Ultra Vires Vol 11 Issue 5: 2010 February by Ultra Vires

THE STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

VIRES

ULTRA VOLUME 11, ISSUE 3

February 24, 2010

WWW.ULTRAVIRES.CA

Follies cast puts on quite a show

For more pictures from Law Follies, see pages 8-9.

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Law students for Haiti:

I B\ CHRIS LEW!\R:-<1 (lL) I Foasting fot Haiti? Dan« P"''Y fot Haitians? They say lot of money fot the H'"ti telief effott. Despue the mut· I living well is the best revenge, but does the same hold for munngs about poll tical correctness, Feast For Haiti was I relief? As 1 was thinking about this article, Emily Shepard able to mobilize the student body, the Dean's Office, and 1 approached me to make sure I knew about the upcoming even some faculty to ratse nearly $3,200 for Oxfarn in only 1 Triv1a Night for Haiti that she's helping to organize. three hours at a potluck lunch under Bora's watchful I

Laudable or laughable?

IN 0 EX • NOTES FROM ABROAD .••P.3

Thete's nothing trivial about what's going on in Haiti,

Head. The Haitian Relief Dan<e Pa.ty was a clinic in

Emily. Has the view from out ivoty law school towet become so distanced that we fail to see the cruelty in flauntmg our abundance in order to relieve others' absences? There seems to be a clear divide around the law school about our approach to beneficence here. These projects a<e eithet d>Stespectful fot pointing out the td· ativity, ot they transcend the imny of nomenclatme in their objectives. Justin Nasseri, one of the mganizm of Feast for Haiti, certainly got some heat for the name of the campaign from various students. His response is unwavering: "I think the people we are trying to help ~rthe lehss concerned with promotion tactics than they are Wl t e success of out effotts DollatS and cents, man. Whatevet it takes."

grnssmots ausal P"'tymg, it saw I L otganizm team up I with a local promoter to throw a massive party at Tattoo I . CLERKING AT THE scc ...P.7 Rock Parlour. While dancing for disaster victims mar I have been unpala~able for some, over 650 people carne 1 • LAW SCHOOL SURVIVAL out to dance all rught to motown, R&B, funk, and espedally soul' taising neatly $4,000 dollats fot P"'tnetS in Tl PS·.•P.1 Health. Both events S"'i'assed pmjections and wcte, by all tangible m..sw-es, huge sucoesse• OLYMPIC TALES ...P.1 0 So yes, we gorged for the starving and we danced for I the .. we raised $7000 doing it. These WHY ADAM GIAMBRONE ethvents mcentlVlZe.d stuthdents Ito gtalvel thand tohilhel~1andb gahve I SHOULD QUIT THE TTC p 12 em a war to enJOY emse ves e w e. l" ay e t e •·· · view from out towet is lofty, but at least we'te looking in the right direction. I • UV EATS VEGGIE...P.15

po~tional

So maybe I was being too harsh, Emily - sorry. After all, people seemed to love these events and they raised a

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l~ilJ~Srfi-IEJ~D Letters to the Editor (or, last issue's pressing matters) /11 lim of a 11/tl.flhead this issue, u·e presml proqfthal at lraslro•o people arr reading! llcllo, I am quire.. surprised at inaccuracies and shoddy research in the article "Safety at the l..a\\ School- sorting out fact from fiction." In an arnclc about safety at school, you is.,rnorc the massive break-in in .1\.m·cmbcr 2009, when the Dean's Office in Falconer as well as a large number of lockers in FJa, clle, were all broken into over the same night. Perhaps you did not sec the large number of police officers crowded outside Palconcr that da~~ and you've also missed that many lockers in the basement have been cut open and still have not been repaired? Your arucle drums that the library only reported one laptop theft, and that reports of rampant theft arc therefore only anecdotal rumours. I do~'t know why you as. sumcd that the librarian has the most accurate records. I think most people \vould report w the pol1ce, or the admin office dtrccd). I saw two thefts myself dunng exam week of 2009. You could also have dlsUnf.,>'Ulshed between thefts at the library and thefts at the school building. Wh,· did rou not check with the administrative office in Falconer about their theft records? \;ou also do not disclose how many thefts the SLS has recorded. The campus police should have the most accurate records, but nothmg on that either. There wc..re no attempts to contact any of the victims of theft at the school (records that the SLS would have' to ask them what had happened. 1 find It amazing that the article concludes that theft docs nor appear to be a systemic problem, and that based on so little research you had the audacity to call this article a report to cYaluate the current leYcls of security ar the law school. Ken

J:d. - .AJt}Jot~_gb the SD hos gathmd personal stories regarding sdfety/ tbejt indde s, it bas do!lt so ro'!fideith'af!y alld IJa.r 1101 kept fJH/Jibtrs. Tbe kin' srboo/ flWIIinislrahon also aon not brp JI(Ch IIUIIJ/Jers, and canp11s police ba.r apoliry of no/ releasin...~ this injom1alion. 1Ft do apologize for the 111iskadinc~ title of thr article. The titlmt u•as lo joCIIS on thefts at tbe library·, since thr library· staff does hrp records of Sllch incidmls, uhich John Papadopoulos sbared uitb 11s.

BY S.\R.\11 )<>1'-:t:.S (2[, I..ast year, in the class former!) known as Professor Carrie :\.feckel :\.feado\\ sug- reputation for ignoring foreis.,rn courts Legal Process, Professor Ayclet Shachar gested that the undcrstandmg and friend- (including the Supreme Court of passed around an article on the brand ships created at thts Centre could one day Canada). So, whtle I do not know her new Centre for Transnational Leyal Studlead to world peace. Sure, that's a lofty feelings on International law; I d1d learn ies that had been established in London. goal, but the Centre puts Its resources be- that Justice Ginsberg thinks that the facilShe enthusiastically pron;toted the prohind it, ensuring we are given every op- ities at the Canadian Supreme ~ourt arc gram by explaining the growtng Imporportunity to learn from each other and not as ornate as its Amencan counterpart tance of international and transnational but that the food served m Ottawa is challenge beliefs about our own legal syslaw in all legal disciplines, from commer- terns. Each week, we have renowned Icc- better. cial investment arbitration to human turcrs visit to test out new Other lectures have chalrights. As a keen student, 1 duly wrote theories. Ugo Mattei, vislenged the legitimacy of indown: " International law v. impor· iting from the Uruversities ternational arbitration and rant". of Califorma and Turin, mediation- a question that I'm glad I was paying attention. I'm declared in no uncertain 1s related both to our respending this term at the Centre finding terms that we should required core course in comout just how much is happemng in com- consider our fundamental parative law and to several parative legal studies and international belief in the rule of law. elective courses. The proIa\\: The Centre for Transnational Legal The debate after his talk fessors pick the subjects Studies is an exchange program dreamed out-lasted the reception they teach, so we know up by the Georgetown University Law and spilled into the bars professors love the material Center, and supported by ten different along Chancery l..ane near they are teachin~. My founding law schools from around the where the Centre (and the smallest class is foul' s\uworld, including the University of courts of I .on<.lon) is lo-~_.......-~ dent" (a C~ana<\\an. ·.~n

uv Wants YOU.

Hi guys, 1 enjoyed your recent Keu: vs. Kang feature, but want to clarify something. "My" summaries aren't entirely mine- they are a mix of o~gtnal work, friends' work from summary groups, and the work of prior students. ~lost of them were then cdncd based on what professors emphasized in class. l 1ke all of us, "my'' summaries are standing on the shoulders of giants. KeirWilmut

Notes from abroad: Centre for Transnational Legal Studies in London, England

to write for us! For more information, contact ultra.v.ires@utoronto.ca, or drop by our office in the basement of Falconer.

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participating schools contribute professors and students to create international classrooms to debate the way law is practiced around the world. \X'e arc comparing civil law, common Ia\\~ arbitration and mediation, and debating if the future of law will be judged in courtrooms or arbitrated in boardrooms. In her welcoming speech, G<:orgetown

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\X'e c\·en had the priYilcge of ha\'inp Justtce Ruth Bader Ginsberg join us t(Jr a guick talk. She remarked that she has participated in se\·eral international exchanges to learn about different legal systems during her own legal studies, and wished us well on our endeavours . ..\fany of the students were disappointed that :;he did not mention the United Stares'

BY (II. \1\:

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

Tina Yang ]elena Vlacic Aaron Chnstoff Abrar Huq Cassandra Florio Andrea k.tm Laura Lam Robin Elltott

Ultra Vires is an editorially autonomous newspaper. \\'e arc open to contributions which reflect diverse points of viC\\, and our contents do not necessarily reflect the views of the raculty of Law, the Students' l..aw Socicn· (SLS), or the editorial board. We \\.·elcome contributions from students, facultJ, and other interested persons Within the law school community. Ultra Vires reserves the right to edit contributions for length and content.

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Conlrilmlors Cassandra Florio, Kara Hardin, Jonathan flo, Stephen Hutchison, Sarah Jones, Chris !~warne, \1eaghan '\fcDerrnid, Dan Moore, :\.fichacl Rosenberg, Karin Sachar, Cizan Sultman, Isaac Tang, Enc Turkicnicz, ]elena Vlac1c, Jacqueline Wil son, Tina Yang

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stuch·ing compar:lti\ e consticutional bm legal .syMcn1s, including the:: \\11)' law j,.; Sabrina ..t\. Bandali, another U of T I..aw taught. W'hile some pub nights c/o end student on exchange here, writes that her up comparing the ad,·cr~aria/ to the: inEuropt."':ln I Iuman Rights I..aw class "usc~ quisitorial system, most are ~pent commock trials to explore cases currently be- paring accents, Olympic statistics, or just fore the European Court of Human making plans for the weekend. Then Rights" while "other classes arc larger again, far be it for me to deny the power and more lccmrc-stylc, and encompass a of 1\[J CoHsJit Vi1111ie to foster world range of public and private law subjects." peace.

The ''worst of the worst": the story of one Guantanamo de• ta1nee

Ed. - Ktir, n·e lot•eyo11! Call us!

Editor- In - Chief News Op ini on and Editorial Features Diversions L ayout and Production B usiness Manager Ad Manager

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The extra-curricular life is yet another thing that holds this program apart from U ofT. The weekend adventures differ in that we can take advantage of the fact that the Centre is located a cheap flight from the majority of Europe. Also a bit different is that many of the students arc studying law as an undergraduate degree. I have heard more than one remark about how this program is much better than high school! (At my first house party of the term, I felt a bit nostalgic, remembering the joys of getting away from home for the first time.) A U of T student who attended the Centre last year mentioned that the students became a tight knit group by the end of term and it appears to be no different this term. This may be due in part to the required (and funded) pub nights, mo""ic nights, and dinners, as we\\ as a \Out" of the Rn'ia\ Couns of )ust\ce, among ntnet" soc\a\ ac-

Advertising inquiries should be sent to the attention of the ad manager at ultra.vires@utoronto.ca. The next issue will be published on March 24,2010 and the deadline for submissions is March 20, 2010. The submission limit is 850 words.

Communications Centre, Falconer I I all 84 Queens Park Crescent, Toronto ON MSS 2C:5 ultra.,ires@utoronto.ca (416) 946- 7684

n rhe debate about the torture of \fghan detainees handed over by Cana·an Forces- as in the debate in the U.S. >Ut the torture of detainees at Guan> Bay and Bagram 1\ir Base- it is .....'·""'"'""' for defenders of the governpractice to point out that those in tion arc really bad people who do t de-

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Richard Colvin that detamees handed fact that many of these detainees arc over l>\· Canad1an forces to Afghan au- subse<.juently released without charge. thoriti~s were routinely abused, Defence Since October 7, 2001, 775 detainees ~linisrer Peter ~Jackay claimed that haw been brought to Guantnnumo. Of Canadians arc being asked to accept the these, approximately 420 ha,·e been rcword of prisoners "who throw acid in •lea-:ed without charge. By ~ovembcr the face l.rif] of schoolgirls". In 2002, 2009, only 215 detainees remamcd. The tragic story of Yasscr T:alal ,\1U.S. DefenSe Secretary Donald RumsZahrani remains a cautionary talc for fcld famously those who would excuse the mistreatreferred ment of detainees because of the their evil acts. ,\1-Zahrani was born in Saud1 to G uanJ tanamo Arabia in 1984, the third of nine chilprisoners dren. In the summer of 200 I, having as "the just tinished grade 11 at the age of 17, worst of AI Zahrani obtained permission from h e h1s father to go to the United 1\rab Emirates in order to take English language wor~t". l.ost in and computer courses. lie then tra\·clled this rhet- to Afghanistan where he worked with Isoric is the lamic charities. ln Afghanistan, he was

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detained by border tribes and sold to th l J.S. military for a bounty, as an combatant". f lc was transferred tl Guantanamo in January 2002, where ht was among the tina prisoners to and was held for three months in a wire-mesh cage. J\1-Zahrani ~as not nouficd of th< rL-asons for his detention, except for th< unilateral and unsupported dctcrmina· uon by government ofticials that he wa. an "enemy comb:ltant", and he had opportunity to ch 1lkngc his for two vcars. In September 2004, Combata-nt Status Review Tnbuna (CSR'l) w:ts convened, ostensibly t1 allow Al-Z:thrani to challenge his detention. It reached the conclusion that dctt·ntion was justified. The Tribunal according to J\J.Zahram's famil} 's. ..

CONTINUED

ULTRA VIRl·

LAW 2010 31

\\de me to pnn , \\hen the demands of b\\ x>l c plodc (aN. J) \\1th much Ad\ nee\\ mtn<> that 1 nC\cr taken n ous.h eno h) nd the ad\unugc of l nf 1 J..a\\ arc real!) put on the table. \mtd t the flurry nf aem It), one uch d' ntllge 1 mu t du: PINtA\'\. The name 1 nusJeadmg; PI, tA\X 1 not n progre J\c C}Ch t' look at C)dmg and the IJ\\ (a cl.l our chool ha not }et of. fcred, urpn mgh) PJ J.A\\ tudent Puh!Jc lntc~rc 1 ct\\nrk J.cgal Actton \\ork hop) 1 large 1 tudent run public antere 1 Ia\\ conference tn ( n ldJ. The confer

SLS elections -and why you should care

uf the ad\cnt of u n 15 of the Gtru dtan Uart r 11 R« 11 and hred. m1, the A plea fro m the Presid e nt thane for the conference I a re0ccuon lh JHAC T\M, (31 on the p3 t 25 )~rs of equaht) JUn pru dencc 10 Canada, and the futurt> of Jt' that ume ag:un. 'Jbat's nglu -get uoned al.Jmc, the Issue rem:uns: \X h\ cqualtt\ 1 ucs 10 Canada and nbroad. rod) for anotht>r \\eck of camp:ugrun' C\cn \Otc? I our panel and two \\ork hops wdl and tudcnt gO\cmmcnt thumpin' fun. Bestdes the case of voting, and the htghl1ght the dcn~lopmcnt of cqll21il) ju J \Cr} March, the SLS decuons pre- democratic nature of thts process, \Ot n prudence tn publtc mtcrc t law. J·or ent an oppnrtumt} for students to come ing IS the onl) means b\' which students example, one panel addrcs es the equal out and elect thctr represcntaO\ cs for the can lcgltlmatclr say that the SLS fntled to It), or l:ick thereof, of \bonganal chtl next \Car I rom the J~xccutt\c po iuons meet thctr expectations. Or, u ing dren m unad.a. The panel wdl bnng (President, \'P Ac.1dcnuc, and VP Af legalese, u docs not lie m the mouth of together mdl\ tdual from tmdttional clan f;ur-;J to the 21. and )]. rcprcscnta ,.,--~--mothers, indl\ 1dual ti\C on Caucus and \ffa1rs, the from acadcnua, and elccuon .uc .1 means by \\ htch to llaudcnosaunce keep our studcnt gO\ cmment acChtld and l•anuh countable Rcgudlcss of pnor excnce IS an opportu en1ces \gene} rep perience on the SLS, or in student 1111\ for studc.;nts, !;;l!ilj. rcscnt.ltl\ cs to dts politic.'> .at .til, e.1ch student must be loc.tl ncm I t~. cuss the challenges clecred or ncclatmed to their postIa\\ ~ ers, ac.1demtcs, of transittoning to a uon for the upcoming) car. and other members S\ stem whcretn the Despite the importance of thts of our communtt) to Canadian law prc- dcctmn process, however, rhe stu paructp.ue Ill \\ork- ..__ _ _....;,_...;.;._ _ _ _...:.._ _ _.J ser\'cs and constders dem \Oter turnout has ah\ays been hops, hear pcakcrs, and engage In dis- traditional nghts and the best interests of well short of half of the student cusSJon on important publtc law issues. t\bonginal children. Other panels \\'Ill population at l' of T Law. Con\ number of, p:mcb expose participants look at sexualil)· and refugee drums, law sidenng that our dwmdhng federal to legal clc\clopmcnts, spark debate and and de,·clopment, and health Ia\\: There election 'otcr turnout rate is sull in pirc indt\·tduals to address and take re- arc also twCI work~hops fcatunng the fu just sh, of 60 per cent, and that sponstbtht) for the de\ dopmcnt of pub- ture nf e(JUality tn Canada and dic;abilitv law students arc nllegcdl) the most lie law. More hroadly, SPI;:-.;:LA\'\ atms ri~hts. • politicalh attuned people tn pro \<) ~;;n:a\c a.n~\ \tengthcn a nct~ork uf Tht yc.u'" conf11rcncc 1s to be held un fc stonal schools, thta lack of voter A • • • em the tu.S c<>uld be the 6n& Mep _ . , . belegal professionals \\ husc jmcrcst In so S:uurd.w,J\Iarch 13, 2010, at the I Ill\ cr turnout I'> qunc surpnstng. comlng the next Bob R-. Or P~n•t Martin. Gil lillY eta! jusuce mantfc ts througlt their legal :;it} of 'Ihwnro Fnculty (>/ l.n\\: 11us .trtJc/c wJI/ :.rtcmpt de m\ sof uur nthC'r auper tiCltorull) liuc.;cC'ssful 11 ham. practice and interests. \X'hether or nor you are intcfl'Stcd "' rifr the clc.·cuon process, :md prcsenr ar- the srudcnt \\ ho drd not HHc, then to incc 2010 marks the 25th anniwrsary pracricmg public law, the conference is gument~ for wh} students should not compl11in 111 the folio\\ mg }car tf thtng

SPINLAW 2010

CONFERENCE EVALUATING EQUALITY After 25 Y, rs of Chart Jur pru:l nee \ATUR\oA'I

MAR(~

alwa}S thought pnl\·oking, cngagtng, and fun. If that isn't enough, Jt's free -and there is at ways dcltciou food! Thanks tn ad\·ancc to those tirelessly work ing to bring the fun and food to the rest of us. The conference ow1ll undoubtedly do what it aiWa) s docs: lnsptrc a better to· morrow by makmg space for a bcttcrtodar. Fe •r more information, chec.;k out: \VW\\:sptnlaw.ca.

onh• \Ole, hut also imohc thcmschcs tn some capacny dunng the elecuons.

The election process The eJection process for most students, '' tth the cxccpuon of the candidates, is <tuttc sunplc. All students \\ ho are runntng for a position wtll h.tve thetr name and statement of tnterest posted on Hcadnotcs, and e matlcd through the student listscn. Each of the candidates runnmg for positions on the Sl..S will then be gi\'cn roughly a week to campaign in March. During thts period, all students arc en couragcd to ask the cnndtdates questions rcg.trdtng therr platforms and what they tntend to accompltsh on the SJ..S next \car. Candtdatcs \\til close their campat!,'llS With a hort speech at the school, and then 'otmg hegtns. lbts ) car, the \ oun~ pcnod \\ tll he hdd hct\\ecn March 16 and March 18. I or tho e \\ ho arc currcnth unc;atJs ficd \\1th the SI~"i or thts l.m school's ad muustrnuon, thts ts the perfect opportuntt} to \Otce concerns and sugge tton to the candtd.ucs, and to make tnformed dect tone; after asses ing can dtdates' capaCJI) to address }OUr qucs uons thorough!).

Why students should care Regardle s of the elecuon process men-

do not go their way. \X'tthout \Oting, 11 is \Cry possible that a candidJte who \\ould othcrwtsc h:l\c ach ocatcd cffccth ely on studentc;' beluh·cs did not get elected. Or, C\CO worse, that the person who \\as C\entu ally elected IS completcl) incompetent, or is stmpl) using the SI..S as a means to pad their resume. The bottom line is simple. Voting is the onl) means hv which students arc entitled to complain, and vnttng makes it the rcsponsihiltty of those elected to respect such complaints. l.ct's make it to SO per cent thts year.

Interested in running for the SLS? \Xc all ha\'C a fnend or a colleague who \\C think wdl do a better job on the SJ.S than that current Pre idcnt or that class representative. Thts 1s your chance to take action, and encourage thcna to run. Or, better 'et, to run for a position on the SLS \OUrself. Dc..'lldltncs for applications for I.S positions'' ill he due on ~larch 8.

FJ·BRlARY

24, 2010 5

GUANTANAMO - from page 3 turned out ut he th~ fint of three dcto~me ..law,er , dcmed AI Zahrnm the ngln to • n anornC\, de3d thlt mght J'h comm ndm officer at (,u n demed ht nght to ec all the gm crnment' e' tdcncc tan.tmo, Rc:ar :\dnural I Inn I brn • qutd:h <I bred a~am t htm, cffccmch demcd htm the nght to pr nt the death to be wad Dunn • the an ht own\\ ttne c and e\ tdcnee, and al o dnuued n 1 nr,unc mem, 1-farn proc ded to d cnbc dcnce obtamcd b) torture. In the four \cars that \1 the pparcnt utad s "n 1 n. ct of d Zahrnm rem:uned 111 Guantanamo, he \\a not able to penuon", but rnther" n ct uf d \mmet meet wuh a smgle laow1er that \!:ould pre hts en c. In rtcal \\urfarc \\1lged agam t u " 11u: 2008, Ill Boumedicne ' · Bu h, the l '. . uprcn1e C.Oun Pentagon' Chtef Pr ( >fticcr, Jcffre} ruled that the C RT were an lrutdClJuate rt'\IC\\ procec; Gurdon, de cnhcd the de cJ ed for Guantanamo det:uncc to challenge thcl[ detention. tcs hke the

report, pn men In letters\\ mten b) \1-Zahmru, he descnbcd mulupl Kim; the people thC) tned t Nuremhurg". \\'Cfe held In non dJolnan cdl , form of ph) JCal and p }Chol''h'lCJ! bu c he nnd other "l11e Dcput) \ SJ tant e ret r) of tate, the c u n were curnmmcd almo 1 detamec suffered, includtng bc:aunh'S. Jeep dcpnnmon Colleen Grnff), told the BB that "taktng tmuh.aneuu h. I urthermorc, the) for up to 30 days, expo ure to extreme temperatures of thctr O\\ n h\ es \\'2 not necc •U), hut It \\~re able to do th ~ and the bod hot and cold, Ill\':I "c and degrading bod) carches, and cemunl} 1 n good PR mm c" rcm;uncd undt co\ crcd for t\\·o \\hat he de en bed as the "conunuou opprcsston" of The clauns of utctdc, although \\ tdcl) hours cl ptte the fact that the cell bemg 1sol:ucd in a small confined tecl cell and bctng accepted b) the medta, \\ere nC\er ac were under con tllnt \'ldco nc1 gwrd prohtbited from human contact wtth other dctatnees. ccpted hr J\1 Znhrant's fnnul). \X hen the unctllancc. Jn an expl•~l\e aruclc Saad ai-Azmi, a Kuwaiti man who wn later freed from bodic of AI Zahrant nnd the t\\o other ' - - -- -- -- -- - - ' m Jlarptr} m •aztne on J:muary 18, Guantanamo \\ho had spent a week in a cell next to AI dccea ed \\ere rcturnol to their fanultcs, they hircclm 2010, cott Horton, after lntcnaC\\ \\1th four members

Zahnuu, «"ifiod chat AI-Zahnun ~, • ~ '• dopondcm aud• ond .; padmlused to tell him they would "strip ''IN 1111 1Ot.:lt 'a l.ARS 1 IIA1 ts tn perform autop ies. Both hirn to his unden\car, bind hts hand A ,.. patholog~ t noted that the throat . "'AiiR Nl Rl MAIN HI> IN \ >UAN• and feet together wtth Iron shackles, of the pr1 oners, \\ luch '' ould • TAI'AMO HI \'\:A NO'J' ABII TO nnd pour cold water on h1m" dunng ' ha\ c been the natural focu of nn 1 1111 interrogauon. 1o protest his dcten- ~II 'J' \'< A SINt.IJ I.A\'<'n~ autopsy dctcrrntntng \\ hetl1er tion, AI-Zahmni was constantly on THAT 'XOlJJ) PRJ HI~ LASt·" 1 death \\as clue to hangmg. had ~,. been rcmm;cd pnor to the return hunger strikes, and was force fed for u' a penod of ix months. of the hO<hes. \X hen AI-Zahrani' But, b) June of 2006, thin!:,>s tartcd to look up for father \1ewed his on's hod), he noticed that there \\':IS AI-Zahrant. Ha\tng prm ided no cvidenl:c that AI- a ma}<Jr blow to the nght sade of hts head and stgns of Zahrnni was hoked to tcrmnsm, the I J.S. gm crnment torture on the upper tnrso and palms of Ius hands. had cleared htm for release. In a letter wlus family, AI \'\'ork hy ~tudcms and fal"ulty :tt Seton 11:!11 Law Zahrani wac; optimistiC that he would he all• •wed tn rc School rcvc:,\cd that the N.wal Cnmmal \nvcsti1•ativc

tu~n hn,..... ac.x~

( )n june JO, 200(l, at 12:39 .~\.\1, the body of then 22 \'C<Ir old J\1 Zahrani was found in his cell, in what

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of •he ~"'""l' ln•clhgcn" Unn a '8""1to guaM the camp where the 1hrcc decca e<l \\c.re held, provadcd e\idcncc that the three pri oncl"li were mmsponcd 10 an other locaunn mere hour bcfc rc thctr death. In Janual'} 2009, AI i'~hrant 's father brought a un agatnst agent of the l'.. he hbme for the nu treat mcnt nnd death of h1 son. In rc pondmg to the ult, the Obama admtnt tratJon lii'J.,'Ucd that, because n \\'>~ not clear at the tJmc that detamee had a nght nOt to be tortured h) ll . oftioal at Guantanamo, the e officta1 have "qualified immunuy" from sun. The Obanu jus ticc Department, gmng further than clmms made under \~ush, alsC> ·'fh'Ucd that, even today, the ptisonL'Ts have no ng.ht to "'uch hr•'!.lc <.:<>1\!'o\1\uuona\ protc\.-..Uon"' a"' the due t"1't.K.if!'M~ u{' \a'W nt' \.\,e

realistic account of th.c death 'I. ccordmg to th\: 'C\S documents, ,\Ir. %.11Hnlli :wd hi:; run fellow prisoners

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Get conn,e cted with Torys View our student videos on YouTube Follow us on Twitter Download our podcasts on iTunes www.youtube.com/torysmedia

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If any potmlial randidalrr hare quulio111 rtg,arding the linJe COIII!IIIIIIIml, ruponsrbilliiu, the llalun of the JOb, elr., fir/Jm to rorJiad l.raar Tang al isaar.lan!{a,~ttoronlo.ra, or nl!) of the SL\' repmenlatit·u througb sls.la»@Ntoronlo.ro.

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Clerking for.the Chief BY ,\lu 11\1 t. Ro~1 NIII ·R<, ('09)

This is theflrrt in a srries rf articles in uhich rermt gmd11alt'.r ll'lll share their 11niq11e or 1111/ISIIalpost-/au•school e.\.pfrimru. After graduation, I packed my life into a U-l laul truck and headed down the 401 to our nation's capital. ArriYing in Ottawa on a hot summer evening, I barely had time to unpack before It was time to nport for my first day of work as a law clerk to Chief Justice Beverley .\lcLachlin. A rear and a half had passed stnce I had been offered the job, and I was excited to step inside the Supreme Court of Canada, finally. I remember being nervous when l first sat down With my new boss, not

the Cheap? > The facts about working for Canada's Department of Justice

Despite my initial trepidation, I quickly discovered that the Chief Justice is easygoing and funny, and that she genuinely cares about the people who work for her. The law clerk's job is a strange one, because we arc expected to jump in at the deep end and get up 'to speed very quickly. As one of three clerb to the Chief Justice, I help my judge to prepare for hearings, write reasons, and decide whether to concur With judt,>ments that arc

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I W< 11.1ld he able to meet the h1gh expectations of such an accomplbbeu judge. Tl)e chambers of the Chief .Justice an.· designed to 1mpress. Dark wood panelling runs up to the soann~ ceilings, and the room is dominated by a huge Art D eco desk that seems equal ro the task of penning weight) judgements. On that first day, -the Chief Justice was hard at work in a crisp white suit, surrounded by a sea of documents. She greeted me warmly, and I, very much at a loss for words, muttered something incomprehensible in response. Ever patient, the Chief Justice inquired about how I was settling in, and then passed me the lined yellow pages that would be my first assignment. With that, l was off to the races.

-I

ready for sihmature. Despite the demands of the job, the Chief Justice recognizes that her clerks arc still relatively new to the practice of law, and she takes care to teach us the intricacies of legal

talented group of fellow clerks, who astonish me with their insight , and with whom I very much enjo: discussing my work. 'l11e clerkery (abo known as the "derketariat'') is a tight-knit group and we have become fast friends, bonding over late dinners and the e1..-ploits of our (hopeless) rec league team, the Benchwarmers. The Chief Justice has been a dream boss, r:l\1ng her clerks as guest at her cottage and for dinner at her home. She even kt us cook for her and her husband - no small challenge, since the Chief Justice is herself the author of a cookbook (entitkd KtrJ>tr.r, and now in Its third edition). Despite a few mishaps in the kitchen, the evening was not a total disaster, and tt cemented my conviction th:lt I would not trade th1s job for anything in the world.

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tions in a wa) that engages the partles' concerns, h<':lning language to conH'}' comp/e7\ conet'[HS in a straightforward manner. 1(J /)(: c:errain, lace nights at the office arc a matter of course t(Jr Jaw clerks. There arc some who keep a Thermarcst under their desks, and others who \\ish that they had h:td the foresight to do so. However, the job presents an im-aluable opportunity to see firsthand how judges think anJ what factors influence their dec1s1ons. ~ow that I am halfway through my clerkship, 1 have begun to get the hang of life at the Court. l\ty favourite part of the job is that I spend my days thinking about In addition to being Canada's top jurist, Chief Justice Beversome of the most pressing legal problems confronting ley McLachlin is also a commander of the French Legion of Honour, and has about 25 degrees. But who's counting? our country. I am also fortunate to have an impossibly

Survival tips from the Peer Mentorship Program: A fireside chat, minus the fire and the talking BY PMP Ext~ClrnVh & J<>SATHAI': flo (2L)

[When Chicken Little frantically cxr:laimed the sky was falling, we hazard to f"ruess he was a law student looking at life ~fter Reading Week. The young chick~dee was concerned about mock trials, mooting, fact patterns, readings, confcr·nces, panels, over-eating mediocre piz:t.a and under-eating fiber, the ever-oppressive february blues, small group papers, SUYRPs, and the future pride of Canada :1.s based on our potential success in

Go to

www.ajc-ajj.ca/truth

AJJ.AJC - +M.50CIAI10fi Of~ C()(J>&J. OU jUUS!lS DC J,JSllCI

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')lympic Men's Hockey. ~o wonder the wee one was sending out the alarm; ':hicken Little \\·as just trying to be a hero! To ensure we are all as heroic as we an be in the coming weeks, the Peer ~lentorship Program Executive has put

together the following tidbits for your consideration. There is no one size fits all approach, but hopefully you find a new perspective or activity that will help make the weight on your shoulders feel a bit lighter: o Enjoy life outside law school, live and love it at least once a week. Some recommend making an entire nonbw day or an afternoon sans computer. o Get your friends to edit your pa· pers. D6n't be embarrassed if you think the work subpar- it probably isn't. In any case, your friend will help make it better. o Talk to your classmates if you ha\"C difficulties under~ tanding the mate-

o Read the newspaper to put your rial. The odds arc that you arc not alone, and your classmates will be grateful that life problems and stresses into the bigge someone finally brought it up. Even if picture of the world. o Once you feel like you arc in you know the material, explaining it to others is a good way of testing your own .your groove, get together with your bril liant friends and talk through some pre· understanding. o Start thinking about your last vic)\.ls exams. 1\ftcrwards, go get some: exam first. I laving your last exam float- delicious food or play a game of pick-up. o Sec a movie you love, go to a ing around in your brain for a while first yoga class you may or may not love . .. gc makes the last push easier. o Do your own thing when it get Pho anJ try to guess what animal you comes to exams and studying: forget the arc eaung (or investigate becoming a veg person who ltvcs in the library and seems ctarian). o Go and meet with your profcs· to read L"ach case three times only to memorize the content and cr<.>atc a sci- sors as a group to talk about the practiet ence fair-sized hoard about it. l.)o what exams and other questions. o ~lake sure to sleep. you like, what works for you, and what makes you feel prepared.

CONTINUED at page 11

-r-

ULTR ·\ V IRES

lh C 8'.\:\ DRA FLORIO {JL) & .fA< IJllll l :\1. \Vu .~o:-.; (3£.) (yes, o fficial Bay merch), and - - - - - - - - - - - - - - - - - - - - , T he GamesWeek O ne now-iconic red mittens, we \Vere reach ·. Jncqm - In Toronto, o f course, I love watching Canadians Opening Ceremonies get m edals, and not I 1rst, we JUSt have to say that get m edals, for that k.d. lang was awesome, and m atter. Alex Pre-Games Prep that one of us may or may not Bilodeau 's run was Jnr:pu I Icre in Toronto, I must admit 1 spent the who le have been listening to her o n ,·cry exciting (what a afternoon buying red and white things. 1 started o n iTunes pretty solidh s1nce that g reat first at-home Bloo r, and bo ught red crepe paper and a large Ca nadia n night. Fno ugh said. \laybe gold medalist! . 1\s tlag (made in China, but what can yo u do?!). 1\nd the n, next nme around, we sho uld an e\·en t, though, inspired by th1s flag purchase, I decided to go find many, get h"r to do the arrangement my personal many more flags. ..and decided to fregucnt those o ff flag for 0 Canada (n o o ffense, favourite has been empo riums o n Spadina. This was highly successful! '\1kk1 Yano fsk y, you did a g reat t he sn owboard With my Olymp1c mitts on, and a sour cherry pic in one JOb on 1 Belin't', but the natio nal hand (Get it? It's red, and we had it with vanilla icc anthem should n ever be that cross. l\fy family The Athlete's Village, from across False Creek. cream!), I was ready. awkward o r tha t slow) . Speaka nd I all stand in my Ing of awkward, what was with '\,clh• Furtado's dress? basement, fran tically screaming, "sta) up, Sta) up" at the She's a good -looking lad~; b ut wc'n. still confused as to screen. \nd he d id! Good stuff! wh) her o utfit was so tight. The CT\ commentary has been a bit annoying. I Getting back to the highlights of the ce remony, we think "Supcr Bodies", where a doctor comes on and ex lon~d watching rhe 1\lbcrta Ballet dancmg under soaring plains that these athletes h:1xe impressive bod1es, ma) Emily Carr-esq uc old growth t rees, and seeing the be the all-time low for filler footage. Just because GE young circus aerialist soaring o\'er an ever-expanding gi,·es you a bunch of money and some cool CGI graphprairie landscap e. In fact, it's really l)Uite astonishing ICs doesn't mean it'll make for good TV Like a suc~er, what they were able to a chic\ c however, I have to admit I with l i~ht throu~hou t the whole ' ' 1 still charmed by Jamie pcrfo rmance. ~ k and D,w1d Pelletier tryO f course, the o pt:ning was not Jug their hand at long track The sisters Florio ready for the Opening Ceremo nies.

( as.rtmdm- ln Vanco.u,·er, th e excitement was d cfinitcly b uilding. lla-vmg sp ent nearly a week alread y in the city, and hav ing heard stories from friend s who \VCrc lucky e nough to have scored tickets to the dress re hea rsals, l was supre me ly stoked to watch th e Opening Cerem o nies with my family. "-s amazing as attendi ng the perfo rmance live migh t h ave b een, I had already decided against trying to sco re a ticke t when I saw that t he few re m aining o n es were spo rting SllOO price tags (yes, each!). Instead, we did what m y family often does- o rdered pizza, and gathered aro und the TV. W'ith my sister and I all decked o ut in o ur matching Canuck t-shirts

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C£J.r.rnndra- But m ore exc•tingly.. .in Vancouver, the morning after the Opening Ce remonies brought the begtn ning of a week spent exG retzky took to light its o utdoor View from the top of the Robson Square zip line. ploring the \'arious offerings counterpart, there were definitely a few iffy mo m ents. aro un d Vancouver. I lined up bright and ·early that first As o ne final observation, p erhap s someone o ut there Saturday for the temporary zip line they have strung up ca n explain to us why the Forme r Yugoslav Republic across Rob;on Square for the duration o f the G ames, o f Macedo nia is alphabe tized under " F '. We're still re- and was able to get in after o nly two ho urs (which is...

CONTINUED at page 11

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.. Susan Marsh: Won<.JJq on cllY. nq ashare Si e tri nsact en bf tomorrcw (liew Year'S E..el) aJICI ~:rugqllnq :o hunt CIO'N!l a vacationing aCCC)I;ll!ant fer a~ vfce on a new cLass of snares~ r.q created for a r.:u:ual dtr.ll Ottrdler 30. ~ pn

~ Michael Platt: o~ thf p!'.onP W:' h mv'new be$1frler.d" at theCana::an Reve~ Agency

Ll.J lor the 5th :Ime :oday. ~ zz. c:30 pm

CASSELS BROCK LAWYERS

in the free offenngs- we already had a couple of e\·ents lined up! hrst, we spent the day at Molson Canad1an Hockey House on the 16th, watching the Canadian men's team take down Norway ,_~_ _ ___....__ _ _ amid a sea of rabid hockey 1 fans, and later catching m)

.....,,..,.l,+·-~::::;""''?.l===f friends in Five Alarm Funk wluppmg the crowd into a dance frenzy late into the night (yes, it's a shameless plug, but, the fact is that the In front of Molson Canadian Hockey House. Olympics have been really

rJ:1 Nancy Choi: CIO:>ea a SilO m ion <lfal t~ morning anc qettlr.q realti :o c ose a~other Ileal ~

tomorrow mornln9 Dt:':ember Ill N4

Watching and learning!

The Olympic Spirit What really impressed me about the ( >lympics in Vancouver were the seas and seas of people in red. There were crowds everywhere, and everyone was so excited to he there and to be a part of it all. There were families and groups of friends out, taking pictures, hning up to hold an Olympic medal, or even just to buy a Japadog or a pair of minens. Having been in Vancouver this past week, I don't think I will ever be able to take seriously those who despair the lack of Canad1an identity and national pride. Whether or not we can articulate it, we have it in spades. t\s we sat down to write this article, we ordered a pizza, and, when it arrived, the delivery man heard the now familiar strains of CT\' in the background and excitedly asked 1f anything had happened medal-wise today. This is one of the grc-atest aspects of the Olympic games - for a few weeks, every couple of years, there is something we all haYe in common. 1\nd ves, you'll better believe we'Ll be watching them nonstop for the rest of the week. Sl YRP, you will just have to walt

Executive discretionary power: a Huck Jennings adventure P reviously, on Huck Jennings; l luc k Jennmgs is not your typical first )'Ca r student at U ofT I ~": hc 1s also an undercover agent for CSIS, the ( ·tnadi:tn spy agency. In ~on:mbc.;r, !luck \,as ordered to assassinate a rogue agent. Hut then he learned that his victim was Tatiana - a colleague who was not onl} his mentor, but the woman he loved. \\'ith her dying words, Tatiana warned f luck

that their supervisor at CSIS, known only as Duplessis, was somehow responsible. I luck was then captured by a man from "the Association", who tortured him. After I luck was released, he swore that he would have his vengeance for Tatiana's death. The months after that were rough for 11 uck: his grief was overpowering, he didn't care about school, he was k1cked out of his study group, and he couldn't find Duplessis. In January, JI uck learned that Duplessis had fled to Alberta, and that the Association's plans somehow invoh·ed the tar sands and the

Cot1slil11tion Ad, 1930.

r::rt Philip Long: Nursing a hot~~r njury from last nlgnt .1ro revTer.ln~ <1 sclos~ for a L..J Deccrn!lc· pre "mlnarv pros~ttu> Be 9 toq hu·t :o wa ~, arculld IS rea1:y JN !:lglt d fl cUI: !c procraltln;;te. IC. 40 pm Be a part of one of the most dynamic leqal practices in Canada. Contact our Assistant Director of Student Programs, leiqh-Ann McGowan at lamcgowan,casselsbrock.com or visit our student website at www.casselsbrock.com

gUJte good to local music1:ms, who haw ... somewhat miraculous cons1dcnng that, as of press ome, a\·erage waits were up to been hired to play ofticial show:. all o\'er tlw m·er four hours, more often six or so!). That two hours also let me get to know part lower mainland). of the enormous cross-section of people who have flooded into the city to take part The next night we took in our lone night in the festivities- I was surrounded on either side by a family from the B.C. interior, of actual live Olympic action- women's pre~ and an American family up from Seattle who were aU decked out m the stars and liminary curling! Okay, maybe nor exciting stripes, and were sportmg particular!} awesome sequined satin U.S.A. Jackcts. enough to merit the exclamation point, but I was joined that night by another law school buddy, and, with her, I explored even that's what you get when you go looking for more of what the games had to offer. We visited the Ontario, Quebec, Saskatchewan, rcasonabl} priced firsHveek tickets in midand Aboriginal Pavilions, amongst others taking 10 some fancy dancing, sweet music, Januar}. \X'e certainly learned a lot - like and 4-D movie madness on our way. We also tried to go see the outdoor cauldron, what a "hammer" is, what the "house" and and got caught in the mob outside the now infamous, and already rcmed1ed chain- "bunon" are, and ho" the scoring is remarklink fence. But we weren't ably similar to Boccc. \\'e also learned that restricting ourseh·cs to wad- there are enthusiastic S\\Jss curling fans in ing through the mob to take Vancou\·er- who knew?

af ()nlv

they didn't sh ow th at seg-

arm·al of Premier Gordon Campbcll and all o f the Chiefs of t he f'o ur Host First l\.a:no ns (d amn ou t-of-town drivers!), to the cauld ron's tentati,·e and partial emergcnce, to the seemingly never-end ing fla tbed truck ride

24,2010 OLYMPICS- from page 10

Vancouver 2010 Olympic Games: a tale of two cities 1\ s Fe bruary 12, 2010, d rew ncar, Ca nad ians from coas t ' to coast to coast got cxc1ted about the impcnding Olympic \'\'inter Games 1n \ ancouvcr/ Whistkr \\hat follows arc the accounts of two U of T law students who took in the festivities in their own way, one on the front lines, and one from a couch at home.

FLBRuARY

And n ow, Part 3 of 4: "Where is H uck Jenrungs?" Duplessis stood at the front of the Bennett Lecture J lall, stanng menacingly at the frightened first years. "Tell me where he's been hiding for the last two months." He unsheathed his katana. "Or I start taking scalps." Karen raised her hand. "1 don't mean to be rude, but it's the last day of classes before exams, and this was supposed to be a review session for admin Ia\\~ Our

B\ 0 .\N :-..tooRH (31.) firM yu\r April cxan1s arc very unponant hb right hand,\ \uck caught the pn>iecu\e for OCTs." with his left. It felt ,·agucly familiar. l le

!\Ca-<.\nn, ..,\nking i.nto the thick \)\ac\<;.

goop of the tailing pond. Duplessis screamed in frustration, loohd down, and saw that he was holdlluck accelerated toward the darn. raised his sword, and took three lJuick ing .t CSIS stand~rd-issue poisoned dart. "Someone wasn't ready to swim in the steps towards Karen's place in the front The same kmd that he had u~cd w kill deep end." (()\\~ 'Iittiana. 1lolding his scimitar between his teeth, Jacgui rose to hcr feet, terrified but un· Somewhere deep inside of I luck, a yak I luck reached the dam, and scrambled to y1elding. "~o one's seen I luck since he- roared. lie felt a cleansmg rage wash the top. '"The only way out of this godfore Reading \\'eek. Jle promised to over him: I luck felt like himself again. forsaken province now is on my own bring raisin scones to the Feast for !luck pimted and whipped the dart terms." I le turned grimly towards the Famine fund-raiser, but he didn't show back at the rider of the other sea-doo. door that led inside the dam. "Or in a up. It's been great without hun- we'vc The dart went through the nder's wetsuit, body bag." been able to learn about tort law without deep into his neck. ;\lusdes visibly tightThe failed assassin's usc of ~ CSIS... hearing jeremiads about Predator ening, the man vomited ;tnd fell off thl· CONTINUED at page 13 drones." SURVIVAL TIPS - from page 7 The two stood cve to·eye, unblinking. Jacgui continued: "~o one here can help o Jobs arc coming up all the time; keep chrcktng the CD<) website. you. If you want to harm one of us wnh o If you arc a compulsive joine1, re: cxtracurricubrs for next year- follow th(' that glorified butter knife, you'll have to me-hand rule: if you cannot count all of your extracurriculars on one hand (and \ltc get through me." mean all, big and small arc equal), you have O\ erextcnded your future self. h.atana in hand, Duplessis said, in a o I !ere's a link to a Google group created and maintained by U ofT Law stu cold monotone, "If none of you tells me ~ems for course summaries: http:/ /groups.google.com/group/utlawschool. within the next 10 minutes where to find o Exercising regularly help s incn•ase energy and focus, and decrease stress that seditious ceo-terrorist, 1 will exercise rake a body break. m} executive discretionarr power. The o Remember your mentor. For second years, remember that the third-yeat killing will begin." P;\fP Exec is around and available {utla\\.mentors@bmail.com). \\'e can make yout lives less busy and more fun. Love your free7er. Cook in large batches and d efrost as needed during exam 2 fllonths earlier, inlbe henri of the Alberta lor o lreriod. sands: o Plan a May vacation. The two sea-doos raced eastward on a o Please cat leafy g reens; we all know the importance of tiber. collision course across the black surface o Take an afternoon nnd watch Cnsablnflca. The dialogue is nothing short of of the tailing pond. Perched atop his water-chariot, scimitar aloft, If uck Jen- mspiring. Owning something hkt· Rick's is also a great life Plan B. I Ia\ ing been through law school in the springtunc, we can as~ure you: the sky is not nings cut a profile reminiscent of King Xerxes of Persia. His pursuer was now falling. 1t may fed like it is; there is so much extra pressure this time of year. This too shall pass, and, in the meantime, Chicken I juJc, you are becoming a hero. only metres a\\·ay, and getting closer. I~S. There is a Mentor Appreciation •ight Monday, March 8 starting at 5:45 at Har I luck heard something screaming to· wards his left car with a distinctive high- bord I :louse (Harbord and Brunswick). Free Food and great times guaranteed. Come pitched whistle. Tossing the scimitar to .md show off your beautiful fnendships.

Fr BRUARY 24, 2010

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Adam Giambrone should resign as TTC Chair B' Sn Pill ·:-.: ll nnuso:-.~ (21.) For the past several years, the Toronto Gtambrone joins a long hst of male I jght rail expansion and space-age street left has been infatuated with Adam Gi- polttJcians caught looking like fools with cars arc all well and good. f Iowen:r, the ambrone. J\ political JJ'II!Iderki nd, Gi- their pants on the ground. Most seem primary focus of the TIC must be on ambrone \\as elected president of the able to move on and to continue their ca- dcJi,,ering its core. serviCes. federal '.c\1 Democratic Party in 2001 at reers. .\lonica Lewinsky d1dn't stop Bill Unfortunate!), this is precisely what age twent) four. lIe was elected to Clinton from crushing Bob Dole m the the under Giambrone's leadership, 1cm>nto City Council two year~ later. lIe 1996 Presidential election. To Gt has been consistently unable to do. R1d has scn·ed as Chair of the Toronto Tran- ambrones supporters, this scandalts stm ers have seen unrelenting fare hikes, fresit Commission since 2006. Supporters ilarl} a temporary setback. The Globe and guent service disruptions, labour unrest, praise his initiatives, indudJng mcreased Mails Marcus Gee, for example, argued and deteriorating customer service. Gibus ser vice, light rail expansion, streetcar that Giambrone's infidelity hardly dis- ambrone's ambitious expansion projects, replacement, and a new website. ln qualified him from public office. Freed meanwhile, have brought endless cost 2008, '\OW" Magazine proclaimed him from his mayoral ambitions, Gee con- overruns. Each year, the TIC confi"Cit} PolitJctan on the Year". I f anyone tended, G iambrone was perfectly placed dently predicts a budget turnaround. had the "moxie" to run the TTC, SOU/' to redouble his effor ts to fix the TTC. Yet, each year, the TTC ends up hremorswooned, it was "this 30-something bike- The National Post, meanwhile, reminded rhaging money like a fmancial hremophilriding, overachieving archaeologist with readers that Giambrone's indiscretion iac. TTC executives blame the same a public transit passion". The Toronto Star was "a personal sin, not a public one". factor s e\·en· year - to o many m etro endorsed his re-election to council. Only I disagree. When closely examined, passes, too-hig h constructio n cos ts a month ago, he was poised to carry the the facts paint a picture that indicts Gi seemtng ly witho ut e\·er learning from progressive banner in the Toronto may- ambro ne's judgment and undermines hts th eir mistakes. Riders have lost patience oral election. Then, a publicity-hung ry reputation - fatally so, m my \1ew. First, with the TIC. I d o n't blame them. undergraduate student stepped into the I should state that I h ave ne\er shared The sex scandal re,·eals some troubling picture, and it all came crashing down. the left's admiratio n fo r Giambro ne. The things ab o ut the TIC Ch air. In ea rly Giambrone admitted to multiple affairs TIC has a core of service: transporong February, the Toronto Star inte n ·iewed a and quit the mayoral race, his rc\)utation \)eOfllC effective\), efficiently, and incxtwenty-year-old University of Toronto

rrc,

i'c.n,\vc\y, along \IS UU'-ttng tran!'.\\ \inc".

ten Lucas. Lucas told the Star that she and Giambrone had had a year-lo ng affatr. Salaciously, she described intimate encounters in Giambrone's Cit} I -!all o ffice. She also disclosed text messag es from Gtambrone, which establish ed three things: 1) thetr relationship had indeed been sexual, 2) Gtambrone regarded his live· in girlfriend as a p olitical prop, and 3) Giambrone did not view Ms. Lucas as "politically acceptab le." Giambrone uutially denied the affair, accusing Lucas of making it all up. Paced with the text messages, however, he soon acknowledged "multiple" affru rs. These facts paint a very unflatteri ng p or trait o f Giambrone. They reveal a man \Vho o rde rs his p ersonal relationships based o n p o litical expediency; w ho regards wo men, variously, as political tools and sex objects; who has sex in h is public o ffice; and who is wilhng to decet,·e the public and d efame his ex-girlfriend to p rotect h1mself. In short, the sca ndal reveals a ma n of extraordinary narcissism. CONTINUED at page 15

0PI~l0'\~ & EDITOR! \LS

HUCK - from page 11 ... poisoned dart only confirmed Huck's suspic10ns. If this dam was being protected by CSIS agents - if his sources were co rrect, and this was indeed where Dup lessis was hiding - then tnside the dam's control room must be the key to unravelling the mystery of the Associa tion. 11 uck opened the door a nd crept stealthily d own a da rk passagewa), leading w ith his scimitar. But '-Vhe n he reached the control room, D uplessis wasn't th ere - o nly a familiar face. " P rof. G regor Higgms! You're the last person I expected to be caught up in this." ''I'm not surprised. \ s your instructor in I ntelligcnce at thL CSJ:, \eadem~; I could see all too clear!: your limitations in that area." Then, Huck noticed the bomb on the table beh ind G regor. T he Association was trying to blow up the dam. !l uck put his scimitar to G regor's neck, a nd examined the explosive. There was less than a minute until detonation. ~ot enough time to d efuse It, not with Gregor here to stir up trouble. ''Huck, if you 're here for D uplessis, he le ft yesterday. T he 1\ssociation doesn't leaH~ any information behind." I luck smiled. " But there you're wrong, Professor. They left you." I luck pulled out a s yringe from his utility belt, and rlun~(.~cl

it into l>roC lltggin::,' ar1n . ( ;rl~

gor quickly fell unconscious. Huck lifted Gregor's lim p body o nto his back, ran back o ut to the top of the dam, and sped away o n the sca-doo. ~<:c o nds later, a pO\verful explosion rocked the po nd, p ushmg th e sea-doo fo rward o n a powe rful black wave. As the dam collapsed, the taili ng pond d rai ned into the surro undi ng wetlands. D uplessis' black evil was sp read ing. Huck brought G regor back to Toronto, and rented a warehouse in the middle of nowhere. In a place where no one would hear Gr<.gor's screams. Osgoode Hall La\\ School was nearby. For almost two months, !luck tried to get something out of Grq~or- anything that could give him a clue as to why the 1\ssociation blew up that dam, or when.· D uplessis was, or \\hat Tatiana had c\ cr done to deserve what she got But he got nothing. All of those... cnhanccd interrogation technk1ues that I luck had learned- \Vatcrboarding, electrodes, tingernail pulling, sleep deprivation, repeats of ''Entourage"- none of them worked. H uck didn't go to any of his classe-.. He didn't sec any of his friends. 1\othing seemed important anymore; not ahLr he had come so close to the truth. lie wracked his brain for some clue he might have missed, a piece of the punic th at could put the rest in place. Then one day early m \pn\, while he

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" If you wan t this to be your last \l.'iU and testament, then keep avoiding my question." I luck pulled out his mnja star. But Gregor was not intimidated. " \\'ord around the faculty lounge at the J\ cademy has been that you're the same way. T hat you can't buy into lawyer~· irresponsible delusion that the executive should be subject to the rule of law. From what I've seen of you, this is true: you never go to class, and you don't c.ue that tortu re is unconstitutional. Good for you." I l uck grabbed Gregor and sat him back in the chair. "\'\"hat's your point?'' Gregor laughed maniacally, blood flowing out of his mouth. I le looked nght into !luck's eyes, and he shouted, ''D on't you see I luck Jennings, we're on the same side'" I luck kicked (,rcgor over in his chair; Gregor's head h1t the concrete floor with a thud. I l uck stood over him. "The only reason I'd approach your side would he to stab it with a bayonet. Your side used me. Your s1de killed Tatiana. I want my re,·enge. I'm not on your s1dc.'' Gregor giggled. "But what is the principled distincuon bcrween us? Sure, we disagree on our ends, but we both u e the same means. You and me both subvert democracy, using state power to impose our personal conceptions of the good upon everyone we meet. Ultimately, you've; joined the •\ssociation on a road ...

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was busy e ncouragmg Gregor to talk, !luck remembered something. Leaving Gregor lying twitching in a pool of his own vomit, H uck rushed to his laptop and removed hb bloody smock. C..J. Cronzalez had told ll uck to check the Constitution J\ct 1930. I luck went <>nlme. This Act contained the atural Resource T ransfer Ag reements. I luck said to himself, "This is what pbccd J\1bcrta's 01l wealth under the jurisdiction of the provincial government." C1regor spoke fo r thL first time since he'd been captured "So mu tinally put that together. You 'rL a\\ fully slow at your legal research." I l uck \\-alked mer to Gregor. " But I'm quick and brutal with a ninja star. ~ow tell me what this mL-ans. \Vhat docs D uplessis want with Albcrt:1's 01! wLalth?" "You think this is just about Duplcs~is? This is bigger even than him Just like always in Canada, the ones 10 chnrgc arc the Eastern Elites. C's m ( )ttav.·a, we take our orders from Toronto 1nd i\lontrcal." I luck knelt down to Gregor's level. Finalh he was talking. " \\hat else is new? '\ o\\ answer my question," (,regor changed the subject. ' ) ou kno\\, tht rwo of us ha\·c a lot in com mon. (') IS even sent me to law school too, years ago. But I couldn't deal. Everyone there talked about the consti· tution and judicial review; their hlecdin~ hearts made me sick. I got kicked out of m y "tud y ~rou\). 1 cventua\\y le ft ."

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ULTR\ \'IRES

Graphic imagery and the decline of journalism B\

The death of Geort,rian luger ~odar Kumaritash\·ili during a training run cast a tragic pall O\'Cr the Winter Games. Kumaritashvili's accident raised difficult questions of track safety at the sliding centre. It was the job of the news outlets to tell us his story, to inform us about dus young man's life, career, and the Circum· stances of his untimel} death. At no time did this job oblige them to repeatedly televise the actual moment of his passing, using footage of a crash so disturbing that the sight and sound of it will forc\·er be etched in the collecti\'e con-

HUCK- from page 13 ... that k-ads either to dictatorship or anuchy. ~either you nor I arc defending k:anada 's government; we're underminrng it! Welcome to our side." Huck stumbled back. Prof. Higgins... he had a point. Huck tied Gres<>r to the chair, and ran out of the warehouse. He had some questions for his Admin Law professor.

I luck burst into his professor's office. 'I luck, I'm surpnsed to see you here; uu haven't been around for months. It's .a little late- this is the last day, and l was u~t about to go teach a rc,•iew class."

CA~'> \SDRA

Fr.oRro (31.)

I understand that we live in a vividly scrousncss of an entire country. In many complaints they received. Appargraphic world, where information is choosing to usc this footage once his cntly CfV's business model only calls for death had been confirmed, CTV and the exercise of moral judgment tn situa- shared for information's sake, where volncws outlets the world o\'cr h:wc d1s- tions of mass public outrage. Since then, ume and instant availabilit)' dictate access. played a stunning Jack of sensiov!t) and I have written two angry emails, and re- l may indeed be part of a younger gen<.:r· journalistic integrity. ceived one form response, telling me that arion raised in a culture that has been On the day of the accrdent, 1 called "sho'\.ving \ideo of the crash was vital to largely anaesthetized to depictions of vifour times to complain about sep- the proper reporting of the story", and olence and horror, but this does not arate re-airings of the footage following that "news policy is to treat graphic or mean that nightmarish imagery is necesconfirmation of Kumaritashvili's pass- disturbing images with care and re- sary to conve} to me the traged} of a ing, all of them tn prime time and leading straint". _\pparently, in the umverse m high-speed sporting accident. \X'hat up to the broadcast of the Opening Cer- whrch CfV operates, playing someone's crv, and other news outlets seem to emonies. I was read form answers, and death m slow motion is considered to be have failed to grasp is that their audience is composed of living, breathing, feeling, told that they were keeping track of how an excrc1se of "care and restraint". and thinking human beings who are fully '\\d l hold on, tenure monkey. 1 ha\·e <>n the..· way down to tlLH, he drew hi~ capable of grasping the gravit) and sora question, and it can't wait for some ninja star. The day of reckoning was row of a tragic situation without being pointless exam rev1ew. I need to under- here. force-fed unfiltered visuals. stand the link between the rule of law Huck burst into the tense, crowded As soon as the accident happened on and democratic legitimacy." lecture hall. "Duplessis!" he shouted camera, it was inevitable that it would The professor was shocked. "That's "Your duplicity stops now." find its wa} into the public domain. kind of what this class was about. I Iowever, as the sole broadcasters of the Maybe you would have enjoyed it, had Will 1iJ1rk find rengeance for Tatia11a' Olympic games in Canada, CfV owed it death? Call hr sm•e his clossmates? If/hen u•i/. at the very least to the young people the The phone rang. The professor an- hr mrji11d time to stf((fyfor e..'\-atns? Alltha Games are meant to inspire to use some swered it; her face turned ashen. "Huck, a11d more in the sa._e,a} exrilitJg cond11si011: "JFa semblance of a moral filter on what they there's a situation in BLH. A craz\· man lertight Co!ltpari!JJenl.r, or: Hon• Huck jmni11g actively chose to convey to their audiwith a katana is holding our class L~amed to Stop llVorrying atJd Lol'e !he I..till: ' ence. Their choice to show the graphic hostage. H e's demanding to see you. accident, repeatedly, in prime time, beThe pol -·' Based on the charader "H11ck Jennings'', ere fore and after a broadcast watched by But Huck was already out the door. ated I?J Dmk Bry·anl, Dan Moore, a11d Be1 families across the nation was absolutely H e knew that this had to be Duplessis. Nola11 abhorrent.

crv

UVEats: Veggie review by a non-vegetarian BY K.\RI:\

s \( ll t\R (3L)

After a few meat-hca\1 editions of ( 'VEats, we decided to send our intrepid reporter out to sample some of the fine vegetarian cuisrne in the Jaw school environs. Fresh (362 Bloor St. W.) The :·eggte burger with cheddar, mushrooms and onions is without question the best \'C~rte burger I have ever tasted. Admittedly, I don't order \·eggic burgers aU that often, but I have regular cravings for these bad boys. The burger doesn't attempt to taste like meat, and is made with some magical combina· tion of nuts and seeds. I always tend to order extra to.fu . . ..__,.-.,,_~--- mayo (sounds gross, but is yummy), which brings all the flavours in the burger together. Ordering a side of sweet potato rrcnch fries, I don't feel that eating vegetarian is a sacrifice at all. I can even ignore the somewhat snarky, always slow service by the hipster elite. Sarah's Falafel and Shawarma (487 Bloor St.

W.) I ordered a falafel here for a mere SS.SO, which included delicwusly fried - almost caramelized -cauliflower and eggplant. The basic falafel costs even less, around 4 bucks. One caveat: the falafel balls arc not fried to order, so they aren't s...ruaranteed to be piping hot or super crispy. The thin pita, howe\·er, is stuffed with your choice of fillinl:,I'S and sauces, rolled up, and then the whole thing is grilled in a Panini press a Ia Big Fat Burritos. '\;or traditional, but it makes you wonder \\.h} no one has thought of this before. Very .satisfying cheap cats.

Jamie K enned y at the G ardiner (111 Queen's P ark Cres.) Convenient!) located across the road from Ia\\ school, I go hen: when I want to trL-at myself after doing something heroic- like staying awake through all my classc~ or t.loing one of my n:adings. The cafe has a nice atmosphere and is a great place to have a long chat with a friend over lunch. It's not cheap, but it's not outrageous either. I ordered a vcggic chili that \\as delicious and well-balanced, served with three tiny cro~om. I'he portion sizes arc modest, but then, it only cost nine dollars ant.! was respectably filling. On anothc~ occasion, l'\·e had their French fries which arc sen ed with homemade cider vinegar and nuyo. It is a constant battle for me not to order them, but rf you\·e never been, it's 'l must.

GIAMBRONE- from page 12 l'hat, in itself, docs not d1syualrt) G1ambrone from publrc office. The 'ITC, hmv· '\'Cr, is acutely dependant on the cooperation of important stakeholders. The fed •ral, provincial, and munrcipal governments must prO\ ide fun<.ling. Tht \malgamated Transit Union must provide labour. Communrt\' associations mus onsult on projects in their a~cas. The 'ITC cannot function effccti\'cly without th~: articipation of these stakeholders. To do his job effectively, the lTC Chair musr ommand the stakeholders' respect. Unfortunately, it is difficult to command respect when you're a nationwide laugh ngstock. Is the transit union likely to ccx>pcratc fully \\ith the TIC, when its mcm crs show up to town hall meetin!-,I'S wearing "l slept with Adam Giambrone" pins. I don't think so. The federal and provincial governments, meanwhile, arc all to ·een to dodge funding responsibility for the n·c. \ few wcll·timed jokes no\\ ake performing that dodge easier than ever. The TIC needs a leader who can rep· resent it forcefully and with credibility. Adam Giambrone is no longer that person

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ULTRA VIRES

DIVERSIONS

Lesser-known Supreme Court cases BY ERIC: Tt RKIJ!'.:IC:Z. (3L)

\X'c all know about the Rbt t! lt'.1des and mcnt of urbanization was InJunous. /ruin Tl!)'l; that we hear about in law Court ord<.rcd that .Man stay at least 100 school. But what about some of les~er metres from '\:ature at all times, but that known, but equally important Supreme Nature must slowly dwindle over the Court ca~es? The foUowing arc brief coming century until virtually non-exis summaries of some of the cases that few tent. First instance of the "We ReaUv Re have heard of. ally Like Oil" defence. See also l~ ar 1 ~ f>rare.

that such a right would be necessarily contingent on any gi\·en ind1v1dual's willingness to fight for said right.

Rocky

R ocky V (1990)

must be respectful of statements made in spur of the moment ''Now or Never" situations. Bon Jovi failed to pay the damages ordered and he was found in contempt of court. A warrant was put out for his arrest...dead or alive.

Summary: Estate of famed boxer Rocky \1arciano sued makers of the fum Rocky V for misappropriation of personaht). Rand v. Rowling (2004) Finders \~ Keepers (1864) \Vriting for a unanimous court, Sopinka Summar): \cuon b} estate of ObjecSummary: This was a case concerning a R . l~ The Q ueen (1972) ). sr:m·d that the 1illlillltions Act halt<.d an) t!\ 1st author 1\yn Rand for copyright inclaim in trm•cr. The court held that Summary: Case dismissed for sheer judi- claim the estate would have as they fringement aga nst _I.E(. Rowlmg, author where two indiv1duals conflict m·er the cial incomprehemibility. should han: brought a claim when the of the I larry Potter noYcls. The claim proper O\\ nership of an object. he who tlrst film came out and not waited unul stated that Rowling's senes of popular first diSCO\ ered the item would be the tifth just so they could get a "cool books about a !'chool of wizards, deemed the "Keeper" and he who fruled case name". In nny e\·ent, he continued, witches, and wondrous magic was asto assert owncrslup on the item would be Rocky \'was clearly the inferior sequel. toundingly similar to a recently rumoured deemed a ''\\ecpcr". The Keeper would first draft of Rand's landmark book, Tbe then be justified in throwing the Item Love l~ Bon Jovi (2002) Fountainhead. Allegedly, the character of back and forth wah friends, restricting Summary: Famed actress (?) Courtney Howard Roarke, a brilliant architect who possession from the \\eepcr, while Love brought an action m defamation refused to comprorruse h1s beliefs despite shouting "Keep 1\wa,\ ". Sec also R 1~ against noted Rock and Roll singer Jon incessant social pressure to conform, was Beastie Boys v. Canada (1986) l.iar ond l.ior (Ptmt.r An·on Casr). Bon Jovi. Love claimed that Bon jO\·i originally supposed to be a teenage wizSummar): . \ftc.:r a proposed tour m caused her reputntion irreparable harm, ard who, with a group of rag-tag friends, Canada was refused by the federal gO\'- giving her a bad name in the public eye. defeated the dark wizard of socialism. Man l~ ~Vild (1903) ernment, the 1\merican rap trio brought \\'hile Bon Jovi nttempted to put forward The plaintiff could not point to any evi Summary: Class action by humanity against nature itsdf in nuisance. a succ~:ssful Cbmterchallenge against the the defence of fair comment, \Icl..achlin dence to explain how Rand developed Counter-da1m by l\:ature for trespass to Government of Canada. They claimed CJ. stated that he had only made out 50 such an idea into what would become Tbe land. Humanity asserted that bugs, dis- that~- 2(c) of the Charter ought to be in- per cent of the defence and that he was Fowrltlinhead, nor how Rowhng could cases, and foul weather interfered with terpreted broadly in such a wa\ 1s to pro- subsisting on what could Le referred to ha\·e been aware of such a draft. Claim the normal enjoyment of their property. Yide for the Right to Party. The ~upremc as a "mere prayer". In dissent, Binnie J. dismissed for being, as .\lajor J. put it, ~ature argued that continuing encroach- Court agreed, ·with l..a Forest J. clanfying wrote that it was h1s life and the Court "truly stupid".

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