmal Code Most difficult to turn down or exla~ school, eh . .. ?" plain why you can't assist: Law Student (looking nervous): "Uh I. As a summer student, commissioning huh ... " Friend/ Rclati\e/Stranger: <insert ran- a document for a relative or dose friend who is not a client of your firm dom request for legal adv1ce> 2.

Ad,isinga friend of his JegaJ rights L'lw Student (searching francicallr for a when he's going through a rancorous response): " \X: ell. .. " separation seckmg le.vta/iollis. .As soon as someone dJscoYers that Requests that make you question the you're in Jaw school, It becomes open future of humanity: season for d1spensing legal ad\·ice. \Vc 1. Helpmg someone to screw someone sun·eycd fellow law students for exam· over, legally, of course pies of types of such requests - our re- 2. Figuring out how to run a grow-up legally, of course sults arc below.

3. L:lw school eh? Did you sec that artiMost common requests: \. Fi\!,hting a \... mverstty of Toronto cle in :'-.lacleans? \'\'hat about the one in parking ticket Toronto Life?

2. Dca\in~ wi.tb a nm<;,~· next door nci~h­ Requests that exposes your ignohour or a bad \and\ord

ULTR\ VIRES

OPI'\.10~!:> \'\.D EDITOR! \LS

24

ranee o£ the \aw:

MPP - Continued from page 22 ... who gets to steer the ship of state. In that way, our current system seems more infi mncd by corporate shareholders rights than by real meditation on the task ~f how citizens engage in the joint project of a shared society.

Deliberative democracy theorists, like Joshua Cohen, ha,·e stressed that democracv is not, meaningfully, about votes alo~c, but about the ability and willingne!'s of citi7cns to engage in the debates of the day. In at least a partial answer to 1\rrow, Cohen suggests that pohtics should be about ideas and the ability to discuss those ~deas, not just about trying the impossible task of mapping individual interests onto single policies.

The beauty of a system with more, smaller parties and less majority government b that policies proposed will

1. Explaining to someone whether or not he/ she reall) has "freedom of speech" 2. Naming all of the. Supreme Court Justices (or naming he)\\ man~ there are..)

3. Describing the legal consequences of speeding 16km/hr 0\·er the k.5al speed limit at 4pm on a city street next to a park (Thanks, Prof. Brudner) Most random legal questions: 1. "So a husband and \.\;[e can be con-

be more diverse and decision-makmg more thoughtful. Without the fear of vote-splitting by both policy-makers and voter~. parties will be able to move away from the centre and differentiate themseh·es. And because, contrary to the current system, almost every citizen's vote will count, those ideas will get meaningful representation in the legislature and public debate. .MM P promises to move Ontario toward a politics of ideas. The mild bunch focuses narrowly on posstble gaps in the road. Ultimately, not voting for the new system just perpetuates the poliucs of fear. Really, what is there to be afraid of? If democracy works at all, and ~L\1 P fails, we can just kick the bums out, and go back to our charming, ineffective, tradition.

For sources, and further discussion, \is it mchughrussell.wordpress.com.

'1ctcd of the same. crime?"

2. "So vou mean I can't plead the fifth in Canada?"

3. "Is it true that if the police ofticer isn't wearing his hat, he can't give me a speedtnt• ticket?"

Not even legal requests: 1. I mding a tax loophole or tax shelter 2. Beating a brcathal)-zcr 3. Go "'&#S* yourself

SbJYrE~fBER

25

OPJ. I< )i\:S A~n EnrroRir\I....~

11, 2007

Taking the plunge into 1L

BY K1 \IN DnRGAl'< (I L)

Just unJer 200 U ofT l...'lw neophytes wok the plunge into 1L during ().week '07 at the Faculty of La\\: From what 1 gather, the class of 2010 emerged successfully with their spirits buoyed by ex-

citcmcnt and inspiration from the week's events.

For many of us first-year students, it hadn't been too long ago that we first rccci,·ed notice of our admission to UTJ ..

For me personally, I felt that hfc woulJ be foreYer changed from that moment onward, that I had been given a key to unlock many doors of opportunity and embark on an intellectually stimulating

life-path not poss1ble for man) peopk•.

But as the summer months before school rolled by, se,·eral unflattering articles about the legal profession were published in Macleans and Toronto Jjfe.

Although I had previously been exposed to these depictions of the profession, thcy made me rethink my decision to go to law school, nen if just for a second.

With Orientation \\'eek 2007 many n first-year's lingering doubts about heading to law school were alleviated, including my own. One of the first and most pleasant reali7ations on the tirst day of orientation (in fact it may ha\'e caught some off-guard) was that we had each become em·cloped in a community of students as tntcllcctually cunous, confident and even as witty as ourselves. "\'\'here arc the budding rats?" some of us may have been asking. \X h1lc a few fellow first-years seemed resigned to the idea of domg corporate law-on-BayStreet-and-that's-it, I was glad to hear and participate in discussions with several classmates about work-life balance issues and the responsibilities of lawyers towards their communities.

The themes of social justice and the active participation of lawyers 10 pubhc

interest and pro bono \\ork Wl're also prominent throughout the \Hck's lunchcon spet.:ches. The I !on. 1\fichael Bryant even inmkcd an 1850 Abraham Lincoln lJUOtation during the I ~ \\\<:, luncheon to hammer home his point about the social responsibilities of lawyers.

Let no young man choosing the law for a calling for a moment yield to the popular helief - resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer. Choose some other occupation, rather than one in the choosing of which you do, in ad,·ance, consent to be a knave.

Beyond the luncheon speakers, it \>.':.IS just as tmpress1ve to hear about the ac· complishmcnts of the second and thirdyear students, many of whom had been imolved 10 clinics, student go,·crnment and pro bono work.

The week's good karma continued into our first classes as professors showed up as advertised: the very best m

L

INTELLECTUAL PROPERTY

Canada and in the ''or!d. The) wowed us \\~th thc1r anecdotes, humour and pedagogical prowess. ( Jddly enough, however, quite a few students experienced symptoms such as headaches and slight nausc.-a during \\cdne~day morning classes, allegedly due to :ldvcr e reactions to the black lights used at the co mic bowling C\ent the night before.

If my fellow first-years are all mortal like me (I still can't he sure of this) then they might still be a little fatigued from the e\ cnts of 0-wcek '07, and perhaps also from other thing~ like settling into a new city. But bursting through that tiredness are rays of hope and e.xcitc· ment for the future and a genuine senlie of collegiality with fellow students, faculty and staff. Thanks Lo everyone at the Faculty of Law for a great Onentation \Xce;k and for welcoming the 1Ls into thL community.

HEY FIRST YEARS! INTERESTED IN WRITING FOR

UV?

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ULTR \VIR!~~

0PINIO'-.~ \'-.D EDITORI \LS

26

Why you shouldn't live without intramural athletics

BY K \Til Cit

'""''I~

(3L)

You're in Third Year Law! . d r You want that extra professional servrces e ge.

Thinking of an LLM a~d/or MBA? .. ?

Interested in a one year LLM that wrll meet both ambittons.

You know that International education IS the route to rewarding careers In a global environment

1\nothcr school year has started, another ing that while pointy-toed pumps will Canada Law from Abroad go out of style, Copa Mundials arc clas · WNW.canadalawfromabroad.com season of tntramural athletics is upon us. sic, and will ahuys be wearable. on the ,\nd law students, for the lm·e of (rod, please stgn up for some sports. l·or many soccer pitch. ~ly roommate cautiously men and a small minority of women, l apn:cs but dcctdes against buying the need not preach this. For that core group cleats.

1 he. best thing about sports is that of athletic buffs, they arc there c\·cry e\·en if you don't have expensi,·e equipseason, rain or shine, hke raccoons in your garbage. This article is for the rest ment, you can still go out and have the of you who don't know the benefits of time of your life. Take a break from LL Commercial Law Program bdon.',ring to a sports ream, particularly srudying to go play a sport with peers. the high numbers of women who fall Over time you will forget what grades Add value to your LLB with an innovative one year full fledged LLM law school you got, but you'll ne,·cr forget your graduate study program that enables you to Incorporate two MBA related into this category.

Last year, men's soccer, football, bas- sports teams. Here are some reasons we subjects into these areas of specialization .

• Banking and Finance ketball and hockc) were all successful should all be part of an intramural ath • Insurance teams. !\fen's soccer won the universtn letic team at o ur school: • Financial Services 1. Stress- Busting. Intramurals arc the wide championship. \X omen's soccer, on • International Commercial Arbitration the other hand, had a dtsmal season. It's one type of club that have absolutely • European Community Law not that we're bad players. The problem nothmg to do with la\\ (except for the • International Trade is ,.,,.e don't have enough players. Add to fact that your teammates arc from the • Corporate Global Affairs Management that, the games are at 7:30 in the morn- same faculty). \\'he n you're stressed out • Intellectual Property & lnfamation Technology ing. 1\Iany of my female friends will get to the ma.'X w1th school, your fa\'ourite up at 7am to get dressed, style their hair, sport gi\'cs you the opportunity to go Value Adds over a North American LLM of MBA and put on makeup, but they won't get run around and blow off steam for an up at 7 am to pla~ soccer. hour each week.

• A European study and IMng experience with access to Edin burgh 2. Camaraderie. 1nuamurah are a • LLM courses combined with MBA courses to blend legal expertise Wlth Fema\e partiCipation in ath\etics is \ow business and professional services expertise. at the \aw schoo\. A chmce examp\e of great p\acc to meet people from the fac• A 12 month LLM program that provides for a 9 month residency period this wao;; the co-ed DL~ bascha\\ team u\ty, a p\ace where friendships arc huilt and a 3 month electronic dissertation research period back in Canada \ast year. We tried to pnde ourselves on and where upper years become mentors • A research project partnership with a Canadian law firm or corporation. good spmt and spvrtsman.~ l11p. '/'he and helpers w first y~o::1rs. Tho."' t e.un • You don't need to write the GMA T' problem was that spirit ofrc:n fell pn:trr mates become a support network for Meet the Dean of Law and Check It out! low when we couldn't muster up the req- you in school, alleviating the stress that Briefing Session Monday, September 1 i". 7:00- 9:00 PM uisite three female players for a game, school causes.

3. Physical Benefits. Athletics Marriott Courtyard Hotel despite tweh-e of the sc\'enteen staff Bay at Dundas (Adjacent to Eaton Centre) being female. Sportsmanship was known strengthens your heart and lungs, and Register by e-malllng: to fall whc.n, for example, Em 11orsc wards off diabetes, heart disease, johng@canadalawfromabroad.com (3L) - blt:ss her sweet heart - yelled at stroke, and osteoporosis. www.canadalawfromabroad.com the winning team that e\'cn though we'd ~B~nBuffinglf~uthink~u~ L--------~~~~~~~~~~~~~~~~-------~ lost, it didn't matter because we all haYc young and don't need to care about any leased, prompting nen·e cells to multiply, Alzheimer's and Parkinson's disease.

5. Feel-Goodness. "'\ot only docs exer170s on our I-S r\.T. It's sull to be detcr- of the php•ical ailments that exercise strengthen their connections, and procising make you smarter, it also makes tect them from harm. "'\ot only will exmint:d whether the Phys Ed team mem- wards off, chomp on this. Exercise helps bers know what an LSAT is or en;n care. your brain function at its optimum lc\'cl. ercise help your brain's performance in you feel better, and helps alb iatc pain It causes neurotrophic factors to be re- law school, it will also help ward off and depression. ~1y suggestions, movtng forward, arc to

UNIVERSITY OF

STIRLING

avoid such situations by increasing student participation, as well as recruiting coaches and promoting fanfare where possible.

In order to get my non-athletic friends to join a team, l try to compare athletics to fashton. A couple years ago my roommate took me to get my first pair of point' toed pumps, and got me to buy the. "me \\'est ones instead of the chc.apt:r brands because the '\;\\ ones have soft leather and feel like they're slippers on your feet, even at 2 Y4" up. I tell my roommate that buying soccer cleats is the same kind of idea. You want to in\ est tn a good pair, like Adidas Copa Mund1als, because they're made of kangaroo leather, and they feel like slippers on your feet. M} roommate seems to agree Wlth this doctrine until she realizes that Copa Munctial's cost $169, and that she'd have to give up a prur of one of her beloved 't\1\V shoes to buy them. I rationalize expensive soccer cleats by say-

Sports - Continued from page 23 ... there is also reason to rejoice as the start of a new i'o:FL season kicks off on September 6! That being said, it is impossible to ignore the black eye cast on the ~FL this summer by players' continuou~ brushes with the law: just ask Chris Henry, Tank Johnson, Pacmnn Jones, the entire Cincinnati Bcngals team, and now, ~Iichacl Vick. Vick, h:\\ Jng just signed a Sl30 million contract in 2005 with the Falcons, in addition to lucrative endorsement deals w1th ~ike and Coke, pleaded guilty to funding a dogfighting operation for the past six years, during which he allegedly brutally killed several dogs. Alas, Vick will no longer be scrambling in the pocket but rather in the prison shower. If only we could pass this case on to our colleagues at DI..S! The NBt\ season only starts up in November, but the league also spent the entire summer engaging in damage con-

trol. In June. "'\lH official Tim Don aghy confessed to having bet on games he officiated and to gi\ ing inside information to gamblers, some of which were belie\·eel to be im oh ed in oq.,-anizcd crime. lmmediatclr, both players and fans began to think back to games m which Donaghy had been mvolvcd (e.g. Raptors v. ~ets, game six) to sec if there was any misconduct. The Donaghy stof') overshadowed the blockbuster trade of Kevin Garnett to the Cdtics in return for basically the entire Celtic team minus Paul Pierce and Ray Allen. Finally, the FIBt\ tournament brought together countries for Olympic qualifying, and my only question is if Lebron and Kobe can come out to play, where are StcYc Nash and Jamal Magloire?

The US Open is in full swing as school begins, and the big question is who else besides Roger Federer (the

most dominant ath lete in professional sports) and Rafael Nadal plars on the men's tour. The women's tour on the other hand has a collection of talented players, each of whom actually has a chance to win.

Finally, as the MLS season dra\\·s to a close one wonders whether the Oa\ td Beckham cxpenment was a complete fmlurc. Despite being hurt and unahlc to play in several games (Including the game in Toronto), Beckham did draw much-needed attention to the sport in I· .North America, though one wonders whether those signing his parchcque arc satisfied with the }...,\ Galaxies' pathetic rccord ... Toronto FC definitely made a splash in the cit) this summer, drawmg tremendous support from the fans. .Now the only thing to do is to get players who spend less time CAT-scanning and more time running.

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Your continuous professional development-the key to success.

BY KAREN KUZMOWICH

McM1IIan Bnch Mendelsohn takes a progressive and proactive approach to recruiting, developing. tralmng, and managing the performance of our students and associates, right through to partnership admission - after all, our students are our future associates and partners. When we lnv1te you to join our team. we don't just focus on the immediate future: we look ahead to your entire career with us. We make a significant Investment In helping you achieve your potential at every stage - as a student, associate, and partner.

CM firm provides the ideal env1101ment to help you buij :,as future. We offf:r llliqJe potesslonal development and training programs, a colleg1al and support1ve atmosphere. a-1 ilclJsive attitude towcrds students associates. and a creative approach to practice.

We deliver our formal training with a building-block approach, with a structured curriculum beg1nning when

m

you join us as a student and cont1nuing through your years as a Junior associate, senior associate and then a partner. OJr trainmg progr<¥TIS CCNer everything from technical skills to pract1ce management, language Iessons. presentation skills and businessdevelopment.

' Students and associates can only achieve professional excellence when they are provided with leadership , guidance an d meaningful opportunities for learning and practice development.

Some programs are delivered across the finn and focus on general lawyering skills, while others are tailored to particular practice areas or levels of practice. In addition to il-house training, you will also have access to

~

external continuing education programs and courses.

We also design specific training plans in response to individual needs.

We also believe that students and associates can only achieve professional excellence when they are provided with leadership, guidance and meaningful opportunities for learning and practice development.

While you will undoubtedly receive valuable informal gUidance from your supervising lawyers. we ensure that all our professionals have consistent access to meaningful career development advice through our formal Mentoring Program.

We recognize that our long-term success requires more than simply finding the right people - we also need to invest in their futures and are committed to ensuring that our lawyers continue to grow and develop in a support1ve and engaging working environment.

Karm Kuzmowirh ;, th~ AHiJiant Dirutor of Studmt anJ Assorialt Program at .\1rMillan Binrh Mtndtlsohn I.l.P.

•

mov1ng

Canada's first marble Hindu temple lh' CATHI I h. O'SliiJ\'AN (~1.)

While the "di\'Crsity issue'' can be counted on to raise its ugly head now and then at the Faculty, there is no denying the dh ersuy of the city in which we arc situated. For newcomers and native Torontonians alike, there is almo t always something new to discover. E,·cn out on the edges of civilization, you can find experiences and cultural signposts that inthcate \\ e may, in fact, be the most multicultural city in the world.

RcmOH' your shoes, CO\'Cr your shouldcrs and knct·s. and kindly dispose of your chewtng gum. The c arc rules\\ hen entering ~hri ~w.umnarayan ;\landu, Canada's first marble lltndu tcmple, now open for \\nrship in 'limmto.

At 61 Clainille Dri\'c, ncar llighway 427 and !·inch A' cnue, the mandtr is an architectural wondt•r - not 10 mention a tark ~ontrast to the mdustrial landscape of the ctt) 's north cnd. The massi' e exterior is composed cnurely of I tal ian mar

blc and Turkish limestone; the interior is decorated with pink ::.andstone. E\crything is detailed and delicate, embellished with can·cd figures - lotus flowers and vines, peacocks and elephants- all representing llindu virtues.

Remarkably, not a single nail or piece of steel was used in the construction.

The mandir was erected in the ancient Vedic tradition, a process endorsed by sa~ crcd lndtan tc.xts, where individual pieces arc car\'ed and later asscmhlcd like a jigsaw puzzle. Roughly 24,00!1 interlocking picct·:; were sculpted hy artisans tn se,·cral villages in India. The completed pieces were shipped to Canada, where they were assembled hy 400 \ olun tecrs, I 00 of \\hom were transplanted from India .tnd lived next to the projcct, hut sensibly returned home during the Canadian winter.

It is clear that the nmndir was a labour of lme for the llindu community.

CONTINUEDON PAGE 33

Culture on

Ready for a firm commitment?

Cultivating excellence For over 100 years, McMillan Binch Mendelsohn LLP has had an international reputation for exceeding expectations. We actively enable our students to become our future associates and partners in a supportive environment built on respect. If you share our commitment to these values, please contact us at www.mcmbm.com.

Toronto

Montreal

Karen Kuzmowich 416.865.7877

Andree Mantha 514.987.5024

karen.kuzmowich@mcmbm .com

andree.mantha@mcmbm.com

TillS .Mo.:--:TII: BL'S'J'ING TI JOSE Kr-.l ·hS \'\' hilc the idea of balancing law school with outside interests may seem primarily a .concern for bright -eyed and hushytaded first-years, there arc probably a few e~pencnccd upper years who might ben-

eht from a reminder that our quaint town docs offer a variety of activities to clear a studc.nt's ht:ad of foreseeabtlity, meetings of mtnds and perfection. Kien La, a wise third -year if ever there was one, confirmed that class does not need to be aU encompassing.

•.. :'It's all about balance," Kien began, tt s not healthy to be studying 24/7 and you need to have interests and stuff outside of school."

Autumn, in particular, offers a veritable cornucopia of physically challenging events that can be taken at your own pace or used to challenge your peers. First up,

in a series of paYcmcnt pounding pleas ures, IS the Terry l·ox Run. ) ·or the hen cfit of those C:tnadians who ha\'l' been hiding in an igloo all their II\ cs, or ~my exchange student who may have wisely chosen to read UV instead of trying to keep pace with Duf( Terry Fox st.lrted a crosscountry run in I <J80 to raise money for cancer research by throwing down a marathon·a·day with one prosthetic leg!

Unfortunately, his inspirational endeavour came to an early halt after 143 days and 5,373 km when lumps of bone cancer were discovered in his lungs.

You can do your part to honour the memory and goals of the Second Greatest Canadian and help in supporting cancer research by "onl}" running I 0 krn on race-day, which ts September 16, 2007.

Toronto boasts at k.tst thirteen different course locations, including one on campus. The Terry Fox Run's uncompctitive nature and humanitarian objecth·cs (the run does not have a sponsor as Terry himself refused sponsorship in case it detracted from his cause) is probably the perfect opportunity for future Bay Streeters to get in the practice of clearing their consciences before they completely sell out.

More committed runners might usc the Terry Fox Run as a warm-up for the two main events of 'JCm>nto's...

CONTINUED ON PAGE 34

•

ICe

BY SA~ I< liU> Rtu ' (21.)

Years ha,·c past since the steel skeleton of starchitect Daniel Libcskind's :\lichacl Lee-Chin Crystal first thrust itself out of the Royal Ontario ,\fuseum's Bloor Street fa~ade. \Vith its recent complc twn, 'Iimmtonians c.tn finally engage in an informed debate on the merits of the drastic translc>r· mation of one of our city:~ most pres · tigious and wcll·known cultural institutions.

The Crystal's seemingly frahrile fi>rm has endured a f>e,-yof criudsrns. \lost prominently, the buildmg has been as· sessed as a direct product of I.Jbetormented personal skind's philosophy, the man's ego physically constructed, rather than a well-con id · crcd, socially-scnsiti\·e addition to a public facility. The materials used in the fin:tl design have been berated as cheap, removing a degree of ele1,>ance from the original, more impressi\·e allglass design. The building has also been dccriecl for lackmg innCJ\':ttion, as a l..ibcskind ,\rt .\fu cum similar to the crystal already sumds m Dem er, Colorado, aml another, similar plan was rejected by London's VIctoria and J\1 -

bert ~luscwn. Informed h) a// ot' the c nitpicky cruicisms, Wl' must :tsk if 'Ji.Jrontoni;tns ha\ c raised their hopes too high; wtshing the I{( >~f addnion to be a "sih er huller" in the Cit) 's htd to impro,·c its rcput.IIIOll as n locu df ''world·cla~s" cultur.tl acthlt). \\' hether one lo\'cS it or hates It, any 1cmmtonian would be hard pressed to claim that the Crystal fails w tand out and prm oke r~1ctions. Located at one of the city's busiest intersections, it is prominent, permanent, and \\ c \\ill fed it~ presence for a long ume to come. Through our interactions \\1th this public edifice, be they unpleasant or joyous, we may a! o he challenged

r~ ''Tilh CRYSTAL BRINb A Nh\X hNhR<;Y i\N D A (.(), G <>VERDUh DOSh < F

ARCIIITH.:TURAL D \Rll':G T<> WI! AT IS THE\\ <>RLD's 1\10 1' E CITY." to think critically about the conqructed en\'ironmcnt of our dty: the \\'ll)' \\'C want experience it, and the symbolism inherent in our architecture as a tangible representation of our burgeoning. umqucly Canadian civilization.

CONTINUED ON PAGE 30

ULTR.'\ VIRES

30 of Libc~kmd, a Polish-American jC\\~ designing a building named for LeeChin, an 1\fro/Chincsc Jamaican-Can:ldian philanthropist, smashing out 1n a new direction from a pavilion named for the family \X'eston, Irish-Canadian establishmentarians, should not go unnoticed. The RO:\f's new form will foreycr represent the city's cultural shift, a whole-hearted embracing of the new Canada, unafraid of facing the multiplicities and contrast that will shape its future identit)·.

The Crystal brings a new energy and a long oYcrdue dose of architectural daring to what IS the world's most cul-

Culture - continued from pagt• 29

\\ inston Churchill one said famouslr that "we shape our buildings and after wards, our buildings shape us." This sentiment inspires one to question whether It was Canadians' (and Torontunians', in p:micular) long-fostered notion of thcmscln:s as a reserved, complacent, and overlr-pra1-,rmatic people, or the uninspired, dreary buildings that line thc streets of the city's downtown a,·enues that camc first. f lowever, in recent decades Toronto and Canada ha,·e undeniablychangcd, and will continue to change drastically as time progresses. The culture we now inhabit is one of multiplicities and difference; where conflicting and contrasting ideas, CRYSTAL values, and attitudes are accepted, deTO CONTINUE TO THINK bated, and even given a place of honour at the table. In accordance with this soOUTSIDE OF TIJE BOXES \'V'E oal change, the physical landscape must MIGHT BE to undergo a similar transformation.

PRb-CONDITIONED THINK I Thus the ROM might be 'iev.:ed as a AND TORE-IMAGINE THE valuable addition to this cit), not as aremarkable leap in architectural innovaCOLLECTIVE IDENTITY OF tion, but as a bold sculptural element, THIS CITY A~D ITS SHARED glittering in the middle of the cit)'s INSTITCTIONS." functional, often dreary, core. Much like the bmlding shatters the boxy brutalism of Bloor Street, standing in striking contrast to the more established and traditional sryles of the surrounding rurally diverse city. It compels us as resbuildings, the Crystal reminds us to con- idents of that city to take our tinue to think outside of the boxes we contribution to civilization seriously. lf might be pre-conditioned think in and one chooses to read Jt as a \ital repreto rc-imagine the collccti,·c identity of sentation of what Toronto has to con tribute in a global context, it might this city and its shared institutions. become a source of national and re1\t the beginning of 21st century, Toronto is a cit)· that is fragmented and gional pnde. If our buildings do indeed somewhat rough around the edges, both shape us, the Crystal might come to rearchitecturally and socially. Tt is a city inforce our notable collective ability as where cultures, both new to, and long Canadians to either embrace change and established in this country collide mil- difference with enthusiasm, or to at least lions of times a day, creating both con- to accept them with a peaceful tolerflict and collaborations of brilliance. ance. These are defining qualities that \X'ith its multitude of ethnic, linguistic, we can only hope will continue to shape religious and ideological subcultures and us as a people. These are defining qualits northern climate, the cit)• is a pan- ities that we can proudly hold up as exdemos cocktail, on ice. The fittingness emplary for a rapidly globalizing world.

r:;HE

"No~

REMI~DS ~

u over~ ~yotv~ wtr

ofJYW PMfk ttroUH.tiyotv.

~ st:udeHJ:

Dweio~ Commitf:ee, ftafft MfOcia.te.f,

felf.ior partnPf- weryo~

u reAiiy fu.ppcrtive."

- NADIA}ANTJAU, AJIOCIATE

Make your mark.

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DIVI .RSIO~~

31

In falltime, television is the delight of everyone

Sure they have the Michael Lee-Chin Crystal, but we have the ... uh ... urn ...

The torts they don't teach A colum11 dedicated to obscure and hilariorts torts B'r Z\·I H \LPI Torts and crimes were not so well distingUJshcd in centuries past, and the best obscure tort/ crime with which to begin such a column is called "Being a Common Scold." A common scold, or a comrmmis rixatrix in legal Latin, is a woman who goes around scolding people. The Latin term has no male equivalent, and it was generally assumed that only women could be common scolds

R:'\

common scold: "It is laid d own in the books that the evidence by which the fact is to be established, shall not be of particular acts, but of common fame.

The defendant is thus left to the mercy of the witnesses, the o pinion they rna) entertain and express through the poisoned medium of prejudice, perso nal malice, as is believed to be generally the case."

Being a common scold even had its O\Vn particular punishment: the ducking stool. (Blackstone comments that it was once called the "cucking stool" (JV: 13:5:8), as "cucking" apparently meaning "scoldinj!" 1n Saxon). The duckjng :;tool \.Va.s a <.·han <.:nguH: that

"Now Ernie, have you finished summarizing Cook v. Lewis yet?"

(though Carol \X'iener, in "Sex Roles and Crime in Late Eli7.abethan Hcrtfordshire" claims to have found two cases of male scolds from the 1580s see her footnote 64 for details). The gendered nature of this tort contributed to the New Jersey Superior Court's conclusion, In Tbe State t~ Paladermo (1972), that the tort was unconstitutional.

Another consideration in that case was that the tort was unconstitutionall) vague. 1\obody ever seems to have attempted to define what It means to scold, or how commonly it must be done. In TbeQttml against Foxi?J (6 Mod. 213) (1704), it 1s ruled per curiam that "scolding once or twice is no great matter; for scolding alone is not the offence, but Jt is the frequent repetition of Jt to the disturbance of the neighbourhood which makes it a nuisance". In Do11mllts Rex vers. Margaret Cooper ((1795) 2 Str 1246) the tort IS further clouded b) a question of degree: "every degree of scolding is not indictable." In Co!!l!IIOn/l'ealtb t: Samantbia Hutcbin.ro11 (18531,Jus· tic<. Galbraith makes the case strong!~ for the unjust ugueness of being a

could be dunked (ducked?) into a body of water. The common scold was sentenced to a number of dunks, "in order to cool he~ immoderate heat" (Francois Maxmillian Misson). Whether this punishment worked was questioned long ago, Chief Justice I Jolt arguing in ro_....-I!Y that "ducking would rather harden than cure her; and if she were once ducked,

"A C0~1MOr-.

SCOLD, OR A

COMMl1\H' RIXATRIX IN LEGAL l..ATII\., IS \ \X'O~L\~

\X'HO GOES AROL ~D

~ SCOLDING PEOPLE." ~

she would scold on all the days of her life." In the US, ducking sparked outrage as to whether it was a cruel and unusual punishment (see, for example, james 1~ Tbe Commomnaltb (1825), and Common Scold. Ducking Stool, I {ar\'ar~ Law Review, \'ol. 5, ~o. 2. (May 15, 1891), p. 91).

Being a common scold was formallv repealed as a crime in England by th~ Criminal Law 1\ct 1967 s. 13(1)(a), and Paladermo appears to haYL been the final case of it in the United States.

September is upon us and you're thinkin0. wnen dot;, '·Heroes" prem1ere? Tf you're actually thmking. "how was the necessarily-incidental test used in Local Prohibition,'' you're thinking the wrong things.

We ha\ c, ltke, 10 hour~ of class a week. Plenty of time for television.

Let's fill those hours up. Oh, and I'd mention Can-con, but you won't watch it anyway Sunday - At 8 pm, Fox has "The Simp~ons" then ''1--..mg of the Hill," to

to the '\erd llerd, bitch" to be uttered nacccptable: "Pnson in tht: p1lot.

Break," which dietl a year and a half ago. Also, God-help me if you watchthis piece-of-crap "Dancing with the Stars" on \BC. 9 pm "l !erocs" airs on NBC. Could be okay: "K-Yille" on Pox, (11 procedural but set m post Katrina New Orleans.)

Unacceptable: ''Two and a llalf .\len" a.k.a. t\vent)·-one-and ·a half minutes wasted (not countmg commercials).

At 10 pm, ""JBC has time-traveling "Journeyman," which tested well, but'll

'"..·hole shows-about-a-boy-whosechildren get raped (who has?), CBS ha~ parents-nave-llterall) -sold tiJs-soul...., -t_o _......:.:"Griminal ~lind ·" the De' il thing. l•ox has "I louse,"\\ ho 10 pm, ABC The most t:xciting nt•w n fuses to learn h 1s new Interns' names. sho\\: "Dirty Sex~ Money". Peter Krause I le's so badass. ,\laybe for sweeps he (".ports Ntght,"" ix Feet Under") pia) s an attorney who inherits his father's praccan neglect to give his mailman a Chri tmas_c:ml. • BC and HC's pro- ticc: la\\yer to an out-of-control insanely grammes arc unspcak.ihle (Pine, here's a nch f:urulr. CB' has "CSI: • 'Y." 1bmk hint rhn suck). CBS has "1 he Unit."

"CSI~ .i\liami," without Da\ id Caruso, vet somehow worse. Jt's a ktnd of nuraclc.

It's ( B , and it'· a procedural. Basically

":NCIS," but at 9.

10 pm, NBC has "Law & Order: SVU" if you haven't seen enough children get raped. ABC has "Boston

gether making one watc.hable show, while ABC h.1s '"Lxtrem Makeo\'er: I lome Editi•>n," a -;bow so relentlessly upliftmg I refuse to ghe It flight clearance. 1\fost preposterous of all, CBS airs "VlVa Laughlm," a musical about a casmo owner C'BS would prefer "a drama with musk .. inst< ad of a "musical." Right, lwcaust if we start calling it a "drama with music," the show will stOp blowtng chunks.

9 pm, Fm s carroon-block continues with ''Faml) G ;v" and "American Dad." 'fhe ir'-~·easJqgh creaky "Desperate llousewin:s" returns to \BC with thc-w.m hope Teri f !archer w1ll tnp over something ne\\. CBS has "Cold Case" for the sadistic sun in1rs of "Viva I .aughlin," whtle C\\' recruits for t\1Qaed.a with a

"America'~'

"'exr Top

:.\todel" rc-a1rin'S. Finally, at 10 pm, \BC airs the best show of the night, ''Brothus & Sisters," (neck and neck with "\'1\ .1 Laughlin") which nicely baltnc<: familv drama with light corned). ( BS has "Shark," which is "House," but with washed-up James Woods, and about lawyers instead of doctors, which dcsP,m.: what our parents tell us, is not just as good. At least no one ~tngs.

Monday- 8 pm, lr's between CBS's "I low I ~let Your Mother" (really only for .Neil Patrick llarris) and NBG's hght-hcarted "Chuck," about a guy work1ng at "The Nerd J Ierd" who gets government secrets down!< >aded to his brain. It's from the boy who created ''The OC," so expect the line "Welcome

•

Thursday: Bigge ·t ni •ht on television.

The r-.BC "\h arne is Earl," "30 Rock," "ThC;; Office," "Scrubs" comedy block rLturns. Quallt) \\ise, proHably the best BC block C\Cr, although it Jacks a rent pole. (l·ollowcd by LR, wliich de ~crves a D:t\.R) Dresses, scrubs... and CEOs? on \BC. "Ugly Betty," which l find inconsistent, followed b} "Grey's Anat< my" at 9 (a.k.a "can Shonda Rimes extricate herself from the steaming ptle of horse dung that was that last season?''). Incompre hensibl}, ,\BC follows these femalefriendly shows with "B1g Shots," a show about four CEOs that's trymg to e the male "Sex and the Cit\·." T\vo things.

One, there already is a male "Sat( ;" it's called "Entourage." 1\vo, It sucks.

Starvation, death, and kidnapping on CBS. t\t 8, It's "Sur'\"ivor: China:• at 9 ''C~ l", and "\l('ithout ;I Trace" rctur11s at 10.

get crushed b) "CSI: Miami," which you should be too ashamed to admit watching.

Why? Watch this: http:/ /www.youtube.com/watch?v=_s arYHOz948 and we'll talk. No, really, watch 1t. I'll wait ...... See? Also unacceptable: ABC's "The Bachelor."

Tuesday- 8 pm, ''Bones" (Fox), or "NCIS" (CBS). I've seen neither. Just don't prck the Geicko-commcrcialinspired "CaYemen" (ABC), "The Biggest Loser" ~BC), or "Beauty and the why-can't-peoplc-just-rewatchSupcrhad?" (C\'\1).

9 pm, There's "Reaper" (CW) which has some good buzz if you're into the

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Legal" if you haven't seen enough Shat ncr getting laid. CBS has "Cane," star ring Jimmy Smits, desperately trying to be The Latino Godfather.

Wednesday - 8 pm, ABC has "Pushing Daisies" - a mortician, who Wlth one touch hnngs people hack from the dead but with his second kills them, meets his true love, but obviOusly can't ... you know. Fox has "Back to You" whicn is a multi-camera sitcom, but appears to be funny. \'\'c1rd. It stars Kelsey Grammer and that chick from "Fven bod\ Lmes Raymond." (~o, 1 don't know her name. And, no, I'm not looking it up.) Depending on legal woes, CBS has "Kid Nation," a realit)·· television version of Lord of the Flies.

Unacceptable: "America's Next Top Model" on the CW and "Deal or No Deal" on r-.BC. 9 pm, There's the revamped "Bionic \Xoman" on '\JBC, which you Batclestar 'irgms will watch. There's the pleaseGod -lc t-it- be- better-than- th ccraptastic-pilot-we· saw ·on-"Grey's-Ana tomy"-last-spring "Pmatc Practice" on ABC. And there's "Gossip Girl" on the C\\' (I hear decent things, although it's by the ubiquitous Josh Schwartz: "\X'dcome to the Cpper East Side, bitch''?).

And if you still haven't seen enough

The C\X goes with "Smallville" then "Supernatural," and I·ox airs shows that arc truly unmentionable. for rcals.

Friday - Let me just say th1s: watch, tape, Tim, DVR, I don't care, ~BC's bnlhant "Fnda} 1\ight Lights" wHich airs at 9. lf you hke football: it's abou t a Te..xas high-school football team - just like watching football (only better). Tmst me.

If )OU don't~ it has almost nothing to do with fi>utball. And thl· !,'U)'S arc hot. Trust me.

There: I've told )OU what to watch and more imp<)rtantly what to think- so you don't ha\c to. You don't want to tlunk for yourscl( It's exhausting. '\o, no, don't ...

Diversions

32

Hadiya' s top ten

By H,\DJ\1\ Rom

RIQll

{3L)

<)h, the return of the school ) ear. The 4. The influx of cash into your Scolirst years are o;citcd and full of prom- tiabank account. Buy jean~ no\\; think 1sc, to be later dashed b) their first se- abou t debt later. mester grade rt'port of straight Bs. 'J'hc 5. hcc newspapers. The only thing 1 econd )Cars arc all hopped up on< >Cis like about the l'\auonal Post 1s its crossand "findrng the almight} job,'' not real- word. ft's a good one, apparently ba~cd izing that we all do (and the people who on 'thin,1.,rs Canadian,' and always fearurfind them later seem happier in the mg some unknown Canadian actor on a cnd ... funny... does Jt han: anything w do barely watched show. I also enjoy the with figuring out what they actually Star crossword, and am discovering '"11nt?). The third years are stiJJ on \·aca- cr)pcic crossword~. Screw you Sudokul tion. showing up in the second or third 6. The couches in the Rowell Room. week of school, doing the cros~word J'ye had some of my best naps there. during cJa,s, or off in some t(>rei,gn Jo- 1\dmin, is there any way we can im·cst in cale (Amsterdam or Hong Kong any- footstools? Or perhaps pillows?

7 Seung friends I haYen't seen all 0 ne :>\ · )· So, in celebration of the t':tct that summer again. I IJke you guys. 1 really we're all back in the \Valls of do. l'.c\\ Yorkers, wdcomc back. Can I Fl.l\'ellc/.Fakoner (is it terrible th:1t l still have some of your piles of money? Carcouldn't tell you which one FA stands ing h sharing. for?), 1, Hadiya Rodcr~que (note legal 8. If you're in third year, it means the name change), bring you a brand spank- "end is nigh." Remember how fast the ing new 'hack to school' top ten. Wcml. ~chool year goes? Can you even bclicYc 'Ihp Ten Reasons that Going B:tck to you're in third year? I sure can't. But I School is Okay and Should i-Jot Induce did sec a Dcl..orean yesterday, so I guess JTeart-PoWlding Panic, In ~o Particular anything is possible, c,·en my impending Order: adulthood.

1. 'Ibe start of school means it is f.'lll.

9. The ability to read :tnd write for Fall is the best season of the year. The UV. ~ot-~o-subtlc plug. But it's been coolness of spring without all that an- fun, and I \\~II miss the leisure of writing no)ing, earth quenching rain. 'I be ability whate\ cr I want without censorship for to v;car pant<> anu layers, and cute jackets 600 people who get my jokes. I highly ins tead of untl:menng bulky ones recommend it, it is extremely therapeu(ladies, 1 kncm· you undcrswnd). Lea\ es tic. Perhaps I \\'ill have to start :l hlog. and l lallowecn and app;opriatcly drink- But 1'11 tell you one thing. if those ing hot be\eragcs. !lot apple cider just chicken didn't go with summer. aml. I'll 2. Back to school shopping. l know ne\Cr l'm no longer 6 years old, but l sull get lawsuit a secret thrill out of buying back to Dean Moran school ;;upphes. ( )ooh, purple pens!!

3. Going to fall concerts with )Our friends. 1 don't know about )OU, hut again. l'm dead ~crious.

10. llmm, I'm running out of things. concerts arc sooo much better in the fall or \\.hen It's cold out, because then you ~laybe summer wasn't all that bad ... welcome the hot and sweaty environEdilor.r · ~'olr: 'f'bm black line.r Jl'ere apain ment. First on my list i~ Bloc Party on September 28th. Be nice to me and pcr- in !be • • • • • • lo imnt.' h:tps I'll take you.

I

Temple - continued from page 29 In fact, the local community footed the bill for most of the temple, a cost estimated at $40 million. Though not a single public dollar was contributed towards its cost, all levels of government were enthusiastic about its opening: Prime :\Iimstcr Stephen llarper, Ontario Premier Dalton McGumty and Toronto .\fayor Da,.id Miller participated in the July 22nd offic1al opening. ('\ot to be outdone, Pedcral Opposition Leader Stephane Dion was also in attendance). \X'htle naturally a place of worship, the mandir is also an educational cnterpnse.

Beneath the mandir is the Indo-Canadian Museum of Cultural Heritage. The museum is a speofically Canadian addi-

tion to the othem·isc traditional structure: it is both a nod to the multiculturali:.m of Canada and a potential tourist attraction. The museum is open yearroun& ,\ tour of the mandir is also instructi-ve. Tours can be arranged in ad\·ancc, or- as 1 did- visitors can tag along with those who had the foresight to call ahead.

The mandir feels worlds away from the Faculty of Law and its newly futur~ istic next-door neighbour. It is worth the trek to north Toronto for the cxpe ricncc (b} TIC: nearest station is hnch, take f~nch 36B West). A word of caution, however: dress modestly, take pho tographs sparingly, and behave deferentially. The mandir is a place of worship, so save the histrionics for Trial Ad.

ULTR.\ VIRLS

Un petit appetit: the best to ingest edition

BY CY>.;TIII \ ). \:\(; (31.) \'..;() \\

I ~veryone knows that the best burritos arc to be had at Burrito Boyz, the

\Y:-..'11

C!I,\:>;G (3L)

Claim: The best French toast Claimant: Buder's Pantry

best cream puffs are to be found at Butler's Pantry, located at 591 Beard Papa's (in Vancouver), and the Markham St. (right by Honest Ed's), is best basket of fries exist at Paupers. known to a select few to offer the best UV's resident food review crew wanted French toast. The food review team to sec if there were any other "bests" went into this review with quite a bit of out there, especially those in and around skepticism because the claim to fame our lo\el}' campus. With the guidance was mcrcdibl) lofty-not only did Butof some wonderful friends, we decided ler's Pantr) han: the best French toast in to test some other "bests" around the Toronto, but the best French roast anycity. where. Howe\·er, the rumors were well grounded 1n the online food community Claim: The best fish and chips of chowhoWld.com where food junkies Claimant: Chippy's Fish & Chips unabashed!} and unanimously praised Smack in the middle of the Annex, this bastion of culinary euphoria. (hippy's Fish and Chips (at 490 Bloor To cut quickly to the point, Butler's St.) scnes up no-frills fish and chips Pantry did not disappoint. To begin, the with a great sign out front that read "\X'e bread used at Butler's Pantry is a pillowy found emo (he was delicious)." The Prcnch bread, with just the right proporfish cho1ces mclude haddock, cod, hal- tion of batter absorbed. Cooked to ibut, scallops, prawns, seafood cakes, golden perfection, it is topped off with and salmon, with the prices ranging a healthy amount of fresh strawberries, from S7.49 to S10.99. melon cubes, kiwi, orange, and real The sen 1ce was quick and pleasant, maple syrup. Last but not least, there's and the fish was fried flawlessly. Tender a bJt of whipped cream off the side that on the inside, with the perfect amount con tams a hint of coffee. It was a truly of batter (as compared to man} other magical experience that IS not likely to places where the batter overwhelms the be forgotten any time soon. Priced at fish), and not too greasy. In addition, S6. 98, it's a steal. the. chips were generous in quantit).

Butler's Pantr\' a lso has a f':ltl<> nut front that allow~ you to drink in the I lowl\er, neither of us could comfort abh· claim that this was the best wc'Yc quaintness of i\lin·ish Village, but msidc hati. \\'hile the fish was exceptional, the the establishment is equally enjoyable. In fnes left more to be desired-one re~ particular, they dish out a great n of \·iewcr thought they were too starchy music including Iron & WinL, S ms, and only "so so." ;\leanwhlie, the other SihT\.Jr Ros, Sm10n & Garfunkcl, I '1l: L :') reviewer was a little irked to find out that Corporation, and the Doors among othtartar sauce was an extra ~0.71-he ers.

Verdict: The French toast was gloriasked, with much consternation and to no a\'.lil, "~houldn't they just include it?' ous, and it exceeded by far the h) pc that Verdict: '\ot the best, but an excel- \\as occasioned on it. Is it the be-.t lent tish and ch1ps joint, especially if you French toast? \Vithout a doubt in our want a spanking of malt vinegar and you minds- we would stake our entire food want it t1uick. reviC\\ reputations on it.

CONTINUED ON PAGE 33

SI

PTE:\IBI .R

11 2007

Di\crsions

Ingest Edition - continued from page .12

Claim: The best veal sandwich Claimant: California Sandwiches \\'ell knO\\ n in its commumty tor delivering consistently cxcclknt sandwiches since 1967, Cali forma Sandwiches lavs claim to what many consider to be the best \·cal sandwich this side of the \tlantic. \\7 c decided to head on ovLr to 244 Claremont St. (nL 1r Grace and Dun das) to see 1f th1s $6. 9:> (t1x indudedl1 \ eal sandwich liYcd up to us word of mouth ad\·crtising.

Watching the cooks stack the sandwiches right before us, we stared in awe of the enormity of the sandwich. The two lightly battered and fried pieces of veal with m ·erflowing marinara sauce could barely be contained by a very substantial bun. Cpon devouring the sandwich, we had no difficulty in fi!-,•t..ring out what all the fuss was about: It was the supple bread, the tender and flavourful \cal, and a marinara sauce that, as onereviewer sa1d With mouthfuls of ,-cal, "docs its job impeccably." The sandwich is served mild, medium or hot, but the hot should onl) to be approached by the most tenacious, tongue scared jalapenos caters.

Dc:.pitc being the best veal sandwich we've tasted in a long unu., rt was not the best we've ever had. Something was missing-one reviewer would've Irked some mozzarella, while the other thought of a veal sandwich at St. f.awrcncc 1\.far

1-:et that may ha\C been better.

Verdict: !\ot a clear winner for the title of "best \·cal sandwich," but it's definitely worth a try.

Lance has a TIFF B\

Rt•gardless of what .\fuchmusic cla1ms about the .\1~\~Vt\s, the Toronto International Film Fcstiul (rii•I\ ior Carpal Tunnel':. sake) is Toronto\ largest entertainment-related c\·cnt. llowncr, wi1h over 350 tilms availabk for\ iewing, it is guite simply impossibll' to attempt to wntc anything that is remotcl) comprehensiYe. ( )h, also, hy the time l'V is printed and distributed, the festival w1ll be half over, so a pre\ it•w is out of the question.

r"Yot: CM>

INDISCRI.\11-1

~t\TELY STlJ~tBI.E !~TO

NU"IBER OF .\1 ,\STERPII~CES, AND, LIKE\X'ISE PLECES 01·

CRAP."

\ctually, in theory, it is poss1blc for me to take in some films and point excitedly in their direction. But I \\on't do that. It's not that I don't like film, because I do, or won·t end up seeing 11ny of the fine work at 'J'Il'F, because I will.

Rather, I think that part of Tl FF's appeal 1s that you can indiscriminately stumble into a number of masterpieces, and, likewise, pic:ct•s of crap.

It rernrnds me of a hlindt(>ldcd t.tstc test, which, ii }OU don't know, can he a terribly frightening ordeal. In grade seven, our teacher decided as part of

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If only the SLS pancakes looked this appetizing...

A

I..ANll PATI IN

(31 )

our "science" course to administer his version of a bhnd ta tc test. The first pile of white stuff was salt.• 'ot terribly exciting, hut nonetheless, not frighten ing in anyway. 'Jbc second p1lc was co· comrt - a substance that I \\as not allergic to (at the time). 'Jbe third (and most manipulaU\ e) pile of white powder \\as icing sugar. The final pile of white stuff was laundr} detergt•nt. 1 do N< )'!'recommend tasting laundry deter gent.

E\'cn if I were to formulate a list of '1'11•1' mm·•es that I'm interested 111 seeing, there is absolutely no good n..-ason for you to adopt my mterl'St in any of the tilms listed. llowevcr, I think it would bL worth seeing Juno by Thank You For Smoking's Jason Reitman, which stars Ellen Page nnd i\lich:tcl Cera as unexpected teenage parents and also features Jennifer Garner and Jason Bateman as the possible adoptct•s of the high schooler sp:twn. While this summer's supcrbad Superhad certainly boosted my opinion of ~lichacl Cera's comic abilities, a mini-J\rrcsted Dew! opment reunion IS what drew me most strongly to Juno. The Bluths earned a degree of entertainment latitude from me via their too-short stint on Fox. \\fbcther or not Juno turns out to ta~tc lrkc laundry dctcrgcrn woulcl ccrt.linll• afti.:ct m,\ willmgnc:ss w p.1rt witl! dollar~ to sec any future on-screen reunion:-, although I am not entirely com-meed that it should. ~lost of all, I'm absolutely positive that whatever I think (or whatcYer anyone thinks) about Juno should be bliss-

direction \\ere too much for the stars to overcome." .\lo t revtL•ws contain a small amount of information - mo t hkcly nil the m formauon that could be gleaned from watching the film's tr.ulcr (more on that in a bit). Revie\\ have to be rcstnCtl\e in this way, because the Ia t thing a ftlm critic wants to do is ruin the mO\'JC. That would be like me telling )OU the titular character in Juno has S}phihs. A rcvtew cannot spell out the plot t'" ist the

"IT RhMl~Ds ~lh <H· A BU~DFOI.DE.D

T

\STI~

TEST,

WI IICII, IF YOU D<>~'T K~<W<, C.t\~

BE 1\ TERRIBLY

~RIGIITEi':l~G <lRDhAL"

best laughs, the moments from the mm ic that you'll hkcly remember 1f }OU do sec and enjoy the film. Instead, the critic has to gain your trust - .. Oh, he liked Drcamgirls as much as I did!" which is a magnificently ridiculous idea. r\ critic isn't your buddy. There's no \'Crbal exchange. He has no particular rcason to td\ you the truth - his rca\ interest hcs in aprc:cing with as much '>f the public he can without pis~ing otT the: dissidents. J\s much as one would hope that critic.s answer to an artistic standard, they really answer only to the majority rule. If a critic IS effusi\ ely complimentary of a mm·ie like \\ ild I logs, he'll probably lose your respect (unless you're an tdtot). So~ hy the hell would }OU let the critics pick the modes you sec?

And how in the world do you still choose to sec films? Watch tra1lcrs?

Those arc des1gned by advertising firms specifically to make you \\HJnt to sec the mov1c, so they probably aren't the most impartial tool.

You could bank on actors whose past performances you've liked, or past \\Tit ers, directors, etc. But that method of fully ignored until you've seen the film choice fails to result in rehahility. I think for yoursclt~ After all, I could write are- enough of us saw Stealth after Ray view for Juno \\ithout even seeing the (okay. actually I d1dn't sec either), or \X ar film with the help of the .intern·ebs. It of the \'\'odds, or C\'en compare Casino might contain a glowing endorsement Royale to Crash (you should know like ')uno is a jaw-dropping, belly-shak- which one sucks). ing, coming-of-age comedy, featuring J\nd we all know there are movies brilliant performances and smart dia- your friends love to pk"Ces that fea,·c you logue that will surprise you and lca\e '"~th a strange but compelling deSire to you wanting more." Alternatively, 11 pluck out your eyes and cat them. could just as easily contain ;t range of So who will guide you on your jourdisappointments, ·:Juno's failure to ad- ncr through an inferno of films? ), 0 dress the potential of an Arrested De- one. 1\.s I sec it, these arc your best \ dopment rcumon was unexpected and choices: unwelcome. Though the actors bring a 1.

Sec g, crythmg. great deal to the table, D1ablo ((ldy's 2.

Sec Nothing. weak script and ReHman's ham-handed Or just don't be so damn picky.

•

Dl\ I RSlO'.)

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Body Break - continued from page 29 ... fall athletic calendar: the Scotiahank Toronto \\'aterfront .\larathon .md the ·Ioronto ~larathon. If )OU intend to actually go the distance in one of these c\'ent:;, the rare A-type personality in the

UI:l'RA VIRES

my training has still introduced me to the dehghts of runmng which includes t\\ istcd ankle$, muscle soreness. jogger's nipple and chating 1n certain areas \\ hich when vou have tree trunks for quads as I do, is to be expected. I low-

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I·aculty may want to keep in mind that the latter is actually a Boston qualifier.

Otherwise there a re a multitude of op tions for participants in these e\'cnts in eluding the 5k, half-marathon, marathon and relay events.

Personally, my best-laid plans went down the drain during a Da\'ies-like month tn Jul} so I have decided to scale down my ambitions and take on the Toronto llalf-:\1arathon. "e\'erthcless,

C\'er, even wiry and spry kids can find themselves suffenng some pain.

"I get shin splints pretty often which aren't serious but it feels like getting shot in the legs with every step," explained K.icn, who started running regularlv to work off the beer and St Hubert's from the \Veekend of Debauchery that was Law Games 2005. "Blisters on your toes and nipple burns are also really painful.

1 was reall) sore and limping for about a

'WOrk at ~lcOonald\ or the (~ap. ~ctually, 1 ~arc. Hut, only for the purposes of mocking you.

A's, but l guarantee )OU they hate their h\cs and/or arc socially inept.

2) Drink ....a lot.

~o,

3) /lang out '-~<ith people fi·om school. 't"ouil be ~urprised ho\\ good of

·~555555555:!~!':~52,_...:.~=.:...:=~==..::..---------.:_:____...:,_____:~:_-~-:"-,

Anonymous Rant

hack to the job llunr. The scllool,

and the legal profession, I thtnk, place far too much pressure on the notion that }OU need to get a job, that your first year marks need to be ama7.mg (\\ hich they don't - mine sucked), and that )OU won't get an arocling JOh if ]OU don't get an OCl job. That i-; bullshit... don't get me wrong, there arc some outliers. llut, for the most part, if )OU arc c\cn remotely socially inclined, and can carry on a conwrsation without lookmg like a complete tool (and 1 make no guarantees that ever) one at t • ofT falls into that category), then you too can U\e it up in the wonderful world of the legal profession. So, what I am telling }OU (and not just first years . .. all of }OU) is to just fucking relax. None of this matters .. .law school should only be two years long 1 know, l know, you arc thinking right anywa}.

But then, ho\\ could they suck now - "this guy is insane. He ts so h1t ter about law -:chool, he probably didn't all that mom:y out of us? <)r, how could I spend a sem~ter O\ crseas get a job, and he needed to leave be domg absolutely nothing but travdtng cause he dtdn't have any friends at l and dnnking? of T." \'\ eJI, J tell you this ... if you knew my tdentlt)', you would know that I don't have all the answers people. But )OU are wrong. l' ofT is a great place I do know this . .. for the coming }Car, -after first year. But for now, suck it mke my advice and do this (and thts is up, and maybe, your life will turn out as more for first year~, becauo;c the older \\ell as mine did. of us know this alread)):

Another year at the beautiful (read: shJtt), run-down, old) and lively (read: dc-mothating, jading, depressing) Facultv of Law at the UniversitY . of Toronto. \Xcll, for o;ome. I, for one, am not at the school unul second semester.

So all you first years, ~ ho have nc\ er read this column before, 1 give )OU this piece of advice. In :our th1rd )Car (should you make it that far \\'lthout losing it), go on exchange. Anyv. here. lt doesn't matter. As long as }Oll arc not at U of T, vou will rcahze (as I and most of my friends did in second year, and/or first year), that what you are domg nQ'..v docs not matter. You \\'Ill become la\\<)·ers, you will get jobs. b •cn if not through OCls. Just chill out.

.

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'ow for mv rant: as 1 hmted at abo\e, ' there 1s just a bit too much pressure on us to get jobs in law school. And I mean law jobs ... no one cares if you

1) Don't change how }OU do things just because o;omeone who you think is smart docs it. Trust me, they might get

friends you can make with the guy who you honestly thought was a complete jackass during orientation. A!;k my friends ... they'll contirm this.

4) Final!), and in all seriousness, appreciate what )OU have gomg on for you.

You are smart, you will likely make money, and allm all, you are a good package. Trust me, the "1 am in law school" hne will work e' Cf) time, if you know what I am talkmg ahout. t\nd I hope )OU do. And if you clon't, put dO'..\ n this paper ncm; because you h:l\ c bigger things to \Vorry about. that is all. I will conttnue to update )OU with m}' opinionS on hfc, School, the law; and J am sure a m)Tiad of other controversial, if not juo;t amuo;ing to me, topics, and ~ ou will continue to read them and laugh.

S1),

From abroad, The t\non} mous Ranter --~

week afrer doing the marathon."

The real fun for yours truly was when I started regularly running 14 km and my right t[uad got a httle bit out of control by deciding to pull my kneecap towards the outside of my leg. ,\ little elcctnc shock therapy, stretching and strengthening of the hamstrings eventually returned some semblance of balance to my legs and took away my promising peg leg limp. The moral of the story?

Stretch, people. You're not twchc anymore and you can't expect your body to pull out those spontaneous splits on a dare. ~1en claims it's worth it despite the pam "The hardest and proudest moment was the actual marathon. You go through the whole gamut of emotiom, one minute vou hate your life, the next you feel like a champion. When you finish though, it's euphoric; orgasmic even."

Finally, the Faculty of Law is on the hunt for a masochistic student to carry the torch lit three years ago when a few students of questionably sound mind decided to shock their systems by getting up at 7 am on a Saturda) to run up the world's tallest free-standing structure for charity. The Faculty's current student record is a sloth-like 14:49 set 10 2005 by Ben ReentO\·ich (III) while Pr f(;ssor Jim Phillips shaYcd 30 second ofi his PH and ably represented the faculty

OCTOBER

ORG \S~1IC EVE~."

with a solid 15:5~ last year, clearly getting better with age. Fundraising also hit its high-water mark in 2005 when fourteen participants raced up those 1,776 steps and raised Sl ,700 for United \Vay. This event lends itself particularly well to the creation of Faculty legends. One young racer stayed out dancing Saturda} night until 2am, topped off her night with a p latter of wings, got to bed about an hour later, ran from Bay/Bloor to Front St. and proceeded to race up the 'li>wer to completed her unique dance-runclimb triathlon laying down a challenge for future generations. This year's climb w1ll close out the Fall's promising exercise regimen from October 18-21, 2007.

This article was brought to you by II a I J o hnson and the 1980s.

1\J I :AT .\10KTH: Extend~ng the workout to the li\·cr. Two great activities in one g reat club!

•

Briefly Noted

Not So Real News From Around the Law School Faculty introduces steroid testing policy, Alarie takes "sabbatical" Taking the lead from Major League Baseball, the Facult} of Law has an nounced the Implementation of a steroid testing pohcy, which will take effect immediatcl). "You st:c these kids ~chlcpping hea,·y 500 page text books and 300-page summaries into exam rooms and you gotta wonder, where is this strength coming from?" asked AsSistant Dean Bonnie Goldberg, adding that "You certainly can't bulk up JUSt by eating the shit the} serve at the Grounds of Appeal." The new testing pohcy \\111 apply to students and faculty alike.

In an unrelated ston, Professor Benjamin Alaric has announced he will be taking an indefinite sabbatical, cffecti\·c immediately. It IS expected that the role of the wrestler I fans in this year's L'lw Follies, usually played by Alaric, will be filled by student Phillipc Perron Sa\·ard (2L).

Grounds of Appeal hires additional employee, Dean Moran proclaims law school more diverse than ever before DI~'>

has !wen losmp lawyers like

~icole

TI!OLGH, IT'S LUPHORIC;

35

Ultra News

\'V'tulc:

"\~'HL'\i YOL' FI0JISII

Dr\ 1 R~IO'.S

17 2006

Richie loses her lunch, the Groun<.ls of Appeal has been bolstering its ro~tcr of cmplovees. The recent addition of of Kazdim /ndbaum-Day to the staff prompted an excited Dean ~loran to note that "( )ur law school is getting more di\'erse every year!" \X'hile many agree with the Dean's assessment, SI..S representatives Alykhan (2L) and Alykhan (2L) both cautioned that "The school still has a long way to go on diversity," pointing out that "in the general population, 50% of all executive positions arc filled by Alykhans."

Uoff to introduce joint JD/MBA/MD In a move certam to send reverberations throughout the legal community, the Faculty of Law has un\'eiled a new program - the joint JD/\fBA/~1 0. 1\ccordmg to the administration, the 10-ycar program, with its projected tuition of $500,000, will ensure that U of T keeps its status as a pre-eminent law school. ''\X'e're already the best school in Canada by far, but like I've always said, we don't compete wah Canadian schools, we compete ~th Yale", said an excited Dean Moran.

Student reaction to the announcement was mixed. ''This is bull shit!" said an adamant Delo res QD/MBA 2). "Tuition for law school alone is already ridiculously high, and getting that extra

l\10 degree will cost more money, take more ume, and at the.: end of the day leave you slaving at Da\ 1es like everyone dscl No one is that dumb." Muka (1 L) was more optimistic, saying "This is great - now I can reprc~:cnt clients, act as my own expert medical witness, and manage my money once I win the case!"

5hc added, "This should help me get mad OCis 10 2018!"

Faculty to give up redesigning entire building and start with just the bathrooms After years of debates, task forces, expensive Ivy Lca!,YUe consultants, and major fundraising drJ\'CS, the Dean announced this week that she has dec1Jed to give up on plans to construct a new Faculty of I 'lw building. "It is just too complicated to get a consensus for a new plan," said Dean .\foran, "and when you think about it, aside from the ~loot Court Room, Grounds of Appeal, absence of space for faculty offices, and basically all of Falconer, there really isn't that much wrong with the current campus." l nstead, the administration will focus on repairing the current buildings one step at a time, hcgmnmv with the bathrooms in Flavcllc. "\\'<.: 've hired L.S. S<.:nator L1rr} Crrug .1s a c.ksign consultant" proclaimed an excited Dean, so the new bathrooms will be a hit.

Moran Deflects Criticism, Expands International Tours Responding to criticism regarding the cost and purpose of her recent tour of Asia, Dean .i\(oran has gone on the offensive, promising more tours to forei!-,111 law schools over the next year.

"I think we need to deepen our relationship with some Caribbean law schools and alumni over Chnstmas," she said, adding that she \.,111 focus on law schools near the Atlantis resort in the Bahamas. When asked whether it might be more useful for current stud<.nts if we strengthened tics with l 5 alumni and firms over the next fc~ months, .i\toran was lukewarm to the id<.:'a She singled out i\ew York and Boston as "pretty drab locations" to build relation ships until springtime at the earliest. ~he has, however, been looking towards the southwest, with a visit to the University of Nevada at Las Vegas planned for spring break. Moran explained the po · tcntial: "The relat10nship-buildmg con· ference room at the Bellagio is totally sick and the i\evada law schools will be all like 'he}, U ofT, let's think about coorganizing some symposia and exchanging profs and stuff.' You can't do this sort of thing over the phone - it definitely needs to be face-to-face, prefer• • • •

ably by the pool.'' ,\!though some critics ha\'C pointed to decaying law school facilities in need of funding, Moran insists that these trips arc mone} well spent. "I think it's roo tempting to put ~umbers on things. \\'hen people point out that my trip to .Asia cost the same as 2 years of ruiuon while 50% of rhe urinals in the dilapi dated men's bathroom arc currently non-functional, I have to remind them that you can't just thro\\" money at prob· !ems like broken urinals and disbrusting la..-atorics - there arc a lot of stakehold· ers and negotiations and politics in· volved. \nd frankly, we're not going to spend money where we don't need to." \loran has promised a full administrative review of the wa~hroom situation, and the interim report 1s due shortly after her return from I ,1s \ egas.

l'V solicits article on why Leafs the Cup this }Car, no articles submitted

~ill win

\\ etnrih population up 25% Glick population down 50 o

9

SLS President flops at flipping pancakes and meeting submis sion deadlines Law school encourages students to borrow from Scotiabank, )ct installs Royal Bank AT1\I.

-

.At the SLS, Bro\\ n is the new Jewish Take the next cab

Moran's dog disappears during Dean's BBQ

3 out of 6 urinals out of order

\n otherwise calm and enjoyable Dc..an's BBQ was interrupted when it became apparent that Dean ~loran's pet dog, Daniels, had gone missing. Students and facult) alike were noticeably shaken.

"This would totally ruin my entire day, aside from the fact chat this hot dog I'm caring JS absolutely spectacular!" lamented Sam (3J.). The thorough search for Damcls was led by Lee (J L), who commented that "I've been looking in e\'cry hidden nook and cranny of the building. Can't vou tell-look how dirty my Michael Vick jersey has gotten!" As of press ume, Daniels had yet to be found, but the searchers had discm·ered seven more broken urinals hidden within the pillars on the Fla\'ellc back lawn.

F'{l beautiful faculty bathroom on 2nd floor of Fla\ ellc Anonymous ranter narrowed down to 3L male currently on exchange m \long Kon~ Afo ran returns from ,\sia, replaces .\Iayo's Muffin Madncs with Dean's Delicious Dumplings

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Students drink SS beer during oncntation, complain about crappy financial aid UV Editor Stephen Birman graduates, Ultra News suddt~ly becomes murh much funmer.

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As a student at Cassels Brock, you'll be expected to ------------------' and â&#x20AC;˘ Make coffee? Collate photocopies? Work 24-hour days? Not a chance. As a student at Cassels Brock, you'll be expected to go to court, meet clients and enter into spirited debates around the water cooler about global warming. You'll be in the middle of the act1on doing real work, working with real clients on real files, and making a real contnbution. You'll also have fun doing it. So if you're looking for an experience where you can learn, contribute and enjoy yourself in the process, consider Cassels Brock.

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