Ultra Vires Vol 21 Issue 3 — November 2019 by Ultra Vires

ULTRAVIRES.CA

NOVEMBER 27, 2019

VOL. 21, ISS. 3

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

UV 20TH ANNIVERSARY

UV RECRUIT SPECIAL

ALSO IN THIS ISSUE 20 YEARS OF ULTRA VIRES PAGE 7

PROPOSED TSINGHUA UNIVERSITY DUAL DEGREE PAGE 3

RIGHTS REVIEW PAGE 20

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EDITOR'S NOTE

UV INDEX NEWS

84 Queen’s Park Crescent Toronto, ON M5S 2C5 Ultra Vires is the independent student newspaper of the University of Toronto Faculty of Law. We provide a forum for diverse viewpoints on topics of interest to our readers. We aim to foster dialogue on academic and social issues between students, the faculty, and the broader legal community in Toronto, Ontario, and Canada. Our content does not necessarily ref lect the views of the Editorial Board. We print six issues per year. Ultra Vires is printed by Master Web Inc.

EDITORS-IN-CHIEF Melody Chan & James Flynn NEWS EDITOR

Happy November! As class w inds down for the semester and exams approach, we w ish you well w ith your studies and hope you have some time to celebrate the most wonderful time of year. In this issue, you’ll f ind part one of our annual 2L recruit special, including hiring numbers from the major f irms and student ref lections on the process. You’ll also f ind a special 20th anniversar y celebration, including a letter from Ultra Vires Founder, Melissa K luger. As always, if you have comments or stories to pitch, you can get in touch at editor@ultrav ires.ca. Happy holidays, and thanks for reading,

Ernest Tam ASSOCIATE NEWS EDITORS Angela Gu & Sara Karma

— Melody Chan & James Flynn Co-Editors-in-Chief, Ultra Vires

A Fireside Chat with Sayeh

Hassan Controversy over Proposed

Tsinghua University LLM Coffee and Tea with Rosalie…

Abella J. Intramural Insider

D & I Initiatives in the Recruit

Opinion: The 2L Recruit with

Accommodations Opinion: The Unexpected

Loneliness of the Law Firm Quotes from the Recruit Survey 14 OPINIONS

FEATURES

Animal Desires

Exam Writing Tips

Don Cherry’s Termination

In Vino Veritas- Italian White

Wines 20 YEARS OF ULTRA VIRES A Letter from our Founder: The 7 Beginnings of UV From the Archives

The Recurrings Trends of UV

RECRUIT SPECIAL Toronto 2020 Summer Recruit Numbers

OPINIONS Dear Denning

Rejected Letter to the Editor

10 Things to Say instead of

“First Choice” Intra Vires

RIGHTS REVIEW Spotlight on IHRP Working

Groups Interview with Ashley Major

FEATURES EDITOR Claudia Shek ASSOCIATE FEATURES EDITOR Vivian Cheng

CORRECTION An October article about a Faculty Council meeting misstated that Rotman’s Graduate Business Council fees were $40 per semester and paid by fourth-year JD/MBAs. In fact, they are $47.50 per semester and paid by third- and fourth-year JD/MBAs.

OPINIONS EDITOR Tom Collins ASSOCIATE OPINIONS EDITORS Alexa Cheung & Mike Bertrand DIVERSIONS EDITOR Rory Smith EDITOR-AT-LARGE Vernon Lin SUPERNUMERARY EDITORS William Mazurek & Alina Yu LAYOUT EDITOR Alexandra Fox STAFF WRITERS Alisha Li & Adrienne Ralph

ADVERTISING If you are interested in advertising, please email us at editor@ultravires.ca. BUSINESS MANAGER Daniel Gao ERRORS If you notice any errors, please email us at editor@ultravires.ca.

SUBMISSIONS If you would like to submit a tip, letter, or an article, please email us at editor@ultravires.ca. Ultra Vires reserves the right to edit submissions.

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NEWS

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Fireside Chat with Sayeh Hassan Hosted by Faculty of Law’s Women & the Law ALISHA LI (1L) Sayeh Hassan is a criminal defence lawyer at Walter Fox & Associates. She has appeared at every level of court in Ontario, as well as the British Columbia Court of Appeal and the Supreme Court of British Columbia. On November 18, 2019, Hassan spoke to the law school about her personal experiences, practical advice about being a lawyer, and what it means for her to be a criminal defence lawyer. Ultra Vires attended the event and has recapped a few highlights below. Deciding to Become a Criminal Defence Lawyer Hassan was born in Iran, where she witnessed firsthand the aftermath of the Iranian Revolution. The government that came into power stripped her country of the rule of law—arbitrary arrests, torture, and execution were common. Hassan was also from a very young age exposed to the destruction caused by the war between Iran and Iraq, and consequently fled with her family to Turkey, before immigrating to Canada. Because she has seen what hardship looked like, Hassan always knew she wanted to do

Hassan remarks that some criminal defence something that made a difference. She also lawyers refuse to take on cases that seem insigknew that that “something” had to be in criminificant, but such cases are not insignificant to nal law. It was there that she could “really make the people embroiled in an impact.” As a criminal them. In her eyes, there are defence lawyer, Hassan sees “no small cases. Just small people when they are most When you defend the lawyers.” vulnerable. A lot of her clirights of the worst ents don’t have other suppeople in a society, port systems. “When they On the Practicalities of a come to [her], [she is] really that is when you know Career in Criminal Law it” for them. that everybody’s rights Hassan emphasizes the importance of being paswill be protected. Hassan’s Philosophy sionate about the work that you do. Criminal defence is People often ask Hassan not an especially financially rewarding area of how she can defend the people that she does— law. The reward comes from the clients. Hassan people who have been charged with sexual asmakes sure her clients know that they matter to sault, people who have been charged with child her, regardless of how simple their issue is. She abuse. works with them to help them tell their side of “What I say, and what a lot of [criminal dethe story. When someone is able to tell their stofence lawyers] think, is that when you defend ry when nobody thought they would be able to the rights of the worst people in a society, that is do so, even cases that eventually lose in court are when you know that everybody’s rights will be victories. protected. That is how we uphold the democraHassan also stresses the importance of maincy that we are so lucky to have [in Canada].”

taining a balance between work and life—especially with a job where the possibility of a person going to prison is on your shoulders. Defence lawyers need to be able to protect themselves— to make sure they have something non-law related to do for fun and to make sure they have a life outside of work. Hassan left new criminal defence lawyers with three pieces of advice: 1. In the actual practice of law, there is no mistake that cannot be fixed with three hours of hard work. 2. No one can do a better job for your clients than you can. Do not let anyone tell you that you cannot do something because you are just starting out. 3. At the end of the day, you are a lawyer— not a social worker, family member, or friend. Lawyers need to be empathetic, but for their sake and for their clients’, they need to keep boundaries and know when to refer their clients to different resources.

Faculty Council Discusses Dual Degree with Tsinghua Professors express concern over political implications of proposal ALEXA CHEUNG (1L) On November 13, 2019, the Faculty Council met for their third meeting this year. The discussion centred around the proposed dual degree partnership between U of T Law and Tsinghua University. Three dual degree programs have been proposed: an LLB at Tsinghua followed by an LLM at U of T; two LLMs at each university; or a JD at U of T followed by an LLM at Tsinghua. Tsinghua University is one of the top universities in China and was ranked 23rd in the World University Rankings by the Times Higher Education. Dean Iaccobucci noted that Tsinghua University has connections with the U of T Faculty of Law through alumni, including former professor Betty Ho, who was a faculty member at both institutions. The Dean also noted that the law school cur-

rently has an exchange program with Tsinghua, that other collaborations with Tsinghua exist, and explained that the proposal is essentially an extension of those existing partnerships. He also noted the intellectual prowess of Tsinghua students, and that bringing more students of that calibre into the U of T community would be a great learning opportunity. Professor Gillian Hadf ield agreed and noted that an exchange of people and ideas would help promote the rule of law. Professor Anthony Niblett, who had recently returned from Tsinghua, said that he found the school to have a lively academic atmosphere. However, other professors expressed their objections to the proposal. At the meeting, Professor Mohammed Fadel commented that he was unsure about

the timing and was uncomfortable with U of T students going to Tsinghua University. He elaborated on his remarks to Ultra Vires. “My main concern is centred on our inability to protect students in the admittedly unlikely event that the Chinese state took some adverse action against a student.” He said that while the probability may seem small, U of T has no way of reliably predicting what the risks are. He also pointed to the potential undermining of academic freedom. “Because of the unpredictability of an adverse security action, students and professors will inevitably engage in self-censorship or perhaps simply not feel secure enough to go in the f irst place.” Professor Kent Roach also expressed during the meeting that a partnership with Tsinghua University at this time could send the

wrong message. He explained to Ultra Vires that his comment was in relation to “the worsening human rights situation in the PRC, specif ically the mass detention of Uyghurs, the detention of two Canadians, and the situation in Hong Kong.” Roach also spoke about potential safety concerns. “I have lectured three times before in the PRC but now would not feel comfortable or even safe lecturing in the PRC given my scholarly criticisms of their counter-terrorism programs.” The agenda for this proposal was posted shortly before the Faculty Council meeting, and as a result, attendees did not have the chance to review the proposal prior to the meeting. The Dean decided to put off the matter for further discussion and to vote on the issue at the next meeting.

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NEWS

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Coffee and Tea with Rosalie... Abella J. Dean Iacobucci hosts special edition of “Yak’s Snacks” with guest Justice Abella ANGELA GU (1L)

STUDENTS GATHERED AROUND JUSTICE ABELLA. PHOTO CREDIT: JEROME POON-TING

Supreme Court of Canada puisne justice the Honourable Rosalie Abella visited the Faculty of Law on Monday, November 18. She came to chat with students as part of Dean Iacobucci’s monthly event, Yak’s Snacks. Attracted by her star power and captivated by her words, a ring of students were gathered around Justice Abella in the atrium that morning. Justice Abella has a longstanding relation-

ship with the Faculty of Law. Last year, she judged the October Grand Moot and also visited Professor Richard Stacey’s spring Administrative Law class to host a conference call and answer questions. Just this past October, she received the University’s Rose Wolfe Distinguished Alumni Award at the law school. She was recognized for her outstanding professional achievements and her dedication to social

causes, as a champion of human rights. Only thirty students had the opportunity to meet her on that occasion. This time, Dean Iacobucci sent out an open invitation to, as he suggested, have “Coffee and Tea with Rosalie… Abella J”. Ultra Vires picked up some insight from her conversations at the event. “I’m gone in two years and I get my life

back; I get to start reading books again,” Justice Abella joked. She is approaching her mandated retirement—Canadian Supreme Court Justices must retire from the bench at the age of 75. That is not to suggest that her current life is all work and no play. Justice Abella is watching The Crown on Netflix—she binged four episodes that Sunday. After discussing the merits of the show, she turned to a student and asked, “So, are you having fun at law school?” “Justice Abella was warm and welcoming, and really took the time to introduce herself and chat with individual students,” commented Maddi Thomas (1L). Sophie Chitiz (1L) asked Abella a question on the constitutional interpretation doctrine of originalism. Justice Abella said that originalism does not affect Canada in the way it that it affects the US, because we use the “living tree” doctrine of constitutional interpretation. She reminded students that although there is “a lot of great academic writing in the US,” most countries in the world now look to Canada for the constitutional protection of rights. Leora Chapman (1L) noted, “I come from a family of four daughters. So, Abella is definitely an idol of mine and my sisters, for her work advancing women’s rights. It was really surreal getting the chance to speak with her.” Students were not the only audience members. Professors made an appearance as well. Anthony Niblett and Martha Shaffer were among those spotted. Mayo Moran, the previous dean of the Faculty, also came by to greet Justice Abella. As the hour for Yak’s Snacks came to an end, students dispersed to go to class, refueled after Coffee and Tea with Rosalie… Abella J.

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NEWS

November 27, 2019 | 5

Intramural Insider Dodgeball Team bobs, ducks, and weaves; Ultimate Frisbee delivers rule of law DANIEL GAO (2L) We all know law school can be a constant source of stress, so it is no surprise that students f ind ways to cope. Unlike other popular law school coping mechanisms, intramural sports provide a way to meet people and get in shape. Here is the low-down on a few of our many intramural teams here at the law school. Dodgeball (2-3 - 0) Despite their average-looking record, the dodgeball team has been dominant on the court (much like law yers produced by this school). Of the three losses, only one was ‘legit’, falling to Dentistry, while the other

two were forfeits due to low attendance. This was an improvement for the team, as, last season, almost every game was forfeited because of turnout issues. Captain Matthew Mohtadi says team MVPs include Branden Cave, two random people from the AC, and the law women’s basketball team, who stepped in and saved the team from certain disqualif ication. A dishonourable mention goes out to Real Estate Law, which was very inconveniently scheduled and caused several students to miss games. The team is not done for this season yet. Having advanced through the f irst round of playof fs, the team will face Dentistry for a rematch in the Championship Game. Win

or lose, Mohtadi is already focused on growing the team for next season with the goal of avoiding default for an entire season. Ultimate Frisbee (4 - 0 -1) The ultimate frisbee team returned this season as defending champions. Last year, not only did they dominate on the f ield, but they even found use for their legal talents. The opposing team violated a signif icant rule and, after a complaint from the Law team, was forced to default, leading the league to crack down on rule violations this season. While intramural frisbee used to be pure lawlessness, the Law team has brought

back the rule of law to ultimate. The team continued their strong play this year, remaining undefeated through the regular season. The highlight came when the undefeated streak was in jeopardy: the team was down 0 -5 in the f irst half against the UTSC-B but managed to come back and tie the game 6 - 6. Like the dodgeball team, the season is not over yet for the ultimate team. Due to weather delays, playof fs are taking place next week, with the semi-f inals and f inals happening on December 1st. Co-Captains Hanna Singer and Joel Voss are optimistic about bringing the championship back home for the second year in a row.

FEATURES

Exam Writing Tips Approaching assessment WILLIAM MAZUREK (2L) To all the 1L’s out there. Congratulathe holding. This would usually yield a sumtions! You survived your f irst term. A lmost. mary sheet around 20 pages long. Normally Only one pedantic LRW paper and two exthis was all the detail necessary to write an ams stand between you and the sweet solace exam. of winter break. Once I had made a summary sheet, my If you’re like I was at this time last year, next step was to make a map. To make my daydreams of Christmas trees, rum toddies, map, I would look at each case and try to and skiing are beginning f igure out what issue it to convalesce in your raised. head. I would write the is“Clarity of writing Unfortunately, if sues down in a document comes from clarity of as questions. I would you’re like I was, you’re thought” also probably totally lost then record a method for as to how to study for and answering the questions write your exams. In the in the form of cited propinterest of giving you a head start, I thought ositions from cases. If cases conf licted, I I would share the method I used consistentwould f igure out how to reconcile them and ly throughout last year. build the relevant distinction into my map. “Clarity of writing comes from clarity of Though the SLS database has lots of thought” a mentor told me in 1L . This stategreat maps, I found it was ver y important ment formed the basis for my study process. to go through the process of mak ing both own summar y and map. This forced me to learn the law and think cr itically about My Method to Prepare how it all f it together. Cr itical think ing My approach to studying was to start by was by far the most important step in my re-reading all of the case briefs I had made process. throughout the semester. I would summaAfter summarizing and mapping, I would rize each case in three bullet points: one for write 2 or 3 practice exams. I found doing the facts, one for the arguments, and one for more to be unnecessary.

W hat to Bring to the Exam When I would go to write an open book exam I would bring my summary and map with me. I brought textbooks or full briefs to some exams but I never once looked at them. My approach for closed book exams was the same. I trusted that I would have the course content memorized after summarizing and mapping everything. How to Write the Exam I found that there was no special trick to writing exams if I had prepared properly. Still, I tried to adopt a systematic approach. First, I would read the fact pattern in its entirety to get an overall sense of it. Then, I would re-read it and write out a list of every relevant legal issue on a piece of scrap paper, case, and the fact that related to the problem. I would f lag issues that presented real, serious opportunities for legal relief, as opposed to issues that were less likely to succeed. I would typically take about a third of my exam time to make this outline and leave the other two thirds for writing. When writing I would treat the plausible issues in de-

tail and thoroughly consider whether the facts supported those forms of relief. I would also treat the less plausible issues, but do so quickly and in less detail. One of my 1L profs told me to never “sweep issues under the rug”. I took this to heart. I would never ignore an issue just because I didn’t have a clear answer. Rather, I would do my best to answer it with the cases I had available to me and be honest if I wasn’t sure about my conclusion. When considering every legal issue, I would describe how my f indings could provide relief to the client, and whether this relief would be useful to them. Final Thoughts I think of exams similarly to how I think of reading cases. When you read a case, you shouldn’t care what the judge found, you should care why they found it. An exam is the same way. Your conclusion doesn’t matter. Your reasoning does. *Author’s Note: To preemptively pick the lowhanging fruit so tantalizing to Diversions writers, this is not the only way to study. It is merely my method. Everyone is different.

FEATURES

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In Vino Veritas Reconsidering Pinot Grigio TOM COLLINS (3L)

Angela Gu Bollini Pinot Grigio 2018 $18.95 at the LCBO You know a wine is disappointing when the only remarkable thing about it is its unremarkableness. I read a good review of Bollini’s 2012 vintage by my favourite wine critic, Beppi Crosariol. So, I thought I’d give the 2018 vintage a try. It has about the same amount of character as a bad house wine. It is a straw colour, it doesn’t smell like much, and it doesn’t taste like much—light pear with minerality and acidity. Very meh. I blame climate change. I shared this bottle with friends while watching the 2018 documentary, RBG. We decided that, while none of us particularly liked it, it paired well with Swiss cheese and Ritz crackers.

Amy Lin Santa Margherita Pinot Grigio Valdadige 2018 $19.95 at the LCBO Santa Margherita is known for its Pinot Grigio. In 1961, it pioneered the process of fermenting pink Pinot Grigio grapes off the skins to produce a white wine. This wine is clean, dry, and very minerally, which is typical of Pinot Grigio produced in Alto Adige in the Italian Alps. On the nose, the aromas of green apples and citrus are quite prominent and are subsequently reflected in the clean palate of the wine. This is not a wine I would drink by itself, but it is an excellent option to have when paired with a light dinner of chicken or seafood. It would also be a wonderful wine to have with very sweet desserts or fresh cheeses.

PHOTO CREDIT: TOM COLLINS (3L)

Some people dismiss Pinot Grigio as facile. We decided to investigate for ourselves. Pinot Grigio is one of Italy’s ubiquitous white wines. Ironically, it is native to France, where it is called Pinot Gris. It gets its name from the grapes’ greyish colour—the result of a mutation from Pinot Noir grapes. Pinot Grigios come in a few different styles, but in this issue, we focus on the dry and minerally expressions common of bottles from the Italian Alps. If you remain unmoved, we have included a few other bottles to try.

Danica Bennewies I tend not to be a big fan of Pinot Grigios. So, I decided to try something completely new. Thankfully, Italy produces a huge variety of white wines. Below are two great options for under $20. Zenato San Benedetto Lugana 2018 $19.95 at the LCBO This Trebbiano was much fruitier than I expected. It had a strong peach aroma that didn’t follow through in the taste. Instead, it revealed flavours of cherry and tropical fruits. On first taste, I thought it was a bit too sweet for me, but, on further sipping, I actually found that it had a tartness that balanced out the fruitiness. It’s dry and crisp—not overwhelmingly sweet or jammy. I thought it was great on its own, though I imagine it would also go nicely with fish or light pasta.

Monte del Frá Ca’ del Magro 2016 $19.95 at the LCBO I had never tried Garganega either. This blend definitely had more body to it and was drier than the Trebbiano above. Apple was the main flavour I picked out here, although I also noticed some lemon and floral notes. While I really enjoyed the dryness and full flavour of this wine, I wouldn’t call it an “easy sipper”. I couldn’t really drink it on its own, but I think if you paired it with grilled chicken or a charcuterie board it would be lovely.

Alexa Cheung Placido Pinot Grigio Toscana IGT 2018 $12.95 at the LCBO This wine smells delicious: slightly sweet and lemony with notes of apple. Unfortunately, I am disappointed to report that its taste failed to live up to expectations. The lemony freshness was its dominant note, but it was not balanced—too tart for my taste. Nevertheless, I sipped this wine with a beautifully constructed cheese board (courtesy of Angela Gu and Adrienne Ralph), and it paired best with sweeter, nutty cheeses like Swiss and Gouda.

Tom Collins Nals Margreid Punggl Pinot Grigio 2016 $29.95 at the LCBO

Punggl means “little hill”, signalling its origin: the hills of Magrè in South Tyrol, which is in northern Italy. The wine is a deep golden yellow colour and it opens to delicate notes of lemon, sourdough, and white chocolate. Its flavours are more assertive: a dry, bracing mix of tart apples, lemon juice, and minerals. There is a lot of acidity and alcohol (14%), but they fade into a long finish that is more a sensation of freshness than a pronounced flavour. In sum, this is a fine example of Italy’s restrained style of Pinot Grigio. Conventional wisdom says to serve it very cold. I preferred it around 12ºC. Pair it with a light green salad. La Guardiense Janare del Sannio Greco 2017 $18.95 at the LCBO Despite its suggestive name, Greco’s origins are uncertain. These days, it is one of Campania’s key grapes. Janare del Sannio is an interesting example. It is a beautiful golden yellow and it has potent aromas of wine gums and tropical fruit punch. The taste is heavy on the citrus with faint peach, pear, and unripe pineapple following behind. Those are my notes from my first time tasting it. I bought another bottle the following week and found it harsh and less aromatic. Small producers occasionally have issues with consistency. So, it is a gamble but a worthwhile one. This particular bottle is currently sold out, but look for its return in early 2020.

Olivia Mazza Masi Masianco Pinot Grigio & Verduzzo 2018 $16.95 at the LCBO In a funny coincidence, a friend had just brought me this bottle as a housewarming gift (shout-out to Jemma Lewis). I don’t drink white wine very often, but this was a nice, crisp, and easy-to-drink wine. Pleasant citrus aroma on the nose and flavours of citrus, apple, and a bit of minerals. Noticeably dry, as you might expect from a Northern Italian wine. This is a pretty typical Pinot Grigio and is perfect if you want something not too overpowering or something refreshing and crisp.

Kimia Veisi Nezhad Banfi Principessa Gavia Gavi 2018 $19.95 at the LCBO This is my perfect white wine: playful, light, crisp, and fresh. Aromas of pineapple, peach blossoms, and lemon zest are the most apparent, but there is more going on here. On the palate, this wine is well-balanced with notes of honeydew melon, green apple, peach, and minerals. A creamy and savoury after-taste follows. The delicate and subtle notes recall the story behind the wine. It comes from the village of Gavi in northwest Italy, which takes its name from Gavia, a Saracen princess. Apparently, she took up residence in a local castle after eloping with a soldier. Enjoy this wine with light snacks and appetizers. It would go great with salmon or tuna bites.

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20TH ANNIVERSARY

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ULTRA VIRES 20TH ANNIVERSARY Reflections from the Founder of Ultra Vires Melissa Kluger looks back on why she started the newspaper MELISSA KLUGER (‘01) school needed a student newspaper. We To be honest, I don’t feel much older needed a real voice: a place to celebrate than the average law student. A nd it our successes, share a few laughs, and tackdoesn’t seem all that long ago that I was le important topics. We also needed a fotak ing classes in F lavelle and meeting up rum to voice opinions and ideas that were w ith fr iends at Bora’s head. unpopular w ith the administration. The But when Ultra Vires editors Melody newspaper became a place to speak out Chan and James F lynn asked me to ref lect against tuition increases, to challenge the on why I founded this newspaper two depressure we felt to work on Bay Street, and cades ago, I realized that an alarming to question the A mer icanization of our law amount of time had passed. school (the J D replaced the L L B while I I hate to beg in any sentence w ith “ back was at U of T ). Let’s face it: we weren’t getin my day,” but a 20 -year-ref lection k ind of ting any pages in Headnotes for these topcalls for it. So here we go: Back in my day, ics. a lot of things were difSince the launch of ferent. I started law U V, the changes to the school in 1998. It would We needed a real voice: media landscape have be another four years a place to celebrate our been dramatic. Pr int before I got my f irst cell phone. The Tw in Towers successes, share a few media struggles to surv ive, while Internet bewere still standing in laughs, and tackle hemoths like Facebook New York Cit y. A nd I now curate our online used Google for the f irst important topics. media diet. This change time as a second-year has empowered students student. w ith new ways to express themselves and W hat’s changed most over the past two voice their opinions. Now, if you have decades, however, is the media. Not only something to say, you self-publish your on a global level, w ith the r ise of the Interperspective on Facebook, Tw itter, L inkenet, social media, and fake news. But also d In or Instagram. You can build your own r ight here at the law school. W hen I arwebsite, publish an e-newsletter, start a r ived at the Facult y of Law, there was only podcast or upload a v ideo to YouTube. A ll one way to read campus news. On a week ly of which can be done for way less cash than basis, the administration put together a pr inting your own newspaper. collection of notices. Headnotes, as it was A nd yet, despite this major shift in how called, was a prett y thick pile of paper, stato communicate and start discussion, Ultra pled together w ith a br ight ly coloured covVires is still thr iv ing. A good, old-fashioned er. There was no real art to it. If you had newspaper. I think that’s because we crave anything to announce to your fellow stuindependent journalism now more than dents, you put it on a piece of paper, and it ever. Sure, it’s great to have new platforms got added to that week’s pile. Ever y student to express oneself, but nothing can replace got a copy. There was also a humour paper a deeply-researched, well-wr itten, and that came out once or tw ice a year. That carefully edited stor y overseen by a team of was it. students who are committed to raising imThat’s why I felt so strongly that the law

KLUGER PROUDLY DISPLAYING A UV T-SHIRT. PHOTO CREDIT: MELISSA KLUGER (‘01)

portant issues and br ing ing relevant stor ies to the communit y. Their hard work uncovers unfairness, dispels rumours, and pushes for change. The newspaper’s annual recruitment special (included in this issue) is an outstanding example of the power of journalism: it holds law f irms, the law school, and the Law Societ y of Ontar io to account. Ultra Vires w ields an incredible amount of power and it does not squander it. Thank you to all my classmates who

helped to launch U V and to ever y student who has contr ibuted. A nd thank you in advance to all the contr ibutors who are yet to come. I cannot imag ine what the law school w ill look like in the next 10 or 20 years, but I know it w ill continue to need independent student journalism. Melissa K luger (’01) is the founder and CEO of L aw and Style Media Inc., which publishes Precedent Magazine, PrecedentJD, and T he Precedent A-List.

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20TH ANNIVERSARY

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From the Archives

5 Fascinating Stories from 20 Years of Ultra Vires SARA KARMA (1L) This year, Ultra Vires is celebrating its 20th anniversary. To commemorate this occasion, we have gathered excerpts from f ive of our more memorable stories in the archive. If you want to read more, you can f ind all of our previous issues at www. ultravires.ca/archive.

1. Student complaint leads to review of faculty’s admissions policy: Human Rights Commission to investigate use of LSAT (November 1999) “The claim that the Faculty of Law’s admission policies are discriminatory will be reviewed by the Ontario Human Rights Commission. Selwyn Pieters, an unsuccessful applicant to the law school and a person of African Canadian descent, recently f iled a human rights complaint against this law school as well as Windsor, Queen’s, and Osgoode law schools. He also applied for an injunction to prohibit Ontario law schools from using the LSAT in their admissions decisions until the ORHC has reached its decision. Mr. Pieters states on his web page: ‘I believe that because of my race and colour, I have been subjected to racial discrimination by the Admissions Committee of the Faculty of Law.’ The policies of the admissions committee and specif ically its use of LSAT effect adverse discrimination, Pieters alleges. The fact that he was denied admission and that visible minorities are, he claims, underrepresented at the law school, illustrate this discriminatory effect.” The OHRC ultimately rejected Pieters’ application. In the interim, Pieters was accepted into Osgoode Hall Law School; however, he still appealed to the Ontario Superior Court and the Ontario Court of Appeal. He now practices in Toronto.

4. Law student investigated in bookstore theft: Just over half of missing books found stashed ( January 2005) “A University of Toronto law student was recently under investigation by campus police in relation to the November theft of nearly $14,000 worth of law texts, but campus police say the investigation is on hold until they receive new leads. ‘At this point in time we’re not ruling anyone out,’ said Sam D’Angelo, Operations Manager for the campus police, ‘but the investigation will not be active until we receive new information.’ The books were discovered by UV staff in an alcove next to the UV off ice in the basement of Falconer, not far from where they went missing. Numbering in the hundreds, they were meticulously stacked in boxes, placed behind an old metal desk and carefully covered with a blanket. The f ind occurred several days prior to the publication of the November issue of UV. Campus police requested that UV not publish news of the discovery for fear of tipping off the main suspect in their investigation. Following the discovery of the books, police composed a note urging the student suspect to report to the authorities […] Campus police later learned that the student suspect was advertising books for sale in a note posted around the law school.” No one came forward, and the police ultimately did not have enough evidence to lay charges on the suspected student.

5. A Possible End? Is this goodbye? (November 2008) “It’s been an interesting month here at UV, replete with intrigue and controversy. It all started approximately a month ago when a group of students, on behalf of the University of Toronto Law Union (‘UTLU’), sent UV a demand letter accusing our operating practices of being ‘ethically unacceptable.’ (Editor’s note: the complete UTLU letter is reproduced on page 4 of the November 2008 issue.) The ULTU, with the stated mission of ‘promoting accountability, fairness and independence from corporate influence in academic space,’ was concerned about: a) UV’s practice of raising revenue through primarily corporate advertising; b) UV’s alleged bias towards corporate-oriented content; and c) UV’s longstanding, industry standard practice of distributing any remaining advertising revenue to the editorial team in the form of honoria or stipends. […] The Dean’s Office has decided to form a ‘Task Force comprised of student and Faculty representatives who will be charged with establishing a common set of guidelines and procedures.’ […] At this time, we are unsure about UV’s future. We hope to continue bringing you this well-loved public service in the coming year. Thank you for your support over the last 10 years.” In light of the accusations, UV went on to take a year-long hiatus. It returned in November 2009.

2. Probe into scandal raises concerns: Réaume inquiry may have chilling effect; students implicated may have innocent excuses (March 2001) “After weeks into University of Toronto’s investigation of about 30 students who allegedly lied about their grades, there are still many unanswered questions […] Allegations that Professor Denise Réaume may have played a role in the law school’s grade scandal has raised serious concerns that it could have a chilling effect on academic free speech. The investigation into Réaume has changed to a much more general ‘fact f inding’ project in what appears to be backpedaling by the university, raising additional concerns about due process. On Feb. 20, Vice-Provost Paul Gooch announced that the university was ‘striking a committee to investigate allegations that Réaume made statements’ that may have contributed to the grades scandal, involving as many as 30 f irst-year students who may have misrepresented the results of their December tests in their applications to Bay Street f irms.”

3. Court to rule on suspension: SAC intervenes on behalf of student (September 2001) “The authority of the University of Toronto and the dean of the faculty of law was put to the test on August 23, as Roxanne Shank appealed the dean’s decision to suspend her from school for one year. The case, heard at the Divisional Court of the Ontario Superior Court, could have wide-ranging implications for all the students involved in the grades scandal last year. A packed courtroom listened as lawyers for Shank, Dean Ronald Daniels, the university and the Students’ Administrative Council debated the def inition of ‘academic record,’ whether Shank had admitted to misrepresenting her grades, whether the dean had the legal authority to suspend her, and the reasonableness of his decision. The Court issued an interim stay of proceedings on August 31, allowing Shank to return to school pending a ruling in the case. Shank said that she was ‘really glad to be back.’ Daniels and the lawyer for the university declined to comment.”

KLUGER WITH THE INCOMING EDITORIAL TEAM OF 2001–02.PHOTO CREDIT: MELISSA KLUGER (‘01)

ultravires.ca

20TH ANNIVERSARY

November 27, 2019 | 9

Recurring Trends Tempora mutantur, but Ultra Vires stays the same CLAUDIA SHEK (2L) Just l i ke its readers, U ltra V ires has changed over its 20 years of ex istence. But a closer look suggests U of T L aw st udents in 1999 and 2019 shared sim i lar interests and concer ns. W h i le d igg ing t hrough t he arch ives, we found some patter ns in t he newspaper’s st r uct ure and content.

Where can I find... U V began w it h si x sect ions: News, Clubs & Cl in ics, Ed itor ia l, O pin ions & L ega l Issues, Commentar y, and Diversions. T hough News and Diversions have sur v ived, t he ot hers appear and d isappear over t ime, w it h Feat ures ma k ing its f irst appearance in September 20 0 0. T he paper’s cur rent for mat was int roduced in September 20 0 8 and has rema ined unchanged since.

Read all about it Cer ta in topics have repeated ly made head l ines in U V over t he years. St udent

recr uit ment and OCIs dom inate t he front page w it h head l ines such as “Bay St reet H ir ing a Bloodbat h T h is Year” ( November 2013) and “H ir ing Is Up, Tr ust Is Not” ( November 2017). 1L Or ientat ion, t he Grand Moot, and Facu lt y Counci l a lso feat ure frequent ly. Ot her law school events are better recapped in pict ures. L aw Fol l ies, wh ich head l ines t welve Febr uar y issues, is no except ion. A not her common source of front page v isua ls is L aw Ba l l, wh ich appears on t he cover of eight March issues.

The rise of tuition (and fall of financial aid) Even when one year of legal education cost a mere $8,000, the price of attending U of T Law has never left the pages of U V. The October 1999 issue contains an editorial on the need for “faster f inancial aid”. Jump ahead f ive years to September 2004, where one can read that “Financial aid calculus produces shocking results”. Then an-

other ten years, to February 2015: “Did You Make a Poor Financial Investment By Going to U of T Law?” Perhaps the most apt summary of student feelings is the March 2007 headline on consecutive tuition increases: “Tuition is going up again. Yay!”

The never-ending student space saga I f you have ever compla ined about a lack of seat ing in t he law school at r ium or t he luncht ime crowds in t he st udent k itchen, you’re not a lone. T he f irst issue of U V (September 1999) included a front-page repor t on t he Rowel l Room’s t ransfor mat ion into st udent space. T he Victor ia College years feat ured sim i lar d iscourse on “t ransit ion space” and debates on t he mer its of t he Birge- Car neg ie bui ld ing (September 2013). Nor has Jack man L aw escaped t he w rat h of U V w r iters. T he September 2016 lead ar t icle (“Jack man L aw Bui ld ing: Mov ing On Up”) laments t he lack of st u-

dent space in t he new bui ld ing. A nd t he announcement t hat t he F lavel le basement wou ld become a st udent lounge on ly ap peared in September 2017— soon a fter t he cur rent 3L s star ted law school.

Do you ‘see yourself here’? The ads think you do Since its incept ion, U V has been powered by brea k ing news, st udent hot ta kes, and of course, law f ir m adver t isements. O ver t he years, many Bay St reet names have placed ads in t he newspaper, hoping to att ract st udents —but eagle- eyed readers may not ice some repeats. Dav ies ap pears over 10 0 t imes, w it h an unbroken st retch of back page publ icit y from Januar y 2010 to Apr i l 2018. Not a l l U V adver t isements come from pr ivate pract ice, t hough. Emond P ubl ishing and t he Osgoode L ega l H istor y Societ y have adver t ised in recent years, wh i le Ryerson’s L aw Pract ice Prog ram has ta ken out four ads since its creat ion.

KLUGER WITH HER SUCCEEDING EDITOR-IN-CHIEFS, NOAH GITTERMAN (LEFT) AND DANIEL MURDOCH (RIGHT). PHOTO CREDIT: MELISSA KLUGER (‘01)

10 | November 27, 2019

RECRUIT SPECIAL

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ULTRA VIRES 2020 RECRUIT SPECIAL Part One MELODY CHAN (2L) Another season, another recruit. The 2L Toronto Summer 2020 hiring process has come and gone. It began at the end of August, with the submission of application materials, and it ended on November 6, Call Day. For some, the quest for the ever-elusive summer job offer is over, and they can go into exam season with one less worry on their plate. For others, the search continues; they will spend the coming weeks submitting resumes and rushing between classes and interviews. The Career Development Off ice reported that for the graduating class of 2018, 196 out of 214 students had employment positions upon graduationâ&#x20AC;&#x201D;double the 97 positions that U of T Law students secured during this yearâ&#x20AC;&#x2122;s recruit. Many other employment opportunities will come from the U.S., from other Canadian markets, from clerkships and from public sector work. This recruit is not the last stop for many. Even so, we celebrate our newly-employed colleagues and wish good luck to those who hopefully soon will be.

The following few articles comprise the f irst part of the Ultra Vires 2020 Recruit Special. We report on the total number of students that various employers hired through the Toronto OCI process, as well as on the breakdown by law school of those summer classes. We also have a selection of quotations excerpted from our 2L-wide, anonymous recruit survey. Lastly, we have authored pieces that share more personal insight into the process. In our upcoming January issue, we will feature part two of this special, which will include highlights from our 2L demographic survey and an analysis of the correlation between grades, race, and success in the recruit.

Toronto Summer 2020 2L Recruit Numbers Overall hiring up as Osgoode soars DANIEL GAO (2L)

**Editor's Note: The years listed ref lect the year the recruit occured, not the year of the summer class.

RECRUIT SPECIAL

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Aird & Berlis LLP

Total Summer Students

Returning Summer Students

U of T

Osgoode

Western

November 27, 2019 | 11

Queens

Ottawa

Windsor

Bennett Jones LLP

Bereskin & Parr LLP

Blake, Cassels & Graydon LLP

Borden Ladner Gervais LLP

1 1

Baker & McKenzie LLP

Brauti Thorning Zibarras LLP

Cassels Brock & Blackwell LLP

Chaitons LLP

Crawley MacKewn Brush LLP

Dale & Lessmann LLP

Davies Ward Phillips & Vineberg LLP

1 1

Department of Justice (Toronto)

Dickinson Wright LLP

DLA Piper (Canada) LLP

Epstein Cole LLP

Other/Not Disclosed

3 3 3

Dalhousie

1 1

1 1 3

2 2 3

Deeth Williams Wall LLP

McGill

Fasken Martineau DuMoulin LLP

Filion Wakely Thorup Angeletti LLP

Fogler, Rubinoff LLP

Gardiner Roberts LLP

Gilbert's LLP

Goodmans LLP

1 1

1 2

1 1

Gowling WLG (Canada) LLP

Hicks Morley Hamilton Stewart Storie LLP

Kim Spencer McPhee Barristers

Koskie Minsky LLP

KPMG Law LLP

Lenczner Slaght Royce Smith Griffin LLP

MAG- All Offices

1 1

Did not provide by the time of publication* 3

McCarthy Tétrault LLP

McMillan LLP

Miller Thomson LLP

Norton Rose Fulbright LLP

Mathews Dinsdale & Clark LLP

Office of the Ontario Ombudsman Osler, Hoskin & Harcourt LLP

Paul, Weiss, Rifkind, Wharton & Garrison LLP

Polley Faith LLP

Public Prosecution Service of Canada Ontario Regional Office

1 3

2 2 1

Paliare Roland Rosenberg Rothstein LLP

2 1

1 1

Did not respond by the time of publication

PwC Law Rae Christen Jeffries LLP

Ridout & Maybee LLP

Shearman & Sterling LLP

Did not respond by the time of publication

Shields O’Donnell MacKillop LLP

Did not respond by the time of publication

Singleton Urquhart Reynolds Vogel LLP

Skadden, Arps, Slate, Meagher & Fiom LLP

Siskinds LLP

Smart & Biggar

Stieber Berlach LLP

Stikeman Elliott LLP

1 2 3

Did not respond by the time of publication

Thorsteinssons LLP Torkin Manes LLP

Torys LLP

Wildeboer Dellelce LLP TOTAL

443

101

102

1 20

Fill out the UV recruit survey! Looking for data from the 2L class

As part of the annual recruit edition, Ultra Vires will compile and analyze data from a demographic survey filled out by the 2L class. If you haven’t yet, please fill out our anonymous surveys so we can accurately report this information in part 2 of our Recruit Special, coming January 2020! As always, if you have any questions or concerns, you can reach us at editor@ultravires.ca. Recruit Survey: https://forms.gle/i2Ujr27ZYcSgtiCGA

Demographic Survey: https://forms.gle/geBSsfuqXbK94jsj9

12 | November 27, 2019

RECRUIT SPECIAL

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Behind the Equity, Diversity and Inclusion Initiatives Unconscious Bias is Alive and Well in the Fall Recruit WILLIAM MAZUREK (2L) On a drizzling, overcast afternoon in North York, I sit down with Leanne* at a small restaurant in York Lanes Mall. University students scurry by at a frenzied pace, grabbing a bite to eat or running an errand between their classes. We have met to discuss Leanne’s experience as an international student in the Toronto fall recruit. “The people here know me by name,” she tells me as she looks up from her food. “I’m the only one who orders my sushi with crab and cream cheese. This is how they eat it back home.” Leanne is a licensed lawyer in her home country of Brazil, and an LLM student at Osgoode Hall. She was able to secure a government position in the Fall recruit. Still, she says, the process was far from perfect. “I feel there was a lot of discrimination and a lot of bias,” she tells me. She recounts an exchange that she had at a big firm’s cocktail reception. Although she had applied as a student at Osgoode Hall, the firm listed only her undergraduate university on her nametag. An inquisitive associate asked her about it. She told him it was in Brazil. “His response was: ‘Oh amazing! It’s good that you’re pursuing education, because the people who clean our washrooms here, they’re all from Brazil’,” she told me. “It was very upsetting.” Jaimie*, another internationally-trained LLM student at Osgoode, expressed her reservations about the hiring process. “17 minutes is a very short time to convince someone you are fit for the job,” she said of her experience at OCIs.

Jaimie is a licensed lawyer in India. Before coming to law school, she spent two years at one of the most prestigious firms in India. She was an associate in intellectual property. Now, she aspires to make partner at a large firm with an international reach. Despite her substantial job experience, Jaimie received only one OCI in Toronto. She did not make it on to in-firms. “[The] interviewers don’t really talk about your experience,” she told me. “Instead they try and deviate from your resumé.” “We have good, significant experience which could help the Bay Street firms […] I feel like there could have been more opportunities that the firms could have given us.” Leanne was luckier. She secured 8 in-firms in total—with both Bay Street firms and government offices. She expected her two foreign clerkships and her public-defence experience to be highly valued. But, she says, her international experience was met with cynicism and disbelief. “I think they didn’t understand it,” she remarked of her experience. “They didn’t want to see that I had transferrable skills. In in-firms, they were always asking: ‘Why is that relevant?’ And once I explained why it was relevant, they asked me: ‘Sure, but don’t you have any Canadian experience?’” Leanne and Jaimie were not the only ones who expressed concern with the hiring process. Rick*, a mid-level associate in Toronto, had similar things to say. Rick has participated in the 2L recruit as an articling student and as an associate at

several firms on and off Bay Street. “I can speak to its arbitrariness,” he told me of the 2L recruitment process. “I have seen a candidate that was otherwise liked get shot down, because he brought a backpack to an interview.” Although Rick said that he had not encountered overt discrimination in the hiring process, he mentioned several instances of substantial bias. “I’ve seen a candidate lauded for her ‘smalltown charm’,” he said. “You know who you don’t see in small towns? Immigrants.” Rick also told the story of a candidate who was passed over in favour of those who were developed athletes. “That partner, in that particular room, found value in athletic success over other types of success. That’s ableist, and it’s classist.” I asked Rick whether cocktail receptions and dinners were partially to blame for bias in the recruitment process. I wondered if firms were drawn to candidates whose relatively privileged backgrounds helped them be more extroverted. “If a firm has a cocktail reception, I think they unknowingly value a particular kind of extroversion where there’s drinks and people in suits and dresses. Not everyone is comfortable in that setting. Not everyone grew up in it.” Leanne’s comments matched Rick’s. “Firstly, it’s harder for us to initiate a conversation,” she said of international students at receptions. “We don’t know how to act. I had never had a reception in my life before. For me, that’s totally not normal.”

Still, she said she thought that firms had already made their hiring decisions by the time the cocktail receptions rolled around. “I just think it’s very superficial […] I think they have already made their choice.” Rick had something similar to say: “No one is getting selected for cocktail performance.” Asked about the effects of firms’ failures to effect a neutral hiring process, Rick was unsure. “I think they’re wasting good talent,” he said, “but [the 2L recruit] is only one opportunity. Good candidates can make lateral moves.” Despite the process’s shortcomings, Jaimie was encouraged about the firms’ emphases on equity, diversity and inclusion. “They don’t really have to do that,” she said of the firm’s equity, diversity and inclusion programs. “It’s good on them”. She was unequivocal when asked whether her perception of Toronto or the legal market had changed as a result of the recruit. “No,” she said, “I’m just very optimistic.” Leanne was less optimistic. “My idea of the law firms didn’t change. I never liked Bay Street.” Both Leanne and Jaime said they would like to see more transparency in the process. “They can pick 20 Canadians,” Leanne said. “I would be fine with that. But the process should be transparent. I would like not to have it in the back of my mind that I wasn’t picked because I am Brazillian.” *Editor’s Note: Names have been changed at the request of the individuals.

Through Hell and High Water Navigating the 2L recruit with accommodations VENESSA SECTAKOF (2L) In July, while preparing cover letters and editing my résumé for the 20th time, I received news that would alter the next few months of my life. I had been living with chronic pain for a recurring issue, and a visit to a specialist determined that I would require urgent surgery. I would then come to learn that “urgent” in our healthcare system meant months—my surgery was set for Monday, November 4th—the first day of in-firms. I had spent months going to firm open houses, scheduling coffee chats, and networking over phone calls. I did not want to let my condition get in the way of the recruit. The law school environment has a way of making you feel like your career ends before it even begins if you don’t succeed in the 2L recruit. Knowing what I do now, that clearly isn’t the case. But for the last few months, it definitely felt that way. I immediately realized that I would need an accommodation and went straight to the law school administration to figure things out. Unfortunately, the Dean’s Office and the Career Development Office (CDO) didn’t know what to do with my situation. Waleska Vernon contacted the Law Society of Ontario (LSO) on my behalf and I eventually corresponded with one of their counsels. The LSO provided me with an accommodation that would allow me to participate in in-firms “prior to November 4th”. So, I got an accommodation letter from the

LSO, now what? What followed were frequent “appointments” (meltdowns) with the CDO Director Neil Dennis. Neil was my champion in navigating these tumultuous waters. If you find yourself in a similar situation when going to the recruit, reach out to the CDO—you do not have to go through this alone. Neil was copied on every single one of my accommodation emails to prospective employers, and he was a consistent cheerleader and force of positive energy. He continued to check in on me during OCIs, on Call Day, and during my in-firm week. I would not have made it through the recruit intact if it wasn’t for Neil. I panicked about employers not being willing or able to accommodate me, so I applied to an obscenely high number of positions (56), some of which I wasn’t even remotely interested in. This was clearly a mistake. I should have prioritized my top job prospects and trusted the process. But, it was hard to trust a process that no one could predict. A big issue I wrestled with was when to tell prospective employers about my accommodation. Ultimately, I decided to inform employers with whom I had scheduled OCIs prior to OCIs. Many firms responded pleasantly, some tried to wiggle around the accommodation, but most did not reply at all. This caused me huge bouts of anxiety. In my fol-

low-up thank you emails post-OCIs, I had to remind most employers about my accommodation. I decided to notify non-OCI employers two weeks before Call Day for continuity’s sake. I want to trust the process and believe that I didn’t miss any opportunities due to requesting accommodation, but I can’t be certain. What I will say is that you do not want to work somewhere that is unwilling to accommodate this type of scenario. In the end I received more in-firm offers than I could accept from large firms, boutiques, and government offices. They were all very flexible and understanding of my situation. Of course, there were a few employers who claimed to have never heard of my accommodation and had to confer and call me back later in the day. My Call Day experience dragged on intermittently until 4:00 p.m. (it usually ends by 8:30 a.m.). The LSO accommodation allowed me to schedule interviews over the course of the week and to take breaks to rest so my condition didn’t worsen, and my immune system didn’t weaken immediately prior to surgery. While my interviews were technically completed the week before in-firm week, in reality, they were not over. A few employers contacted me on the Tuesday and Wednesday of in-firm week after my surgery for phone call follow-ups. While I ended up accepting a position from one of these

employers, which was my top choice, I received offers from employers that only interviewed me during my allotted accommodation period the week prior. I want to think that if I was unable to answer the phone due to my recovery, my chances at a job at those offices would not have been compromised. This process is stressful enough without health complications. If you are suffering through something, reach out to someone as you are not alone. I missed the entire interview week’s classes and all my classes the week after Reading Week for recovery. I’m lucky to be part of a supportive community where family, friends, mentors, professors, and my DLS Staff Lawyer were willing to support me and help me succeed. When physical health is at issue, mental health concerns often follow closely behind. The U of T Health & Wellness Centre offers psychotherapy, group counselling, and other services that can be booked online. There are also crisis hotlines from the broader community available 24/7. Should you find yourself in need of support, choose the resource that best works for you. A list of the Faculty’s counselling and support services can be found at: https:// www.law.utoronto.ca/student-life/personal-support/health-and-well-being/health-and-wellnesslaw-school.

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RECRUIT SPECIAL

November 27, 2019 | 13

The Unexpected Loneliness of the Law Firm “I don’t think I’ve actually spoken to anyone today” RORY SMITH (3L) ate between firms. Although I did the Vancouver recruit, I think this is a common experience. Prior to OCIs, I found it especially difficult to distinguish full-service firms, in particular, as they all operate in roughly (read: all) the same practice areas and are frustratingly opaque from the outside. At my very first OCI, the interviewer gave me the single piece best of advice I got in the whole process: Just go with your gut. Pick the firm with the people you like to be around. Simple as that. As nebulous and unhelpful a descriptor as “culture” is, the interviewer told me, at the end of the day, it’s the only useful differentiator. At OCIs treat the interviewer(s) as a microcosm of the firm culture. These are the people they chose to represent the firm. Judge them accordingly, and at in-firms talk to everyone you can. Accordingly, my goal at in-firms was to meet as many people as possible. It was exhausting but the only good means of assessing where I wanted to work. Everywhere I went and everyone I spoke to, I was taken with how collegial everyone was. They all spoke of how much they liked working with each other; cases they had been partnered on or clients they swapped stories about. I met many lovely people, shook I don’t think I’ve actually spoken to anyone today. countless hands, and tried to listen to my gut. Let me contrast two jobs that I had prior to My gut didn’t cooperate (too many canapés in too short a time period, I guess). law school: After the final day (Vancouver sends out ofAt the first job, I was continually engaged and thinking critically. I was able to apply the things fers the morning of “Day Four” instead of the I had learned in my degree and was frequently evening of “Day Three” as in Toronto) I flew assigned interesting and novel problems. How- back to Toronto without a finalized internal ever, I was the youngest person at the company ranking. I hadn’t told any firms “first choice.” by easily fifteen years and had little in common My gut was silent. My sleep that night was unwith my colleagues. I worked alone in an office easy. So many canapés. When I got the calls, the next morning, I still and had limited interactions with anyone else working there. The interactions we did have in- didn’t have an answer. I asked for more time and volved my struggling to relate to retirement called my parents. My dad gave me the answer: which person did you like planning or how difficult it the best, of anyone you met? was to raise teenage kids. Go work with them. At the second job, I did “I work at a firm with I knew who he meant, essentially manual labour even if he didn’t. I immediin noisy, cramped condiwonderful people. I called the firm back tions. Worse, my work dejust wish I got to work ately and accepted the offer. manded incredible finewith them more motor skills—imagine Would anyone notice if I just playing Operation except often.” went home? every mistake costs hundreds of dollars. I was, perOf the many things I misunderstood about haps, singularly unsuited for this position (as anyone who has seen my handwriting can at- firm life, misinterpreting the phrase “I work with so-and-so” was the one I expected the test). Despite this, I enjoyed the second job far least. In engineering, group projects were the demore than the first. My colleagues were much closer in age and more engaging to talk with. At fault. Teams were multidisciplinary, by necessilunch, we would sit at one long table (there is an ty, and virtually no task could be completed interesting backstory here which I suspect the without collaborating with others. Meetings, editors will cut for space*) that could fit the en- both formal and informal, were frequent, and tire company—forty-odd people—and discuss while you would still work on some tasks alone, sports, politics, science, you name it. There was you would always come together as a group afsome child-rearing and retirement talk, sure, terwards. I anticipated that when lawyers said but I never felt isolated from conversations as I they worked with someone, they meant somehad at the first company. It wasn’t a perfect job thing similar to the above, just on a smaller by any means, but I learned that the peer group scale. This was not what I found. “I work with so-and-so” is more accurately was the most important factor (to me) when translated as “so-and-so will assign you tasks. choosing a workplace. They will likely be assigned via email. You may not ever meet in person. Unless you need to ask It’s a shame because I really like the people who work clarifying questions, there will likely be no furhere. ther communication beyond their thanks and During the recruit, I struggled to differenti- acknowledgment of the received work product.” This isn’t why I came to law school. I never intended to come to law school. Both my parents were engineers. I studied engineering in undergrad. I worked several engineering jobs prior to law school. In retrospect, I made a reckless decision to leave engineering and study law, and I’m incredibly fortunate that it worked out. I came to law school because I liked lawyers. (I feel that I should pause, at this point, to let the laughter subside). There were other reasons—reasons more amenable to personal statements and cover letters—but, in large part, I chose law school— and U of T specifically—for the peer group. In my limited interaction with lawyers prior to law school, they had always been intelligent, conscientious, and friendly. They were engaging. They were intellectually curious and conversant on a range of topics—none of which, I might add, were remotely legal in nature. But, more than any of that, they believed in enacting concrete change, in fairness, in justice. These, I thought, are the type of people with whom I would like to surround myself.

spend time with my co-workers, they were exI had my own office, which I originally thought actly the lovely, engaging, friendly people I had was excellent. I had a view of both harbour and met during in-firms. The problem was that I mountains (obligatory mention of mountains for didn’t get to see them all that much at work. I any article about Vancouver). The downside of didn’t see much of anyone at work. having your own office is that only you are in it. Perhaps this is simply part of my working in The vast majority of my days were spent alone, in Vancouver. After two years, here, almost my enmy office, working by myself. The best times were tire social circle is in Towhen I was on a big file ronto. Few of my old and we would have all the friends remain in Vanlawyers set up in a confer“‘I work with so-andcouver and those that do ence room or office and so’ is more accurately struggle to relate to legal discuss our arguments, life. There is a distance theories, etc. There was translated as ‘so-andwith them there that there less of this than I would so will assign you isn’t with law students. have liked. Some lawyers tasks. They will likely Plus, with frictionless digmade a particular point of ital communication, I was coming to my office regube assigned via constantly connected to larly to check-in and chat, email. You may not friends not in Vancouver to whom I am eternally (whether back in Toronto grateful. My mentor ever meet in person. or elsewhere). I suspect would similarly regularly Unless you need to my fellow summer stucheck-in. I can only hope ask clarifying dents (most of whom the other students were as weren’t UBC students) felt fortunate. But the recruit questions, there will the same way. There was didn’t prepare me for just likely be no further no overwhelming push to how little I would see othbecome fast friends in the er lawyers on a day to day communication way there was at the start basis. beyond their thanks of law school. We were and acknowledgment friends, but we didn’t Where does everyone eat bond in the same way as I lunch? of the received work had with my friends at law product.’” school. Our lunchroom, as Then again, would it with most of the lunchhave been any different in rooms at firms I’ve seen, Toronto? I routinely left the office before my had many small tables that would seat four peofriends in Toronto and that’s even accounting ple scattered about. It could seat maybe fifty for a 3-hour time change. I was never required people at full capacity. Our office, for reference, to work weekends, something that was, while had roughly two-hundred total employees of perhaps not routine, definitely expected of Towhom around eighty were lawyers. ronto summer students. I didn’t have work email At no point did I see more than a solitary lawon my phone—when I left work on Fridays I was yer eating in the lunchroom. It was uncommon incommunicado until Monday morning. Where to see more than one non-lawyer at a table. would I have found the time even if we were in They might as well have been eating in their ofthe same city? fice. On day one, we were told never to eat lunch I never expected to feel lonely. at our desks. Eat in the lunchroom and meet other lawyers, we were told. As students, we All of this comes with massive caveats. I have managed to eat together early in the summer, no idea if my experience generalizes to life at a but this quickly fell apart as our respective workfirm beyond the summer. I have no idea if my loads mounted. Despite being told not to, we ate experience externalizes to other firms, or even more and more of our lunches at our desks. I was to other students within my firm. This was simparticularly bad for this, perhaps because I alply one summer’s observation. I had no clients to most always brought lunch while most people talk to. I never was up in court arguing so I bought lunches and would eat them out of the didn’t form any interfirm relationships (my only office. exposure to other firms was the occasional serI thought back to the one big table and wonvice of documents). dered if we would eat lunch together if the The recruit gave me a very skewed sense of lunchroom hadn’t been set up in a way that what working at a law firm would be like. In retseemed designed to have people eat alone. rospect, there is no reason why the recruit would properly reflect firm life, but, still, I was caught Something is missing. off-guard when I found myself lonely at work. Not all the time, but definitely more than I exI did all of the outside-of-work firm events. pected. The Vancouver Bar Association runs a softball The bottom line is I chose to study law to league during the summer and I joined in enwork with lawyers. I chose where to work based thusiastically. I (more apprehensively) joined the on whom I wanted to work with. I work at a firm firm’s Dragon Boat Team. I joined the firm’s with wonderful people. I just wish I got to work slack-line yoga stand-up paddleboard club (that with them more often. last one might be a joke). The firm hosted bar beques and we would go out for drinks or food *Editor’s note: The backstory is not, in fact, interesting with some of the associates and articling stuand was cut for space. dents. Outside of work, when I actually got to

RECRUIT SPECIAL

14 | November 27, 2019

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UV Recruitment Survey Responses Students speak out about their recruit experiences ERNEST TAM (2L)

Do you have any comments on the CDO's services during the recruitment process? Most students noted that the CDO was helpful in providing career-related services and information regarding the Bay Street firms: • “Mock interviews with the CDO were incredibly helpful. The CDO also provided a warm and comforting environment on top of all the useful information they give us.” • “Extremely helpful for traditional full-service Bay Street positions, but a bit less [so] when it comes to boutiques and government jobs. That said, I don’t think I would have gotten the job without their support.”

I don't think that networking is as critical as people make it sound. The OCI offers seemed to be made to people with good grades, regardless of whether they networked or not.” Some thought it was beneficial: • “There was a very strong correlation between not networking at a firm and not receiving an OCI offer from them.” • “I found coffee chats with students much more helpful. I think being able to name drop someone I had meaningful conversations with helped me in writing successful cover letters.”

However, with regards to other types of employers, many respondents were less pleased:

• “I think networking is critical in this process for getting a sense of the firm and their culture.”

• “Not helpful for public interest hopefuls. Not many opportunities to receive information outside of info sessions.”

And others:

• “Crim[inal] materials are extremely outdated.” • “Wish there was more information and institutional knowledge about government jobs.” Some thought the CDO could have done a better job in other respects: • “I would have appreciated a more critical look at my application materials (i.e. cover letter, resume, etc.). I very much appreciated them being available by phone on call day, as I had firms unexpectedly call and my plans were turned upside down.” • “They...conveyed basic information, including which LSO rules the firm's must follow and which rules we must follow. However, that definitely was not adequate preparation. I wish they noted how often firms do NOT follow those rules and can be very self-interested in the process / lead students on. The CDO should have told us that, so that students know not to rely [on] firms even when they basically convey a ‘pre-offer.’ • “The written resources are sometimes out of date which makes them not helpful and even dangerous as tools.”

Do you have any comments on networking?

• “I hate it and did not do it. I got a job.” • “Networking is so fake because the firms and I both know I'm only doing it to name-drop and show my interest, as if applying isn't enough to show that in the first place.”

Inappropriate questions or comments Comments: • “I was asked by private firms where else I was interviewing and if my week was busy.” • “Undue pressure to indicate that a firm was my first choice.” • “They asked age-related questions. I'm a much older student, and it outed me as such.” • “I was trying to split between NY and Toronto… [o]ne firm asked me straight up what my 10-year plan was. Another started the interview by saying ‘you must be a pro at this by now.’”

• “Love it! Best thing you can do.”

• “My Associate Host at one firm told me I should cancel a first-round interview I had Tuesday if I want a better chance with her firm.”

Do you have any comments on receptions, lunches, or dinners?

What advice would you give to someone participating in the process next year?

Many respondents highlighted the importance of attending these events for multiple reasons:

On finding the firm for you:

• “Oof.”

• “If you are seriously considering an employer you must attend these events. This is a great way to assess your fit and see if you generally click with others in that office. (Hint: if you wanna run away after 15 minutes, that's a good indication that you don't wanna work there).” • “I think your performance in the interview will determine how useful a dinner will be. A dinner performance won't save a lacklustre interview. A stellar interview gets you some leeway to be a bit less ‘on’ than the next candidate at dinner.” • “I think it might be useful if you are a marginal candidate at the interviews, but you kill it at the dinner. The dinner setting creates additional opportunity to show what a nice/thoughtful/interesting candidate you are, and to sway one or two people to go to bat for you when they're making the hiring decisions.” Some respondents were treated inappropriately:

Some hated it: • “The emphasis on it is not great for us introverts.”

our damn time.” • “I didn't go to any #feelsbadman.”

• “A male partner at a firm playing footsy with me under the table all night at an individual dinner despite my moving away.” • “I went to a reception at a smaller firm where I was treated with some of the worst sexism I have encountered in my professional life, and that also helped me narrow down my options and focus more on better firms.”

• “Only apply to places you actually want to work. Being ingenuine [sic] gets you nowhere, and employers can see right through it—if not at the cover letter stage, then at the interview stage.” • “Start networking early, even if it makes you uncomfortable. Use these as data points to answer the question ‘why us?’ at the OCI and in-firms—your answer will be much more substantial, and you will have a better understanding of where you want to end up.” • “You are there to interview them, as much as they are there to interview you. Remember that you have a choice too. You are not a job-beggar who has to take whatever comes your way. Look out for your future self, and don't put yourself in a position where you have to summer at a place you hate.” On playing “the game”: • “Be resistant to pressure, and play the game all the way to the end. The firms aren’t people and they won’t get their feelings hurt if you decline their offer.” • “The firms are snakes, trust no one, they will screw you over.” • “Don't fully invest time and interest only in one firm. The firms are self-interested and often lead on more students than can fit in there summer class.”

• “Not sure how useful they were—out of 6 OCI firms, I did not network with 5 of them.”

And others:

• “The game sucks, but you have to play it when you're between a rock and a hard place.”

• “If you have relatively good grades and some experience,

• “A wholly unnecessary and vapid exercise. Stop wasting

Some comments were more more academically focused:

Some didn’t think it made a difference:

•

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• “Get good grades because that seems to be the biggest factor.” • “It's so fucking random. There is no rule or magic. Maybe if you have all HHs.” • “An LP is not a death sentence! I ended up with 10+ OCIs, more in-firms that I could fit and a job offer with the dreaded LP in my transcript. I did have some Hs/ HHs to balance out the LP, so that likely helped.” • And the most practical advice of all: • “Don't forget to sleep and eat.” And most importantly, don’t forget to be yourself: • “Just be yourself and know that not getting a job isn’t the end of the world—it makes you much less stressed during the process and, as a result, stay calm and friendly.” • “Go with your gut. Tune out the chatter about Seven Sisters and just focus on figuring out what’s best for you. At the end of the day, I had to think to myself, ‘where can I see myself in ten years?’ and make a decision based on that.” • “In my opinion, what you SHOULD do is be yourself. If an employer decides not to hire you purely because of your personality or your interests, that is their problem and frankly, their loss. There is a lot of pressure in this process to make concessions, lower your standards, or conform to stereotypes that don't match who you are. I would encourage you to block out the noise and stay true to yourself and your own priorities.”

What did you not want your interviewers to know about you? Responses varied: • “That I really cared about work/life balance.” • “The extent of my religious participation.” • “Mental health issues.” • “That they gave me my only interview.” • “I am not willing to work 12+ hours every day.” • “That I am in fact an alien from Mars.” • “I would stay at your place for life if you hired me.” • “Planning to leave in 5 years.” But one respondent stood out: • “When talking to a boutique, I was reluctant to communicate that I had some lingering fears about closing doors for myself in terms of never trying other kinds of work. I actually ended up telling them this on the second day and was glad I did—the act of saying it out loud put pressure on me to ask the questions that really mattered to me and I ended up accepting their offer.”

RECRUIT SPECIAL • “It is way too stressful to pack everything into 2 and a half days of interviews, dinners, receptions and coffee chats. I prefer the NY recruitment system, where you get to book your interviews over the course of a few weeks and given 28 days to make a decision, so no stress in accepting on the spot.” • “Why are we still doing calls? Seems like there should be some sort of online system. Waterloo, Laurier, etc. have coop systems that do substantially similar functions.” • “Get rid of OCIs entirely. If other jurisdictions can weed out candidates by looking only at resumes, Toronto should be able to as well.” • “I wish that employers were only allowed to schedule 2 interviews or 1 interview, 1 dinner, and 1 reception. The race to monopolize candidate's time is annoying and exhausting.”

Did employers not follow LSO Procedures, and how? Shout-out to Daniel: • “I don't know if this is breaking the LSO procedures (cuz [sic] I never read them), but it annoyed me, so here it goes: I interviewed with [employer]. I didn't get an ITC or a PFO, but I was hoping I still had a chance at an in-firm. I got a call from them at 8:02 on call day. They asked me if they were speaking to Daniel. My name is not Daniel, so I said, "no, this is John Doe". They said "Oh, sorry, wrong number", and hung up. Bruh [sic] how do screw something like that up? Anyway shout-out to Daniel—hope you killed it.”

Do you have any comments on the LSO Recruitment Procedures?

November 27, 2019 | 15

How did your interest in a legal career change as a result of the recruit? Some were inspired: • “I have a job I'm excited about, and I can actually picture myself having a fulfilling and balanced career in law for the first time since starting law school.” • “Process was a lot of fun. If this kind of hustling is part of big law, count me in.” • “I frankly got a little misty-eyed listening to a lawyer talk about why they went into litigation. It put this crazy law school journey into perspective and emphasized to me that I might be entering into a career where I will genuinely love what I do for many, many years to come.” • “Before this process, I was dreading a legal career at a beige office in some transactional group at a full-service firm. I never thought I’d be proud of the work I am going to do. Now, I’m looking forward to a long career in an area of law that I am proud to become a part of. I don’t think I’ve ever been more excited.” Others, not so much: • “Lawyers look like their souls have been sucked out of them.” • “I have lost respect for many of these firms because of the way they treat students during the recruitment period.” • “This process worsened my view of legal recruiting, but didn't affect my interest in pursuing a legal career more generally.”

Do you have any closing thoughts?

Although some praised the LSO Recruitment Procedures, the vast majority of respondents criticized it for not protecting students. Multiple respondents questioned the efficacy of these rules when there were not proper enforcement mechanisms in place:

• “There is so much anxiety around the correct way to do things and a lot of pressure that the 2L is where “everyone” gets a job. It might be worth starting initiatives like a third-year “recruit buddy” you know you can text during in-firms and who will help you find the resources you need. We should also provide ongoing support to those who don’t find positions in the formal recruit.”

• “Need substantial work. They don't protect students—pressuring is inevitable and because we have the first choice card firms want you to play it constantly. Thank you emails should also be prohibited—let students sleep and then they will be rested for the important choice.”

• “This process is not as bad as some people make it seem. Just be yourself, get through it, and don't buy into all the noise, horror stories, and bad experiences that other people had because it's a very personal process.”

• “It is astonishing this is the product of regulation and not some massive free market failure.” • “I get the need for packing everything in a 3-day in-firm period but it causes a whole load of stress and exhaustion, [to] the point where it is damaging to some people's mental health.” • “How are they enforced?” • “They only barely help, but they are better than nothing.”

Are you satisfied with the outcome?

• “The process is terrible. It isn't set up to help firms or students get information or make the best choice. It seems like the process is only what it is because it's some rite of passage and everyone else has done it.” • “The whole recruitment process feels very archaic, like we're serfs who have to appease a lord with an offering of our best cow.” • “Sorry to everyone who saw me ugly-crying in the PATH on Wednesday morning!” • “People that were more qualified than me didn't get offers. I didn't get interviews/ offers from places that I think I was a great candidate for. It's all so random.”

• “Yes, but emotionally exhausted.”

• “TRUST YOUR GUT—If you feel uncomfortable somewhere, don't ignore it but think long and hard about whether a job is worth feeling like you can't be yourself around people who you will ultimately spend a lot of time with. Also, while I was successful in the process, I think its arbitrariness unfortunately leads many great candidates to fall through the cracks.”

The most common criticisms were using phone calls to schedule in-firms, the frenetic and lengthy nature of in-firm week, and the short turnaround to make a decision on offers. Many contrasted it with the New York process:

• “I don't have a job and I just wasted months of my life on stress I could have avoided by not participating at all.”

Remember to take care of yourself, and each other:

• “The fixed deadline/cooling off period just seems to make things worse. Making the offers open for 28 days like in NY would get rid of most of the pressure tactics used by firms and allow them to only recruit students they give an offer.”

• “I don't feel like I got a chance to demonstrate my skillset/ abilities. It feels like I didn't get a single in firm because I'm not as outgoing/charismatic as other students—not because I wouldn't be just as good at the job.”

What, if anything, would you change about the recruitment process?

• “The entire thing. The frenetic pace of this process serves no one and just drains students, leaving people to fall through the cracks without offers. The system needs a complete overhaul.” • “Give us longer to make a choice on an offer. Find more firms to do OCIs. This process is sadistic. I've never been more devastated over something so insignificant in my life.” • “Removing the wining and dining completely and just do interviews.”

Responses for this question were mostly polarized: • “I didn't get my first or second choice, but I'm very happy with my offer and decision.”

Some were more frustrated if anything:

• “Bruh [sic] I didn't get a job. I didn't even get an OCI at a firm I had worked for before I came to law school. How does that happen? Maybe everyone there lowkey hated me smh hahaha…Someone I know who had the exact same grades as me, similar extra curricular stuff, no networking, and a generic cover letter for each firm got 8 more OCI's than me (we applied to essentially the same firms, except I applied to government stuff )...He's a beauty so no hate or anything but yea wasn't expecting to only get 8 OCI's at private firms (the other 3 were government).”

• “They say this recruit isn't everything, but fellow students sure make it feel as though it is.” • “Please, look after yourself. This means looking after your well being during interviews (I would say 20 is the max for OCIs, and 5 is the max for in-firms), and also your future well being in the summer job. It’s better to not have an OCI offer than to be stuck doing something you don't like, in an environment you don't like.” And from a couple students that did not participate in the recruit: • “Looks like I dodged a clown fiesta.” • “Toronto recruit is cruel.”

16 | November 27, 2019

OPINIONS

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Animal Desires

The case for fostering animals and volunteering at shelters

TOM COLLINS (3L)

T HE AUTHOR WITH LUNA. PHOTO CREDIT: ALINA YU (2L)

I recently awoke to the sensation of a cat gently but insistently pawing my cheek. It was about 4:30 A M. I squinted at Luna in the dark stillness of my room. She chirped to conf irm that I was awake and ready to tend to her needs. Anyone who has had a cat has probably experienced some version of this sunrise ritual. It is only a minor annoyance. One endures it because the benef its of cat-ownership outweigh it. A lthough one may lose some sleep, one gains a soft, warm, comforting presence in one’s home. I was just petsitting Luna, but I agreed to do so for the same reason. I do not have any pets of my own. In that way, my Toronto life is very dif ferent from the one I knew growing up: my parents have four dogs, a cat, and two birds. Packs of stampeding dogs will always be too chaotic for me, but, someday, I would like to adopt cats—two, so that they could amuse each other when I am away. I have not yet followed that path because

it does not suit my current lifestyle—a lifeHaving said all of the above, I want to style that, as law students, many readers will clarify that I understand intimately the deshare. Nevertheless, many people in my amsire to have an animal. I understand this debit have begun bringing animals into their sire at its most superf icial: I am as susceptilives. This causes me concern, because I am ble to the cuteness of soft and f luffy animals not certain that these people realize the size as anyone. I also understand the desire at its of the responsibility they most profound. It often are taking on. feels as though our comFor one thing, animals animals complete If you are a pet owner, panion are expensive. It is not us. As cultural critic John unusual to spend $3,000 you owe a moral duty Berger so eloquently put it or $4,000 per year in care in his essay, “Why Look to your pet to for a cat or dog. For anat Animals”, a pet “offers accommodate its other thing, my life is still its owner a mirror to a in f lux. I have another seneeds; your pet cannot part that is never othermester in my current ref lected.” adapt the way you can. wise apartment, but who I would like to suggest knows what my living sitthat there are alternative uation will be after that? solutions to one’s need to I do know that I plan to do a little bit of travbe needed. Specif ically, becoming a foster elling while I still have that freedom. I parent and volunteering at one’s local shelwould not want to impose the necessarily inter are both excellent ways to channel one’s cidental stress on whatever companion anigood instinct to care into an essential public mals would otherwise be depending on me. service. Both options of fer nearly all of the

best aspects of pet ownership. Yet neither entails the long-term responsibilities and commitment that ownership demands. Fostering is a wonderful option for people who believe that they would like to have an animal’s presence in their home but who, for various reasons, cannot responsibly commit to ownership. Perhaps one enjoys travelling. Perhaps one simply suspects that one’s living situation is going to be volatile in the next decade or so (remember, animals live a long time!) As students and young professionals, most of us are going to be changing apartments, cities, and relationships. Navigating those upheavals while also having to accommodate an animal can greatly complicate things. I pause, here, to emphasize that, if you are a pet owner, you owe a moral duty to your pet to accommodate its needs; your pet cannot adapt the way you can. Fosters tend to be relatively short-term, making them ideal for people who cannot guarantee their availability as caregiver will extend indef initely. The animal lives

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with a foster for a few weeks or months, until it f inds its forever home. During that time, one gets the benef it of good company and the animal gets the benef it of a calmer environment than the shelter, in which it can build its conf idence and develop its social skills. Some people have told me that they shy away from fostering because they would struggle to let the animal go. I understand the feeling. Before moving to Toronto, my family and I fostered many animals—mostly cats and dogs. It was hard to let those new friends go to another family! That is why my parents ended up with so many animals— they ended up adopting them. In the rescue business, we call those (somewhat coldly) “failed fosters”. They are failures because they reduce the foster family’s availability in what is a limited network of volunteers. And that is really the point I want to underscore: there is so much need. Don’t withhold your love for fear that your heart might break. It will, but it will also heal. And you will have helped an animal get the chance to be loved for the rest of its life. Volunteering at one’s local shelter is another excellent way to satisfy one’s cravings for cuteness while performing a valuable service. Before coming to law school, I worked at the Montreal SPCA’s Annexe, a shelter for cats with special needs. Like most shelters, it was run on a shoestring budget. Yet, there was an unending parade of cats through its doors. We depended heavily on the generosity of a team of regular volunteers. They performed the essential task of socializing the cats, shepherding them towards adoption.

OPINIONS The volunteers also helped us with the less One cannot leave an animal alone for hours glamorous, but no less essential, tasks of on end: it will get bored, lonely, and sad. Not cleaning the cats’ beds, changing their litto mention hungry! This is especially true of ters, and washing their dishes. highly intelligent animals like parrots In other words, the volunteers undertook which, really, should not be pets at all. But I the responsibilities that one has as an ownassure you that any pet will become deer. I believe that anyone who intends to bepressed and unhealthy if it only gets, at best, come a pet owner should f irst volunteer to half an hour of attention per day. And your gain perspective. If one f inds oneself pet certainly will not respect you or listen to dreading having to go into the shelter your commands if you spend no time buildagain, when one has other things one would prefer doing than playing a rapport. Volunteering with the cats or ing situates one as a memwalking the dogs for an of a team—sort of an Volunteering situates ber hour or two, then that “it takes a village to raise should give one pause. one as a member of a a child” theory, except As a pet owner, one does the child is an animal. team—sort of an “it not have the option to takes a village to raise Together, you all pitch in shirk one’s responsibiliuntil a forever home presty. Pets are completely a child” theory, except ents itself. dependent on their ownthe child is an animal. Volunteering also ofers for all of their needs, fers an uncompromising including stimulation. perspective on the level Volunteering, like fosof need that there is for loving homes. tering, is a great way to get some muchThere are more animals for adoption than needed contact with furry friends without there are homes to take them. One of the needing to commit to years of care. When I reasons is that some people think it is acworked at the Annexe, many of our volunceptable to abandon their pets when caring teers were students and people on tempofor them becomes inconvenient. In those rary work visas. Other volunteers included unfortunate situations, shelters serve as a people who loved cats but whose partners safety net. Another reason is that some peowere too allergic to live with one; those volple think it is acceptable to buy animals unteers would just change their clothes from breeders. I believe that should be ilwhen they returned home. legal. For one thing, there are already too Volunteering is also particularly good for many domestic animals. For another, there people with demanding work schedules, is no such thing as an “ethical” breeder. A ll like law yers. This summer, I was usually breeding for commercial purposes leads to out of the house between 7:30 and 22:00.

November 27, 2019 | 17

needless and horrif ic suf fering. I have seen it f irst-hand on many occasions. Adopt, don’t shop. To conclude, I want to bring you back to the story I told at the beginning of this article—the one about Luna rousing me at 4:30 A M. It may sound cute—and it is—but Luna is one of the gentler culprits I have known. My late cat, Roly Poly, used to lumber up onto my bed around 2:30 A M every morning, place one hefty paw on my throat, and curl his claws into my jugular vein until he had my full attention. He would then blink slowly and begin purring, satisf ied that he had impressed upon me the urgency of his need to play with his Habs-themed, catnip-f illed mouse. And I had to comply. That was his play time. It was an integral part of his mental health. Pet ownership is like that. You are essentially expected to be a parent to a pre-verbal toddler. There is not a lot of room for compromise and you know that you have to be the bigger person, so to speak. I suspect that that is precisely why the idea of pet ownership is suddenly so appealing to my cohort. Many of us are tired of being students, but we are not ready to have children. So, we think, we w ill just get a pet to look after. I want to urge you to reconsider that impulse. Being a good pet owner means being a good parent. Foster ing and volunteer ing are more like opportunities to play the fun aunt or uncle. You love your cuddly companion, while you can, but you don’t lose your freedom completely. Most important ly, you g ive back. You help animals in need.

Don Cherry Fired for “You People” Rant Sour Grapes

ADRIENNE RALPH (1L)

Yes, Don Cherry’s comments were targeted at immigrants; yes, they were uncalled for; and yes, firing him was a good decision. For those who haven’t heard, Don Cherry was recently fired from his position as host of “Coach’s Corner”. Coach’s Corner is a sevenminute segment during the first intermission of “Hockey Night in Canada” broadcasts of NHL games. Cherry hosted that segment for 38 years, until November 9, when he ranted on air about “you people” that “come here” and don’t wear poppies for Remembrance Day. I have seen a shocking number of people recently in my newsfeed claiming that Cherry’s rant was a simple message to all Canadians— not just immigrants. However, even though the two words everyone seems to be focusing on are “you people”, the three that come after are equally as important—“that come here”. It is clear that his words were not intended for all viewers—they were specifically targeted at immigrants. The comments were particularly uncalled for in light of the fact that, according to Statistics Canada’s 2013 General Social Survey, immigrants are actually often found to be more patriotic than natural-born citizens. Other immigrants may not yet be aware of all of Canada’s traditions. Instead of going on an accusatory rant, Cherry could, just as easily, have made a polite note. He has been in the industry for decades; it’s not like he did not know any better. It is also ironic that the same free expression

rights that the high-school hockey bros on Twitter are claiming were violated here (side note: they were not, as most law students would know), and that veterans fought to protect, allow Canadians to choose whether to wear a poppy. Of course, that does not protect them from criticism for not wearing a poppy. However, a prime time hockey broadcast is not the appropriate place to voice that criticism. Don Cherry is not just an innocent victim of #CancelCulture; this was not a one-off slip-up. He has used his platform for similar rants many times in the past—once even calling people who believe in climate change “cuckaloos”. When people tune into a hockey broadcast—especially the kids he refers to paternalistically in his “all you kids out there” catchphrase—they are not there to hear an 85-year-old man go on about his problems with “you people” and “leftwing pinkos”. That is not to say that his opinions about hockey were not also questionable and outdated, but at least they were on topic. This is not an issue of people being “too sensitive these days”. It is an issue of the public not wanting to be insulted about their identity or political beliefs when watching a hockey broadcast. If Don Cherry wanted a platform to roast “left-wing kooks”, he really should have just started a podcast. Editor’s note: The day after this article was written, Don Cherry did start a podcast.

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Dear Denning

Advice on selling out and turning away the King of England LORD DENNING MR Dear Denning: I came to law school to be social justice litigator, but I got hired by BigLaw LLP in the 2L recruit! Am I a corporate sellout? - Elena Everywoman (2L)

Dear Elena, The facts are reasonably clear. In 2014, your father, a stockbroker, was minded to educate you. Your mother, a Bay Street lawyer, hoped you would go to Harvard. You failed to score well on your SATs. Your parents feigned excitement when you were admitted to McGill. Your parents agreed to enroll you in a programme called “Political Studies”. Together, you assumed it had something to do with democracy and diplomacy and the like. It was nothing of the sort. As soon as you entered school, you learned the entire programme was dedicated to studying “oppression”. Even though you had never before heard of “oppression” (let alone experienced it yourself), you decided you needed to end it. So your journey began. Social justice became central to your life. When you weren’t brunching or clubbing, you were fighting social injustices. So, you came to law school. You worked at DLS. You defended men accused of petty crimes. But then, you took a job at BigLaw LLP. You liked the office and the fine dinner they offered you.

The question of whether you sold out is one of some controversy amongst the judiciary. The old rule at common law was that barristers worked for prestige while solicitors worked for the common good. In Re Boringdispute (1960) 1 ER 2, Lord Reid said “My Lords, it seems to me that there is no greater service to the public than that of a solicitor. Mindlessly copy-pasting terms from a term sheet into a contract in a windowless office is an undeniable public good. Now let us quickly dispose of this appeal. The other Lords and barristers must make haste to our fancy party.” In Specter v New York Bar Association (2015), the Supreme Court of the United States took a different view. In a rare unanimous judgement, the court said, “It is incontrovertible that Mr. Specter, being the city’s best ‘closer’, has contributed immeasurably to serving the court—certainly more so than those nerdy corporate lawyers. The Bar Association’s 10,346 findings of unethical practice will be dismissed if Ms. Zane will agree to a date with Justice Samuel Alito.” Without reading any cases, I will assume the law of Canada is some mish-mash of the two positions. So, then, I am presented with two options on how to dispose of your case. I could engage in some contrived analysis to reconcile the cases and come to the result I intuitively wanted. Or I

could simply skip to the result I intuitively wanted without forcing the parties to engage with analysis so contrived. In the interest of justice, I think it best to do the latter. Elena, it seems to me that I do not know if you are a sellout. I do not understand the case law. I also do not care. Deal with your own problems.

Dear Denning: I am a current 1L at a well-known school in Toronto. When I first began at the school, I was greeted with a warm reception. Then things got colder. Then they got warm again. Then cold again. Then unbearably hot. The temperature control in the building appears to be lacking. Some days I arrive with a woolen sweater, only to be thrust into a humid room in the basement of the building. Other days, I am wearing a t-shirt in a frigid moot courtroom. What remedy would you suggest? Lukewarm Luke (2L) Dear Lukewarm Luke, As an esteemed jurist once said of the weather: “The poorest [person] may in [their] cottage bid defiance to all the forces of the Crown. It may be frail—its roof may shake—the wind may blow through it—the storm may enter—the rain may enter—but the King of England cannot enter—

all his force dares not cross the threshold of the ruined tenement.”1 It may be stated, as you alluded to, that the law school building may have certain inadequacies. The humidity rises wildly, the temperature falls sharply, rain mixes with tears of students. It may feel as though one has journeyed through the weather systems of the world. A truly internationally ranked experience. The appropriate remedy here is neither in equity nor law. The law school building is not a palace that exists to cater to the whims of each person who enters it. It is an institution which entitles each student privileged enough to be within it only two things: 1) training in the most esteemed professional to have ever graced the world and 2) protection from the King of England. If there comes a day where the King of England has finally found you within his grasp, 2 the Courts will be here to provide you with remedy. As for now, when it is a “bleak winter” in a chilly building, one must find their own remedy.3 Wear lots of layers and remove as needed for comfort. [1] Denning J in Southam v Smout [1964] 1 QB 308 at para 320. [2] Or, when one has the inevitable realisation of how inadequately they are trained.

[3] Denning LJ in George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803.

Rejected Letter Serving Tea on the School’s Cafe HONGHU WANG (3L) Dear Editors, While I enjoyed Ms. Gu’s article in the October 31, 2019 issue, we should not forget this fine institution’s former coffee house, Grounds of Appeal. While, yes, the coffee was objectively terrible and the operator served better coffee to inmates than students (though, really, what’s the difference when you’re stuck within the four corners of the former Bora Laskin Law Library for 24 hours a day), the name was so punny that Follies is still trying to revive it. [Editor’s note: they are not.] While it is alleged that the former operator treated their employees terribly and the Blue Dragon team is much nicer and more welcoming, this reader will miss the little nook of happiness and burnt coffee served out of a tiny counter in Flavelle. And if this school didn’t bend over backwards to attract more corporate donors (e.g. Goodmans), perhaps we could still have had Grounds of Appeal. Yours truly, Honghu Wang, former editor-in-chief P.S. Regarding last month’s issue, how dare you release this fine newspaper on a — gasp — Thursday and not a Wednesday! Truly nothing is sacred. GROUNDS OF APPEAL. PHOTO CREDIT: HONGHU WANG (2L)

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Ten Things to Say Instead of “First Choice” Listicles are easy to write, but the pressure to write ten entries is overwhelming DANIEL GAO (2L) So you've finished an in-firm and things are feeling good. You're on your way out when your host asks you, “so...is there anything you want to tell us?” You know that they are looking for those magic words: “first-choice.” Butou just aren't ready to commit. How do you get out of this situation? Don’t worry, here are ten options you can use in a pinch to save yourself: 1. Dramatically declare your love for your host. • Pros: you might get a dinner date. • Cons: you will probably not get an offer. You might get a restraining order, however. 2. Dramatically declare your love for the firm. • Pros: you might get an offer. • Cons: you will probably not get a dinner date.

3. Ask them if they have heard the Tragedy of Darth Plagueis the Wise. • Pros: you get a chance to tell the Tragedy of Darth Plagueis the Wise. • Cons: you will probably not get an offer and you will definitely not get a dinner date. 4. Give them your 'tell me about yourself ' speech. • Pros: you probably know it off by heart at this point. • Cons: your host also knows it off by heart at this point. 5. Tell them that their firm has made an excellent impression but there were a lot of highly qualified firms this year. As a result, you have the firm ranked fourth-highest on your list. • Pros: oh how the turntables.

• Cons: like Kevin's bowl of chili, you'll probably get dropped. 6. Groan, clutch your stomach, and complain that the food at another firm's dinner last night was not up to par since it was not served at the Shangri-La. • Pros: you show the firm that you have good taste in food. • Cons: you might have to fake going to the bathroom. 7. Fake a panic attack. • Pros: you'll get out of answering the question. • Cons: given the stress of in-firm week, this might well become a real panic attack. 8. Tell them you have a job in New York already and you're just here for the free food.

• Pros: you look like a total (bad)ass. • Cons: Tom Collins will call you out in UV. 9. Tell them how choosing a favourite firm reminds you of choosing your favourite course using the new (yet unquestionably terrible) system that is Cognomos and launch into a TEDx talk about its failings. • Pros: you can get the angst off your chest and if they have used Cognomos they will join in. • Cons: unless they have used Cognomos, they will think you are crazy. 10. Tell them they are in fact your first choice. • Pros: if you mean it and they mean it, this probably works out well for you. • Cons: if they are not actually your first choice, we wish you well in your LSO trial.

Intra Vires

Totally real news from around the law school TOM COLLINS (3L) AND RORY SMITH (3L)

Male lawyers beg for students to stop networking with them at urinals Male Bay Street lawyers are begging students to stop approaching them to network while they are using a urinal, after a sudden spike in incidents. Students have been reportedly violating the Urinal Code by occupying the urinals next to lawyers, even though there are other urinals open. “Please, at least wait until I’m washing my hands. Just not at the urinal,” urged one associate, who awkwardly avoided our gaze as we interviewed him in his firm’s washroom. Trial Advocacy descends into Chaos A melee nearly erupted in last week’s Trial Advocacy class as students and faculty nearly came to blows when it was revealed that a “contact gunshot wound” does not require any actual contact between gun and body.

The issue arose in the context of a mock life insurance case. Counsel to the plaintiff argued that it was unfair that the post-mortem report, on which the defendant insurer relied to deny coverage, indicated that the deceased had shot himself while pressing a loaded gun to his face. Seeing that the plaintiff had a losing case, faculty revealed that “contact” really just means “pretty close”. Counsel for the defendant “graciously” accepted this eleventh-hour change, on the condition that the plaintiff only be “pretty insured”. Physicists Fuming over New Definition of “Contact” Physicists are fuming over the new definition of “contact” which has threatened to undermine classical mechanics. The physicists warned that the new definition would render nonsense important scientific concepts such as “measurement and bridges.”

In retaliation, the physicists have adopted the legal definition of “theory”—revoking scientific stalwarts such as the theory of gravity and theory of evolution. Faculty Brings back Doggy Days to Sniff Out Dissent Doggy Days are back! On November 20, student and faculty doggo devotees descended on the law school with their canine companions. Their aim was to spread cheer and sniff out dissent among the student body. It is no secret that students have been increasingly critical of the Faculty over tuition costs and exam oversight. In an effort to identify dissidents, the Faculty has assembled a canine intelligence unit. This elite unit includes faculty dogs as well as student collaborators. The controversial program remains shrouded in a haze of mystery and dog breath, with many students left wondering: who is a good boy?

Divisional Court Strikes down Follies “Opt-In” Ticket Pricing Students are furious after the Divisional Court struck down Follies’ “Student-Pricing Initiative” that allowed students to opt-out of the ticket price. “Allowing students to opt-out of paying for Follies’ tickets furthered the objective of making law school accessible by lowering costs,” said one student with a maxed-out line of credit. “Students should be free to pay full price for Follies’ tickets or free to pay nothing and get a ticket anyways.” The directors insisted the Student-Pricing Initiative was a scrapped sketch idea that no one in their right mind could have taken seriously. However, the directors did sheepishly admit that faculty members were able to attend free of charge. Although, when pressed, the directors were unsure why any of them would.

20 | November 27, 2019

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RIGHTS REVIEW The International Human Rights Program at the University of Toronto Faculty of Law An independent student-led publication Editors-in-Chief: Julie Lowenstein (3L) and Emily Tsui (3L, JD/MGA) Senior Editors: Rachel Bryce (3L) and Maddy Torrie (3L) Graphics and Social Media Editor: Adil Munim (3L)

SPOTLIGHT ON WORKING GROUPS By Emily Tsui 3L JD/MGA, with contributions from Keith Garrett (2L), Cailyn Prins (2L), Andrea Das-Wieczorek (2L), Claire Phillips (2L) The International Human Rights Program (IHRP)’s Working Groups play a crucial role in increasing access to justice for vulnerable groups and spreading awareness on a range of global human rights issues. Each year, student volunteers at the Faculty of Law, in partnership with various organizations in Toronto and around the world, work on different projects to advance these causes.

leading public interest NGO in India, in conjunction with the O’Neill Institute for National and Global Health Law at Georgetown University Law Center. However, its content is supplemented by over 100 global partners, including NGOs, academics, private researchers, and university programs, including the IHRP’s working group on Advancing Global Health and Human Rights.

We are fortunate to have students working on four projects this year: Advancing Global Health and Human Rights, Sexual Orientation and Gender Identity Country-Conditions Reports, Women's Human Rights Resources, and Digital Verification Corps.

To be included on the database, the summarized case must relate to the right to health or the right to enjoy the highest attainable standard of physical and mental health without discrimination. For many volunteers, joining the working group on Advancing Global Health and

Human Rights is a great opportunity to develop legal research and writing skills. By asking volunteers to find cases related to health rights, it emphasizes that researching international case law can be incredibly challenging, depending on the state of judicial records in particular regions.

come access to justice barriers,” said Andrea Das-Wieczorek, one of the working group’s co-leaders. Once the cases have been summarized, the students tag each case using the unique system of health-related and human rights topics invoked in the case, making each summary readily catalogued on the database.

“We ask students to find the cases they wish to summarize partly because we want them to be interested in the health-related topic, but also to put them in the shoes of someone who wants to bring a legal claim against a state. It is often difficult to find cases exactly on point to particular issues, which emphasizes the need for a centralized, searchable database to help over-

Rights Review profiled the Digital Verification Corps in its September edition as part of its coverage of the summit in Hong Kong. We are pleased to present an end-of-semester update for the other working groups in this edition.

Advancing Global Health and Human Rights Partner Organization: Lawyers Collective, India Student Leaders: Andrea Das-Wieczorek (2L) and Claire Phillips (2L) Imagine you are a citizen in a country where you are unsure if you have access to healthcare. Imagine you want to challenge the state’s healthcare policies. Where would you turn?

Because health is a universal right, the cases that are included in the database often share many commonalities that transcend jurisdictions and highlight the intersectionality between different areas of law. For many lawyers, citizens, and academics seeking to learn more about health-related and human rights case law to support their own legal arguments, they search the Global Health and Human Rights Database, a free, comprehensive research database comprising of summaries of judicial decisions made by courts across international jurisdictions. The database is managed by Lawyers Collective, a HOME PAGE OF GLOBALHEALTHRIGHTS.ORG

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SEXUAL ORIENTATION AND GENDER IDENTITY COUNTRY-CONDITIONS REPORTS WORKING GROUP. PHOTO CREDIT: CAILYN PRINS (2L)

group. Last year I was particularly interested by a case concerning the pollution caused by a state-owned coal mine in Ukraine, denying the community’s access to a clean water supply. The court’s reasoning addressed water contamination, environmental concerns, and state obligations concerning health-related rights, and to me was an excellent example of the interdisciplinary concerns of this area of law,” said Claire Phillips, another of the group’s coleaders. “For me, the most interesting case I summarized last year was a constitutional challenge from Zambia of that country’s Mental Disorders Act, which essentially allowed families of people diagnosed with mental disorders to have them forcibly detained in dilapidated state-run hospitals, stripping them of many of their protected rights. Such legislation would not survive a section 1 analysis under the Oakes test, but in Zambia, in the absence of a robust judiciary, the court felt it needed to give deference to the government in drafting such legislation,” added Das-Wieczorek. This year, the student volunteers are summarizing a range of cases, including ones related to inhumane prison conditions, the right to refuse medical treatment, and access to therapeutic abortions. The Advancing Global Health and Human

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Rights Working Group is grateful for its members contributing case summaries to build the database this year: Sung An, Miina Balasubramaniam, Anson Cai, Elspeth Gibson, Andrew Gong, Elgar Gong, Bryan Hsu, Dylan Juschko, Katie Lawless, Zhen Lin, Flint Patterson, Ainslie Pierrynowski, Wendy Shin, Sofia Sugumar, Haris Yaqeen, and Bryan Yau.

Sexual Orientation and Gender Identity Country-Conditions Reports Partner Organization: Refugee Lawyers Association of Ontario Student Leaders: Cailyn Prins (2L), Daiana Kostova (2L), and Linda Yang (2L JD/MBA) The IHRP’s Sexual Orientation and Gender Identity (SOGI) Working Group was formed to address the persecution faced by sexual minorities around the world and has been in operation for over ten years. The group creates and periodically updates country-specific reports on the status of LGBTQ+ protections, as well as the overall treatment of LGBTQ+ peo-

ple in various countries. The national reports are intended to assist immigration and refugee lawyers when researching and compiling cases for individuals who seek refugee status in Canada. To date, the SOGI group has published reports pertaining to 42 different countries which have been downloaded thousands of times.

are Temi Ajibode, Lizzie Chen, Maija Fiorante, Asha Gordon, Logan Hale, Krishna Kilambi, Hannah Lank, Adrienne Ralph, Natalie Miller, Miah Nath, Min Oh, Julia Raupp de Sa Pimentel, Ryan Riemenschneider, Natasha Williams, and Chandrasekar Venkataraman.

The substance of the national reports goes beyond relevant legislative provisions to include Canadian jurisprudence, governmental and non-governmental reports and scholarship, as well as media accounts of how LGBTQ+ persons are viewed and treated in the jurisdiction. By conducting research across these different sources, SOGI members compile the information into reports which provide a more comprehensive vantage point from which to view discriminatory experiences of the LGBTQ+ community in a given country.

Women's Human Rights Resources

The group creates and periodically updates country-specific reports on the status of LGBTQ+ protections, as well as the overall treatment of LGBTQ+ people in various countries. This year, the SOGI group is working to create two new country reports as well as update two reports in light of recent circumstantial changes. Mexico and Brazil’s reports are being updated, while new reports are being created for Lebanon and India. The focus of this year’s reports is on countries which may not have explicitly discriminatory legislation but may nonetheless have discriminatory social climates. For example, India’s landmark Supreme Court decision last year deemed the criminalization of consensual same-sex relations unconstitutional, stating that “discrimination on the basis of sexuality amounts to a violation of fundamental rights.” However, it remains to be seen how this ruling will impact the experiences of LGBTQ+ people in the country, and SOGI seeks to compile information on treatment of individuals before and after this case. SOGI invites students of all years to sign up in September to conduct research for the academic year. Students gain exposure to human rights issues around the world while gaining invaluable skills in conducting international research. Our dedicated team members this year

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Partner Organization: Bora Laskin Law Library Student Leaders: Shreeya Handa (3L), Haley Puah (3L), and Keith Garrett (2L) Created in 1995, the Women’s Human Rights Resources (WHRR) database has become a crucial tool for human rights defenders across the globe who use it to access cutting-edge academic research that was previously confined to law libraries often inaccessible to women in the Global South. The WHRR database provides annotations for key United Nations documents and leading scholarly articles on a range of topics from economic globalization to reproductive rights to armed conflict. The WHRR database receives more than 15,000 hits per month, with diverse users from over 100 countries. Students participating in the group research, cite and annotate articles on topics concerning women’s legal rights. Participation in the group is an effective and rewarding way to develop legal research and writing skills outside of the classroom on important and interesting topics. The WHRR Working Group is grateful for its members contributing on the project this year: Manula Adhihetty, Rachel Allen, Safa Bajwa, Hannah Bourgeois, Vivian Cheng, Alexa Cheung, Jessica Commanda, Matthew Cunningham, Ifrah Farah, Karen (Xiaoying) Jia, Madison Kerr, Sabrina Sukhdeo, Vivienne Wu, and Lucy Yao.

The WHRR database provides annotations for key United Nations documents and leading scholarly articles on a range of topics from economic globalization to reproductive rights to armed conflict.

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IHRP ALUMNA PROFILE: INTERVIEW WITH ASHLEY MAJOR By Abdullah Khan (1L) Office–Criminal. I was lucky to work on many diverse files during this time. I worked extensively on a youth murder case, and was the student on R v Jarvis, a landmark judgment on voyeurism and privacy rights. After articling, I decided to study the Advanced LLM in International Criminal Law in Leiden, the Netherlands. I spent an amazing year learning from some of the top scholars in this field and attending hearings at the international tribunals. As I completed my thesis, my current role as a research associate at the IHRP was posted. I applied and was successful. Though I was sad to leave Europe, I knew I had to take such an amazing role.

I joined a panel of rockstar female lawyers who have built much of their career addressing sexual and genderbased violence in varying ways. RR: You have researched extensively on the Yazidi Genocide. Can you walk us through your findings?

ASHLEY MAJOR. PHOTO CREDIT: ABDULLAH KHAN (1L)

Content warning: this interview contains mentions of sexual violence and genocide. Ashley Major (‘17) is a William C. Graham Research Associate with the International Human Rights Program (IHRP). Rights Review (RR): How did you end up in law school? Ashley Major (AM): I am one of those people who always knew they wanted to attend law school. I had a very developed understanding of justice and injustice while growing up. I always wanted things to be fair. My mom likes to tell the story of me watching a courtroom scene as a five-year-old and loudly declaring, “I want to do THAT when I grow up!”

ing expenses would be my own. I applied for every scholarship I could during high school, and eventually obtained a Bachelor of Arts in Human Justice from the University of Regina. I then worked 2–3 jobs at a time over the next couple of years to save for law school. I used to bring my LSAT book with me to work. I would pull it out and do a couple of questions at a time when the tables at my waitressing job were quiet, or when I was working overnights at a women’s shelter. My coworkers used to laugh at me carrying this shabby book around everywhere, but it paid off! I ultimately chose to attend U of T for law school.

I used every opportunity to volunteer and complete hands-on work, and I credit that with making law school a really positive experience for me.

When I was actually old enough to understand what being a lawyer entailed, I did not waver from my kindergarten dream. But I knew it was going to be difficult. I did not know any lawyers. My parents did not have the funds to support my sisters and me past the age of 18. So I knew that once I left my family farm, all of my university and liv-

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RR: What were your main interests at law school?

AM: I arguably went a little overboard with my commitments in law school, but I couldn’t help myself. I suddenly had access to organizations and networks that I never had back home in Saskatchewan. My lifelong passion has always been work relating to domestic and sexual violence. I seized every opportunity relating to these

issues in law school. I volunteered with sex workers through Pro Bono Students Canada. I conducted research for the IHRP’s Women’s Rights Working Group and for the Asper Centre. I was Co-Chair of both the Women and the Law Committee and the Law Students for Social Change Committee. I discovered at exam time in 1L that I had put far more energy into my extracurriculars than I had into my law classes! But I am glad I took advantage of so many opportunities to gain legal knowledge outside of the classroom. In addition to my volunteer activities, I completed a year-long externship at the Barbra Schlifer Clinic, working on the immigration and family law files of women who had experienced intimate partner violence. I completed a summer internship at Human Rights Watch (Women’s Rights Division) in New York. I went on exchange to Amsterdam and took a course that brought me to the international tribunals. I mooted in the Walsh Family Law Moot, and then coached the U of T team the following year. I used every opportunity to volunteer and complete hands-on work, and I credit that with making law school a really positive experience for me. RR: Can you walk us through your path after law school? AM: After law school, I articled at the Ministry of the Attorney General, Crown Law

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AM: I wrote my LLM thesis under the renowned genocide scholar, William Schabas. I wanted to approach my thesis like a prosecutor, finding evidence to support my belief that a genocide had occurred. Professor Schabas instead required that I argue both for and against the finding of genocide. This was really difficult for me to do. It honestly pained me to put some of the arguments down in writing. However, I know this exercise helped me to become a better lawyer. Genocide is one of the most difficult crimes to prove. One must prove the actus reus (at least one of the five prohibited acts must have occurred), the general intent to commit that particular act, and the specific intent to destroy a group in whole or in part through that act. Specific intent, though often inferred through the actions of the state/ armed group as a whole, must be held by the individuals. As with most genocides, there is no doubt that genocidal acts had been committed against the Yazidis. The acts of killing, transporting children away from the group, and inflicting mental and bodily harm through rape and torture, etc., all fell under the Genocide Convention. There was also no doubt that these acts had been committed on purpose, not accidentally. So the issue comes down to whether one could prove that an individual had the specific intent to destroy the Yazidis in whole or in part. There is evidence to support a finding of specific intent. ISIS members published magazines outlining why the Yazidis should not exist. They posted videos and made statements claiming they were going to destroy the Yazidis. The sophisticated nature of their attacks and the elaborate structure of the sexual slavery system they imposed

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suggests that the group as a whole had a genocidal policy. This policy appears to have been supported by the individuals in the group. But, some have argued that the fact that many Yazidis were “allowed” to live if they converted to Islam essentially militated against a finding of the intent to destroy them. Similarly, the women were largely left alive, unlike in the Holocaust and Rwanda. Ultimately, the argument boils down to an understanding of what “destruction” entails. Personally, it seems to me that if someone eradicates the very facet of a group’s identity by forcing individuals to either renounce their religion or be killed, then they intend to destroy a religious group in whole or in part. And the choice to keep women enslaved rather than killing them, because the women are worth more alive than dead to the group for sexual or economic reasons, should not preclude a finding of the intent to destroy. But the reality is that jurisprudence has largely (though not completely) adhered to biological and physical considerations of destruction, rather than cultural. And though there is no minimum number of individuals who must be killed to be considered genocide, smaller-scale massacres have typically been labeled as crimes against humanity rather than genocide. I was particularly determined to argue that sexual violence was committed with the intent to destroy the group. Rape has been recognized as falling under the acts of genocide. An individual can commit rape

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with genocidal intent. In many ways, the sexual slavery enacted upon Yazidi women has destroyed the social fabric of the group. Yazidi women might be physically or psychologically unable to procreate. Many have been forced to give birth to children who are considered to be ethnically different from the group. I would argue that these women were separated from Yazidi men and held as sexual slaves in order to prevent births within the Yazidi group, in addition to the clear sexual and economic motives. This not only amounts to intent to commit cultural destruction, but also biological destruction. Unfortunately, it appears that when sexual violence is the primary act perpetuated against a group and killings are secondary, the label of genocide is not used. More than anything, this thesis has demonstrated to me how women are often the forgotten and neglected victims of international crimes.

overseeing the work product for the IHRP’s Media Freedoms course [LAW549H1F])! RR: Can you tell us a bit about the projects you’re working on with the IHRP (particularly on domestic genderbased violence)? AM: I am currently working with Human Rights Watch on a global campaign against the shackling of individuals with mental health conditions. I also recently completed written submissions to the United Nations Human Rights Committee on the Elmi file, a deportation case involving a former Crown ward. In the coming months, I will be moving forward with a few initiatives regarding gender-based violence. I have guest lectured two classes in the Media Freedoms course I mentioned, taught by my colleague Vincent Wong. I am dedicating one of my courses to examining sexual violence perpetuated against journalists, particularly women. On November 26th, the IHRP hosted an event on Feminist Lawyering. I joined a panel of rockstar female lawyers who have built much of their career addressing sexual and gender-based violence in varying ways. In the winter semester, the IHRP will screen a film that examines the fatal

If you work in this field, you will read about, see images of, or personally witness the fallout from human cruelty. It’s important to take care of yourself first, because you will not be any help to anyone if you burn out.

There is hope, however, as genocide trials of ISIS members are starting to emerge. I am following the upcoming genocide prosecution in Germany of ISIS member Taha A.-J. with bated breath. I am excited that Amal Clooney is one of the lawyers taking this one on (in addition to all of her phenomenal work

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November 27, 2019 | 23

consequences for women when abortions are either deemed illegal or are actively denied due to the personal beliefs of doctors. I am also going to be co-teaching the IHRP clinic course next semester [LAW548H1S], and I am in the early stages of developing a project on sexual violence and international law. Stay tuned! And join the course! RR: What are some skills that you think are important for a successful career in human rights or research work? AM: I think it is really important to learn the art of self-care. Vicarious trauma is real. I spent months reading about gang rape in war, and found myself feeling angry and stressed all of the time. It took a while to recover from that. If you work in this field, you will read about, see images of, or personally witness the fallout from human cruelty. It’s important to take care of yourself first, because you will not be any help to anyone if you burn out. You should also develop your networking skills. This field functions largely on personal support and recommendations, so it is important to foster relationships. You are going to have to hustle a bit more to find work in this field, particularly in Canada. Find strong mentors, and when the opportunity arises, pay their help forward. Also, learn languages. If you were fortunate enough to grow up around French, maintain it. I cannot stress enough how important it is to know multiple languages.

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Preparing for the Recruit Special Edition Student input requested! RORY SMITH (3L) Ultra Vires is once again gearing up for its Recruit Special Edition. And we’re looking for input on how to conduct this year’s coverage. A longside the data of how many students each f irm hired, the centerpiece of the recruit special is the extensive survey f illed out by 2L students. The questions include detailed demographic questions to shed more insight on the composition of the 2L class (complementing the entry data compiled by admissions) as well as recruit-specif ic questions such as the number of applications sent out, of fers received, 1L grades, etc. If you have any burning questions about the 2L recruit that you would like answered or any ideas on what you would like to see in the upcoming Recruit Special, please email editor@ultravires.ca. For example, previous articles have focused on the impact of 1L grades on recruit success, correlations between success in the dif ferent 1L classes, and recommendations for future students undergoing the recruit. For other examples of typical Recruit Special coverage, you can access prior Recruit Specials (as far back as 2014) at ultravires.ca under the “Special Features” tab. In previous years, the demographic and recruit questions have been aggregated into one omnibus anonymous survey. This allowed for statistical analysis showing whether any demographic factors were predictive of recruit success. However, historically, the only signif icant predictive factors have been 1L GPA and being in the JD/MBA program. (And even then, these factors were associated only with

OCI success, not with recruit success. See last year’s article “Factors Associated with 1L Grades and Recruit Success: Nothing predicts anything” for more details). Crucially, none of the demographic factors have shown any signif icant correlation over several years of data. On the f lip side, combining the two sets of questions reduced students’ privacy and potentially allowed their 1L grades and recruit success to be linked to their personal identity - especially for those students with distinctive demographic prof iles. While U V tries its best to eliminate the chances of any given student being identif ied (the precautions will be the subject of an entire forthcoming article) there is always the risk that a student’s responses could be traced back to them personally. Given the sensitive nature of some of the questions asked, this risk could understandably cause some students to decline to answer certain questions (or decline to f ill out the survey entirely). Because we want the survey to honestly ref lect students’ experience with the recruit, this year, U V is planning to separate the demographic and recruit surveys. The demographic survey will contain detailed questions about age, sex, race, income, debt, etc. The recruit survey will ask about 1L grades, extracurriculars, applications, OCIs, inf irms, etc. If you have any thoughts on the change, please contact us at editor@ultravires.ca. Ultimately, we are only as good as the data we collect, and we can only collect the right data if we know which questions to ask. Please help us make this Recruit Special the best one yet.