Ultra Vires Vol 11 Issue 3: 2010 January

THE STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

ULTRA VOLUME 11, ISSUE 2

VIRES January 27,2010

WWW.ULTRAVIRES.CA

Soccer team emerges victorious at Law Games

For more Law Games coverage, qee page 23.

·---------.

UV

I I The results are in ...

I I lh" (I L) & Ki\RI.\1 A:\!!

(2L) I 2009 -I 0 is the third academic year in Note: For sltltislical p11rposu bdo11; tbe perI which the Students' Law Soctety has isalso considerable, though slightly lower, INDEX : em/age o/ "satiifird" sludmts JJ'OJ calmlated I sued a 1L satisfaction survc} to gather with satisfaction rates of 80 per cent and I student I?J diriding tbe total tm111ber r!f students JJ.Vo feedback on the first-year expe86 I I rience. These student surveys have pro- agreed or Ilrotlgjy agreed that thry u·err satiifird per cent, respectively. In October 2007, 66 per cent and 85 per cent of stuI . SCHOOL SAFETY REPORT... P.3 I mlh the part of their lm1• !(hool t:>.:perience vided important insights into the dents were satisfied with the structure I . EXAMINING THE MOOTING I workmgs of the law school, wh1ch, 10 bein~P, amsidered, I?J the lola/ 1111111/Jer of re- and content of the first-year curriculum I PROGRAM••.P.S I turn, have helped to d1rect the SLS's ad- spof/JU receind. Figuru are ro11ndrd to the respectively; in October.2008, these fig-, I . A COP15 REPORT...P.7 I vocacy efforts to areas of g<.:nume stu neartstuiJoleprrcent,~ge. ures were 70 per cent and 83 per cent.

The increases between 2007 and 2009 I . KEIR vs. KANG SUMMARY I dent concern. Th1s fall, the SI..S received Academic Issues arc encouraging signs given the recent 133 completed responses to It~ first-year I SHOWDOWN•.• P.8 I Student~ ranked their overall academic overhaul of the first year curriculum. survey (a 68 per cent response rate).

I •1L SUMMER JOBS..• P.10 I The numbers have been crunched, the experience highly, with H9 per cent of Among the academic aspects of the proreporting that they were satisI . PROROGATION DEBATE... P.15 I patterns ha\'c been scrutinized, and the students gram considered in the survey, satisfacfied. Satisti1ction with the structure, and

. __________ .

}IZJC\1 RI •,\1.\NI

results arc, so far, encouraging.

.A!'; I

content, of the first -year Cllrriculum was

tion It:\ cis "1.\Cre highest for the...

CONTINUED at page 6

UV to faculty: still waiting for the beef ]n the ~larch 2008 edition of Ultra J "ires, we published an editorial by ~lathew Goldstein and Rob Wakulat (then co-Editor-In-Chief of the newspaper) entitled "Students to faculty: \\·here's the beef?" Their argument was that faculty at this law school (with a few key exceptions) arc fundamentally clisengaged with st1.1dent learning outside the classroom, and that U ofT Law's "obscssivl focus upon marks, exanunatiom, and gradient ranking of students has created an cnd~-oricnted culture that fails to foster an environment of collegiality".

Their words were true then, and, we believe, remain true nO\\~ In the nearly two years since that piece was published, we feel that little has changed. The fe,·el of engagement between students and faculty, between students and administration, and even within the student body, is disappointingly low for an institution of this size. Relationships between current students and alumni arc essentially non-existent. There h;wc ccrtamly been certain efforts from all parties to rectify the situation. The Dean's open office hours have been reassuringly re&'Ular, and students have been steadily taking advantage of them to air concerns and grievances. The \footing and Advocacy Committee's just-released interim report (discussed in detail on page fi\·e) directly seeks to address years of student frustration with low faculty involvement in both the competitive and compulsory mooting programs. And yet, despite this encouraging progress, much more can and needs - to be done.

The overall concerns about faculty involvement in student activities which were highlighted in Goldstein and Wakulat's article continue to prevail. To continue with the example of the Mooting and Advocacy Committee's interim repmt, it is impossible not to notice that, while the report candidly acknowledges an undesirable lack of faculty in"olvemcnt m student moots, it seeks to rectify the ptob\em in mdirect ways. Introducing legal practitioners as mentors mar go some way to address the lack of expert gwdancc for student mootcrs, but it docs not actually improve levels of faculty involvement. There is no replacement for the specialized knowledge and perspective that a legal academic can apply to these complicated problems of law, whether or not he or she has a background in advocacy. This is merely one example of a form of incomplete problem-solving which is itself, again, symptomatic of a greater problem.

There is, in fact, no replacement for a faculty member's specialized knowledge and pcrspccti,·e across a wide \'aricty of contexts; yet, too many faculty members at this institution limit their interaction with students to the bare minimum during lecture hours. lt is true that there is no way to compel people to participate in activities in which they ha,·c no interest. The futility of simply pressuring professors to interact with students outsldl of the classroom is obYious cYen to us - we champions of lost causes. uthcr is it particularly useful just to corral faculty

and students into the same place at the same time and expect them to bond.

Any number of a\\kward student-professor mixers come to mind, including that "special" Muffin \1adness which left all parties dissausfied.

The !,Ylalf between faculty and students isn't one which can be bridged easdy.

Students arc busy, professors arc busy, and neither group has homogenous nlcds and concerns. Some U of T Law students ha,·c come to this school to get their degree and then get out - to collect their grades in order to enter their chosen profession, steering clear of any further invoh·ement with the school itscl£ There's nothing wrong with that, but for the rest of the 600some J.D. students here, a critical component of their legal education is incomplete- one which has tremendous potential benefits. \laybc this is cynical and overly reductive of us. but how do you change somebody's behaviour? Readjust the cost/benefit analysis. Change the inClntlve structure. Make it worth someonc's while, in other words. .\lake coaching a moot, coaching an intra-mural team, or advising a journal worth som~thing for a faculty member. Transform these roles into a potential benefit for them, rather than a burden. l\{any of us have encountered those cmails from the Dean's Office, asking us to assess a faculty member for tenure- why not make it more explicit that students can, and should, comment on a professor's engagement with students outside of class as well? Ask whether a professor has e\·er encouraged students to attend workshops, talks, or prcsen tations on related subjects. Ask if the professor responded positively to a discussion of legal ideas outside of class time. Ask about the professor's engagement with students outside of class, and then factor any positive re sponses into the overall dcc1s1on-making with regards to job performance.

This creates a positive feedback loop, where faculty feel as if they reap rewards for their involvement in student activities, and students who have more interaction with faculty outside the classroom may become more engaged within class as well. This, in turn, will lead faculty to feel more inclined to be involved with student activities once more. Faculty who choose not to enter the loop, and not to be more invoked, are free to do so without consequence, while those who do enter, gain from it. \\'c aren't suggesting that quality classroom instruction should e\·er lose its primacy in assessing the strength of our student-faculty relationship. In order for this law school to be truly world-class, howc,·cr, it is necessary that it embrace the idea that being a top-notch instructor imolves more than teaching the ideas well in class and requires more than modes of formal C\'aluation.

Tackltng this problem isn't simply tilting at windmills - it's too important of an issue for it to remain largely ignored and margmaltzcd in the discourse of this law school, or to wait another m·o years to mon: forward.

ULTRA V I RES is the student newspaper of the Faculty of

I M'lw

at the University of Toronto.

Ultra Viru is an editorially autonomous newspaper. \\'c arc open to contributions which reflect d1,·crse points of view, and our contents do not necessarily rctlcct the \icws of the Faculty of Law, the Students' l ~m Snclet\ 'SI~~, or the editorial board. \\'e welcome contributions from studews, facult), and other interested persons within the law school community. Ultra r 'ires rescr\'cs the right to edit contributions for length and content. ,\dn:rtising inquiries should be sent to the attention of the ad manager at ultra.vircs@ut<>ronto.ca.

The next issue will be published on February 24, 2010 and the deadline for submissions is February 20, 2010. The submission limit IS 850 words.

Communications Centre, Falconer flail 84 Queens Park Crescent, Toronto Ol\: l\ISS 2C5 ultra.vircs@,utoronto.ca (416) 946 - 7684

Editor- In - Chief News Opinion and Editorial Features Di,:ersions Layout and Production Business Manager Ad Manager

Tina Yang Jdcna Vlacic 1\aron Christoff ,\brar !lug Cassandra Florio ,\ndrea Ktm Laura Lam Robin Elliott

Contributors Karim t\mlam, Allyson Amster, Arden Beddocs, Kate Bjcrring,Joshua Chan, 1\aron Christoff, Dana Doidge, Christina Doris, Karen Ensslcn, Kyle Ferguson.

Cassandra Floru>, Da\ld Forsayeth, Michaclllamata,Joscph llcllcr, Abrar Hug, Stephen ll utchison, Aria Kashcfi, Christie Kncteman, Jessica Lithwick, Ryan ~tacl saac, Kate l\lcDonald, Ashley ~lcKcnzic, J un Chao ~I eng, Jennifer .~.\lurdoch, Dan Moore, Brendan ~lorrison, Tamara C>'Connell, J\nmt P\kt, Steven Slavens, Isaac Tang, Cara \'ahguette,Jcnnifcr \\ hincup, Lucas \\'Jisor . <)a· 1antha \\"u, Tina Yang, Christopher Yung

Safety at the law school: Sorting out fact from fiction, and what you can do to keep you and your belongings safe BY 1~\\1,\R,\ O'C<>Nt\IJ.I. (1L)

In recent months, increased student disor, if trus is a repeat event, a notice of cussion and scrutiny have caused the trespass. issue of safety and securitv at the law Although campus police do not patrol school, particularly in Bora r:.askin law liHavelle regular!), library staff workers brary, to be brought to the forefront. arc in the stacks at all times during the Thts re~--=~-------~----:-:...-----~ day shelvport is an ing, hclpattempt to ingpcople, evaluate and work· the current tng on levels of other projsecuritr at c c t s the school, T h e s c and to destaff arc termine encourwhether aged to be there arc alert to any steps that potentially should be problemtaken to atic situaincrease tion:.. In security to make this law school a safer the evcnmgs, there is usu<\lly only nne place. person at circulauon, but, during the \a!\t Despite the rampant anecdotal ru- two hours before closing, there is a\oso ~\ mours. there have been \'cry fhw re- second per:.on in the stack!' shelving m.t ported thefts within Boca Laskin. Chief tcrials. These methods may nor IR· c·nLibrarian John Papadopoulos states that, tircly effective, however, as there arc over the last twelve months, there has unverified student reports of n person been only one laptop theft reported, and from outside the law school community that this number is in line with historical found sleeping in the stacks. averages. Thefts of other personal items The primary issue that arises when ,such as wallets or bags, have not been dealing with security co~cerns at the lid 11 bran· 1s the task of rcportch' at a lin ~ ~ reco.ndling the need recent !Story, a · . . " ··· 1·IBR \R\.• S'l'AIF \\"0. RI-..l .RS \RE for . sccunty With the t houg h sueh . dcs1re to keep thcfts would ha\·c J'\; Till S I \C"L'S .... ' \"1' •\II - • "J'I\11 · -s . the h1 • •... SJ, · ' \l'l' bran• space been ·tmmed'1atcy DLRJ;-1(, lllhD\\ · .,\R'-' •• - a pubhc . .. . for learmng.

Bora relayed to the 1 1\JCOUR,\GI ~D TO Bh ,\LJ~RI 10 . .

I · ~ Laskin IS the only aw University of ~NY POTE:-:TJ.\LLY PROBJ.El\1. . d . ·· . , library tn own to\\ n loronto Campus \TIC S!Tl l \'1'10\:S . 'v'h'l Jl ' '· ' · Toronto that IS open Pollee. w 1c a . to the general pubhc. theft num b crs

cards), even after regular working hours, would go against the principle of fostering Bora Laskin as an open place of learning.

Both the Students' L'l\\ SocJCt\ and the ltbrar) ad·ministration

take

-In the libra!}; remember that opening an emergency exit will tnp the alarm~ and alert Campus Police in times of c::::::;;;::iUiil trouble. There arc "TIIF PRI\f,\R\ 11\Sll also intercoms connected to campus seARISI.S .. .IS Tf II· f \S!-.. OF curity in the locker RhCONCILP\(, 'I Ill~ :-..hED area of rlavelle.

r5

I OR SEC l RIT\ \X'ITI J TI IE

s a rity seriously. Over DI,SIRE TO K.Ef"P TilE Uservice provided by the past four c p r ~ months the SIc ~R .\R\ \ PL BLJ( SP,\CE~FOR ....-a~pus 0 ICC, of.' "' renng escorts behas solicited feed LE. \R 11\.G." tween campus back from students build "n 1 gs, . . par k"·mg on the1r secunty lots, and nci~hbourconccrns. From this informal sun·cy, ing TI'C stops. .Available weekdavs, the most of the complaints ·were about number to call is 416.978.7231. ' stolen property, and the presence of -The University of Toronto ~tudents' purportedly homeless people m Ha\'c\lc. Union advoc:\tes the use of a pro~\uct The library remains open to su~gcs- ca\\ed the Security 'l'rackinl!, of (. )H\cc tiom., and is in d1scussion with tho.:.~\-'-; Pn>pcny ''Sl.'()\>") .,.ccunt'j phte. "\'h\t. and A!>sistant l")ean J\1cxis ,\rch\-,o\<\ sccurit)' p\atc c.ont"-"'"" a u''"~uc. bar ahout what ~ u.:p· ctn he ta'l<cn ' " \.;.cc\"> co~\e<..\ 'l.ec\enti.\u:."< an,\ hon~\"> to 'J<.">U"< ..:xnnthe \ihrary safe. lsaac ·l't\ng, Pre il..\cnt of puter. "\nc p\atc acts as a <..\ct.e~"< nt '-" the.• ST_ , is im esrigating rhc.· fc.'flsihilin· of rhi t e~.. nd can also a~.~i t in the rcC(J\'· the issue of secu

uJst:l/ling a single canH~r" directed ut tl1<•

lihran· entrance to act as

<"T)

\XIalkSaft

1

ot' "tolc•n propcrt_1: ~\fore tnf"oTinll

deterrent to cion on this product can be found online.• any p;>tcntial trouble. This pmposaJ is .It: http:/ /utsu.ca/section/1091. under preliminary discussion by the library administration, although secumy cameras can be cost!}; as well as raise privacv concerns. c)thcr ideas brought forward by students and administration mar be more difficult to implement. One such pro· posal is to establish a laptop "drop zone", where students leave their laptops at a "safe space" when taking breaks. This presents loE-,ristJcal dtfficul tics, such as iqentification, staffing, and liability problems. Other discussions have centred on increased staffing measures, and how better to deal with after- Probably a better option than carrying it into hours concerns, although no concrete the bathroom V~-ith you. plans for change have been made yet.

-In the event of a theft, or the presence of someone who is making you unIn the meantime, there arc a number comfortable, the first step is to report it of things to be done to protect yourself to the circulation desk . All library staff and your belongings: -This is basic, but know the protocols for contacting Camworth repeating: don't pus Police, and arc happy to help.

Although the law buildings arc gcncrleave valuables in lockers allv safe places to work and study, it is or unattended.

-.Most laptops come stiil important to take precautions and with a Kensington Secu- rcvie\l,· what preventative measures can ritv Slot to allo\\ for be taktn to keep it that way. As ah\~lys, cable locks to secure to the SLS and library administration arc the laptop. The study open to ) our suggestions for improving carrels arc set up with .,afcty and security at the law school. .1

Students and faculty from o~hcr law would be zero idcallr thefts do not ap pear to be a S):Stemi~,problem in the It schools a~d pra.cri~oner~ routinely~~~ .

If there is an)' pattern to be Bora Laskin, which IS, after all, a pubhc .} lJrar). . dd' . h I discerned from the dates of past thefts, funded institution. In a mon, t e lthev appear to peak during exam periods brary is an important resource for peo· (pe~haps comctding simply with in- pic who cho_osc to r~present themselves crlased crowds studying at the library). or have an tntcrest tn exSimllarlv, in the six and a half years ploring the law further. tr at Papadopoulos has been at the Ji Sance rlavclle House an.d bran~ only two people have been banned Bora Laskin .are. pubhc fro~ the library. It is important to note spaces,. there 1s little. rcthat, if students have concerns about m- course tf people are l.ott.ertlividuals in the librar) who might appear ing around ~he b~lldl_ng threatening, they should make a report without causmg mischief . Iauon . or damage, or engagmg an to the c1rcu cl es k·. ·l'h c "t'lndarJ ~ • procedure after a report is received is for any other illegal activit)•. It the Campus Police to be consulted for a has been argued that pro· • holes to facilitate this recommendation. The resulting rccom- posals for student-only ac(the cable locks can mcndation can ~ange from a polite re- cess to the library (e.g. Ask youhclf; What would Bora loop through the desk). · ~o 1eave, swipe access with student do? guest for the person~ in gucstton

4

ULTRA VIRI:S

Environmental Law Club takes back the streets

BY AIJ.Y~O!'\ AM.:>TI

Last term, members of the Em·ironmental Law Club - Jacqui Wilson, Mcaghan McD ermid, Allyson Amster, and P;ttrick Dyke- provided research assistanct: for a case before the O ntario Labour Relations Board im·olving the

P5

J\ s part of its research, the ELC produccd findi ngs that Toronto's streets arc unsafe for cyclists, including: evidence of dangerous street designs and air pollu tion, corresponding statistics on collisions, and studies and policy

rights of cyclists ~ recommendations on (those who ride " T illS CASE 1:-.:VOI.\'ES :--:oT safe road design. The ~ikcs as part of their 0\:1 y lii.E.\fE~fS OF WORKEI.C also p.roYided reJobs) to a safe workLRS' RlGIITS, BUT ,\u;o PUBI.IC search assistance on place.

HI..AI.TH, co.\I~IU~ rrY S.\FETY, case law under the The c:tsc pits cy. . ., • . ,. .

• OHJ/1. _ 1 L:\~0 E~\ IRO~.\If~'-.; l;\1.~:-.;.

I au\'ocate . . ·" \\.,.Jth ten Toronto c mg W'!

Tf~GRI fl. . kill \\aync con agrunst ped estnans . c d br the City of Toronto. motorists in the \'Cry J\s part of a program housed wHhm the recent past, designing and building City's Transportation Services Depart- streets for users other than motorists JS ment, Mr. Scott's job as a Cycling \m- becoming a front-page issue. Nbert bassador required him to bike Koehl, the lawyer representing 1\fr. throughout the City to promote cycling. Scott, points out that, "enlightened so,\ 1r. Scott claimed that the City of cJetrcs take action before tragedies hapToronto, as his employer, failed to take pen - this is a kc) objecti\·e of public every precaution reasonable in the cir- welfare laws like the OHJ'A." cum stances to protect its workers, as reThis week also saw the release of a quired by the Occupational Htaith and City publication entitled, "City of .S'afi() Act. Mr. Scott is now appealing Toronto Cycling Study: Tracking Report the decision of an inspector who de- (1999 and 2009/', which found that the clined to issue an order compelhng the number one concern among cyclists (up City to address unsafe condmons, in- six per cent from 1999) is safety, and that cluding the lack of bike lanes and the only one-third of cyclists feel comfortpoor design of existing bike lanes. able cycling on main streets that do not

s

.

R

(2L)

haYe bike lanes. It also concluded that workers' rights, but also public health, "improvements in safety-related infra- community safety, and environmental instructure" arc the best means by which tegrity.

The members of the ELC assisted on to shift recreational cyclists to utilitarian cyclists essential for reducing this case because they recognized an opToronto's environmental impact. portunit) to affect transportation behavClearly, if Mr. Scott is successful, almost iour and policy positively, and thereby protecting the environment by encourall of Toronto's cyclists will benefit. .\Ianr people haYc guestioned how agmg less polluting means of transportath1s case fits into the ELC's objectives. tion. .Mr. hoehl likens this strategy to At first, this case may seem more appro- the case of \1 Capone: "When people priate for Admcates for Injured Work- look back at the creative tax law approach C.S. hw eners or the - ·-.,._ I Icalth Law forcement authorities Club after used to put the notoall, Mr. Scott's 4}:1!!1~~~ rious AI Capone beclaim IS with hind bars, no one regards to criticb:es them beworkplace cause they didn't rely safety. 1.\aron the crimmal law. rowly exam Indeed, their creativined, one ity is lauded to this could label day. So when people this as purely look back, likely with a labour less fanfare, on the C rights case, since the legal instrument en- of T Environmental Law Club of 2009gaged is the OHSA. 2010, they will hopefully praise their inifailing to sec the environmental ben- tiauves for similar creati\·ity, instead of efits resulting from this case, however, asking why more traditional approaches would mean a missed opportunity. This weren't used." case inYolvcs not only elements of

}ANUARY 27,

Making moot• 1ng matter B\ JosJ.PII llu.u

it's abotit collective achievetnent.

Collaborative. Cooperative. Collegio.u.

Business Law I Litigation I Intellectual Property I Employment and Labour Law MONTR~AL I OTTAWA I QUEB EC I TORONTO I LONDON OGILVY RENAULT LLP I S.E.N.C.R.L, st.l

theogilvyrenaultdiffere nce.com

R (.1l.)

This past spring, I was one of two students who agreed to act as "Co-Chief Justice" for the student-run Moot Court Committee. \\'hen [ took on tht: role , I assumed that my Co-Chief and I would be, as has been the case in the past, working with a group of 5-H committed students who would enjoy the full support of the faculty and administration. The reality was quite different: come September, we had no ;\ICC to speak of - just two "Co-Chiefs" and a new Assistant Dean struggling to keep the program afloat. \X'crc it not for the dedication of our student coaches and Assistant Dean Faherty, we would have no competJtl\'e mooting program to speak of.

This year's Interim Report from the ~footing and Adn>cacy Committee high. lights some of the changes that the ;\fCC has implemented in the recruitment of ;\ICC members. for example, rather than throwing 3Ls into roles for which they arc not sufficiently pn:pared, the MCC will now include 2Ls \\ ho w1ll he responsible for the first-year adYocacy competitions, as they prepare to assume the roles of Co-Chiefs the following year. Although this change will allow for a level of training and continuity which I never

.

go t to

At our firm, it's not about individual goals,

2010

~x p~ric n cc,

it '.v iii not ndd rcss

th~

weater problem p la!,"l.llng OUr school: the complete disconnect between our expectations of what a mooting program should be, and our present-day perceptions that the faculty and admin1stratron, with some notable exceptions, could not care less about advocacy.

If there is to be any hope of creating a strong, viable mooting program at U of T Law, that hope will come from the debate sparked by this issue of Ultra r 'im.

Our school constantly reminds its alumni and supporters that it offers "the best legal education in the country". lt's time for all of us - faculty and administration included- to put our mooting where our mouths arc.

Fixing what's broken Competiti\'e mooting is probably the best thing l've done in m} time at law school. I mooted in the Cassl'is Brock ("bab) Gale") in tirst year, m the \X'ilson in second year, in the Grand ~toot this October, and am now coaching this year's \XrLison team. !\ly mooting experiences have made me passionate about becoming an advocate and litigator, at a time when many of my friends ha\ e become disenchanted with the L'l\\: But, as m) teammate Dan Stern said last year, U of 'I' Law has an excellent mooting prognun, not because of, but in spite of, f:tculty support.

Although the faculty committt:d to pro\ 1dmg more support to competiti\ e moot tl"ams at last year's SJ..S Town f Iall, my experience th1~ year has emphasi:-ed how dependent the program is on the hard work and commitment of the volunteer student Moot Court Committee and student coaches. l11e main administracin· burden continues to lie on members of the tCC, who this year organized try-outs without the assistance of any members of the faculty, organized the loh'1stics of the Grand Moot, and have been responsible for keeping all the competitive mooting teams in check. A lthou gh tmprovcmcn ts have been m a d e: to t h e faculty coachmg struc ture, faculty coaches still determine tl1cir roles on an indiv id ual b asis. Tl1is puts our m oot teams in the positron of sup-

thoul!,h o;tudents tncd t o ahori~na\

re~su:r

m oot \n the fa\\,

lt

moot 111 the fall \\ere shocked to rccei\ e the call for parucipants in January, and \\ere understandably frustrated that thC) were unahlc to switch out of the compulsory mooting program to join the team.

The Ia\\ school has made a commitment to impro\;ng support for compct. itivc mooting, and it 1s time for them to step up to that task. Key o\crsight structures (includmg simple ones l1kc a checklist of deadlines for registration) arc missing. Faculty support may be im pn>ving, but it continues to depend mcily on the good\\-ill of faculty member~ who participate in the program. \\'ithout the dedication nf student coaches and committee members (who, let us remember, arc volunteers, and receive no credit or ofticial reco!:,rnition f()r their work), our mooter~ would be ent out on their own to face teams that are coached cxclush·cly by faculty. The roles of faculty coache~ and admimstrators must be clear. If the faculty cannot be held accountable to some standard of care, the success, and even the CX1Stencc, of the compeuuvc mooung 'Progtam w\\\ conunue to no;e o t fa\\ on t.hc dc~\\­

for the ll\)\)Cat s

catinn ',\ nd \ n\uanvc o\ tb\Td 'S<:"J.r vo\un teers.

th.lt, by simple neglect, no students were n blc to r<"b'lstcr. 1\fany swdcnts w !Jo IJ.1d w ish ed to p a r ticipate i n tl1c abor-igmnl

Mooting Committee delivers interim report

Faculty Council's ~looting and Advocacr Committee was established earlier thi; fall on the recommendation of last year's Pedagogy \Xorking Group (spurred on in part by the mob of L' of T Law mootcrs which descended upon an ~LS Town Hall, practicall) brandishing torches and pitchforks wh1le a1ring their complaints) and was tasked with re,·ie\\ mg existing mooting and advocacy programs, as well as advising on ways to enhance them. .Many of the student grievances concerning mooting and advocacy at the Facuit)' were related to a perceived lack of support for the competitive mooting program, especiall) in comparison to other law schools. Specific concerns flowing from the SI~<) Town I falls and surveys mcludcd: bctng able unable to meet .w ith facult)' advisers, insufficient professor involvement, and participating in a smaller number of moots than other law schools. In response, the Committee h:ts now put together a preliminary report which proposes to address these deficiencies, and \\.·hich considers other The moot court room at Osgoodc Hall. Just ways of enhancing the program more imagine it full of smiling mooters and an over- generally. abundance of supportive faculty.

phcans sfor the facult) coach's ume, and ensures that the ultimate burden of organizing the team, setting deadlines, sl'hl.:'duling run-throughs, and rC\'lcwmg drafts still rests on the shoulders of vol untccr student coaches. Studl"tlt co:tdws dedicate at least five times likelv ten times more hours to coachi~g tha~ faculty coaches, yet fe-.\; if any, members of the faculty admimstration can tell you who those student coaches arc.

This year in particular, the moonng program has experienced problems with the most basic and yet fundamental task: registration. '1\vo of this year's competiti\'C moot teams were almost unable to rl'gistcr, and were only regi~tered because team members nssumcd other people's responsibilities to prevent dis. lJualitication. E\'en the most basic assessment of f:tculty responsibilit) for the for-credit competitive mooting program would include ensuring that students arc dul} registered for their moots. This year's aboriginal moot team scncs as an example of the kmd of debacle that can result when students don't pick \IP the administration's slack. Until the seconu week of class in January, U ofT d1d not have an abongina\ moot team. 1\.\-

BY ju~ CH.\0 Mh., G (2L)

ln its report, the Committee recognizes that ha\'ing full-time. facult)' members serve as coaches to competitive moots is ideal, but wh<.:re this is not possible, one proposal is to recruit qualified pracUtJoncrs who have lingation experi encc to act as coaches. These pract1 tioner coaches would be given the status of 1\djunct Professors, and would undertake moot coaching responsibilities alongside facult)· members.

On the consultative side, one idea which the Committee proposed for consideration IS the creation of an Advocacv Advison' Group. This new group wo~ld hring ~ogethcr interested faculty members, alumni, and practitioners.

The hope is to capitalize on U of T's strong network of alumni, many of whom ha\'e expressed interest in mooting, or demonstrated their support of the mooting program in the past. The ,\th·isory Group would create a forum for discussing new initiatives and pro· grams n;lated to oral ad,·ocacy, forge strategic partnerships that could enhance the U ofT mooting program, and provide insight on the value of the moots in which the Faculty currently

participates, or could potentially join in the future.

The Committee also plans to look at proposals for new opportunities for oral advocacy. Students and faculty have requested partiCipation in a number of new moots, such as the Fox IP ;\1oot.

Currently, there is no consistent method bv which of T t:valuates the moots in ,,:hich it participates. The Committee plans to address this gap by developing a set of flexible cntcria for deciding whether the Faculty should participate in a particular moot. In the future, it is expected that such decisions will he based on criteria such as student interest. cost, supervisor expertise and availability, pedagogical value, reputation, and the prospective moot's fit within the O\'erall diversity of mooting opportunities at the school.

The Committee's proposals arc still at a preliminary stage, and a final report with n:commendauons on these, and other, points will be released later in the spring. Students with any comment , concerns, or suggestions arc encouraged to share their opinions by contacting their SI..S rcprcsentath'cs.

6

l\1 \\S 1L SURVEY- from page 1

... qualit) of lecture teachmg (92 per cent, roughly equal to the 93 per cent in 2008), the le\ e1 of engagement in small group classes (86 per cent, up from 83 per cent In 2008), and the quality of small group teaching (85 per cent, up from 80 per cent 111 2008). Satisfaction was lowest \\ith respect to the methods of evaluation in lecture classes (42 per cent, down from 52 per cent m 200H).

Among the Jntroduction to L:1w sessions, "Common Law Reasoning ·• \vas the best rece~ved with a satisfacuon rating of 72 per cent, while "Law School Sur· vi\ al Strate,:,>ies'' and "Findmg the Ratio /)tddtndl' were given the lowest satisfaction ratings w1th respective scores of 41 per cent and 48 per cent.

ULTR,\ VIRES

opportumties garnered satisfactior. : .. ; "''u' J6 per cent of students reporting ings of 34 per cent and 23 per cent that the) were satisfied (compared to 44 (down from 38 per cent and 29 per cent per cent in 2008). Some frustration re· in 2008), rcspecthcl), while breadth and garding the polic1cs of the Financial i\id a\ ailabJ!ity of clime opportumues were Oftice was also expressed qualitath·ely. graded at 72 per cent ~ As a result of con. and 61 percent (down ·• ... 94 I'I·R Ch~'T oF S"J UDhr--Ts cerns raised by stufrom 76 per cent and J~DICATJ D THAT TllhY \\ ERI~ dents, the Faculty's 67 per .cent 10 2008), llt\PI'Y \\'IT! I •11 1/:IR DhCISio:-.: financial aid policies J 1 respect1vch•. <'ualita· .

• < TO ATn~l\:D TIIH lJ 'IVERSlTY an.: current) um cr tJvcly, students ex- ~ 'I' . revil:w b}· the Finan01 ORO:--:To h\CUJ:IY:>Fd cia! Aid Committee. ' pressed concerns .

LA\\ " regan!Jng the a\·a•l· In particular, the ability of the instudents, facultv tensely-marketed and competitive DLS members, and school administrators wh~ positions, and tl1e financial eligibility cri· sit on the Financial Aid Committee arc teria attached to International opporn1- considcnng changes that can be made in nity scholarships. order to avoid the discrepancies that arose this year between some students' provisional and final assessments.

Admissions and Fina ncial Aid Satisfaction \Vith admissions support Academic opportunities outside of the prm•ided post-acceptance dropped from O verall Exp erien ce classroom had mostly high scores, w1th 79 per cent in 2008 to 66 per cent this Students expressed satisfaction with their an a\'erage sati:.faction rating of 80 per year. J\ similar drop \Vas seen in student overall non-ac:1demic l:lw school expericent (d own from 83 per cent in 2008). satisfi1ct1on concerning support from the ence (82 per cent, compared to 76 per Breadth and a\·ailahilir:y of jn ternational I•mancial Aid Office post-acceptance, cent 10 2008) and quality of student life Extracurricular Activities

U ofT Law student or Magnum, P.I.?

at tl1c Faculty (15 per cent, compared to 76 per cent m 2008). .Many students, howC\'er, expressed dissatisfaction with the Facull) 's facilities (36 per cent sansfled). Sc\•eral qualitative complaints were made as well, particularly regarding washrooms and classroom spaces. Later in the surve)~ facihues were also noted as the area of' the law school most in need of improvement. These results are similar to 2008\ where 30 per cent of students reported that they \Vere satisfied with the Faculty's facilities.

Finally, 94 per cent of students indicated that they were happy with their de cJslon to attend the Umversity of 'loronto Faculty of I ..a\\' A second Iteration of the survey will be distributed during the winter term.

l·ltll Stlrt'ry reSIIItr tire al'ailable from the SIS ~y rt'qutst.

2010: Anoth er year, another update fro m the SLS (31.)

Grading and Evaluation \'\'orking Group member~ Shane< >'Bncn, Troy Dore,Jun Chao J\lcng, and Samantha Green, the Faculty ensured that December t L gmcles were curn•d to a 72-74 per cenr mean. In adJioon, the Faculty has committed to an extensive review of the upper-year grading system. The future Committee will be headed by Professor Sujit Choudhry, who spearheaded the 1I. curriculum review implemented this year.

Finally, I feel that it is imperatl\"e to take the time to remind aU students that the SI~<; Election:; \\~U be taking place in earh \h d1.

BY ISAAC TA:-.:<;

Proudly hirsute (L-R): Steven Holinski, David Colman, Andrew Robertson (team leader)

Last November, things got positively hairy at C of T Law, with 3 3 students participating in the "Movember" campaign to raise funds toward men's health awareness.

Movember participants started the month off fresh-faced, then grew mous· taches for the mensual period while so· liciting donations. Results ranged from a few wispy strands to full-bodied Fu .\[anchus. Throughout the month, participants could regularly be seen stroking their moustaches in class, at the library, and while socializing around the law school. "\X'e started out with the goal of raising ten thousand dollars," said team leader 1\ndrc\\' Robertson (1L), "and we wound up raising quite a bit more than that, to fini~h with a total of S12,H4R.82." That amount was far higher than any other Canadian law school, and was comparable to sc\·eral medium-sized law firms.

The month of disbrusted romantic partners and foiled job in ten iews was for a meritorious cause. Movember started five years ago 111 Australia and has expanded around the globe. Funds go towards awareness of men's health, particularly prostate cancer- which will affect one in every six males during his life. Early detection and awareness of the risk is crucial to reduce fatahties.

J\fter its phenomenal success in 2009, the ~tovember 20 I 0 team will set its sights quite a bit higher. ":\ext "\Jovember, we'll be setting up our own personalized \vcbsite and aiming to raise $25,000," said Robertson.

The accompanymg ~logan: ''Drive for Twenty- Five".

We think there's a faint resemblance...

Th<. SL.c:; IS beginning the new year encr· gtzcd and ready to tackle the issues and challenges hrou~ht to our attention last term. \X'e arc also celebrating the accomplishments of r\ ffairs and Caucus, and highlighting some of the great events ;tnJ projects we arc working on this term. ( hclsea Miller and her Affairs team c:nded the semester with a bang, throwing a wild party at Roosevelt Room which will not soon be forgotten. This semcster, ,\ff:~irs \\~II be focused on planning the Black and Blue Charity Tip·Off game between U of T and Osgoodc, Law Ball, and many other fun-tilled e\·ents such as tobog,ramng, coffee houses, and pub nights. Suggestions for future events arc always welcome.

On Caucus, Bruce Rosc-lnnes and his team of advocates arc working hard to resolve the student concerns that you have brought to our attention. Some of the more pressing issues include:

1. Review of Financial Aid policies: \X'1th contnbutions from student representatives Cassandra Florio, Damcl Bertrand, and Shane O'Brien, the Faculty is planning a full re\ iew of the provision:ll financial aid system, and contemplating other changes to current pol1cies.

The Financial Aid Committee has scheduled bi~weekly meetings and is working hard to ensure that the students adversely afft·cted by financial aid distribution this year will be considered in the drafting of the new policies. Th<. c:;r .S \\ Jll circulate a summary of the proposed changes via t' mail within the next few weeks.

2. Grading and evaluation methods: As a result of the adn>cacy efforts of

Tht ~I ') is lookmg for students mtcrcsted 10 .:~ftccting the future direction of the law school. There are a wide \"ariety of roles ;n-ailablc, including positions on Affairs, which works toward improving our student community, and Caucus, which works toward advocating for student-friendly policies. 1\Jo SLS or student government experience 1s necessary.

Having sen·ed on the SLS for almost three years, I can honest!) say that the best student representatives are those who have proven themselves through their work ethic and commitment to their student body, which is not always related to how long someone has sen·ed on a student government, if at all. I encourage all interested students to apply.

If you have any questions regarding the responsibilities of a student representative, please feel free to contact am cur rent SI.S members for information.

ll'{mt to ipt'ak uilh the Sl_\ persona!!J? f>midmt office hotm tire held 11:30-12:30 on Molldq)'S, and our Co11ms and A.ffairr !71eetings (Mondt!)'S and 'Jimdays, rerpectireb·· (ro111 12:J0-2.{J0) art• opm Jo tht public.

U ofT Law from the outside in With the dawn of a New Year comes the preparation for the e\Cnts, both formal and casual, that make some law students overjoyed and others cringe. Por a law school outsider like me, it's a health\· mix of both.

• Let me make one thing clear: l do not attend U of T or any other law school (and would [iil.lj;:;::;;;::= never admit to

BY OtrrsiOI.R X fun hanging out with the underclassmen a.m., and still feeling the effects from a of the world. University was a great messy but memorable night. time. I..a\\ school events, however, I susBeing out on the town and enjoying pected would be a different breed alto- being a student falls on the enjoyable end gether. .My perception was that these of the law school spectrum. The other students would most likely be an older, aspect of law school, howe\'cr, the are:1 more mature, le\'el·headed, driven, and that I'm not disappointed to say l don't succcss-hungf) group of go-getters. ha\'e a first· hand account of, is the class-

'T!IH\'Kl:-.JG BACK T< > ( >UR

F(

attending Os1:--:·Jo V,\RIOUS DA:\CI " 11 O( , f: gootI) c . I m a.. .h h ,\ROl 'ND "J IIF CITY 1 c \t\'T s \) m1 1Jar Wit t e • • ' roin •s on of 1_,\\X.' STl'DE:\TS ARl: '1111. \lOS'! g g ~Rln"111.\IIC . . the t\ pica/ law \I.J.Y-l~CI.I~E~) . , student, as 1\·c BUl\<.11. been observing .

~

from the fnnge of the inner circle for the past few years. Okay, that sounds a bit creep)~ but In all fairness, I was tm~tcd to all of ~he events I've attended. r\nd no, I dldn t h~ck ln.to the L' ofT Lnw Facehook mathng hst. I'm a young profcs sional1n my m1d ·to late 20's, and I was a:;kcd t<~ hri...-e an outsider's descnptl< •n of C\ C.r) thmg law school. \\ hen fir:.t mvitcd to au end a law school LVCilt (last yc.1r's < >ncntat.ion

\\eek "Old I lollywood"-themed bash), I immediately pondered a few tjuestions.

What was the crowd going to be like?

I low would I relate to this group? What would we talk about? \\'ould they be rc· ally argumentative and want to debate cverrthing? 1'-:ccdlcss to say, there were a lot of questions running through my mind and not many answers.

Looking back to my time spent in post-secondary education, I had a lot of

Assuming the crowd couldn't be much worse h t an that at a fe\\ up· h t: tlg t work •unctions I

room life. Sure, Maro's ,.\ tuffin .\fadness brightens e\'eryone'~ day, but when that happens only once a month, you'd better have something else to get you through the sometimes cumbersome schedule (and no, I don't think hard drugs is a \ i-

deem satisfactOf)', I hope you took into account the e.xtra-curriculars. If \ou ha\cn't budgeted time for OJ \ <.,J ..,, I J\\X , IHRP, or any other acronym .. , well, you better have a good excuse come tnten icw time.

on: campus Interviews, or "OCI"s, as a law student would say, resemble speed dating on steroids. The stakes arc higher and the face time longer. Replace the back of one of Toronto's trendy King \X'est b:1rs with a huge Convention Cen· tre room filled with nervous wannabe lawyers in power suits who arc looking to

had. recently attended, I dec1ded to roll the dice d an sec how much fun • 1 ld h 'J' cou a\'e. urns out · · It was hke J had the hot hand at a craps table in Vegas. The crowd was a nice mix of a few underclassmen party fiends, and a few reserved, studious types - the rcmallldcr being a health~ blend of both types.

That hell curve I hear all la-w students arc so fond of was already apparent. < lvcr the cour!'c of the l.tst two years 1 ha\ c made sure to hit puh mghts semifretJUendy, go to Law Ball, check out Law Follies, and attend srJnl<" <> \\cck fcsU\"1rit·s. '! hinkmg back to our forays onro the various dance floors nround the cit); I can't say law students are the most rhythmically-inclined bunch. They do, Pictured: actual speed date. Doesn't look roo different from JOur average OCI, does it? however, make up for their lack of beat recognition with trademarked dance able option ... yet). Course selection make a connection with each hiring moves that I think rrugratcd from Utah, seems to be a strategic exercise where tirm :~ two- or three-person wrecking made a stop on the shores of Jerse); and balancing potential professors, work- crew of !:lwycrs, accountants, and finanthen arrived in Toronto. It should be no loads, and time commitments plays a cru- cial analysts in power suits- and you \ ·e surprise that I\·e had a few rough Fridays cial role. Even if you're able to maneuver got a day from hell for all involved. at the office, trekkJng in around 10:00 your v.:ay into a weekly calendar you CONTINUED at page 9

"Our i~lands are drow ning'' BYCIIRISIII K:--.;1 II~~\~

Xhat do you say to someone whose homeland is sinking? Especially\\ hl·n ·our countf)' i~ one of the highest per capita emitters of greenhouse gases in the

I volunteered with the orgamzation Islands First, wh1ch wa~ assisting Pacific small i~land c.b elopmg States (PSI I) ) in

~orld?

As a third-) car student, I went Copenhagen to achte\ c a ~trong agree ment on climate change.

J"hc Fi ftcenth Confer'ncc of the Parue~ to the L'nited 1:\:ations Frame mrk Con\'ention on Cli mate Change occurred from December 7th to I Rth, and was ~upposed to determine what would hap· en after the current phase of the Kyoto Protocol expires in 2012.

the climate negotiations. The PSIDS arc extremely vulnerable to the effects of climate change, but have hmited resources to admcate their positions. One of my

(31.)

first tasks was to interview ~lr. Noah ldcchong, a prominent en\'ironmentalist and politician from Palau. l•rom our conversation, It wac; clear that .\lr. Jdechong is domg e\erything possibk to protect Palau'c; pcnple and en\ mmment from the ravages of climate change. I Ic came to Copenhagen to n• mind leaders that the survival of small tsland dc,·cloping states is at stah'. ,\ strong climate agreement is necess:1ry, he says, becau:;e Palauans "don't want to get to the stage where we ha\'C to prepare for our own extinction". ~Jr. ldcchong has dedicated his life to marine conservation in Palau. As former Chief of the D1\·ision of !\Iarine Re· sources, .\Ir. ldechong reinvigorated Palau's strong conscn·ation traditions, known as bul, and enhanced them with

new scicnti tic knowledge. I lis work i~ consJ(Iercd to ha\e spawned some of the most important conservation measure in the Pacific in recent histof).

In 1994, ;\Jr. ldechong resigned from government to co-found and direct the P.uau Conservation Socict) -the nation'< onl} cnvmmmental ~G< ). Current!), he serves as Speaker of the !louse of Rep resentauvcs of P.1lau's ( >lbiil Era Kclu hu, and is a ~lcmbcr of the Exccuuu Board of the Clean De,·clopment .\tcrh anism. Abo, in recognition of his con servation efforts, ~Ir. ldechong has received the Goldman Em•JronmCJual Pri1.e and a Pew Centre Fellowship.

Palau i~ one of the most biologicall) rich marine areas on eanh. It consists..

CONTINUED at page 17

8

ULTit\ VIRES

FEATURr S

Keir vs. Kang:

j:\~L \R'l 27, 2010

9

KEIR VS. KANG - from page 8 The e~'Pert weighs in .••

a battle for ultimate summary supremacy

BY CAS~:\:\DRA FLORI<> (31.)

>ne is already the stuff of law school legend (and former Editor-In-Chief of this very publication!), the other a mere 31..

Kdr \\'ilmut's famed summaries h:n e now been passed from 1L dass to 11. class for }Cars, consistl·ntly prompting inst:uu outpourings of enormous gratitude. (1\ctua ·ample response:"< )h my goodness me. This is the nicest thing anyone's e\ cr done for me. I\ c just flipped through the constitutional intro and I'm so \'cry, very happy. o happy. Thank )OU. And to think, 1 was JUSt gctttng down on myself for being a horrible student. ... But now it turn:- out l can just procrastinate and amazing thing ~ill happen for me. Holy slut. This 1s so awesome. And there arc -;o many of them. I'm nC\'Cr reading again. Thank you. Thank rou thank) ou thank you. I'm normally is effusi\'C, right? Thank you. You're like one of those evangeltcal Irish angels sent by God. Or maybe you're nne of those s.mC) -but-\v1~c. Ma) a-Angeluu csqu ngcls. It doesn't matter. Thank you!''- anonymous 1L student).

But tt \\uuld appear that thcre's a new kid in the encyclopaedic summaries game. In recent }cars, jeff Kang has become a frCl]UCnt contributor to the unh·ersc of bot first- and upper-year law summaries. His contnbutions litter the Google group, and more than one current 1 L has been heard to proclaim, "Kang is the new Kcir."

In light of thts emerging clash of utans, Uf/has dedded to see how the two stack up against one another. To provide a sane, balanced assessment of who is truly th King of Summaries - Keir or Kang- we turned to Professor Ben Alaric. Both summaries, wtth Professor Alarie's comments, are reproduced below:

"First I should make clear that I have no hor;c in this race, and that the assessment of the sum manes is based solelr on \\hat was presented to me. The as cssmenr is anonymous. I don't know which is the work of Keir and whtch is the \\Ork of Kang.

I s.u.c;~ect that both. of c~ursc, st:md ~n the shoulders of giants pa'it.

I h~.: second summal) IS preferable 10 almost C\'ery respect, though it should be said that both fall short of the tdeal

\Vh~· IS the ~e.cond better? The second is ~tr<>ngcr in that Jt offers more dcwil sur roundmg the legal r~asoning_ of each of the ju.,ticcs, tndicates the court (though it could be ~ore spcctfic !n thts regard), and prm·ides a better apprmamatwn of the legal pnnctples cstabhshcd by the jud!,.rtllcnt (though tt docs not natl this precise!) either). ' The first is preferable in perhaps only one reg.ud- it properl\' identifies the ailment the smoke ball is supposed to forestall. Hands do\\ n the seco~d summal)' prevails."

-Ben Alaric

The verdict ...

/Keir (2004)1 What court? What jurisdiction? What judge?

Not the issue- the issue is whether there is an enforceable obligation.

Car/111 1: Carbolic Sn1oke Ball Co!!ljJfii!J (1893) (prevention of flu) Facts: there was an ad saying tf you purchased and consumed a carboli smoke ball 3x daily you wouldn't get influenza, and if you did get sick, yo ould recover 100 pounds; the ad said that 1000 pounds had been de ositcd in the bank to show good faith. P bought the ball, followed in structions, got influenza, and sues.

Issue: is there a contract?

Assuming there was Held: Objecci\·cly speaking, a reasonable person would conclude tha an "offeror'' ... the offer was sincere, particularly due to the deposit made. The offe ·a 'buy and use ball, get sick, then collect," the acceptance was bu)ing an sing the ball and getting sick. In this case, offerer wasn't asking for no tificaoon, they were asking for action.

Rule: Generally, acceptance must be communicated, but not, as in thi. ast.., where there is a continuing offer. This is a unilateral contract: offe is "do this for me and I'll give you X," and doing the act counts as accept· ancc- notification is not necessarily requ1red (depends on the nature of the offer). lt was implit:d thmugh the nature of the advertisement that ac· The question should be, eptance need not precede performance; purchase of the ball constituted is this a "quid pro quo?" cceptance. 1\fust consider whether it was intended to be a contract o vas it just "mere puff." Would a reasonable person ta:k~e~thi~·s~to~be~a~s~cn~·o~u~·r------------­ ontract? Are contractual terms being exchanged?

I Kang {2008) I

Isn't it the flu?

Carlillz: Carbolic Smoke Ball Co11pa'!) (1893; C.A.) Facts: The D manufactures a "Carbolic Smoke Ball" which is advertised to prevent catching cold.. \ newspape What court? What jurisdiction? What judge?

I s there an enforceable right to collec n the apparent! sincere gurantee?

d by the D indicates that anyone who uses the ball as directed thrice daily for two weeks and who catches cold will e given £100. The add further indicates "£1000 is deposited with the Alliance Bank, Regent street, shewing ou incerity in the matter." P docs as directed but gets sick nevertheless and sues for the money.

Issue: Unilateral contract. Is separate notification required?

Held: Judgment for the P, the Smoke Ball Company must pay the £100 Reasons: Undley LJ: Was the offer made "in jest"? The words indicate that this is a sincere promise, and not mcrel} "puff" [Goes to intention to create contractual relations]. Indeed, "for what was that money deposited or the statcent made except to negative the suggestion that thts was a mere puff and meant nothing at all?"

Two suggested problems: first, that the offer \.\"aS made to no one in particular. "~ow that point is common t< he words of this ad,·crtisement and to the words of all other advertisements offering rewards. They arc offers t< ybody who performs the conditions named in the advertisement, and anybody who does perform the condition. ccepts the offer." Second, that there was no "acceptance" of this offer. "If notice of acceptance is required ... the erson who makes the offer gets the notice of acceptance contemporaneously with his notice of the pcrformanc f the condition." The ad shows from its language that there is no expectation of prior acceptance apart from performance.

Bou·m IJ: General!}; acceptance must be made to an offer to constitute a contract. However, the offeror is maste >f the offer and hence "as notification of acceptance is required for the benefit of the person who makes the offer the person who makes the offer may dispense \Vith notice to himself if he thinks it desirable to do so .... If the per· son making the offer, expressly or impliedly intimates in his offer that it will be sufficient to act on the proposal with· >ut communtcaung acceptance of it to himself, performance of the condition is a sufficient acceptance without notification." \\' hcther this is "implied" in the offer will ha\'e to he assessed with a common sense understandin .

Rule: (I) An offer is a legitimate offer and not a ''puff" if It so reasonably appears to the offeree. ( ) An offe may be made to more than one person. 'Ibcre is nothing inherently problematic ,\bout an offer to the public. {3, )n the reasonable interpretation of the offer, an offer mav be accepted by the action which it requires, and no sep· rate acceptance might he necessary. The offeror C.'ln (c\'cn implicit!}) wai\ e the notification requirement for accept cc.

CONTINUED at page 9

1t would seem as though there is a new shining star in the summaries game_ Kang's summary not onlr managed w cram in three times as many "puffS'' as Kctr's, but also earned u ringing endorsement from Professor Marie. Is regime changl' all but inevitable? Only time will tell ...

By the numbers ...

We don't know what the prob\em \11- that contraption \oo'I<A cotn\)\ete\y eUect\'lle.

OUTSIDER - !rom page 7

Instead of going from one mini table and two mmute date to the next, you go fro nc firm's tent and 15-minutc interview to the next. If this doesn't sound bad enough • . Iready, I've heard they even have a bell. Speed dating doesn't seem desirable. OCI. ook to be 100 times worse. Honcsth, from all the talk about firms wining and din in their prospects almost as well as a Dtvtsion-1 l.S. school wines and dines its footbal recruits, it's surprising that they don't sponsor an open bar pub night event at the en >f these excruciating few days. \\'ouldn't this be great? Everyone could attend an :hare horror stories (and yes, everyone will share horror stories- even if you don' ave one. ~o one likes a show-off, so even if things went flawlessly, pretend like yo rot punched in the stomach). \X'hen making the pitch for such an evening next year I gtve the SLS members permission to usc my suggestion as a third party's audit of the process. If it flies, I expect to see an honorary invitation in my inbox.

From my well-placed distance, law school isn't as miserable as I originally thought.

It offers its students an experience unlike many others. Por those who arc able t ithstand the never-ending, psyche-draining study nights, wrist- and finger-dctcrio· rating lectures, pressure-packed interview processes and exams, and much-ncedc ub nights and Reading Week escapes, there arc life-long friendships to be had, highl) e\varding career paths to be pursued, and a sense of accomplishment that not man} ret to feel. For me to have gleaned all of this from just outside of the inner circle i robably best. I'm not sure if I would have been up to the A-Team's lofty standards

Here are vttluttble rettsons why you too should belong: Yours truly, Outsider X

==========ADVERTISEMENT========== Law student required to assist in social media campaign for law firm with offices in Durham and the City of Kawartha Lakes. Experience with Face book, Twitter, Linkedin and Blogs required.

We offer an opportunity to work remotely together with part-time flexible hours. Pay commensurate with experience and/ or performance. Submit cover letter and resume to darla@ russcllalexandcr.com by February 15,

2010.

AU submissions will be kept private and confidential.

Free Membership Get Nof ' " F""" ce ...rofile Gain New Knowledge and Keep Informed Save Mo•. J Don't wo1t •"Y longer o'ld JO<n the e..er-gro....ing g-oup of low ~chool mdents w+!o ore enJoying the mony benefits of cornpj,mentory CBA..OBA member:hlp •

Neod moro mfo?

ContOCI ow Ontano !lor Association Morrblrshzp 0opartmont 8t rnombonhip0ob8 org 1~ « 416-869 1047 on 314 Join onlono ot ~ obo.org/studonts

FI~\TURES

10

ULTRA VIRES

Wanna kno"VV "'hat Last issue, Ul /published an extcnst\'C analysis of the Toronto OCI recruitment process for second-years. As the first-year class now begins to look towards making summer plans, UVis here to help once again. Over the next four pages, we have collected write-ups from fourteen second-year students, rcflecung on their first-year summer expcncnces.

IHRP internship

BY BR1 NDA

MORR1 ON

(2L)

I spent the summer working from m) outdoor desk in the back garden of the house that the men, women, and chddren of Burma Lawyers' Counol (BLC) make their office (and many of \lthom also make their home). ( )ur chef, Auntie Aye, would cook the usual lunch feast behind me, \\hilc m) boss, U ,\1yo \'\'in, smoked cigars, ri{led through the Burmese J>mal Code, and sweetly sang that Beatles classtc, "1 Icy Jude, dohn lap me dow".

During m) umc at the BLC, I worked primarily with the Legal 1\nalysis Department. Our main role \Vas to report on the \arious legal tssues tn Burma and document ltny \'t()lat:ions of domestic or international law taking place. I wrote reports on violations of the Bar Co11nril Act, the l\fvnnmar Pmol Code prm·isions against slander and defamaoon, and the applicability of Burma's former comtituuons Ill current criminal trials. In addiuon to this, I wrote speechec; for the Chatrman of the BLC, U Thein Oo: communicated to foreign embassies on behalf of the l.c:gal Aid Department regardmg the Yalidity of marriage certificates for refugee resettlement applications; and helped out on c)Cca~tnn hy teaching English and comparattve consututtonal law in the e\·enings at the law school outside of town.

Working for a small ~GO in Southea.;t Asia i:; a :;lower pace of life than the one l haH' lh ed thus f.'lr, and the one that I foresee for myself in the future. Time is taken during the day for conversation over dgarettes, watching the ram, and helping · to cook and clean. I arrived here with an inexperienced intere~t in international cnmmal law, and after worktng side-by-side -with lawyers who had their practices shut do\\ n in Rangoon, eJected parliamentanans \\·ho were thro\\ n in jail without trial, and refugee law students who cannot leave their safe-house, my passions for this pracuce have been Ignited.

Uni:versal Music Legal Affairs Department BY 0:\t-.A DomGE (21.)

,.

Last summer, I worked at Universal ~1usic Canada in their Business and Legal Af. fairs department. I was one of two summer student legal interns. At Universal, I \\"as given the job of reading ove recording agreements, and I also di mini research projects for Universal'. in-house counsel. ~1any entertainment la\\'}·ers hav big firm backgrounds, and, over th summer, I had a chance to lear about what working at a firm woul be like, even though 1 was workin closely with a small group of lawyers.

Coming in with no connections to the entertainment law community, many people have asked me how I got the job. Last year, I was luck) enough to haYe bee :tired up with an entertainment lawyer as a part of the COO's mentorship pro ram. My mentor worked for Universal Music, and after a se.ncs of conversation. ·ith her and an interview, I was hired. The best part of my summer, however, wa. seeing Lady Gaga at the ;\luch i\Iusic Video Awards after-parry. That was ama% ng!!!!

Nat1ona Hoc ey League Players' Association

BY ABR,\R

II UQ

(21.)

x·orking at the. :'\.anonal Hockey League Players: Association (r\.HLPA) this pas summer rrul) \\as a sports fan's dream come true. I mean,\\ ho wouldn't lm·e, a'" rdated job where spending an inordinate amount of time on fS:\.c: and SP'\.com is not only tolerated, but usually encouraged? . \sa summer student at the '\.HLPA, I priarily worked on salary arbitration cases and assisted in contract negotiations for restricted free agents. 1 became well-wrsed in salary arbitration jurisprudenc,c and was the rimary author of the written briefs for up to tweh·c potential arbitration cases at one nmc.

I participated in conference calls with agents, rm·iding them with any support they needed in helping their clients to get the best ontraet possible. As the su!11mcr progressed, l got to meet some oi the players ·hose ca~es I worked on. It all culminated in the arbitration hearings at the end of the summer, an intense t\\·eh-e-day period where we submitted our written bncfs whil simultaneously preparing for hearings, hclptng our in hou:;e and outside counsel repare rebuttal exhibits, and systematically demolishing the written brief-; sub mitted by the NIIL teams.

Overall, l became an expert at citing obscure stallstics (I'm probabl) thl· onl1 person in the world who knows th<~t the 200H 09 St. Louis Blues were an .HO( team with B.J. Crombeen playing top 6 minutes and below .500 with him in th )Ottom 6 , and intimately familiar with the contracts of seemingly irrelevant player.

(Frans r\tclsen is a steal at SSSO,OOO a season). ~onethcless, I gained some rca! skills, ltke honing my written ad,·ocacy while learning how to prepare for a hearin ·n a short period of time. Plus, nobody yelled at me for spending \'aluablc tim ·n the office reading sports blogs. 1 wouldn't have had it any other way.

Canadian Civil Liberties Asso• • ciation l3Y JoSIIt.\ CIIA.\1 (2L)

I volunteered full time at the Canadian Civil Liberties Association (CCLt\) as a summer student. I really enjoyed my time there. Coming to the Mganization, I had no idea what to expect. From what I could gather on the webstte, and from my intcrviC\\~ l understood one thing for sure about my summer position: I would be discussmg the Charter at least once. Loolcing back, I can safely say that I did the following: (1) discussed the O.wtrr, as wcll as parliamentary bills, constitutional case Ia\\~ legislation, and everything in between; and (2) learned not only about human rights, civil liberties, and the law, but I also developed practical legal skills and research skills.

On m) first day, my supervising lawyer asked me to read a case and examine the possible consutuoonal issues, specifically rcgardtng Section 7. Clancin~ at the otlc of the document, Kbndr1: C.imada, it took me a second to think about why that name was so familiar. As the months \Vent by I went on to learn about defamation, policc records, the Ca11ada l!.t•idence Act, death penalty assurances, and CSIS. Amon!,rst other things, I realized that CCI.u\ taught me a lot about Canadian legal issues.

The atmosphere was warm and welcoming, but the relaxed atmosphere did not compromise the intcgrit) and guaht:y of the work the CCLA does. From a student'~ perspective, my project directors and mentors were supportt\Je of my work and were always available tf I wanted some feedback about m) \\ork or if 1 had any questions about the law, law school, or even just life. I felt tl1at the environment compels )OU to work your hardest, not just for the legalis:;ues, but also fore\ eryonc on the team, cwho you know and can relate to inside and outside of the office.

A~UARY

27, 2010

FEAT RES

I did last IP boutique lh K't IJ•

F1 R<;Lso~

11

SUD1D1er? r . -.

(21.)

One of the best parts of summering at an IP firm was the e.xciting work that I was given, even as a first-year summer student. \\'hile worktng on pharmaceutical patent litigation, I saw, first hand, that this is indeed an industry deserving of its reputation for being litigious. I navigated the complex legislative scheme for obtaintng (or prcwnnng) appro\ral of pharmaceutical products, and worked on a sub-committee providing comments on legal issues surrounding propo~ed legislattve changes. I also drafted responses to the Patent ()f. ticc regarding new inventions, and learned about the trademark issues that surround the launch of products as unassuming as .t new deodorant. \\'hilc I didn't usc any substanti\ e law from first yL>ar, what I did usc was the ability to teach mvself areas of law that I ne\'cr knew existed.

The particular IP firm that I summered at was ''off Ray Street". ~That iS not onl) a reference to its address. Sutts were not worn on a rchrular basis, dmners were not c.'lten • at the office, and I never hal' to watch the sun set (or nse, tor that nutter) from my office '-\-indow. :\\ultiple time:;, l recc1vcd ass1gn rncnt ,dth -a:hc ,;pccific 10 trut-uon "not I<> t:l)' late\\ nrking on it". '/'he fcasibilll) ot a trut• '\\<Ork lite bal.tncc IS .tn artrdctnc fr.:.tt urc of an ll ' bouri<:JUC.

t\nother grL"at part of :;ummcring nr a firm after firsr year IS that, rf you cnjo) Hand arc offered a position for the next :;ummer, you \\·ill not ha\ c to go through the su-css of the OCI process. ror those intcre~tcd in I P, an I P boutique is a territic chcuce. \\'ith exciting projects, friendly offices, great rrcining, and lots of mentorshtp, I can't watt to go back.

Litigatio n boutique

BY CHRISTOPIILR YL :\G (21.)

)\Xrith dozens of practJce areas out there, many lLs haven't a clue as to what kin<J : >f law they'll practice. I was no different. In my first year, l had taken ever} • hance I had to try oral advocacy, but what dtd l know about being a litigator? M) :summer at a litigauon boutique gave me an incredible insight, and looking back ·t's amazing how much I learned.

The main focus of the firm where I summered is high-stakes class action law ~uits. The flies were massive, and I started my summer by reading up on complex ascs that had been in the works for years, with both sides fighting hard at ever) !Step, and with millions of dollars at stake. The cases were also at the forefron~. of ·!the law, and I helped to research several noveltssues. This inclu·d~~ .whether hrst Nauons people should be compensated for a "loss of commuruty tf ~n ~n~u~~ !mental tort forces them to leave their reserve, and whether the Omprers Liabili!J V1ct applies to the Crown and P'irst Nations reserves.

The cases were handled by the firm's die-hard litigators, who were sharpened to azor points. Just watching them was an experie~ce .all its .own, and I was con ~tantly impressed by their commitment to, and pnde tn, thetr w~rk. At the same :!time, the firm's boutique culture had us spending many summer rughts hangtng ou1 'jwith beers on a patio. .

During my "crash course" in litigation, I was able to hon~ ~y research and wrtt ·ng in ways that I feel really paid off this yc.ar.. The best.mstghts, though, cam~ from accompanying the lawyers to court, whtch ts something that all s.ummer stu ~ents should ask to do. There's still a lot I have to learn about wh~t.tt takes be a itigator but the main lesson I learned this past su~~cr ts that a true ltugator knows ·that, in the courtroom, the lawyers do make a dtfterence.

•

I•

Injured Workers B\ ..,,

1111 ~I II HJJI:;o:--;

(21.)

.-. , •

I• ti>J

I Last summer, I worked full-time for U ofT's ''other'' legal aid clinic, J\dn>catcs • Injured \\'orkcrs (AI\\?. AI\\' represents injured workers in workers' compensation• .tcti~ns and related areas of law, tncluding employment, human nghts, and ci\·illit·l tgauon .

• For many, their mental image of workers' comp probably evokes scenes from The• \'illlj>.rolls. [n one episode, llomer attempts to game the system by gaining MXt)l pounds, ;~nd Bart dreams of following in his ta:her's foc~tstc~s. "\X h.~n I grow up," he tells Ltsa, "I want to be a lardo on workmen s comp, JUSt ltkc. dad. Lenny sums.

• tt . up: ...tt's l'k ·1·tty."

1 ·c a Iemery t I1at rewanIs stupt(

l

1

The reality, I t(mnd, is guite different. ~lost of our clients work in labour-intenJ I si\·c jobs. ( )ur clients include construction workers, factory worker~. and othe • forms of ''general labourers''. .\!any arc recent immigrants with limited English• ~ kills. Few ha\·e any knrl\\ ledge of their rights or the resources to enforce them.l !'heir injuries throw them into a systl'lll much more akin to a Kafka nm d than ~ • \'illtj>J()!/J episode. The luck) ones overcome their injuries to return to their old. l ob:.. ~lost of our clients, howe\·er, ha' e long since been fired. \

I

•

• •

\•

I •

•

\

I •

I• I•

}

I• I

•

I •

The Worker's Compensation Board shunts indivtduals into a program calledl J abour market rc entry. The Board selects the wo~:er's future career- usually in ~1 menial position, such as parktng lot attendant. I he Board then sends them to• •small, private colleges that no one has ever heard of to "learn" to do that job while lconsultants monitor their process. When the "course" is ove.r- ~sually after a fc"·l b ecks - the Board assigns the workc.r a "deemed" wage, wh1ch iS what the Board ~stimates tha:t the worker ought to be able to earn. The worker's benefits will be... lbascd on this wage, and then it's out the door. The colleges and consultants typi·J IeaHy pocket tens of thousands of dollars per worker. As for the workers, nearl) . half remain unemployable. Some lottery.

• Our jobs as summer students consisted primaril} of dealing with the Board an'l ~rying to secure some fairness on our clients' behalf. Some Board dec~sion~ wer~J so asinine that that we all felt like pulling out our hatr. \X'e had one clatm reJected• ~ecause, as the Board pointed out, "the bone scan revealed no muscle damage."

1\v inning a point, howe~er, coul~ be ~·e.ry rewarding, as even small victories couldl b ake a large difference tn our clients ltves.

• We also had the opportunity to argue our cases orally, either at the Board or art' l thc .\ppeals Tribunal. The Tribunal is quasi-judicial body, staffed by actuallawyers1 fwhich oversees the Board's work and injects some sanity into the system. A high· .light of my summer was arguing nvo cases before the Tribunal.

• The best part of my summer, however, was working alongside seven other V of st~dents. I had a wonderful time and developed what I'm sure will he lac;tin!!J frtcndshtps.

•

Jr.Jaw

•

I

L--·-·-·-·-·-·-·~

ULTR \ VIRI~

FEATL RI .S

12

Donner Fe BY

• kK•d Slc I S

K:m. BJI•RRI:->G {21.)

Full-service firm (1)

BY ARDI''I.: Bl DDOI.~

(21.)

I first hear<.! of the Family Legal Health Pro· gram, run b} Pro Bono Law Ontario at th

llospital torS1ck Chil<.lrcn,m "-0\·embcrof nl) first year when one of our Bndge Week panel , lists made a passing reference to "that great nC\\ pro bono project at Sick Kids". It sounded in· triguing, so I followed up w1th the panellist. I turned out that the program was a rdati\·cly new initiative that had placed a "triag lawyer" at Sick Kids to dispense free legal informacion, advice, and referrals to pa· tients and their families when it became clear that a "legal issue" - that is, an issu dth a possible legal remedy- was ncgati\·cly affecting a child's health. I lo\·cd th ~·hole concept of the program and was determined to find a \\·ay to get im·olvcd.

I started \·oluntecring right away, for an hour or two a week, dmng little bits of rc· ,earch and tagging along to meetings as a notL tak<.:r \X hen January came around and the law school started buzzing about PBSC's Donner l·ellowships, it occurred o me that this might be a perfect way to tac1lttate a summer at the program. Th )togram director and I d1scussed tasks that 1 could propose in my fellowship appli· ;ltlon. These included keepmg records of intakes, referrals, and resolutions, writin asc summaries for program evaluation, and dealing with any research issues tha :~rose.

I was fortunate enough to rccei\·e a Donner Fellowship, and worked hard to sta) m top of all of the tasks that I had outlined in my application. It was a great exercis n multi-tasking! I am still volunteering with the program, and 1 have no doubt tha my contributions have been, and continue to be, appreciated. More importantly, 1 ave been able to sec first-hand what a major difference a dedicated legal ad\·ocat an make to families in desperate circumstances. I really cannot imagine a mor meaningful way to have spent my tirst year summer.

0\ crall, I had a good experience last summer at a Bay Street firm. I found the at mosphcre of the tirm at which 1 worked very pk-asant, and mo!'t of the senior la>wJCrs were not the stereotypical O\"Cr-worked and unhappy corporate lawyers. I also found the \\ork inrcn.:sung. Firms vary, but I was treated exactly the same as a second-year summer or arucling student - the partners usually did not know v.itich I was. Th1s meant that I got a fair amount of real work, and real responsibility, which, in n1rn, meant that I got a good feel for what working at a firm IS .really like. Thts has E,riven me a lot of perspecth·e regarding what kind of career I 'J like to have relatively early in law school. In fact, a rotation in the litigation group made me realize that I want to be a litigator. Another positive that wmes from working at a firm in tirst} car is that you arc often gi\cn a lot of flcxlhllity in terms of what you'd like to do in ) our ~ccond summer. Many firms will pay you to do an internship in your second summer 1f you worked there in your first summer. ( >n the downside, while my hour<> were acn1ally not that ba<.l (I only stayed past 6:00pm a few times), that is not necessanly typical for all firms and all mdJ..iduals.

Some summer students definitely do work long hours at times. As well, while I found the work \cry mteresting, I could definitely understand if others did not. Corporate law is not for everyone, csp(;cialJy people who don't have an inherent interest in corporate finance/business. \\orking at a firm in your first summer, however, is a good oppo.rtunit) to find out if you're one of those people at a very early stage.

JANUARY

27, 2010

13

FEATL RFS

Pro Bono Students Canada

BY CIIRISTI:-;A DORIS

(ZL)

There were a few things I knew that I wanted out of a summer job after my first year of law school. I wanted a job in th(; public interest sector, I wanted to be working with other people rather than on my own, and I wanted it to be less strenuous than ffi) first year at school. I interviewed with PBSC, and had a really good feeling about the organization. [ liked the students and lawyers who I met who had worked for PBSC previously, and the JOb seemed to have a good balance between in dependence over my wo rk and collaborating with o thLrS. \\or king at PBSC cn·cr the. _ummcr was a lot of fun. It was a small office environment but I also got to be out in the city, meeting with lawyers and setting up public interest placements for the upcommg year \\orking at PBSC was a great experience because 1 was able to learn about the legal public interest sector, and because the work was nried. 1 was able to refine different skills which will be useful wherever I work in the legal profession. lt wa~ a fun summer and a great war to learn about public interest Ia\\~

BY DA\ m l·oRSAn 11-1

(2L) &JESSICA

IJll-fWICK

(2L)

Hrer tirst )Car, we spent our swnmers at a big, Bay Street law fim1. In our viC\\ there art• sc\·cral benefits to pursuing a first }car summer law student posinon witl firm. At the ,·cry least, preparing )our application package and/or participatin n the imervit·w proces~ 1s an asset for second-year (>Cis. If you do get a po itio 1 he most obvious benefit is the opportunity to learn more, earlier, about the re:ll tics and practical clements of the practice of law at a firm. For those like us, whc 1avcn't dedded what areas of law we're interested in practicing, another advantag s that first-year summer students have the opportunity to work in more practJc re:ls before they become associates. Practically speaking, it is also very convenien o be able to circumvent the OCI process. ;\!though \\ e can't speak for other firms, in our \'icw, a first-year summer posJtio s a very rewardmg e..xpenence. At our firm, we each went through three .rotations X"lJlilc not all of the work is glamorous, \\e felt that we had the chance to mak ncaningful contributions and work on rt':llly interesting files during the summe Examples include acting as duty counsel at small claims court, and being invohe · • n large corporate transactions. \\'e also assisted in writing facta, and attcnde 1 :! ourt. There was a healthy balance between real responsibility and student support ~the mentor program and student seminars ensured that we had access to the skill j nd information that were needed to have a successful summer. \X hile we student hook their work seriously, the firm also organized a variety of fun student event hroughout the summer, that allowed us to de\·clop relationship.; \\~th our peer, amide of the office.

There is a wide-variety of exciting first-year summer opportunities, mcludin first-year firm jobs. \X'e feel that ·we gatned a lot from the experience and arc ex ited to return to our firm this summer.

f

Downtown Lega Serv1ces

LAWS

BY Km ~ M \COo:-.. \W (2L)

\'forking with the LA\\'S \outh Summer Program YSP) IS sort of like being a camp counsellor and a U of T Law professor (tn training, at the same time. The YSP is designed to give keen high school students a taste of law school. Participants from all over the world arrived in Toronto to take part in the program. They hved in resa.lence, attended lectures, and learned about the law. J\s educators, our job was to dcsibl11 an engaging curriculum that taught the basics of criminal law, public international law and addn:s~cd other "controversial issues" facing the legal community (such as corporate scandals and patent law).

To keep thing~ fun, each week involved one major activity. For example, particip:tnts learned about criminal law by preparing for a mock trial and contemplated controversial issues through a parliamentary-style debate tournament. During international law week, our students de\'clopcd ad\C>cacy campai!-,111S and visited \\'ar Child Canada's head office for inspiration. ( >ther highlights included brucst lectures by several U of T professors, visits to a different Bay Street firm each week, and a Skype videoconfcrence with lawyers in The f lague. O verall, gctung to spend the summer engaging with such interesting and enthusiastic youth, co mbined with lots of pizza, imprO\ isation, and silly games and riddles, m ade for a \\ onderful change of pace from the business o f I L yL-ar.

5 years ago in UV ...

Researc ARI,\ h.\SIIl II

IU of T P rovost b a cks D ean (2L)

X.orking as a Research Assistant is a great way of getting exposure to cutting-edg evclopments in a field of law that you are interested in, building good workin elationships with faculty members, and learning research skills which are sure t e useful to you throughout la"" school and beyond.

I spent my summer working for Jacob S. Ztegel, a reknowned professor t mm iiiJ n the fields of commercial law, consumer Ia\\, and bankruptcy law (among others).

1y day-to·day work included assisting Professor Ztegel in writing scholarly articles apcrs, and books, as well as working on the man} research projects that he had oing on involving various aspects of the legal world. At the end of the summer !though I hadn't learned the gritty details of the areas of the Ia\\ in which I wa orking, I had a considerable understanding of the structun:s of commercial, consumer, and bankruptcy law.

Perhaps the two most valuable aspects of being a Research Assistant, however re the well-polished research skills that you arc sure to walk away with, and the pportunity to work one-on-one with some of the best legal mmds in the country. \;o matter which professor you end up working for, you can bet that observin he1r work from the ground level will teach you a thing or two about law school. ccdless co say, law firms will also look favorablx upon your experience as a Re ~earch assistant.

!Daniels' plan to relocate law !School frhe law school is considering relocating to a nc\\ site on the St. George campus 1- just south of Bloor and west of Varsit} Stadium, on Devonshire Street. \'\'hen speaking to L.ltra V ms, Dean Daniels explained that the need for hangc to the Faculty's location was as a result of significant growth in the number of faculty, student programs, and •;tudent services requiring auhrmented physical space. In addition, Dean Daniels expressed concerns over the fact that the school's current facilmes remain inaccessible for physically chalcnged students.

Reaction amongst staff and students w the announcement was positive.

Some student leaders hailed the possi· blhtJes for increased office and student 1work spaces. Others commented that the current buildings contain sufficient space, but the space is not dcsihmed for optimal usc, citing the washrooms as needing imprm·ement, as well as criticis'ng classroom dcsi!-,rn. The U ofT Stulcnts' Administrath·e Council, however, f\Vas less pleased. It had been lobbying to ha,·e the land set aside for a student union building, and had believed that that goal was within reach. '!'he SAC Executive was "shocked'' when Ul ' informed them of the Provost's decision o support the law school's h1d for the and.

L aw s tude nt investigated in bookstore theft A University of Toronto law studcn was recently under im·estigauon b\ cam· pus police in relation to the Nm:cmbLt theft of nearly S14,000 worth of books from the U of T Law Bookstore. 162 of the 261 missing books were discov· ered by UV staff in an alcm·c next tc the ( 'V office in the basement of Fal· concr Hall, mctJculously stacked ir boxes and covered with a blanket. Fol lowmg the discovery of the books, po· lice composed a note addressmg the student suspect by name, urgmg him t< report to the authorities, and claiming that a fictional hidden camera had cap tured the student's image on police cct\'.

Campus police later learned that thc student suspect was advertising those particular books for sale in a not< posted around the law school, and had been obscn·cd by Ul ' staff lurking in the alco\'e area around the time of tht disappearance. This student suspect ha~ been known to administration for some time in connection to other incidents around the law school, including inci· dents at the book store. f lc is the same individual who has been spotted by Ia\\ school caretakers leaving unattended classrooms on several occasions late at night, while the school has been cxpcri cnc1ng a spate of thefts of chalk erasers, lightbulbs, electrical cord , and swi\cl chair wheels from classrooms.

BY 1\.lt(ll.\1:1. H\\1\T\ (2L)

Xl'orking this past summer at Downtown Legal Sen ices was cooler than the othe side of the pillow. I got to go to court regularly, and was able to help ffi} O'-" lients find their way through the trials (zmg!) and tribulations of family law in On ario. \\'hen people come to DLS, they are often extremely upset, confused, and dis· tressed as a result of their legal problems. They have been denied legal aid, and cannot afford a lawyer. Many people don't fully understand the nature of their legal issue, and may be running out of hope. 'Io be able to reassure clients, and to even· tually help the legally disenfranchised, is a truly great experience. There were alsc free snacks provided at Se\·eral meetings.

Other highlights included a spirited impromptu public legal education seminar fo the kind members of Roral Canadian Yacht Club, concerning the nuances in mar· time p1racy law, wh1ch rna} or rna\ not have resulted in a dishonorable discharge.

I iowever, my real key takeaway? Don't let Padraic Ryan try to fix your computers cspite his claims to the contrar), he doesn't really know how.

IMWARY

OPI'\IO'\.S & EnrroRI,\LS

27, 2010

Parliament, interrupted: the case against prorogation •

Canada's role in Haiti: lessons from the 2004- tsunami

BY Asuu,y .\fck.L'-iZIF (lL)

That said, the immigration department forts in f laici, we should adopt a program 1\s many rL-adcrs already kno\\; the world ary l to 11, 2005 on their 2004 ta:o.. rewitnessed a horrible tragedy in the island turns. If donations were made to eligi- has given priority status to adopcivc chil- that ensures greater effic1ency. In the af nation of H aiti on January 12,20 10. An ble, registered charities, this scheme dren and unsupervised dependents of termath of the 2004 tsunami, the ll"' earthquake of catastrophic m:1,1,mitude allowed indi,·iduals to recc1vc tax relief Canadians. The department has not, as created a program called "the Cluster sys· occurred at 4:53 p.m. local time. The one year sooner. The t.ffectivcness of of ret, prodded a timcline for anxious tern" to coordinate relief efforts for fuRed Cross csumatcd that 45,000 to this mcentivc \Vas surpnsmg. Accordmg Canadian parents in the adoption ture disasters. This program has helped 50,000 pwplc died as a result of the to the Canada Revenue ,\gency, the process. \XestJet offered to send a plane to get water and sanitization experts to quake, but Lieutenanc-Gcncral Ken amount of donations claimed for the to the destroyed nacion for immediate rc· Haiti within days of the carthguake.

Keen, an J\merican in charge of rehef ef- 2004 tax year increased to 0\ er $6.9 bil- trie,·al of the adopted children, but the) \\ h1le a quick relief response is essenual, forts, sa1d that the death toll could be as lion. In a winter 2006 report, the Cana- had to wait until Canada asked Haitian Canada should also have an eye to the fuhigh as 200,000 people. J\ t least 25,000 dian Re,·enuc J\gency ( R \ stated that Pres1dcnt Rene Prc,·al to appro,·c the ture rebuilding of I laiti. l\ British disaster response bodies have already committee released a been buried, and interreport on the rehuildnational St'arch-andre:;cue m1ss10ns arc mg of the 1\cch rcslowing as tht• world ""21..,._......... gion after the 2004 rcfocmes on the task :-::;:~~~~ tsunami.

It found of helping f laiti to re:-.._.;~ that a significant build. Tht' Canadian number of the 14,000 gm·crnmcnt is organhomes built by British izing an international charities in that rcsummit on I iaitian rc•fi! g1on had to be refitlief for the week of - - - - - - - -- - ------.....;;......;..__ co_n_fi_,r_m_e_d_d_e_·a_t_h_to_u_in_P_or_t_-a_u_-P_r_i_nc_e_~_·_as_rru _·_se_d_t_o_l_s_o,;..o_oo_._ _ _ _ _ _ _ _ ___. ted or demolished )anuary 25, in an effort to assert \cadcr- this "\\":Is the hi~hest amount e'>·cr donated pcnthng adoptions. Pre\-aI\ apprm-al was and rehuilt, since they were not capable sh\'fl o"\'er the emer~ency rchef and re- in a ~ing\e tax year. final\) obtained on January 22, hut only of wtthstanding the seism1c shocks bu1k\mg \)to\ect'>. \ S\tggest that the Such a \)tO nM has hcen ado\)tcd as 86 of the \54 orphans in the Canadian which phgue the Aceh region. The rush Canadian gm·ernment should look to the part of the l .~. relief response to the adoption process were .!,>iH•n permission to gi\e relief superseded the need to lessons it learned in the aftermath of the [ laitian earthquake, and a!so ought robe to enter Canada. The rem:tining 6H '' cr·e think long· term. Sirnibrly, C.trl•tdran r-c 2004 Indian Ocean tsunami for J.,>uidance employed in Canada. The United '\a at an earlier stage in the process and had lief efforts should be geared to longer in proqding emergency relief, and raising tions has pleaded to the world conn u to remain in I laiti. Adopt in~ Canadian term solutions. The Caribbean is prone funds for rebuilding I Iaiti. nity for $560 million to assist quake parents arc terrified that their children to floods and hurricanes.

Poor!} Prime Minister Harper issued a state- Yictims, but rebuilding I laiti will certainly will be injured or killed as the orphanages thought·out relief efforts spurred by a ment on the day of the earthquake: be more costly than that. While one may may bL oYerrun by looters desperate for desire to get things back to normal will "\Vhilc officials are currently assessmg argue that a tax relief program could food and watt:r. lca\·e the island nation particularly vulthc damage and the possibility of Cana- cause undue fiscal strain, I larpcr's gm·This implcmentatJon is a poor contrast ncrablc during the next hurricane season. dians mjurcd, Canada stands rt.ad) to ernment is unlikely to feel the pinch if it to the Dutch response. The '\etherlands Ham has suffered immensely. The provide any necessary assistance to the adopts requirements similar to those sought and obtained Rene Prcval's ap- Camdian government's response to this people of Haiti during this time of used in early 2005. The tsunami taxation proval of pending Dutch adopoons as cns1s has been substantial, but it is far need." The next day, \1mJster of Inter- credit incentive likely encouraged ncarl) earlv as January 18. \Xi h1le Dutch- from perfect. If we accept the silver linnational Cooperation Be,erly Oda an- 200,000 Canadians to donate funds over adopted children were 10 the arms of ing to th1s tragedy suggested by Brian nounced that an inicial SS million would a ten da) pcnod, and could, therefore, be their new famtl) members, llaitian or- Ste"\\art, this earthquake could be an opbc made ava1lable for immediate human- used to generate additional monetary phans in the Canadtan adoption process portunity for llaiti to recreate itself. lf itarian assistance. Over the next week, support for the carthguake victims. were still waiung. The government has Canada 1s serious about leading the rehcf Canada's aid to Haiti increased drastically. not given adequate reasons for the delay. and rebuilding efforts, we must do more The federal government has committed Adoptees and D ependents Although the possibility of child traffick than our best. \Xe must apply our knowlto give an additional $80 million in hu- \1onetary rud 1s onl) one aspect of the ing is very real, the Canadian government edge from the tsunami disaster to achieve manitarian assistance, to be div1ded be- Canadian government's response to the could guarantee the safety of the or, long·term improvement in Haiti. rn·ecn the lJruted Naoons, the Red Cross, situation. The government has, and m ust phans from both looters and traffickers.

If, like me, you plan on cmergtng from Canadian NGOs, the World Health Or- continue to, apply the insights gained in They could bring the orphans to Canada your cave in the carrels of Bora Laskin ganizaoon, and other groups. The fed- the 2004 tsunamt. Canadians who have while the provinc1al governments certify to offer aid, the CanadJan International era! government is also matching offered to adopt a child will have to wait their would-be parents. This may be an Development Agency (CID.\) suggests donations given by individual Canaruans unti l the situation has become more sta- expensive and uncertain undertaking, but that the most effective help you can give to eligible registered charities (as of Jan- ble. This JS a lesson learned from th e I think that would be preferable to leav· is money. Do not send rchef goods. uary 23, an amount in excess of $67 mil- 2004 tsunami. In the aftermath of that ing them in HrutJ. Prime Minister Harper Monetary donaoons allow relief staff to lion). This means that the federal disaster, some devastated countries al- has said that "Canadians have asked [the purchase goods locally and save on both government has already committed $152 lowed expedJted adoptions. The govern- government] to do everything in [its] time and transportation costs. But make million to aid in Haiti, and IS prepared to mcnts of Sn Lanka and Indonesia, power to help." The current state of sure that you donate to a registered chargo even further. however, soon forbade anyone from tak- Haitian adoptions is not the best that the ity. The CRt\ warns that there are manv Interestingly, the government has not ing children under the age of 16 out of government can do. Canada would do groups poised to take advantage of you.r adopted a strategy that was used by the the danger zones. This was not a callous well to emulate the Dutch response. generosity. To ensure that your money is Other lessons have been learned from given to a registered charity; and therefederal Liberal government in response decision. Canada's Immigration Minister to the 2004 tsunami. As part of that pre- Jason Kenney has recently highlighted the 2004 tsunami. The aid response to fore helps the millions of people who arc vious relief effort, the government al- confirmed reports that the chaos follow- that disaster, although substantial, was displaced, starving, and sick due to the lowed ind1,·iduals to deduct charitable ing the tsunami allowed child trafficklrS extremely disorganized. If Canada plans earthquake, ,·isit www.cra-arc.gc.ca and donations which were made from Janu- and kidnappers to falsely adopt children. on leading the relief and rebuilding cf- follow the link "Earthquake in I laiti".

15

In defence of perogie Parliament

B' Srt PHI ~ IIL'TOII~o~ (2L) Br ,\ARu~ CHRbTOII (21.) i'olitics can make unexpected superstars. This is disingenuou~. Prorogation has 1 k ' · n recent wee ·s, 'prorogauon" has become something of a buzzword: on the lips of ~n the past year, prorogation has jumped on!)· ever been uscd when the govern- c· 1 · t 11e press, on t h e Internet, on campuses, and in the heart o f every .anattans, 1n from dusty constitutional textbooks and mcnt's a••enda IS complete, and ncn·r to h · conccrncl1 a1)()Ut Can:u1ian democracy. Prorogation hasn't been this n uman 1>emg onto the front pages. For those unfamil- escape parliamentarv. accountabilit)'· · · · · 1ast year, w hen ·It h at1 to share the limchg · h t with "the exciting smce ... we II , s1ncc 1ar with the manoeu\'re, a little cxplanaSecond, the}· contend that prorogation ~oa1·1t1on. · " Hut now Its · • h ac k·Wit · h a vengeance. tion might be useful. Parliament sits in hci()S the stock market. '!"he threat of a ,\lost notably, d iscussion about prorogation has rL'ally taken off among students. periods called ''sessions." J\t the begin- non confidence vote, they posit, creates Posters blanket U ofT: Rally to Reclaim Democracy, Prorogue This!, etc. ( )n Facening of each session, the gO\·ernmcnt market instabiht}"· Removing this threat 1Jc)(J k, most o f my tincn · J s 11avc )OJOL't · · 1 the group "Canadians J\gamst Proroguing Par-

c

lays out its legislative agenda in the Speech from the Throne. The govl·rnment then introJuces this agenda into Parliament. Gcncntll), once the agenda becomes law, the government ends the session. The government will then summon a new session, have a new Speech from the Throne, and begin the process again. Prorogation IS the name for the act of ending a session of Parliament. It wipes out all bills that have not } ct be come l.m~ It also has thl' effect of ending parliamentary debate until the go\•ernment chooses to summon a new session of Parliament.

For the past ccntur) and a half, Prime

provides stability. Commentators have liamcnt", which has a total membership of 218,304 as of January 26. The Liberal J·ustitiabh.· hca))Cd ndiculc on th1s an•uIJarty has 1aunc 1lCl1a scnes · o f on I"me at1s to capita1·1ze on the rno\·emcnt, 1eatunng r · n Par· mcnt. A little inc;tabilit}' 1s a small price to 1·lament 1ockTt1 up 1>e h"1nd a c h am· · 1·10 k• tcncc. · \ 1 · 1 d · · J cat l'1ll1CS am pun ItS arc wetghmg 10 pay for a functioning democracy. ,\fore- whcrc,·cr people will listen. Prorogation has become a big deal, and rightly so. As over, there Js no e\·idence that the stock engaged ciuzcns of a democratic countr), we arc correct to scrutinize the :tctions of market actually performs better when our government and to hold It accountable.

Parliament IS not tn session. The gmc:mAgatn~t my bettl'r judgment, I have undertaken the task of defending the recent ment was under constant threat of a prorogation of Parliament, in the facl' of clolJucnt arguments by my learned oppo· non -confidence votl' throughout 2009, ncnt. t\s I s<.·e it, the basic, pnnciplcd concern among many Canatllans is that the yet the Canadian overuse and misuse of prorogation shields the gm•ernment from stock market appreciaccountability, to the detriment of democracy. The :.-pecitic argu· a ted 20 per cent all ment is that the Jlarper Gm·ernmcnt has shut down Parliament to the same. Funhere\·adc public scrutiny on its performance, particularly the Afghan more, parliamentar}· · · h out appca,1 1Jut t1etmnee contr<>\·ersy. 'J"I1csc ar~:,>uments arc not wit 0\ crs1ght hciiJS en 1 1 1· 1 h h 1 1 · 1 · t tey tent to l 1sso vc w en t cy arc p acct 10 t 1c 1argcr po 1·1t1cal sure that the governcontext.

i\lmisters ha\ c used prorogaoon 10 accordance with the com ention described above· onlv "'hen tile <:-> <><>\ c·rnment'~ leg 1 " • • ·'

ment pursues a competent economic p{>II·C.)"· In the l<>nv r->

Photo bv Miles Storcv/Torontobt '

islathe agenda was complete, and never run, that can on I)' help the stock market. to a\ Old parliamentary censure. Sir John Third, Conscn-atiYcS argue that the A. ~facdonald, for example, accepted Liberal-dominated Senate has been deki khacks from r.ulway com panic<> dunng In} ing the go\'crnment 's leg1slath-c the: Pacific ~candul. \'\!hen called ro ac ·1<>cn(h• • l~j \1arch • tl1 t:• l'rr"n1 c· '''ft.111stc r • r-> count in the I louse of Commons, he did will ha,·c m..,de cn<Jugh ~Se11at p 01· t "' • e a P n not try to escape through prorogation.

He ~tood in Parliament, faceJ his critics, and defended his actions. \\'hen it hecame clear that a non-confidence vote would pass, he resigned. In 2005,Justice GomctT found that Liberal Party staffers had accepted advernsing kickbacks. The Opposition brought forward a motton of non confidence. Prime •~fint"stet· t>aul larttn did not hide behind pmrogation.

He faced the motion and lost. He then called an elceu·c>r1 anti l<>s·t tl1at t<><>.

This is how our system IS supposed to :u:ork. Parliamentary scruuny allows us to censure and to replace our leaders when they ahusc the public tru:st. This threat also helps to ensure that our leadcrs do not abuse our trust in the first place. 11te system docs not work, howe\·cr, if the government weasels out of accountability us.ing prorogation. Yet, this lS precisely what our governments have started doing. In 2002, Prime :\linaster Chretien prorogued Parliament to delay the release of the auditor-general's report into the sponsorship scandal. In <>ctober 2008, Prime l\l1nister I Iarper prorogued Parliament to csca(>c a motion of non-confidence. :-.Jow, he has prowguecl Parliamt'nt again to nvoid a par~amcntary mquif) into Canadn's role in torturing 1\fghan detrunees.

Cunser\"atives have offered three argu ments in support of prorogation. First, the) argue that prorogation is ·'routtnc."

ments to gain de facio control O\ er the Upper I louse. Senate control will allow the government to avoid an) further delays. Th1s tS a feeble arb'llment. I3y killing over forty bills, the prorogation debt) s the gowrnmcnt's agenda much longer than the Senate ever could.

This prorogation has killed forty pieces c>f leg~sltti.C>tl cc 1r1ceal•elI til c tru th •1I) o u t · : ,

'

E..-xccpt in a Ycry narrow and fleeting wa), prorogauon does not shic.:ld the government from accountability. First of all, prorogaoon • . . 10 .

1s temporary. 1n our present case, l>arI"1ament WI' II resume sttung

~larch. Legislative accountability will connnue: opposition anti other .:-.1 Ps were and will he free to ask whatever questions the) \ike, introduce hil\s, and, in the ca~c of a mmority go,.crnment, C\'cn bring \t down. Second, \~ar\iamcnt i., on\y one of man)" modl'!; of account;tbilil): The gm'crnmcnt i~ supervised and constrained hy the courts ancI 1>Urcaucracy (includin~ independent agencies), and is always under ~crutiny hy h t c press (and by extension, the public). These institutions ensure that the goYcrnmcnt acts according to law and within the scope of its mandate. Ob,·iously, there arc limits 10 the usc of prorogation _ Parliament could not be closed indcfinitclv _ but that is not what is being argued. 1\s with any prcrogatiYc power, thc;sc limits ·arc defined b\ political context.

Despite its recent h) pc and stardom, prorogation is simply one out of many parhamentary and political mt·chanisms, all of which may be used and abused. At the risk of sounding cynical, parliamentary strategy has always been part of politics; parliamentary procedure has al\\-ays been a sword and shield for partisans.

•r h ere arc many ways to game the political system. Opposition days may be delayed

1\fghan detainees, and allowed the gov- and rescheduled, as they were by the Martin gm·ernmcnt ro stave off defeat over the ernment to operate for three months sponsorship scandal, embarrassing public inquiries may be called for fri\'olous reasons ""'"l.tltc>ut an}' parl1an1 · I1t· b y t h c opposition, ·· • • er1t ary· O\·ers1g and serious inquiries rna} be shut down when their re\·elatJons be:\lore importantly, however, it sets a Jan- come damaging to the government (r..f!., Somalia). Parliament can be dissolved and gcrous precedrnt. Unless Canadians ex- an election called at any time, which gon:rnments ha,·e often done so to dcxlge scanpress their disapproval, then now, e\'Cry dais or to take advantage of favourable pohtical conditions. The "Kin!' lhng crisis" time a goYernmcnt is facing political heat, is probably the most famous example, but only because it was refused. Successful hisit will proro&ruc Parliament and dodge ac- torical examples include Diefcnbakcr in 1958, who called an election m n:sponsc to countability. The motions of non-confi- Pearson's rash call for the government to resign in favour of the Liberals (!"he Chief dcnce that once brought our won by a landslide); Chretien called a snap election in 2000 to take ath-antagc of governments to heel will become a thin,<• Stockwell Day's inexperience; and Harper called an clccoon In 2008 to head off the of the past. In short, Canada will be global econom1c crisis and ensure he would get a chance to face the hapless Diem. come an even less democratic country I do not endorse the "abuse" of parliamentary procedure but merely point out that than it already is. it can be done in many ways, it is not always clear-cut, and ultimately its correctness L:ltimatcly, Prime ,\finister llarper can \viii be 1udgcd by the people. That is the reality of politics and tkmocracy, which, only pervert our system of government norwithstanding recent hysterics, function in Canada as they always have. if Canadians allow him to.

Let us not scapegoat prorogation on account of the \aganes of pol"Democracy'', George it1cs. llistorically, prorogation has not been used a~ frequently as today Bernard Shaw observed, but t<xlay's gm·crnmem is governing in the context of a systematic mi"is a device that ensures nority (due largely to the BQ) and global economic unccrtmnty. Pracwe shall be governed no rices may change, as they have in rcspon~c to the current climate of better than we desen e." political instability. \'\'hat has not changed is Canada's strong democratic Canadians must dec1de tradition, which is upheld by a variety of institutions, and the law written whether they deserve an in the hearts of its cinzcns. Accountability rcm:tim and democracy Jives accountable government. on.

16

OPJNIO'\,S & EDITOR! \I.S

0PI!\liO\.S & EDITOR! \I 5

ULTRA VIRES

ISLANDS - from page 7 ...of 340 islands to the Pactfic Ocean, ''hich arc located 1,000 km east of the Philippines. Its terri tOt')' contains approximately 700 .spectes of coral and more than 1,400 species of fish. Palau has also recently declared uself a shark sanctuarr It has ?an ned nil C(}mlllcrcial shark fishing in its territon.• and called for a global morntonum on ·; catching sharks exclusively for their fins. Palau's \\atcrs have been ranked #1 among

17

n'se, high-cnerg} wa\·es, and storm surge. Some i landers bel1e"ehthatk Itd wtl.lbe 1m1 all possible to adapt to these changes if climate c~angc continues unc ec ~. · ·or sm• island one roung person remarked, "adaptauon mean buymg a boat.

Cli~ate change also threatens food and water sccurit) on tslands like Palau. ml saltnizatlon is parncularl) worrisome for Pactfic Islands that arc hca\'11\· dependent on __1 )J 1 1." m(>lc there ha\e been l.trge crop local subsistence food pwuucuon. , 1n a au, 10r cxa failures of taro, a local staple, foi!O\\lng mundauons. Dependence on food tmports

the Seven Underwater Wonders of the \X'orltl.

I lowe\ er, Palau is suffering from the effects of climate change. \\"arming ocean telnpcramrcs ha\·c caused widespread coral bleaching. ,\lr. ldechong n:mcml>ers ho\\, during EI Nino/La Ntna in 1997 and 1998~ 30 to 90 per cc~t <:f coral species died in some areas surroundmg the Islands. fhls lc\ el of coral bleaching was unprecedented. As a result, important fish and jell) fish populations \\ere SC\erdy diminished and local

ti\c!Jhoods were compromised.

In addiuon, rising sea lc\cls have c.-.uscd coastal erosion and salt-water inundations of low-lytng agricultural land. Palauans have become increasingly dependent on food imports and arc frightened for their future. Some ha\e been tempted t<.> "gh·e up" because they cannot win agamst clnnatc change alone. ~lr. Ide chong has worked to persuade Palauans to protect their local en\'ironment as best they can while their repr~scntatiYcs appeal to the international community to take strong action on climate change. .\lr. ldechong has worked tirelessly to "get our voice out to the global community- what is happening to our islands, our coral reefs, and our

Which wouJd you rather?

Why photo radar is like a colonoscopy: unpleasant but agood idea

BY Ll!CAS Wu.so:-.; (2L)

Photo radar is controversial and unloved. It should not b~. \\ htle there is scope for rauonal debate on what a reasonable speed hrnit should be in any given context, it seems abswd that pollcymakers would undermine efforts to enforce their Jaws efficientl}, economical/}; and fairlr In rejecting photo radar, most North American jurisdictions undermine enforcement, and are pandering to popular opinion at the expense of good public policy.

,

No one likes getting a traffic ticket in any context.

However, the attacks against photo radar, in addition to being disproportionate, arc completely misplaced. Reasonable people can disagree about what the speed limits on public roads should be. On both cnvJronrncntal and public safety grounds, there arc very compelling reasons to set reasonably low speed limits. Yet, allowing individuals to drive faster has recognizable benefits as well, from shadng travel time to just a\·oiding the intangible, GO\·ernments today have access to a wide nricty of but all too real, frustrations of travelling at a modest automated technologies to enforce speed limits and speed. Balancing these considerations is complex and other traffic bylaws on public roads. Photo radar, the difficult. How fines should be structured is also worthy most widely used automated technology, involves set- of debate. Here, too, reasonable people reach very difting up a radar detector that photographs the licence ferent conclusions. There is a strong case, for example, plates of all vehicles traveling significantly o\·er the that the pervasiveness and effectiveness of photo radar speed limit. The owners of vehicles identified from the should be accompanied by a more lenient fining strucphotographs arc usually sent tickets by mail within a ture. In short, objections to the existing Ontario traffic couple of weeks. laws arc not without merit.

Existing enforcement of traffic by laws is capricious, To object to photo radar itself, however, is simply to inefficient. and relatively ineffective. On divided high- object to the effective and efficient regulation of public ways, in particular, traditional traff'ic enforcement is roads. At risk of offending a group apparently predisoften so difficult and dangerous as to be almost imprac- posed to both litigation and violence, I would go as far ticable. In these contexts, photo radar is the only truly as to suggest that this is an utterly indefensible position. viable method for actually enforcing compliance. It is Three main arguments arc advanced by opponents of a proven technology: flexible, reliable, and efficient. photo radar. I'll address these in turn.

Yet it has also proven to be incredibly unpopular.

Mike Harris and Glen Campbell both crusaded against The privacy argument photo radar and were rewarded at the ballot box. IndiDetractors often argue that photo radar intrudes on the viduals have gone to extraordinary lengths to express privacy of motorists. This claim does not hold up to their opposition to it. One British Columbia man scrutiny. Traditional methods of enforcing speed limits claimed to have spent over $120,000 challenging the can provide a pretext for police officers to interrogate constitutionality of a Sl 00 fmc. His constitutional chaldnvers and to search vehicles. Photo radar docs not. lenge of the technology went all the way to the British Moreover, the human element means that traditional Columbia Court of Appeal but ultimately failed, as did speed limit enforcement w1ll, at best, be inconsistent tn another h1gh profile challenge of the law in Alberta. its administration of justice. 1\t worst, it can encourage Other individuals have reacted violently, vandalizing the systematic bias, corruption and abuse. In contrast, photo radar systems or threatening its operators. 1\ 24photo radar is a model of good law enforcement: it is ycar-old man allegedly threatened to kill the operator unobtrusive, effective and fair. Photo radar in combiof a photo radar vehicle in Winnipeg two weeks ago. nation with rational speed limits would increa~e, not deIn 1\pril 2009, a photo radar van driver in Scottsdale, crease, the privacy of motorists.

Arizona was shot and ldlled by a 68-year old man in a passing vehicle.

is b<:coming incrcastngly common Ill the rcgton. In addiuon, the IPCC predicts that reduced rainfall and saline intruslOn into freshwater len es could lead to \\ater short'fi . ages for some Paa 1c ts1an<1s. . .

- - - - - - - - - - - - - - , The IPCC Report highlt~hts the nsks of climate change to the long-term viability of small island states like Palau. It ~oncludC'i: "the potential abandonment of SO\ erci~n atoll countncs can be used as the benchmark of the 'dangerous' change that the l!

The ineffectiveness argument Photo radar docs involve a fairly long delay between the time of an infraction and its enforcement. Informing dri\·crs that they arc breaking the law is unquestionably an important part of encouraging them to reform their

driving habits. Yet the claim, often made, that pho to radar does not act as a deterrent to speeding is completely disingenuous. Photo radar has consistently pro\·en to very effectl\'e at dramatJcally reducing the number of veh1cles travelling abo\·e the speed limit.

Sirrularly, studies of photo radar implantation have also generally found a substantial reduction in the number of accidents and deaths.

The "up to eleven" line of "reasoning" There is a famous scene in the 1984 mockumcntary This is Spma/Tap, where a character brags about the fact that his guitar amp!Jficrs "go up to eleven" (unlike standard amplifiers wh1ch go from zero to ten). The character insists that this numbering actually increases the volume of the amp as "it's one louder." \X'hcn asked why the traditional dial is not simply set to be louder, this character is clearly befuddled. He reiterates his argument that his dial goes up to eleven. .Many opponents 'of photo radar arc similar. \X'hcn asked why they oppose photo radar rather than the speed limits it enforces, their eyes seem to glaze over. They want to go ''up to eleven" -to keep existing traffic laws but to enforce them inefficiently. This could arguably be the "least bad" option in certain areas of law where reform would be politically or legally difficult, but enforcement would lead to a greater injustice- marijuana possession laws might fall under this category. There IS absolutely no justification for this in traffic enforc<:mcnt, however, where the provinces ha\·e both the power, and the ability, to set and enforce the rules.

The rejection of photo radar wastes money and costs lives. But perhaps even more importantly, it is a symbol of our collective failure as a society to think through the enforcement of our laws rationally. Photo radar is a litmus test for rationality in public policy, and we arc failing the test.

'-:a) of

I·CCC seeks to avoid." Because climate change is an existential threat for these islands, the Pacific Islands have tabled a resoluuon at the United Nations General Assembly to acknowledge that elimate change is a security issue. ln Copenhagen, ~lr. Idcchong has worked to sprea~ awareness that the fates of island nations like Palau are at ::.take to the ncgotiations. He has been impressed by the cncrm and activism of groups with similar goals. ''1\GOs, women, youth, arc all puttin~ the message across,'' he tells me. "Now it is up to the leaders.'

Palau's fate rests "at the mcrcr of strong countncs, whose decisions can make c\·crrthin~ better or worse." . .-

life.'' Since "we can't go to war," he jokes with me, "Pala~J and ot~1er sm~lllsla?:l tates must persuade the major countries to take strong actton on climate c lange.

The Intergovernmental Panel on Climate Change's (IPCC's) Fourth Assessment jReport that climate change raise sea lc\·els by 0.19 to 0.5!:! m. by the of the 21 .,;t Ccntul")'· The Report notes that "sea-level rise will exacerbate tnundauo~, erosion and other coastal hazards, threaten vital infrastructure, s:ttlements and f~~tlities, and thus compromise the socio-economic well-being of Island commumues

I Jc hopes that an agreement in Copenhagen \\'111 SJgmhcandy t~dvance the fight against climate change. It is extrcmcl) costly for Palau to ~C.O.': delegates to the COP and Jt would take theo;c experts away from their responslblhtles at home. l\lr: ldcchong emphasiles that Palau "can't continue to lobby" for another 20 }cars of climate negotiations- "we don't have the stamina for thi.s.'' .

I Ie remains optimistic, however, that change IS happem.ng. l:e remembers t~at "10 years ago no one was e\'Cn listcmng." ~':ow. conversauons like ours ar_e ge~ng

and states.'' . d Thc resulting inundations will adversely nnpact coastal settlements, agnculture, an '1.\"1\tcr resources in islands like Palau. In the Pacific and Caribbean islands, more th.an SO per cent of the population livcs.within 1.5 km of tht.: shore, and nearly all ~a~~)~ ;ro<~ds, airports, and capital cities rcstde along the ~?ast. lsla~d settlements ca~.bc d:~

the message out. \\lhile some leaders today remain constr.uncd by domcsuc lcgtslauon, he believes that m.-.ny arc more scnsith c to sma\1 islands' pl~ght. . ~\r. ldechong has come to Copenhagen because Palau is .runm~g out of umc. A• strong international agreement is essential to the ftght ag~ms~' c\lmate change.. H e wants to remind world leaders that "our islands are dmwnmg.

proj~cts

\\~ll

~nd

placed and vjral infrastructure dcstrorcd hy rhc c.'ttec:ts of cllimHc change on sca-le\ cl

Get connected with Torys View our student videos on You Tube Follow us on Twitter Download our podcasts on iTunes www. youtube.com/torysmedia

twitter.com/torysllp

www.torys.com

TORONTO

I NEW YORK

1\:-\UARY T', 2010

D l\ ERSIO'-.S

19

Top 10 Sports Tweets of 2009: a.k.a. Reaffirming the Dumb Jock Stere.o type, 140 characters at a time •

Legal eagle pose?

BY CASSA~DRA fi.ORIO

{

I know, 1 kno"' Yoga IS for flaky, tree-hugging, Blrkenstock-wearing, counter-culturally inclined h1pp1es. Hailing from the \Xest Coast, I am well acquainted with their philosophies and kind. \X'hile I have, for the moment, chosen to embrace my inner conformist, corporate law S(jUarc, I am also keenly aware of the fact that early childhood exposure to the "hippy-dippy" has likely infiltrated my consciousness and planted the seeds of a potential future Gulf Island artisanal sheep-cheesemaking retiree. 1 once assumed that this was why I feel the attraction of yoga. Part of me presumed that I would likely always be the lone.. \ type, ( )(D j.,l1rl in a class of surra-studying, karm1cally enhanced yogts. ) et, as the years ha,·c gone by and I have practiced 1n stud1os across Canada, I h:n·e come to realize that I am not the onlr person who seems to straddle this inner-reflection/outer-ambition divide.

I began to practice ) oga in my thtrd )t'ar of under· grad. The class was held in a small, cold underground dance studio tilled with harsh tluoresccnt lighting and large mirrors \\'hich, as any self-respecting yogi would tell )llU, is hardl~ the ideal "etting in~ hich to practice.

Despite the sub-optimal.bcginmngs, though, l started t:1.kmg more c\as~es through university. Though crnwl\ct\, the) were cheap and cheerful and a\\o" ~.:d me to practice more regularly. \\1hen I moved back from ,\lontral to \'ancom·cr and started making. monc.1' (for a changc!), I finally joined a local studio.

Throughout all of this, I di~co\·ered new poses. I got better at the ones I already knew. I began focusing less on what other people in the class were doing and how they looked, and more on how I was doing and how I felt. I learned to push myself when I felt 1 could go farther and to forgh·e myself when 1 fell or couldn't do something just right.

And then 1 came to law schooL Coming to Toronto was full-system shock. The enormity of my tuition bill made me feel like spending money on yoga classes was an unnecessary luxury. I

(3L)

memorable occasion, about a third of the people in my class were familiar faces. From lLs to recently graduated artJcling students, U ofT Law made quite the impressive showing! .':or are we !owl) law students alone in our love for yoga - even the jud1c1ary is getting into it. Following the Grand ~loot this year, I surprisingly ended up having an enthusiastic conversation with .M adam Justice Charron about the how much she and some of the otht:r Justices enjoyed the once-weekly class the Suprt.mes host in the basement at the SCC. So what's the "appeal"? (Sorry- obligatory legal rcfc:rence). The simple fact of the matter is that yoga has a myriad of benefits, man) of which seem to be particularly attractin~ to high-performing, high-stress individuals.

Yoga rctJUircs a great deal of physical effort and focus. \\'hen your bod) is trying to reach and stay in Ardha Chandrasana or Pincha ;\layurasana, there's sim ply no way for your mind to remain preoccupied with legal doctrines or your O\'er-packcd schedule. The ph) sica! m errides the mental.

Even when )OUr hod} [s yuiet, you learn how to cuiU\"ate ) our thoughts to your best advantage, letting go of things that arc: untmportant and recognizing how transitory most of your "pressmg" concerns really arc.

I also lind that making rlw time rc • f(><·u s in _>·c>ga ·•!so paradoxically makes it easier to take full ath antagc of all the other hours in the Jay, helping me to be more Kula. I checked out their website and noticed that they focused and producth·c.

Add to all of this the wide range of physical advanoffered a program called Energy Exchange for people who couldn't afford a normal membership. I immedi- tages to be gained through practice - flexibility, ately volunteered to help clean the studio one mght a strength, stamina, as well as a reawakemng of your resweek, in exchange for which I would be able to go to as pirator~·, circulatory and digestive systems (among othmany classes as l wanted. ers) - and it's easy to sec why over-accomplishing Yoga was back with a \·engeancc! All of a sudden, I . alpha-types have a tendency to gra\'itate to yoga. It's found it easier to focus on my work and to make time terribly efficient! to get thinh~ done. l soon realized that I wasn't the ~nly CONTINUED at page 19 legal stress-case 10 my classes. On one particularly stopped practicing regularly and tnstead tried to make the most of m\ tuition-included \C membership. It d1dn't work. \'{'hile I certatnl) surv1ved first year, I didn't feel like myself.

Then, last year, I noticed sih>ns above Futures Bakery announcing the impending arrh·al of a new studio,

lnw flno llff RT

GflSSflS HHOG~ ...

Be a part of one of the most dynamic legal practices in Canada. Contact our Assistant Director of Student Programs, Leigh-Ann McGowan at lamcgowan~casselsbrock.com or visit our student website at www.casselsbrock.com

...•UJ•.

• ....-:................ lio..t..-a.t ... .,.,, . . . . ~~·b-:U:.·•-•a.

For those of you who fc:lt that Ul,. has been lacking in sports content, the only Editor who knows anything about sports presents his t:1vouritc.. sports tweets of last yc..-ar: 10) Kevin Love (@ kevin_love) - ''What are we doing????? We better trade. I don't even know." (\Bt\ player keYin Love's tweeted criti<.JUC of his team's draft selections during the 2009 '\B.\ Draft showed that i'JB1\ players arc not corporate drones. Lm·e's puzzlement was swift!~ met bv a new policy enacted by team management bann1ng ItS players from ha\'ing Twitter accounts.

9) Michael Beasley (@, GorillaBeas) - "Feelin like it's not worth livin!!!!!!! I'm done" '\lBA player Michael Beasley posted the above statement on his Twitter account shortly after coming under fire after he posted a photo of himself on Twitter with what appeared to be a bag of marijuana in the background. Concerned about the Twitter post above, Bc..-asley was checked into rehab by his team to address "substance abuse and psychological issues".

Br \m. '' I ICQ (2L)

6) Larry Johnson (@Toonicon) - "think bout a clever diss then that wit ur f*g pic. Christopher street boy. Is what us cast coast cats call u." '\,H. player I .arr} Johnson's twittc..r outburst directed at a fan whose tweets poked fun at Johnson's previous criminal indiscretions included sc,·cral homophobic slurs, and c,·cntuallr e;uned him his walking papers.

Johnson's abject stupidity earned him a lengthy suspension by the team, at the conclusion of wh1ch the team released him, tearing up the remainder of his six-year, S45 million contract.

5) Ron Artest (®96truwarierqb) - "I like to dress bummy and sloppy wit my pants below my ass.

That's why I get no endorsements. But I don't care" Certifiably batshit craz) I\. B.\ goon Ron Artest's Twitter account is a haven for b1zarre, nonsensical ramblings, making it difficult to single out a single m·eet as more Qn)sihrnificant than the other. Artest's irrational bcha\·iour has led columnist Bill Simmons to suggest that. prior to every game, 1\rtest should be '\1.·hceled out to midcourt like I Iannibal Lectcr- you know, tied to one of those white stretchers and wearing a strait jacket and the metal facemask." ')uch an assessment makes Art:est's Twitter account a must-follow.

8) Bernard Berrian (@_B_Twice) "1-2-3 SAAAAKKKKIIII!!"

This seemingly innocuous Twitter post b\ ~IL wide 4) Charlie Villanueva (@_,CV31) - "In da locker rccei1·cr Bernard Berrian bc.:came ;t lightning rod of un- room, snuck to post with my twitt. We're playing intentional hilarity due to the: attachcc..l photo of ;t naked the Cchics, tie ball game at da half. Coach wants woman in a shower. Bc.:rrian later clarified via tweet, more toughness. I gotta step up."

"So, •Yt:"Y" have• '"' 1dc-n 11<>\\'th:Jt got up there. I didn't

send that. l\ pic of me and friends @y dinnc.:r was what I sent." Lesson to be learned here: Keep photos of your groupies separate from photos of your homics.

Perhaps most helpful to Hernan was the reply tweet b) his teammate, Adrian Peterson (~ThcRcalt\PJ whoremarked "yikes! make sure she members to wash behind the ears".

~B

\ pla_v cr CharlJL \'i/Januc\'r! made

headline.~

last

7) Robert Henson ((ii redskinslb51) - "All you fake

spring aftcr he: made thc abo\"e post in the locker room during the halftime o( a game that he was playing in, becoming the first athlc.:tc e\·er to tweet durmg a game.

Incidcntallr, \'illanue\·a ended up leading his tt.-am in scoring and helping the sorry Milwaukee Bucks defeat the powerful Boston Celtics. 'onethcless, his in-game twc.:ct led to the ~BA enacung a new Twitter policy banning tweeting from 45 minutes before a game until 45 minutes after a game.

half hearted Skins fan can ... I won't go there, but I dislike you very strongly, don't come to Fed Ex to boo dim wits!!"

Little-used Washington Rcdskins linebacker Robert llcnson created a firestorm of controversy by tweeting the above statement in rc:sponsc to the boos ra1ned down on the team by the1r own fans in a S<.:ptembcr game. In subsequent tweets, I lcnson \\.'c..nt on to state that he'd "still made more than you in a year and you'd [gladly] switch spots with me in a second", and that Redskins fans "work 9 to 5 at ..\fcdonalds". The rambling diatribe led Henson to apologize pubhcly for his remarks, and he has since deactivated his account.

3) Nate Robinson ((tz nate_robinson) - "Cops pulled me over cuz my windows were 2 dark (but my windows were down) Jot how funny is that,"; "I am still pulled over and its been 35 min they have me sit in my truck like i dnt have s#*+2 do lol'' \ fter bc1ng pulled over for a rounne traffic \>iolation, ~ate Robtnson, the diminutivt. '\,ew York Knick, de· cidc:d It would be a good idea to document the incident by providmg a play-by-play on Twitter. Eventually, Robmson was not able to get to the "s#*+" he had "2 do" as he was arrested and detained for driving with a suspended license.

2) Shaquillc O'Neal ((ti;THE_REAL_SHAQ) "I'm at the fashion sq mall, anyl touches me get::.

2 tickets, tag me and say yur twit u hv 20 min" 'I he larger than life Sha(j ~·.ts an early adopter of '1\\'itter, and one of the first to break down the wall between himself and his fam. Posts such as the above were commonly tweetc..d bv Sha(j, as he openly interactcc.l with his fans. 1\ftt.:r Sha(j overheard a fan d1~cussing his '1\,,tter account at a n;staurant, he basically callc.:d them a bunch of pansies. To wit: "To all twitrcrers, if u c me n public come say hi, we r not the same we r from twitteronla, we connect."

1) Gilbert Arenas ((ii gilbertarenas) - "i wake up this morning and seen i was the new JOHN WAYNE. lmao media is too funny"; "i guess nobody thought that last text was funny.well i ha" 2 change subjects.umM what about that TIGER WOODS. I heard he dated 2 midgets jk" \ftcr an invcsugaoon found that '-B.\ star (~IIbert Arenas brought guns into the locker room and allegedly drew one at a teammate after a gambling debt gone bad, ; \rcnas took to Twitter to demonstrate his complete disregard for the conse(juences of his actions and his complete detachment from the gra\'ity of the situation.

After a bb>:arrc T\\itter outburst spanning 20 tweets oYer the course of two hours, the '\:B \ suspended him indefinitely, w1th the comm1ss1oncr stating that "{,\rcnas'\ ongoing conduct has led me to conclude. that he is not currently fit to take the court in an"-.\\~\ game." Fortunatc\y, ,\rcnas has since deleted h1s account, heeding the .td\'ice of hi:- f.1ther who reportedly told him "don't even Twcetc.:r right nm\~··

Gilbert Arenas: role model!

YOGA - from page 18 There arc plenty of studios around the law school, many of which offer grt':lt deals to students (Kula, for example, has a 30 day unltmited yoga for $30 offer for first-timers and SIOO/month unlimited membership for students after that). 1\:-. a new term begms, maybe now's the time to explore :1 fresh form of exercise and add a new tool to your study arscnal! ~amaste.

CASSELS BROCK LAWYERS

-~

Ambi• E.dgar-Chana: Re·: e¥> ~the aLdlt ret;lilremer.:s cr•eceraiiY lncorpcratec ret· or·proft. COrJ:Crat~1S 71hlle attac~l~ a 110111 of ~rea 4

Studmts interested i11 tf)ing )OJ!.a are mcottra_e,rd to rmail ultra.tirr.s(£:.11torotJtu.ra. ll'e m/1 be boldmg a drmr' a111ongst respond. ntsfor ont of lbree guut passes to Kula ~lmrtx.

20

Just Watch Me: The Life of Pierre Elliott Trudeau Rh\' lh\\ hO tn A ~RO:\ CIIRbn>ll' (2L)

\'\'hene\er I have time off from hw school, I hkc to try weighty issues which w<: now study, Trudeau watches to rt.':ld something that isn't law-rclatc.:d. In th:u spirit, us come and go from Bora J .askin Law Library Qooking this Christmas, I decided to crack open the much·hyrx:d, dapper in his waistcoat) from a strategically placed recently rcleasc.:d second volume of Trudeau's biogra- painting. Trudeau was the one who appointed Bora phy, authored by the esteemed John English. l wasn't disappointed, nor did I expect to be, ha,·ing already read the fiN volume (Citizen o/ the IE'orl~ over the summer.

The 789-pagc \Olumc is finely-written, well-organized, and well-paced. It illuminates the extraon.hnary career of a grt.'llt man, with detailed accounts of familiar political and personal sagas, and with many less tamiliar and often-amusing anecdotes and pcrspccth·es. It mar well be the definiri,·e biography of Pic.:rre Trud<.':lu, written not only by a veteran Canadian biographer and historian, but also with exclusi,·e access to Trudeau's own pri\'ate papers and letters.

The cover of jlfst Watch \fe features a macho, steely· eyed Trudeau, apparently staring down some unseen challenger. Between the bold expression and the hip floral shirt, the photograph captures the essence of Trudeau's image: manly cool. Trudeau is a man who has frequent!\ been described in supernatural terms. .An early biograph) refers to him as "The ~orthcrn Mah>us" -a later one beh>ins \vith the words, "I Ic.: haunts us still."

I do not think of Trudeau as a \\i:t.ard or a ghost, but the metaphors arc not unwarranted. Before there \\as Obamamania, there was Trudeaumarua. The man \\as swept into office on an unprecedented wave of enthusiasm, and went on to become the most successful Canadian "Prime ~Enister in modern umes. There is a mythical qu'.\\ity to him. l won't waste any more ink heapmg prruse on a man Laskin to the Supreme Court, and later named him who has already been praised in superfluous terms, or Chief Justice (the now patron saint of our Jaw school rehashing the tremendous impact he had on our coun- who also watches us come and go from the library try. What I will note is the tremendous 1mpact Trudeau named in his honour). For those reasons, I think has had on our own beloved law school. Besides having Trudeau's legacy is especially relevant to us. reformed our Cnminal Code and Constitulio11, empowering Many things about Trudeau have attained mythologour judges to wnte long plulosophical judgments on ical status among Canadians: his cosmopolitan intellect

and charm, his stand against Quebec separatism, his patriation of the Canadian constitution, his tumultuous marriage with Margaret, among others. }ml W0tcb Me co,·ers all that, but English's warts-and-all portrayal of the Prime \limster also holds some interesting surprises.

There arc funny stories: witness Trudeau and Jennifer Rat. (Bob's sister), then dating, arguing over the freedom to put lemon on one's own oysters ("You haYe taken that right away," Pierre fumed); or Trudeau getting rescued from the arms of a "huge blonde" by his PR man at a dance. Trudeau was also often surprisingly offcnsiYe: he mocked "bleeding hearts" when im·oking the War .\frast1re.r Ad, punched an "1\.DP protester who came too close at a rally, and onc(. told striking truck dm·ers to "cat shit."

Despite Trudeau's legacy of progressive law and poliq, and h1s often flamboyantly progressive lifestyle, he was oddly conservative in many personal matters - the result of being both liberal and Catholic. His young wife complained that he held a very traditional view of a wife's role in marriage. lie privately opposed abortion and was infuriated by suggestions he was homosexual, but, as Justice ~finister, he legalized both. \'\'hen it came to the patriation of the new constitution, Trudeau was angerc.:d by legal interventions in what he considered to be a political matter and was frustrated by the Supreme Court's pragmatic yes-no decisiOn in the PatnatJon Reference. I le later (tn denouncing Charlottetown) attacked the justices for \veakening the fedLratlon, proYoking an angry confrontation with Brian D1ckson. jtiJI IIYtJtcb Me IS replete with many other fascinatin~ anecdotes and insights which 1 shall nul spoil. lt ottc.:rs a window into the life of a great and uniquely Canadian figure, as well as Canadian history itself. It comes with my high recommendations.

Pressing and substantial objective: a Huck Jen ning s adventure B\ 0 \:\ MOORb (31.)

I luck was then captured by an organization called "the Association". J\ mysterious man tortured Huck, pulling out his fingernails with pliers, seeking information that I luck didn't have. For un·clear n..-asons, !luck was e\·entually rek':lsed. ! luck swore that after he completed h1s Bridge \X'eek paper, he would have his vengance for Tatiana's death.

For the fulltc:•:l of Part 1, see the Nozoef!Jbrr 2009 wue of Ultra \'ires.

Previously, on Huck Jennings: I luck Jenning~ is your a\crage first-year snJClent at U of T Law in every way but one: he is also an undercover agent for CSlS, the Canadian spy agency. In No\Cmhcr, Huck was <;ummoned to "'-1ongolia to assassinate a rO!,'Ue agent. After n moonlit battle, Huck was triumphant.

But then he learned that his ,•icum was Tanana - a colleague who was not only his mentor, but the woman he loved.

And now, Part 2 of 4: ·Ibe hang-glider drifted across the cloudless .\Iongolian sky, swift as a bat hut five times as deadly. Huck Jennings scanned the city below. The full moon illuminated Sukhbaatar Square, casting crisp shadow~ behind a man and a woman who were locked in a battle t<) the death.

The bat swooped in for its kill. !luck landed without a sound, and crept up behind the two enemy combatants. I lc drew his crossbow, stood perfectly still, and shot the man through the neck. The woman turned around, and it

DI\ ERSIO~S

UI1R\ VIRES

DI\ I R510'\,!:l

was Tatiana- poisoned dart at the rL-ady, her eye~ filled with both violent rage and a touching \·ulnerability. Huck remembered why he dreamed c>nly of her. "lluckl 1 knew you would sa\'e me!

Now let's lea\·e this game behind us, and grow old together," He looked mto her eyes nnd knew that she mL-ant it this time.

But first, he had to remove the tdenufying features from the rogue agent's corpse. Huck took out his buck kntfe as he mm·cd toward the body. Crouchmg down, he removed the agent's balaclava, and found himself staring into his own dead eyes.

Somewhere in the distance, a yak roared.

J luck Jennings awoke w1th a start, and wiped the drool from his face. llc'd bl:en ha' ing that dream C\ er s1ncc he got hack from Mongolia, and it wasn't going away. lluck turned his attention back to the lecture. '' ... So the first reqUirement of the Oakes test is tl1at the objective of the Impugned legislation 'relates to concerns which are pressing and substantial 10 a

free and democratic society."' lluck raised his hand. The professor looked up 1rritatedly and chose to continue. "This re<juircmcnt is C\'aluatcd - '' ";\la'nm, I have a question.'' I luck's clas~matcs cringed, each one wishing that it was possible to check F41cebook in the Moot Court Room. "Where do these judges get off, thinking they can assess what is pressing and substantial for our country? 1bcy haven't seen the intelli gcncc report'>: They don't have a safct) deposit box with eight fake passports.

They've nc\er sat alone at midnight in a dinghy in Pcgg} 's Cove, armed only with a tlamcthrower.'' I luck stopped himself: he had ren.-alcd too much.

The professor appeared puzzled. "But surely, our constitutional structure reqUires an independent, dispassionate adjudicator- '' "Hut it's passion that Canada needs, · \X'e need people who care about out country -enough to dtc for it.'' Choking back tears, !luck cleared his throat.

CONTINUED at page 21

HUCK - from page 20 ''T;ake the passion out of the state's relentless pursuit of 1ts goals, and we're all sitting ducks. I'll tell you about a prcsstng and substantial objective that the Supreme Court could never understand: love for one's country." Tatiana's laugh fl shed through Huck's mind. "Love for someone who should have been able to trust you.'' ''Huck 1 deeply d1sagrce with ) ou. The kind of careful analysis and sober reflccuon provided by the judiciary '" necessary to control the exccuuvel" "]f you think that I haven't spent weeks of sober rcflecuon - weeks of torturous agony relt\·ing every httle thing that I should have done differently that day, then " !luck

"1 \ c been waning out in the cold for you, Huck.''

"And wh) would ) ou do a stupid tlung like that?''

"To give }OU a friendl) warning. Your latest temper tantrum is the tnlk of Ottawa. '!bat show }OU !,>2\'c at IIQ- 1111 pressivc, but stupid. Wh} can't }ou be a team pla}er. Jennings? \X h) do )OU always have 'to be the lonesome hero?

Take it from Plaxico Burress: sometimes when )OU shoot from the htp the only thing that bleeds is your own thtgh.''

Huck satd nothing. This was getting suspicious. '"And now that you don't ha,·c Tatiana around to defend )OUr swashbuckling to *** i\s the) the htghcr-ups, word IS that your career walked awa), is O\'er. If that happens, )Ou'll wish that J luck won- )OU \\ere back in Mongolia, wondenng dered how where those electrodes will be attached.'' everything !luck whipped out his mnja star and had gotten so knocked CJ. to the ground. KnccliAg out of hand. over him, Huck put the sharp blade of He'd tried to the ninja star to C.J.'s neck. "Now, that keep up wtth mtel is above your pay grndc. I ne,•er told his school- nnyone about the electrodes." ~ CJ. remained calm. "It was just a figwork a1tcr the disaster in Mongolia, hut it all just ure of speech. Get a grip." seemed so pointless. How could he preA crowd of law students was gathering tend that case summaries and study around the t\\'0. "You're a terrible liar.'' groups mattered when he had vcngcam:e I luck pressed the b\adc-mto C.j.'s neck, his mind? drawing blood. ''Tell me everythmg you 011 f 1 }I uck had half a brain, he would know about the A~sociation." ha,·L" just kC'pt his head down. You don't advance in the civil scrvict• by askmg the tough yuestions - C\ en if you can ask them in both English and French. But that plan only lasted a few '' ceks.

With her last words, Tatiana had warned Huck that their super\ isor kno\\ n to them only as Duplessis couldn't be trusted. So, the day before his crimmal exam, he flew to Ottawa. !luck was going rogue. If Duplessis was responsible for Tatiana's death, then lluck would teach him the full meaning of prorogation.

I luck parachuted on to the roof of CSIS headquarters, plugged into the mmnframe, found Duplessis ll1 the dircc tory, and activated the sprinklers. As bureaucrats streamed out of the buildingat a rapid pace t)pically unheard of in the public sector- Huck deployed his um2eVeT2SI8l..e CONDOM brella and made his way down to Duplessis' cubicle.

But the cubicle had been emptied out.

NAil, GUN Nothing was left, e..xcept for a stray piece SJ(...eNCeJ2 of paper on the ground. As the muddy water from the long-dormant sprinklers fell around him, Huck picked up the paper. It was a receipt - for a Westjet ticket to Fort McMurray, ;\lberta.

IJuck had spent the last month trying to figure out his next step.

L--------------------'

snapped, "then maybe) ou're the one who needs to learn about the multipurpose nature of a pair of phersl" The professor closed her eyes and summoned all of her patience. ''I think =-~~~a g(JOO rime to end class. Sec vou hll next week."

**

uriilate.rntly defme tlic scope of federal JUnsdJction, stncc 'lpJeace, order and good gm·ernment IS the only thing standing berneen Canada and anmhilation, and the only people who ha' c an inkling what that means arc the bra\e folks who holster up with a ninja star every da).' If ) ou \Von't c\·en engage with legal reasoning, then why should you be in our study group?"

I luck could tell that they had already made up their minds. "Et tu, Brendan?"

P1nally, Brendan made ere contact. ''You're cut, I luck."

\'\hlkmg out of class, lluck sensed three people behind him. His hand moved mo;tincti\ ely toward his concealed ninja star. ''I luck, we need to talk."

Huck turned around: it was Jaequi, Karen, and Brendan, and they were in a ~ypicaUy unpleasant mood. Huck tned to pretend that he was happ) to see them.

Jacqui and Brendan a''otded Huck's eyes. Karen sighed, and turned to I luck. "\X'c need to talk about our stud) group. 1t seems as it' our goals ha\C diverged from your goals, you know?"

"If }OU have something to say, Karen, Utcn just pull the trigger. There's nothing worse than a soldier who spends so much time rummg that she forgets to usc her ammo."

Karen spoke up again "\X1c can't have rou in our stud} group anpnorc. You ha, en't opened your textbooks; you dtdn't even study for December exams.

Once, we asked you for good law supporting one of your arguments, and you satd you spoke from precedent made bindmg through the spillage of innocent blood."

"Sure, J did poorly on my exams, and I almost mtssed the crimtnal exam. But *** aren't you supposed to help me? Our As he walked out of the law school, counU] hall!,>s by a thread, and you won't Huck saw what looked hke a familiar face extend your hand?" out of the corner of his eye. Huck "Huck, vou argued in )OUr consutu hadn't seen C.J. Gonzalez since training, tlonal exam that CSIS o;hould be able to \\hen the\ \\Cre lab partners m advanced

CJ.'s face \\ ent pa c. ~e t.ammae<J, "Ch-ch<h check the Conshtunon td.''

Huck wus confused "1867 or 1982)" C.J. souled fruntly. "1930. The l atural Re ource Transfer Agreements.''

I luck Joosened his gnp in confusmn. \ ConstitultOII 1rt of 19'0? \'\ ho'd e\cr heard of that?

C.J. scrambled to his feet. E)C'i '"'ide and wild as a stampedmg alpaca, he screamed at Huck, ''\'\ atch out for tho e people! They'll drag }OU mto the tar sands Wlth them!" C.J. turned around, ran onto Queen's Park Crec;cent, nnd thrL'\\ lumsclf under a car.

Huck stood coldl) mer C.j.'s mangled bod}. Someone m the gathenng crowd a~kcd, "Your friend, IS he dead?"

Huck turned condcsccndmgl} to hts na1ve classmate. "} le's been dead for a long time."

\X' 1U I luck put together the clues ahout the Association's nefarious plot? Can he track down Duplessis, now that he's escaped to the wilds of Canada's frontier? \'\ill Huck be able to understand first}Car Administram·e J..a\\ \\ithout the help of his study group? All this -and morel -in the next Huck Jcnmngs 1\d\enturc: "hxecuuve Discretionar) Power".

Based on tbe chamcter "Huckjmnings", mated I!J Dmk B9a1zt, Darz Moore, and Ben Nolan.

\X'oRST PRont crs 01 2009

BY CARA VAIJQllm1 (3L)

s ee12 ANt> MAT21JUANA sceNTeD CAJ2

FT2eSI1eNeJ2S

JANUARY DIVERS!< l~S

22

UV Eats: Burrito bliss

BY S >.MA!'I.'TH \ \'\'L

Few foods can satiate my large appetite. The heart)' burrito, though, can ahvays sausfy my hunger. The per feet burrito achic,·es a balance of a ,·ariety of textures and flaYours. I Yisited four burrito joints close to cam· pus. Burriro Fresh, which is rcncwating, is absent from this revic\\:

{3L)

the authenticity. The em·ironmcnt was ntce, but the owners ~hould have pald more attention to the actual burritos.

Quesada (200 Bloor St. W.) fhe chili-lime sh nmp burnto ($5.95) did not meet my expectation~. The place was scingy with their meat- at

Big Fat Burrito (529 Bloor St. W.)

...

The spier steak burnto (S7.50) was delicious and fiery.

The burrito, to my delight, was stuffed with lots of steak.

The steak was not tough, but was firm enough to complement the creaminess of the sauces, the mushiness of the beans, and the softness of the rice and cheese. also had the yam burrito ($7), a unigue alternative to the usual soy gluten vcgetarlan option.

The hril!,ht oranl!.e of the yam made the inside of the burrito colourful and appealing to the eye. The yam was ver' mushy, and the sauces overwhelmed Its mild taste. Nco;,-errhcJcss, J'd eat the yam burnt() 0\Cr any SO)' gluten burrito on any gh·en day.

The burrito sauce, made of garlic mayo and plantains, and the sweet and spicy hot sauce, wa tasty. The guacamole had a lovely creamy texture, but other sauces overwhelmed its flavour. The tortillas were crisp on the outside and c:.oft on the inside.

The owners of Big Fat Burrito run a bare hones operation. There were only two men taking orders and frantically cooking, meaning that the wait was Ion~ '\.o scats were available as it was take-out option onh. Rc. gardlcss, I was very satisfied.

least with the shrimp. The burrito \\"aS lined with about five measly shrimp, and since they were smothered with ft.llings and sauces, neither the chili nor the lime could be tasted. The grilled vcggte burrito ($4.95) consisted of zucchini, onions, and red, yellow, and green peppers.

The pre-gn1Jed vegetables sat in a pile, and unfortunatcl), I got the dregs.

Even though 1 asked for spicy burritos, the hot sauce and habaiiero sauce were only mildly spicy. The guacamole ($0.75 extra), howt;vu, though given in small portions, was delicious and buttery. 1 could definitely taste the avocado.

The tortillas were toasted, and the cilantro rice was well seasoned. What made this joint uniguc was the differ cnt types of salsa and beans it offered. It also provided cilantro, which gave a refreshing taste to the burrito.

The restaurant is bright and colourful with neon green chairs, white tables, and red walls. The owners also tried to make the place look authentic by scllingjarritos sodas, playing Spanish-language music, and adorning the walls with pictures of ~lexico. The burrito toppings and sauces were a medley of great fla,·ours.

The sauces that were supposed to be spicy, though, lacked spiciness and the main fillings were unimpresstve.

UV Eats: Fish & chips

I ! (

Burritos Bandidos (362 Bloor St. W.)

Fellow burrito lover ~tuart Rothman believes that not pressing a burnto ts cnminal. Conse'luentl); an egregious crime was committed at Burrito Loco - burritos were not pressed, but were instc.-ad placed in a conveyor hclt oven, which failed to toast the tortilla properly and provide enough heat to coax the flavours from the fillings. Staff were friendly, but they could not compensate for the very unpleasant experience of actually eating the burritos. Everything inside the vegetarian burrito ($5.49), and the chicken burrito (S5.59) - save for the dry chicken itself -was cold.

My taste buds were not seduced, hut rather assaulted, by the fla,ourlcss and cold fillings. The burrito sauce was bastcally salsa, and the hot sauce was not hot at all.

The vegetarian burrito was especially disappointing, as it was stuffed with just the usual toppings; there was no meat substitute- not c\·en more vegetables. Finally, the black bc.-an soup (S2.99) tasted like microwaYed canned beans.

The owners have attempted to make the place appear authentic by decorating the \\.-ails with zarape blankets, sombreros, and photos of ~fcxico. The restaurant also sold churros, coconut flan, and Jumcx juice, adding to

The haltbut burnto ($8.50, \Vas excdlcnt. Tender, moist, flavourful - the large fillet of halibut blended well with the other toppings. I tasted my friends' steak and mixed steak and chicken burritos, and the meat consistently came in sizeable portions. The beef was especially well-cooked and well-seasoned. The flayour of the soya meat in the \·egetarian burrito (S5.93) was prominent and gave a meaty texture, but tasted mismatched with the other toppings and sauces.

The cream~· lumps of avocado in the guacamole were tasty. The mashed refricd beans were also smooth and added another distinct flavour. The ~lcxtcan rice was beautiful, with corn, peppers, onions, and tomatoes nestled in the rice, but it could have used more seasoning.

The tortillas were crisp on the outside. Unfortunately, the salsa appeared store-bought, and the hot sauce w~s very mild. The burrito sauce was supposed to be a limecream concoction, but the lime taste was elusive.

'The space \\"aS austere, seating only three (more if you were willing to sit cheek-to-check next to a friend).

01\ ERSIO~S

ay 1 Dear Diary, Today is the first day of Law Garnes. I'm so excited to meet lots of new pl·ople .1nd sec what ~lontreal has in store! I just checked into mr hotel room and e\'en though we had to wait in line forever, it was okay because in ~1ontreal you can drink .wywherc! Crazy French! I think Law Games is going to be the best ;ime e\'crl ,\s rhe organizers said "Be Sptrit!" l think there seem to be some things lost in trans arion. \X'e'rc sharing a floor with Shcrbrookc and they seem awesome and mild·mannercd. They even let us jcnn them in a hallway game of flip·cup. Tonight we head >Ut to a super safe club to meet all of the other schools. I think people arc really going to like me because I'm from U ofT!

Harbord Fish and Chips (147 Harbord St.)

Day2

You may have noticed Harbord Fish and Chips before, but it has a funny way of blending into the background on the modest stretch of I Iarbord St. just west of its cmergrng restaurant district. 1 had never eaten at this ancient-lQoking white shack of a buildmg, and l was looking forward to the experience.

The first thinJ.,rs a dmcr might notice arc the S('ating and decor. Both arc minimal and sort of ilingy. Aside from the chalkboard menu, there ar(' no decorations to speak of- and not tn a modern mintmallst sort of way. lf you go to Harbord Fish and Chips in the wtntcr, don't bnng your friends. There are only four scats in the restaurant (not counting the picnic tables outside), and the chairs don't match.

The 1mpottant thing, though, is the food. I opted for the halibut combo (S 12.61) and received one massive piece of halibut, a huge serving of fries, a tiny cup of coleslaw, and a soda (note: this place is not licensed to sell alcohol). The coleslaw was unremarkable - mayunnaisc-hcavy, hmp, and oddly sweet. The fish was very go11d, and thankfully, there was malt vinegar available.

The b a u e r \\".IS beauti fully golden b rown, figh t, and ally crispy. The fish itself was cut nice and thick anJ cooked tn perfection- firm, moist, and tlaYourful. '!be hand-cut fries were ntce and crispy, too.

The problem with both the tish and chips, how~ er, was the unpleasant greasiness. The ncw~print paper that it was served on dtd not do enough to sop up the excess otl, and the grease had a heavy mste, as if the oil needed a change. 1\ meal at Harbord Fish sits in your belly like a brick, but it was probablr the best-cooked piece of fish 1 ate from the restaurants reviewed. Even with its t1aws, this is a great little spot for fish.

Chippy's is easily the most stylish fish and chips place 1\·c C\'er been to. Its tile floor, open kitchen, and exposed wood counters are appealing, providing a feel that is old-fashioned, but modern at the same time. Cnfortunately, however, they aren't licensed to sell beer.

I ordered the halibut fish and chips with sides of coleslaw and mushy peas ($13.49, plus tax). The fish and chips come served in an attracnvc container, with a plate provided for orders "to-stay". I doused the works in malt\ inegar nnd got dO\vn to business. My container had three smallish pieces of light golden brown fish which tasted rc~lll}" fresh and dean, but were not a!' moist as Harbord's. Unfortunately, most of the crispness of the Guinncss batter was con tined to the edges of the filctl\. It lacked the shattering lightness of the tdcal batter, but was still good and not greasy at all.

The fries arc cut nice and thick, and although they really tasted ltkc potatoes, they were unfortunately not cnspy enough. The mush) peas ·were admmedly a little frightening at first, but I found myself thinking of them fondly long after the meal. They ar(' an unappealing dark shade of green and the texture is thick and pasty.

CONn NUED at page 23

23

A very special Law Games diary

(31.)

Fish and chips, the old stand-by. It seems as though any self- resp ecting p ub o r diner senes up some sort of p late with battered fish and French fries, but fe\\· places do it really well. I set out to sample the fish and chips at three different jotnts close to campus and \\-as, by and large, Impressed with what 1 was served. \X'hat follows ts a breakdown of my fishy findings.

BY STI VI' SI.A\'1 ,::;

Chip py:S (490 Bloor St. W.) Burrito Loco (47 Charles St. W.)

27, 2010

Dear Diary, \\'ow, last night was crazy! ( >ur sunglasses were a ig hit, but I kept bumping into people because I couldn't see anything. At first, everyone was really nice about it, but when they found out I was from l ' 1fT they were less forgiving ... maybe it's just tough love? ,\t least our team captains arc super nice and taking their job senously- one of them even waited up in a chair by the eb a tor ~til night just to mak"e sure ~\·eryonc got back from the bar!

I didn't feel amazing when I got up for floor hockey this morning, but it was tons of fun and we learned a bll. . .. . . . new cheer. .. ! just wish I knew who Rory was ... hopefully I will meet him on the Pub Cra\vl tomght. I can't wait to wear my new scarf!

ay3 Dear Diary, Since we didn't do very well at sports yesterday (what the hellts 1<-.tnball anyway?), ·veryonc really gave it their all on the Pub Crawl. Poor Gillian. She didn't stand a chance at beer po"5'"~;,..•• thAt ~Y from U of S, but I fin:olly f•p;urcd out who Rory tsll \Vc were paired up with Dal for some of the games and their tambourjncs were so lo u<.!. Luc kily, som c ho d } m a naged to " trade" fo r o ne of them! The Pu b Crawl ·as really fun but I hope it's true that what happens at Law Games stays at Law

FISH & CHIPS - from page 22 The taste., however, was great -like split pea soup with a serious hit of black pepper.

The coleslaw was fantastic. It's vmegar-bascd and refreshing, with a hint of black pepper and subtle mustard) taste. Long after my 'slaw was gone., I found myself <llpping m) fries in the \inaigrcttc left in the bottom of the container.

All in all, the fish and dups at Chtppy's were good, but not perfect. For me, the Sides helped make up for these mtnor shortcomings, and the friend!) service and attention to detail make dining at Ch1ppy's a worthwhtlc experience.

T he Duke of York (39 Prince Arthur Ave.) Chances arc you've been to the Duke. It's a ret.,rular pub night It 1cation, and one of the most com·cnicntly located bars for the law school crowd. I was really looking forward to fish and chips at this spot. Not only do they serve beer (a class1c accompammcnt), but a couple of) cars ago, I had a great btg ptcce of perfectly battered fish served \\rapped in a London Times ne\\ spapcr atop a bed of crispy fncs here.

I ordered a beer tmmedtatcl). 'Jbc guest tap is an India Pale Ale from Scotland called Deuchars, and it's great - crisp, bright, and slightly bitter. J\::. I looked down at the menu, however, I was disap potnted. The fish and chips here ts haddock ($12.99, plus tax), a common hut less th.an tdeai chotec. \Xnen the fish arrived, the watter rcmm cd the piece of (tnkless) newsprint from beneath the large piece fi'ih with a tlouric;h. The batter was dark bro\\ n, and the fries a pale gold, and they appeared to be h.and-cut. The coleslaw was a pretty standard mayonnaise-based ,·ersion. It benefited from a squeeze of lemon and a shake or t\\o of pepper, but \\"aS pedcstnan at best. The fnes were better, and so was my next pint.

Games ... I managed to get home \\'ith my scarf still on. E,·cryone \\"aS tr)ing t trade for it, but you know what they say: the only way to get a U ofT scarf is to ge in!

It \\"aS even harder getting up thb morning for Yollcyball.. .and that U of 1\ wearing our sunglasses looked so famili:tr, but I can't fi!,_rure out whyl

b'U}

\X'c made the playoffs for soccer- our last chance at redemption! Just betwecc you :tnd me, I don't think we have a very good chance. I heard UBC has a tota nngcr ... ' I'ime to go put on my toga! I'm sure glad I rcmem hered to hnng my own sheet so I don't have to usc on from the hotel.

Day4 Dear Diary, \'\"l·aring a toga last ntght was so liberating! ~ore to self: in\'eM in a larger sheet. J\fter the bar, there was a craZ) party in the hotel hallway, but a few of us decided tc lea\'e and hit the party room. Unfortunatclr we had t< take thl· stairs because the elevators were broken. I sure hope no one got stuck in them! The part)' room was lou: of fun :tnd we even won "The \X'all" competition! Wh( knew U ofT students were ~o athletic (and tlexihlc!)?

It's the last night, and maybe that's :t blessing- I don't think my body can tak much more of this. It's a good thing there'~ an open bar tonight. I don't need t< worry about hitcing on people from other ~chools to get free drinks anymore. The food better be gcx>d. They promised "pleasures for everyone" and I'm not lcavin until l get it.

Well, I'm off to watch soccer playoffs. l think attendance is mandatory based o slgn~ m ade by our annoyin gly perky co-captain!> . .. !>erious\y, crayons"?

th(..

CONTINUED at page 24

The Fuller's London Pride- a ·or-- .._,. bitter ale from the UK matched perfectly with the fried fare.

I put my fork into the fish, anJ noted that the batter was cnsp); but oddly thrck. ~ot as thick as the batter on a corndog, hut getting there. The fish itself lacked the firm tcxturl' of the halibut available The besr thing about the Oukc'11 fish & chips. clst~whcrt', and it gets a little lost in all that batter. Like so much about the Duke, the

fish is pretty good, but unremarkable. It may saust}, but It

\\ill

never electrify.

..

24 LAW GAMES - from page 23

D ayS Dear Dlar), 1-'1 t rught wa<; fun- but I can't bchc\C the~ \\ouldn't gl\e me more than one bottle of \\inc and four beer bottles at one ttmc. \'\ hat kind of open b:Jr 1s that?! It was super cxc1ung to sec l ofT up on !iLlgC for the soccer b:Jnncr- "e nctuall} ''on somethmg~ Back :u the hotel C\ Cl)bod\ \\J re.td} for a good umc- I ju~t d1dn't realize 1t \\Ould include frun and hou chold apph:mccs~ Danang. c;ingalongs. and bounang on the bed will be some of my fondest memories of I ..a\\ Games. Grantet!, they are also some of Ill\' only memories. \Xc're on the bus and just gerung mto ' l(mmto. \II in all, I think I ha\e some nc\\ friend<;, <;omc nC\\ cheers, and lots of grc. r stories. I'm sure<.'\ en one hack .tt <>chool \\lll be so txCitcd t<l hc.tr .UJ about them ... rcpcarcdh

4 Days Post-Law Games Dear Dl.lr). :\I} \OICC sounds hkc a J3 }C;tr old bo) and I'm prctt} sure I ha\c pncumoma. Sull \\Orth Jt. I ( only ITI} ankle \\ asn't the Sli'C of n warcrmdnn.

==::::;:=:=::=:::::::::::=;;;~~~~~~~~~~~~

At Davies we measure our achievements by one simple standard: your Interested in joining our team? Visit us at dwpv.com or contact Frances Mahil at fmahil@dwpv.com