ULTRAVIRES.CA
October 28, 2021
VOL. 23 ISS. 2
THE INDEPENDENT STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW
Bay Street Firms Increase First-Year Associate Salary to $130,000 Lock-step changes across the Toronto associate compensation grid ANNECY PANG (3L)
LAW STUDENTS AT THE FIRST CALL TO THE BAR EVENT OF THE YEAR ON OCTOBER 1, 2021. CREDIT: THOMAS ALEXANDER
The Short-Lived Return of Call to the Bar Call to the Bar has been paused in light of COVID-19 concerns and booking difficulties HYE-SEON JUNG (1L) A fter a year and a half of being v irtual, the Students’ Law Societ y (SLS) announced the return of Call to the Bar (CTTB) —a week ly event hosted on Thursdays where law students f lock to a bar to celebrate getting through another week of law school. Approximately 300 students headed to Fox on John on Friday, October 1. The SLS rescheduled the event due to an oversight in orig inally planning the event for September 30, other w ise known as Orange Shirt Day and the f irst National Day for Truth and Reconciliation. Students were adv ised to arrive before 9 p.m. to ensure entr y into the event. Rebecca X ie (3L) who arrived before 9 p.m. noted that it was easy to enter the venue
as ver y few people were in attendance at that time. Due to capacit y limitations and lack of planning for a staggered entr y, a sudden f lux of students arrived at the event shortly after 9 p.m., causing many to be frustrated by long lines and wait times. Many students, including X ie’s friends, opted to leave the line and go to a dif ferent bar. X ie expressed her disappointment w ith the event. “I haven’t been to any CTTB in the past years. I only came this time due to [the COV I D -19 pandemic] increasing my desire to meet new people. So I was disappointed when that wasn’t really possible because it was too loud and crowded to properly talk to people,” said X ie.
Tif fany Zhan (1L) echoed X ie’s sentiments. As a 1L , she hoped to meet other students at CTTB. However, she expressed that the event was not optimal for socializing because of its “club-esque” venue, the music’s high volume, and general crowdedness. SLS Vice-President Social, Thr yn Irw in (3L) emphasized the dif f iculties of planning a bar night event during an ongoing pandemic. She explained that “ f inding a venue that could host us was ver y challeng ing as bars were refusing to take reser vations, wouldn’t respond, had too small of a capacit y, or required ver y large deposits and/or minimum spending amounts to reser ve space.”
ALSO IN THIS ISSUE NEW YORK SUMMER 2022 RECRUITMENT RESULTS PAGE 5
RIGHTS REVIEW PAGE 17
Continued on Page 4
On September 8, Cassels Brock & Blackwell L L P announced increases to its Toronto associate compensation grid. The f irst year associate salar y at Cassels is now up from $110,000 to $130,000, w ith corresponding increases for more senior associates. The changes came into ef fect on October 1. In a comment to Ultra Vires, the f irm explained that the salar y increases “ref lect our appreciation of associates’ work and contribution to the f irm’s ongoing success.” Tor ys L L P and Dentons Canada L L P also adjusted their compensation for associates at all levels, w ith raises for f irst year associates to $130,000. Norton Rose Fulbright Canada L L P also conf irmed to U V that the f irm increased salaries for associates “[i]n recognition of the heightened demands on associates during a sustained period of business and legal activ it y.” Most Bay Street f irms paid its f irst year associates $110,000. Dav ies Ward Phillips & Vineberg L L P and Bennett Jones L L P led the pack at $135,000 and $130,000, respectively. With the recent salar y increase, several f irms now match Bennett Jones’ rate. W hen asked to comment, Bennett Jones indicated that it “[ has] not yet made any salar y changes and are currently sur vey ing the market before mak ing any further decisions.” No decisions have been made yet at McMillan L L P or A ird & Berlis L L P. McMillan is currently rev iew ing its associate salaries nationally and remains committed to remaining competitive in the market. A ird & Berlis is similarly in the midst of its annual rev iew of associate salaries, commenting, “[ We] are committed to being market competitive and w ill announce any changes to our associate salar y grid in the coming weeks.” Stikeman Elliot L L P declined to comment at this time. Several f irms did not respond to our request for comment at the time of publication. The prof iles on the NA L P Canadian Director y of Legal Employers have yet to be updated w ith these changes. Editor’s Note: T his story is developing and we will update the article online if and when f irms respond to our requests for comment.
A VICTORY FOR ACADEMIC FREEDOM? PAGE 21
2 | October 28, 2021
ultravires.ca
UV INDEX 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 reflect the views of the Editorial Board. We print six issues per year. Ultra Vires is printed by Master Web Inc. EDITORS-IN-CHIEF Sabrina Macklai & Annecy Pang
RIGHTS REVIEW
NEWS
A Message from the Editorial Board
17
Reflections on the SASLAW Fellowship
17 18
The Short-Lived Return of Call to the Bar
1
A Summer at the World Bank’s Integrity Vice Presidency
Bay Street Firms Increase First-Year Associate Salary to $130,000
1
A Summer with AIDS-Free World
19
A Summer at Gavi, the Vaccine Alliance
19
Diversifying Student Representation on the Admissions Committee
3
University Holds Final UMLAP Consultation Town Hall
3
New Initatives to Tackle Racial Injustice and Discrimination
4
First Faculty Council Discusses Governing Documents
4
FEATURES
OPINIONS The 2L Recruit: Not the Be-All and End-All
20
How Do You Become a Functioning Human After COVID?
20
A Victory for Academic Freedom?
21
Raising the Bar: A Review of Family Law
21
BUSINESS MANAGER Griff in Murphy
New York Summer 2022 Recruitment Results
5
An Open Letter to the Students Barely Holding it Together
22
NEWS EDITOR Tom Russell
Number of In-Firm Interviews Associated with Employment Success
6
The Cost of Becoming
23
The National Day of Truth and Reconciliation at U of T Law
6
Another Plea for Recorded Lectures
23 24
Tips for Navigating a Recruit
7
The Problem with University Mental Health Crisis Management
FEATURES EDITORS Natasha Burman & Rebecca Rosenberg
Minor League Baseball's History and Future
8
Tread Lightly into Fall with Our Favourite Light Reds!
9
ASSOCIATE FEATURES EDITORS Jeffrey Liu & Hye-seon Jung
Jury Selection New and Confused
10
Ryan’s Movie Corner
11
Spooktacular Movies
12
Better than Takeout Risotto
12
Asper Centre Comes out with a New Podcast Series
13
One Year Later: U of T Law Comes Back to Life
14
End of Season Ice Cream Roundup
16
ASSOCIATE NEWS EDITORS Nicolas Williams & Aliya Hemani
OPINIONS EDITOR Mithushan Kirubananthan ASSOCIATE OPINIONS EDITORS Vivienne Stern & Stephen Mapplebeck DIVERSIONS EDITOR Harry Myles
DIVERSIONS Halloween Campfi re Stories for the Law Student
25
Ultra Vires Presents: A Spooktacular Playlist
25
Top 10 Disaster Moments During OCIs
26
Intra Vires
26
Ultra Vires Presents: Autumn Vibes
26
A Fall Starter Pack
27
A Guide to the Best Halloween Party
28
OCI Bingo: Virtual Recruit Edition
28
ASSOCIATE DIVERSIONS EDITOR Fievel Lim RECRUIT EDITOR Angela Feng RECRUIT REPORTER Hussein E. E. Fawzy PRODUCTION COORDINATOR Jennifer Sun PHOTOGRAPHERS Jacqueline Huang, Shae Rothery, & Thomas Alexander
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EDITORS' NOTE Happy spooky season, U of T Law! From scares at the recent Call to the Bar events, OCI disaster moments, and the shortest Facult y Council meeting, like, ever, this month has been nothing short of spooky. In this issue, you w ill f ind this and more as we delve into the middle of the semester and the return of colder weather. A s always, if you have any comments on this issue or stor ies to pitch, you can reach us at editor@ultrav ires.ca. Here’s hoping your Halloween is f illed w ith more treats than tr icks! Sabrina Macklai & Annecy Pang Co-Editors-in-Chief, Ultra Vires
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NEWS
October 28, 2021 | 3
Diversifying Student Representation on the Admissions Committee Students’ Law Society to fill additional student positions on committee NANCY CHEN (1L) For the f irst time, the Facult y of Law asked the Students’ Law Societ y (SLS) for students from histor ically underrepresented backgrounds to sit on the Admissions Committee. In prev ious years, these positions were appointed by the Dean’s of f ice. But w ith advocacy ef forts from the SLS for more diverse student representation in the admissions process, the Dean’s Of f ice has delegated this task to the SLS for the upcoming cycle. The Admissions Committee is cochaired by Professor Benjamin A lar ie and Professor Adr iana Robertson. It is made up of the A ssistant Dean, J D Program, facult y members, appointed 3L students, staf f, and elected members of the Student L ife and
Academic Committee (SL AC). They are tasked w ith rev iew ing the personal statements, sketches, and optional essays of applicants to identify indiv iduals who can enr ich the law school communit y through their diverse backgrounds and exper iences. In a comment to Ultra Vires, Dean Jutta Brunnée explained that f ive additional 3L students are appointed ever y year to the Admissions Committee to help div ide the work load of rev iew ing the applications over a larger number of people. These f ive students were prev iously selected and personally inv ited by the Dean’s Of f ice; however, this year, Dean Brunnée asked the SLS for their recommendations.
Recognizing the importance of hav ing a diverse readership for the fair assessment of applications, the SLS began advocating for the inclusion of additional students from underrepresented communities in early 2020 to former Dean Edward Iacobucci. In their ef forts, the SLS emphasized that these unique perspectives on the committee w ill ensure that the broad range of pr ior work, volunteer, and extracurr icular exper iences of applicants w ill be fully appreciated and considered, contr ibuting to the holistic nature of the U of T Law admissions process. “Diversit y on the Admissions Committee in assessing these statements helps continue to dismant le the notion that only a certain t y pe of person, w ith a certain t y pe of
background, would excel in the legal profession,” the SLS stated in a comment to Ultra Vires. The students the SLS recommended “are leaders in the larger law communit y and in their own communities, who demonstrated cultural competence/sensitiv it y and passion for promoting equit y, diversit y, and inclusion at the law school.” Applicants for these seats were required to wr ite a 20 0 -word statement detailing their interest in the position. Only graduating J D students were elig ible to apply. Applications were rev iewed by the SL AC executives, including the President, V P Academic, and V P Student L ife, as well as the SL AC -side Equit y Of f icer. Going forward, this ad hoc application process w ill be rev iewed by the SLS.
University Holds Final UMLAP Consultation Town Hall Recap of the final town hall for students to provide feedback about the mandated leave of absence policy HARRY MYLES (2L) On October 5, 2021, t he Un iversit y of Toronto held its f ina l tow n ha l l consu ltat ion on t he Un iversit y Mandated L eave of Absence Pol icy ( U M L A P). A s d iscussed in t he September issue of U ltra V ires, U ML A P a l lows t he Un iversit y to place a st udent on an involuntar y leave of absence when a st udent ex per iencing a menta l hea lt h cr isis “poses a r isk of har m to sel f or ot hers” or where a st udent is “unable to engage in t he essent ia l act iv it ies required to pursue an educat ion.” T he pol icy is enacted as a last resor t after ot her accommo dat ions have been attempted or refused. U M L A P has been met by w idespread cr it icism from st udents and facu lt y of t he t hree Un iversit y campuses for being d iscr im inator y towards t hose w it h menta l i l lness, coercive, and pun it ive. A s specif ied in t he Pol icy, U M L A P is under rev iew t h is year and t he Un iversit y has been host ing v ir t ua l tow n ha l ls and accept ing feedback on l ine. T he rev iew is being conducted by Pro fessor Dona ld A insl ie and A ssistant Dean
of St udent Success and Career Suppor t Varsha Patel. On October 5, 30 people reg istered for t he f ina l tow n ha l l and pro v ided t heir feedback. One st udent emphasized t he “opacit y ” of t he Un iversit y’s ap proach to menta l hea lt h ser v ices and t he need to “t r udge t hrough [...] bureaucracy ” in order to receive proper accommo dat ions. Moreover, t he st udent sa id it is shamefu l t hat t he Un iversit y wa its for st udents to ex per ience d ire menta l hea lt h cr ises before prov id ing extensive suppor t. I n response, Professor A insl ie emphasized t hat U M L A P has been used on average 4. 5 t imes a year and t hat it is on ly t he last resor t or opt ion “Z .” However, at anot her point in t he tow n ha l l, Professor A insl ie ad m itted t hat t he Un iversit y needs to work on improv ing opt ions “A to Z” in order to better suppor t st udents. L ater in t he tow n ha l l, Professor A insl ie a lso pointed out t he Un iversit y is not funded as a hea lt hcare inst it ut ion and so it is a ba lance bet ween what menta l hea lt h ser v ices are prov ided by publ ic hea lt h and
what are prov ided by educat iona l inst it ut ions. T h is comment was in response to a quest ion about t he Un iversit y’s role in t he persona l and med ica l l ives of its st udents and whet her t he Un iversit y intends to develop comprehensive menta l hea lt h care infrast r uct ure. Members from t he Scarborough Campus St udents’ Un ion (SC SU ) asked whet her infor mat ion from prev ious meet ings related to t he U M L A P rev iew wou ld be publ ished. Professor A insl ie responded t hat t he mater ia l wou ld be “summar ized,” and cla imed t hat, dur ing cer ta in meetings, m inutes were not ta ken w it h t he intent for a l l infor mat ion to be made publ ic. T he SC SU l i kew ise emphasized t hat st udents are d issat isf ied w it h t he number of U M L A P consu ltat ions ta k ing place and some w ish for t he rev iew to be extended. Related to t h is, t he SC SU asked whet her t he Un iversit y w i l l prov ide resources to st udent un ions so t hey can better consu lt w it h t heir st udents about U M L A P. I n response, Professor A insl ie stated t hat t hey
have held many consu ltat ions w it h st udents and not if ied st udents t hrough a l l of t he standard commun icat ion channels, includ ing by infor m ing st udent un ions of tow n ha l l dates. He a lso ex pressed t hat t he Un iversit y prov id ing resources to st udent un ions to conduct t heir ow n consu ltat ions wou ld be aga inst t he “sel f-funded nat ure” of st udent un ions. I n t he end, Professor A insl ie ind icated uncer ta int y about what more consu ltat ions wou ld “g ive” t he rev iew team. T hroughout t he tow n ha l l, spea kers emphasized t he need for g reater t ransparency regard ing t he Un iversit y’s menta l hea lt h resources and t he need for t hese resources to be vast ly improved. Professor A insl ie f ielded each of t hese comments w it h a response recog n izing t he need for improvement, but d id not comm it to tang ible improvements. Editor’s Note: Har r y Myles i s a me mber of the Universit y of Toronto L aw Union ( U T LU ) Steer ing Committee .
NEWS
4 | October 28, 2021
ultravires.ca
New School Initiatives to Tackle Racial Injustice and Discrimination U of T Law introduces a series of educational workshops on antiracism, anti-Semitism, and anti-Islamophobia NICOLAS WILLIAMS (1L) AND REBECCA ROSENBERG (2L) On September 29, U of T Law’s Dean Jutta Brunnée announced that the Facult y would be of fer ing a slate of educational workshops on dif ferent equit y groups. These workshops are mandator y for all 1L students and optional for upper-year students. In introducing these sessions, Dean Brunnée referred to sentiments expressed in her welcome back letter to students, staf f, and facult y. Her letter cited the many challenges on other fronts we have w itnessed in the past year and the “endless stream of injustices, conf licts and cr ises.” She highlighted the role that law schools and law yers can play in “dismant ling systems of institutionalized racism in our societ y.” The f irst 1L workshop took place on October 1 and focused on anti-racism and cr itical race theor y (CRT ) in the law. The morning session prov ided a detailed over-
v iew of key concepts under the CRT framework and anti-racism theor ies while examining their implications in legal practice. In the afternoon session, 1L s were joined by representatives from Hill Studio for a more collaborative discussion on developing communit y spaces that support students’ intersectional identities. Mandator y training sessions on anti-Islamophobia and anti- Semitism for 1L s have been scheduled for October 22 and 29, respectively. Separate sessions on the same topics were optional for upper-year students. On why upper years were not mandated to attend, Acting A ssistant Dean Br ittany Tw iss said in a comment for Ultra Vires that “ for the past 10 years, we have prov ided mandator y anti-oppression training to incoming 1L students. The goal is to ensure that all incoming students have a similar basic understanding of power, pr iv ilege, and op-
pression in our societ y. However, we need to balance this goal w ith research that shows that mandator y anti-oppression training can often have a negative impact and actually do harm to the goals of further ing EDI commitments.” Acting A ssistant Dean Tw iss added that the “partners at the Universit y’s A nti-Racism and Cultural Diversit y Of f ice adv ised [the Facult y] to not mandate attendance beyond the f irst year.” Before the workshops on anti-Islamophobia and anti- Semitism took place, the administration held consultations w ith Muslim and Jew ish students at the school. The pre-consultations were intended to allow students identify ing as either of these two equit y-facing groups to share their perspectives and ideas on what mater ial they would like to see incor porated in the training sessions. The anti-Islamophobia pre-consultation
was facilitated by Aasiyah K han, former U of T research assistant and education programs manager at the National Council of Canadian Muslims. Former Campus Rabbi of Hillel U of T and Director of Innovation Training and Curr iculum at Clal Rabbi Julia Appel led the pre-consultations on anti- Semitism. The Facult y also plans to introduce workshops on Indigeneit y and anti-Indigenous racism in the near future. It is unclear if this year’s workshop model w ill be adopted in future years. Acting A ssistant Dean Tw iss shared that the law school w ill “rev iew the success of this initiative and make decisions as to what extent [it] w ill continue this particular model, and/or incor porate aspects of it, into future initiatives.” Nonetheless, the school has maintained that anti-oppression training w ill continue to be an important part of the exper iences of U of T Law students.
First Faculty Council of Academic Year Discusses Governing Documents Dean Brunnée outlines equity initiatives ANNECY PANG (3L) On October 6, the Facult y Council met for the f irst time in the 2021-2022 academic year. Dean Jutta Brunnée welcomed the new students to the Facult y, emphasizing the diversit y of the 1L class and the accomplishments of the graduate students. She thanked the administrative team for making the Facult y’s return to in-person classes possible. Dean Brunnée congratulated the Moot Court Committee, A ssistant Dean Sara Fahert y, and the four grand mooters for an excellent Grand Moot. It featured an engaged bench and was a fantastic launch into the new semester. She also highlighted two new additions to the Facult y: Justice Rosalie Abella’s librar y collection and the four new cedar planters on the south side of the Jackman Law Building. The cedars are
the groundwork for an Indigenous medicine garden in the spr ing. She also prov ided an over v iew of how the Facult y is work ing to cultivate a climate of “welcoming and belong ing” for all. In addition to student workshops on anti- Semitism and Islamophobia, the Facult y is recruiting a new A ssistant Dean of Equit y, Diversit y, and Inclusion. The Curr iculum Committee is tasked w ith developing recommendations concerning a mandator y course on Indigenous people and the law. The Facult y is also look ing to f ill up to four facult y positions this fall, including one in Indigenous law. Students’ Law Societ y (SLS) President Willem Cr ispin-Frei (3L) also welcomed the new students to the Facult y. He thanked the organizers for putting togeth-
er an excellent or ientation and upper-year welcome back, as well as the Facult y for the support (and free pizza). Cr ispin-Frei emphasized that over the course of the COVI D -19 pandemic, mental health was a pr ior it y for students. He hopes to work w ith the Facult y to ensure easy access to accommodations. A ssociate Dean Chr istopher Essert motioned to establish a Governing Documents Rev ision Committee to explore the process of creating a formal wr itten constitution and associated set of by-laws for Facult y Council. He anticipated that this year, the new committee would research what the Facult y Council’s unwr itten constitution contains and what unwr itten practices it follows. Next year, the committee would put its f indings, w ith some rev isions, into a
wr itten form. Branden Cave (3L) highlighted that the SLS’ motivation to establish a wr itten constitution for Facult y Council is clar it y. Facult y Council is the sole venue where students and facult y members can deliberate and discuss matters pertaining to the Facult y. SLS w ishes to enhance the venue as a democratic process and to remove instances of procedural confusion. The Facult y Council is the governing body of the law school and makes policy decisions, usually on recommendations from special and standing committees. Editor’s Note: Annecy Pang is an ex-of f icio member of the Equity, Diversity, and Inclusion Committee and is a member of the Admissions Committee, both of which present their reports to Faculty Council .
The Short-Lived Return of Call to the Bar Continued She elaborated that before the pandemic, CTTB did not require extensive planning nor using student fees for large deposits to reser ve spaces. Therefore, annual student funds in the SLS budget were not allocated for these pur poses. Due to these dif f iculties, the SLS had a sub-committee dedicated to planning CTTB and contacted dozens of venues in hopes of mak ing the event possible. The return of CTTB was short-lived, however. The SLS announced on October 10 that future CTTBs w ill be paused in
light of a student who was at Fox on John on October 1 and tested positive for CO V I D -19 a week follow ing the event. X ie, who was relieved after testing negative follow ing her attendance at CTTB, was disappointed to f ind “some people seemingly prioritizing future social events over people’s health and safet y.” In a statement to Ultra Vires, Ir w in conf irmed that “[t]he SLS has paused future Call to the Bar events.” The rationale for the decision was “the unpredictabilit y and stringency of Universit y policies and
requirements which have continued to change over the course of the semester, often on a week-to-week basis.” She further noted it became dif f icult to adhere to policies including: obtaining “a venue that is secured and private, [f illing out forms] at least two weeks in advance, and [ prov iding] conf irmation of insurance for each event.” In addition, because of the amount of work required to ensure that event-specif ic COV I D protocols are followed, the SLS decided to focus on organizing bigger in-person events rather than
week ly CTTBs. Some students have noted that weekly Thursday night bar events are still being held. The SLS emphasized that “these are not af f iliated with nor endorsed by the Students’ Law Society, and the Social and Finance Committee is not involved with their planning. The SLS has previously asked or suggested that students interested in organizing Thursday night bar events refrain from using the name “Call to the Bar” to avoid confusing students about whether the event is planned by the SLS.”
FEATURES
ultravires.ca
October 28, 2021 | 5
New York Summer 2022 Recruitment Informal Results
At least 37 U of T students secured work in NY HUSSEIN E. E. FAWZY (2L) AND ANGELA FENG (2L) Every year, numerous New York law fi rms search for new talent to fi ll their student cohorts from the University of Toronto Faculty of Law. This year’s recruit was particularly promising, with reports from students that fi rms continued to interview and hire as late as October 1, well past the Career Development Office’s (CDO) official OCI date of July 23. In addition, law fi rms interviewed and hired students who did not participate in the official OCI recruit, instead applying through the resume collect request that was sent in September. Fifty-three students responded to Ultra Vires’ informal survey. In a self-reported survey, thirtyeight students attended OCIs or screening interviews, thirty-five students attended call-back interviews, and thirty-five students secured a 2022 summer associate position. In addition, Sullivan & Cromewell LLP indicated to the CDO that two more students will be joining their summer program, raising the total estimate of students who have received NY offers to 37. Most of the successful candidates who responded to our survey were 2L students (28), constituting a whopping 13.2% of the 2L cohort. The remaining successful candidates were in 3L or 4L. Two students did not declare their year. Of the thirty-five total offerees that responded to our survey, twenty-four were JD-only students while
eleven were combined-degree students. U of T Law students welcomed the high demand for legal talent in New York, as reflected by the results of this year’s recruit. One student shared this hopeful note to encourage others to apply: “I had very average grades. (2 Hs across all of 1L), and still received many interviews in New York (6+), so I would highly recommend students apply regardless of what they feel their academics are.” This message was echoed by other candidates as well, “I was unsuccessful in the 2L NY recruit, but I have just been hired in the 3L recruit, which means I never summered in NY but will start as a fi rst-year associate in 2022 with the class of 2022.” The demand for U of T Law students continued well past UV’s informal survey collection. According to Director of the CDO, Neil Dennis, “Based on my office’s numbers thus far we should have approximately 36 2Ls heading to NY and Boston this summer (and counting since not everyone has fi lled out our online form). That’s around 15% of the class (a 5% jump from what we historically see).” Commenting on the rise of U of T Law hires, Dennis noted that, “this is a testament to the extremely talented students we admit to U of T and the high-performing alumni that graduate and excel in the field.”
LAW FIRM
NUMBER OF U OF T STUDENTS HIRED
Sullivan & Cromwell LLP
10
Kirkland & Ellis LLP
5
Paul, Weiss, Rifkind, Wharton & Garrison LLP
3
Sidley Austin LLP
3
Skadden, Arps, Slate, Meagher & Flom LLP
3
White & Case LLP
3
Cooley LLP
2
Davis Polk & Wardwell LLP
2
Weil, Gotshal & Manges LLP
2
Latham & Watkins LLP
1
Pillsbury Winthrop Shaw Pittman LLP
1
Shearman & Sterling LLP
1
Undecided
1
Total
37
AROUND 15 PERCENT OF THE 2L CLASS IS HEADING TO NY THIS SUMMER. CREDIT: SHAE ROTHERY
FEATURES
6 | October 28, 2021
ultravires.ca
Number of In-Firm Interviews Received Associated with Increased Employment Success Receiving 5 or more invitations and attending 4 or more interviews were independently associated with a 90%+ chance of employment HUSSEIN E. E. FAWZY (2L) As 2L students participating in the 2022 Toronto Recruit recover from an exhausting two days of OCIs and turn their minds to in-fi rm interviews, many may be wondering “What, if any, does the number of in-fi rm interview invitations tell them about their odds in ultimately fi nding employment?” While all it takes is one in-fi rm interview to secure a position, data from Ultra Vires’ 2021 Toronto Recruit Survey suggests that more in-fi rm interview invitations correlate with higher odds of securing employment. As the table below illustrates, students who received a greater number of in-fi rm interview invitations were more likely to secure employment
(defi ned as at least one offer). In last year’s recruit, more than 90% of students who received five or more in-fi rm interviews ultimately secured employment. Logistical regression analysis also revealed that this association was statistically significant (β = 0.7436; p-value = 0.0003).1 This is unsurprising because candidates who demonstrate stronger interview abilities may be more successful during OCIs, which helps them receive more in-fi rm invitations in which they are successful again. While there is no cause-effect relationship between the number of in-fi rm invitations a candidate receives and how well they perform during in-fi rms, candidates tend to
TOTAL NUMBER OF STUDENTS
NUMBER OF STUDENTS WHO SECURED EMPLOYMENT
EMPLOYMENT %
1 In-Firm
16
7
44%
2 In-Firms
11
6
55%
3 In-Firms
13
9
69%
4 In-Firms
8
7
88%
IN-FIRM INTERVIEW INVITATIONS RECEIVED
5 In-Firms
10
9
90%
6 In-Firms
7
7
100%
7 In-Firms
4
4
100%
8 In-Firms
6
6
100%
9 In-Firms
6
6
100%
10+ In-Firms
8
8
100%
TOTAL NUMBER OF STUDENTS
COUNT OF STUDENTS WHO SECURED EMPLOYMENT
EMPLOYMENT %
1 In-Firm
15
6
40%
2 In-Firms
11
6
55%
3 In-Firms
12
8
67%
4 In-Firms
14
13
93%
5 In-Firms
22
21
95%
6 In-Firms
8
8
100%
7 In-Firms
4
4
100%
IN-FIRM INTERVIEWS ATTENDED
perform better if they already demonstrated success at the OCI stage as evidenced by securing a larger number of in-fi rm invitations. Two caveats are in order. First, this data is selfreported so its accuracy is limited. Second, candidates who receive a relatively smaller number of in-fi rm invitations may still perform better than a student who has more invitations. For example, a student focused on a select number of boutique fi rms may express interest in a smaller number of fi rms and therefore receive a fewer number of in-fi rm invitations, regardless of their interview performance. A similar trend is also observed when comparing the number of in-fi rm interviews a candidate has attended with their odds of success. This association was also statistically significant (β = 0.7529; p-value = 0.0001).2 The data suggests that more than 90% of students who attended
four or more in-fi rm interviews secured employment. However, similar to above, there are different reasons why a student may attend a lower number of interviews. For example, a student may attend a small number of interviews because they received a limited number of invitations or because they’re more selective in their preferences despite receiving numerous invitations. But when viewed in the aggregate, there is a significant association between the number of interviews attended and ultimate employment.
1. In other words, each additional in-fi rm invitation is associated with e0.7436 or 2.1 times higher chance of securing employment. 2. In other words, each additional in-fi rm invitation is associated with e0.7529 or 2.1 times higher chance of securing employment.
The National Day For Truth and Reconciliation at U of T Law Reflections on the first National Day For Truth and Reconciliation at U of T Law TOMAS JIROUSEK (2L) The National Day of Truth and Reconciliation marks a challeng ing day for many Indigenous and non-Indigenous people in Canada. We are called to ref lect on our collective histor y follow ing the discover y of thousands of unmarked graves at Residential School sites this summer. Indigenous nations across the countr y were consumed by gr ief in ref lecting on this
generational loss, the loss of thousands of children who never returned home to their communities. Despite this gr ief, the plight of current generations of Indigenous youth demand that constructive and positive action be taken now. Current ly, there are more First Nations youth in care than at the height of the Residential School system. The num-
bers of youth in care are exacerbated by conditions and symptoms of intergenerational trauma left unaddressed due to the systemic under funding of social ser v ices for First Nations youth. Given that, the National Day of Truth and Reconciliation must ser ve as a day of action, not just idle ref lection. W hile certainly tak ing the time for humble ref lec-
tion on our histor y, September 30 must also capitalize on an opportunit y to advance reconciliation in Canada. The Indigenous Law Students’ A ssociation ( ILSA) welcomed law students for such an event this year. This September 30, ILSA joined w ith U of T Law’s Elder-in-Residence, Elder ConContinued on next page
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stance Simmonds, to host a g uided discussion and f ilm screening. Elder Simmonds opened the event in ‘the good way’ before the v irtual screening of Inendi (“She is Absent”). Inendi is a short documentar y by creator Sarain Fox which documents the stor ies of her matr iarch, Auntie Mar y, a knowledge keeper and sur v ivor of Residential Schools. Auntie Mar y spoke about her exper iences in the Residential Schools, but also the gr ief and trauma which followed her after she left the schools. This includes the need to initially f lee her communit y in an attempt to escape the trauma, and her resistance to discussing the atrocities which took place due to a fear of repr isal. Ultimately, Auntie Mar y discusses her journey of “ forg iveness, love, and peace” in overcoming some of her fears and returning home to her nation and communit y. A large challenge associated w ith the
FEATURES National Day for Truth and Reconciliation is link ing the trauma of Residential Schools w ith contemporar y Indigenous child welfare struggles. At the ILSA event, students were pressed to think cr itically about the legacy of Residential Schools and how factors such as intergenerational trauma and a lack of access to social ser v ices impact First Nations today. The ILSA event also promoted the work of Indigenous law yers and child welfare organizations work ing to address the legacy of Residential Schools. This includes the saga of human rights complaints f iled by the First Nations Child and Family Caring Society (“The Caring Society”). Beginning in 2007, The Caring Society and the Assembly of First Nations f iled a complaint with the Canadian Human Rights Commission alleging Canada discriminated against First Nations children by underfunding social services on reserves. The Tribunal ultimately found that
Canada has been discriminating against First Nations children by failing to provide equitable social and child welfare services. Since this landmark ruling, the Tribunal has issued 19 non-compliance or procedural orders for Canada to end the discrimination against First Nations children. A s we look beyond the f irst National Day for Truth and Reconciliation, law students can continue to learn about initiatives like The Car ing Societ y’s work in child welfare. W hile occasions such as Orange Shirt Day mer it ref lection on the way law has been used to marg inalize Indigenous peoples, work done by institutions like The Car ing Societ y demonstrate positive and ef fective ways to use the law on behalf of First Nations youth. Outside of Orange Shirt Day, allies and advocates are encouraged to continue learning about the legacy of the Indian Residential School system today. This can
October 28, 2021 | 7
include reading the Executive Summar y of the Truth and Reconciliation Commission or the Final Report of the Inquir y into M issing and Murdered Indigenous Women and Girls. Students can also take the time to watch f ilms which represent the struggle of Indigenous peoples today, including T he Body Remembers W hen the World Broke Open, a f ilm which captures the struggle of Indigenous women in Vancouver’s Downtown Eastside. Outside of integrating a basic cultural and legal competency regarding Indigenous nations into your practice, students might also consider donating to grassroots Indigenous communit y organizations, or volunteer ing or work ing w ith organizations like Abor ig inal Legal Ser v ices here in Toronto. Editor's Note: Tomas Jirousek is a member of the Indigenous L aw Students’ Association.
Tips for Navigating a Recruit Five tips from an upper year who’s been through it ANNA ZHANG (3L) It’s that time of year again. The leaves are falling, the pumpkin spice lattes are returning, and another recruit season is in full swing. For most law students, the recruit can be a stressful time. However, through speaking with upper years and reflecting on my own experience, I’ve come up with some helpful tips. Tip 1: Write a Strong Cover Letter Your cover letter provides a unique opportunity to speak directly to your employer of interest. For this reason, you should never underestimate the importance of a good cover letter. For students applying to a specific area of law (criminal, labour, family, etc.), employers will often use these letters to discern who is genuinely interested and weed out those who aren’t. Your cover letter should tell your story, demonstrate a genuine interest in the fi rm or position you are applying for, and explain why you are a valuable candidate. Pick one or two meaningful experiences and describe the skills you gained from them or the characteristics you demonstrated without regurgitating your resume. Additionally, you should tailor your cover letter to the fi rm or position by speaking about any connections you have (lawyers you’ve met, networking events, fi rm tours, etc.) and explaining why you are interested in that fi rm or area of law. Finally, don’t be afraid to ask your friends, the Career Development Office, or upper year students to read through your cover letter for any structural, spelling, or grammatical errors. Tip 2: Have Fun with Your Skills and Interests Section Employers will often pick from a candidate’s ‘Skills & Interests’ section to start a conversation, especially when they can relate to something you’ve written or when time is limited (such as during OCIs). This section is one of the few areas in your application package where you get to have fun, be authentic, and speak about the things outside of work and extracurriculars that make you who you are. For example, I wrote that I was an “ice cream connoisseur” on my resume during my 2L recruit and four of my interviewers asked me for ice cream shop recommendations. Tip 3: Speak to Past Summer or Articling Students When students think of networking, we often think of connecting with associates or partners.
THE BAY ADELAIDE CENTRE, HOME TO MANY LAW FIRMS PARTICIPATING IN THE 2L RECRUIT. CREDIT: SHAE ROTHERY
While that is important, the most valuable “coffee chats” can often come from speaking with students who have summered or articled at the fi rm. These students can provide insight into areas that associates may be less knowledgeable about, such as the interview process and how to prepare for certain questions, or the type of work that students are expected to do. In fact, employers enjoy when candidates can demonstrate that they know what they’re in for and that they’re up for the task. More importantly, speaking with past summer or articling students can help you in your decision-making process. One of the most challenging aspects of the recruit is fi guring out which fi rm is right for you. Knowing what you want out of your summer or articling experience, and whether a fi rm can provide that, is crucial. Finally, the recruit can be a hectic process and who is better to guide you than someone who has been in your shoes? All the upper years I connected with were incredible support systems for me during this time. A friend of mine even had a past articling student offer to review her application package and put in a good word for her with the recruit team.
Tip 4: Have “Fun” With Your Interviews I say “fun” because let’s be honest, interviews are rarely fun. The Law Society of Ontario (LSO) process is taxing, tiring, and resembles a giant dating game. That said, you’ll need to bring your A-game to each interview so you must find ways to replenish your energy. One friend suggested trying to match the energy level of your interviewer. Another friend recommended listening to “pump up music” before each interview. During the 2L recruit, his song of choice was ‘Levitating’ by Dua Lipa. Another way students can make their interviews more enjoyable is by minimizing the number of surprises and controlling what they can. The obvious tip is to prepare for these interviews by thinking through potential questions, practicing answers out loud, and researching the firm and interviewers beforehand. In a world of virtual interviews, you can also alleviate unnecessary stress by testing your lighting, audio, and overall set-up in advance. Finally, it is important to remember that you are interviewing the firm as much as they are interviewing you. This might sound like a cliché taken from a career services pamphlet because interviews are not often designed to make candidates feel this way. However, it is important to re-
search the firm, speak to as many lawyers as you can, and ask the questions that matter to you. Not only are employers impressed with thoughtful questions but doing so will help you determine which firm aligns best with your interests and values. After all, if you pick a firm that you enjoy and will provide the experience you want, you can avoid doing another recruit! Tip 5: Keep Your Connections During the process, you will meet many people from many different firms. If you feel like you built a rapport or got along well with a particular lawyer, keep their contact information and reach out to them after the recruit. The harsh reality is that not every student will come out of the LSO process with a job. That said, there are many instances where a student was not offered a position through the recruit, kept in contact with certain lawyers regardless, and received an offer from these firms later. Other times, lawyers can help students find alternate positions by reaching out and recommending that student to their colleagues. Overall, a recruit is not the be-all-end-all. It’s important to keep an open mind, have people who can support you, and ask for help when you need it. Good luck and see you on the other side!
8 | October 28, 2021
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Minor League Baseball’s History– and Future–with the Law Improved conditions for minor league players in spite of poor legislation GERRIT YAU (3L)
WATCHING A TORONTO BLUE JAYS GAME IN THE ROGERS CENTRE. CREDIT: SABRINA MACKLAI
The Toronto Blue Jays’ 2021 season ended with a curveball, some thirty minutes after the team secured its 91st and f inal win of the year. The pitch clinched the last playoff spot for the Boston Red Sox, only one win ahead of Canada’s team. For the Blue Jays’ minor league players, Toronto’s elimination from contention also formally punctuated another chapter in their f ledgling yet f leeting playing careers. The winter will mark the end of some players’ journeys, the clock expiring on their major league dreams. For others, the frost is an apt form of pathetic fallacy for the hardships they will encounter in the off-season. Baseball minor leaguers are not paid during the seven months of the off-season, yet their respective major league teams expect the players to continue to train and dedicate themselves to baseball-related activities to further their development. Unfortunately, without pay or benef its, reality expects the players to seek part-time jobs (often multiple) just to have another chance at a major league career starting next spring. Even with a recent increase to the minimum salary, most minor league players are paid below $15,000 USD for f ive months of the season and nothing for the remaining seven. In fact, with the exception of TripleA players (those at the highest level of the minor league baseball system) whose minimum salary is roughly $14,000 USD in 2021, other minor league tiers’ minimum salaries are below the U.S. poverty line of $12,760 USD. While this level of exploitation demands legislative intervention in line with the most basic labour and employment statutes, this situation is ironically enabled by legislation. The lineage of this inequality can be traced back to a 1922 U.S. Supreme Court ruling in Federal Baseball Club v National League, where the court held that the Sherman Antitrust Act did not apply to Major League Baseball (MLB), thereby granting an antitrust exemption that lasted for over 75 years. Notably, such an exemption was never granted to any other sporting organization. Although the Curt Flood Act of 1998, named after the player considered to be the pioneer of the free agency system in baseball, revoked MLB’s antitrust exemption, the legislation did not apply to the minor leagues. After years—and millions of dollars—of lobbying by MLB, the U.S. Senate passed the comically-named “Save America’s Pastime Act,” which itself was buried in an 891-page $1.3 trillion USD spending bill, in 2018. The Save America’s Pastime Act reads as follows: “any employee employed to play baseball who is compensated pursuant to a contract that provides for a weekly salary for services performed during the league’s championship season (but not spring training or the off season) at a rate that is not less than
a weekly salary equal to the minimum wage under section 6(a) for a workweek of 40 hours, irrespective of the number of hours the employee devotes to baseball related activities” (emphasis added). This ensured that minor league players would not be entitled to year-round pay regardless of their full-year dedication. Minimum wage for f ive months of a season is, unsurprisingly, well below minimum wage considering that a year is 12 months long. While the past has been full of gloom, the present shows signs of positive change for the future. In 2019, the Toronto Blue Jays raised salaries for their minor league players by roughly 50 percent above the minimum wage f loor. To the public’s knowledge, no other team responded to the Blue Jays’ decision by raising their minor league salaries above minimum wage. However, just two seasons later, MLB imposed salary increases between 38-72 percent for the 2021 season across all organizations. More promisingly, minor leaguers now have a pseudo-union to advocate for their interests. The Advocates for Minor Leaguers, established in 2020, will likely help to counteract the historic power imbalance between MLB and minor league players. In just 18 months since its creation, the Advocate for Minor Leaguers already had their f irst monumental victory—in mid-October, MLB announced that all major league teams will provide housing to “certain minor league players … for the 2022 season,” alleviating a massive cost burden on players. While the full policy is yet to be f inalized, this is a welcome change. The Advocates for Minor Leaguers’ next battle will be for year-round pay, and the wheels are already set in motion. Minor league players have been wearing “#FairBall” wristbands in-game to publicly protest the conditions to which they have been subjected. To their credit, the Blue Jays seem to be set on proactively improving conditions for their minor league players. The team’s president and CEO, Mark Shapiro, promised that the organization was considering “every possible way to support our minor league players to be the best they can be, mentally, physically, and fundamentally.” For a team that f ielded the youngest group of batters in 2020 and the thirdyoungest in 2021, Toronto has shown an understanding that improving minor league conditions doesn’t just make ethical sense— it makes business sense. Since the Blue Jays’ decision to raise minor league pay in 2019, it has recorded winning percentages of .414 in 2019, .533 in 2020, and .562 in 2021. Regardless of what legislation may allow, teams should ensure that the futures of their organization are set up for success. Baseball players face plenty of curveballs from opposing pitchers, but they shouldn’t have to face them from their own teams.
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Tread Lightly Into Fall with our Favourite Light Reds!
In Vino Veritas QUINN HARTWIG (1L) As summer ends and we say goodbye to sipping rosé and Albariño on patios, we at In Vino Veritas increasingly f ind ourselves pairing light reds with these chilly nights. With spooky season fully upon us, now is the perfect time to review and recommend our favourite blood-red “grape juices” to help you ease into fall. Below you’ll f ind f ive reviews covering a diverse range of light and medium reds. Whether you prefer a classic pinot, a funky blend, a bold grenache, or a delicious syrah, we’ve highlighted something for everyone and every occasion!
A ngela Gu (3L JD/MBA)
Shae Rothery (2L)
Bread & Butter Pinot Noir 2019
$19.95, LCBO
$16 .95, LCBO
Okay, a garnacha (the Spanish version of a grenache), may not f it squarely into the light-bodied red w ine categor y, but I don’t make the rules. This is def initely a dinner w ine—it’s bold, pepper y, and would pair well w ith meat or roasted veggies. I’m a big fan of natural wines, so I was pleasantly surprised to f ind this natural yeast-fermented bottle at the LCBO. Overall, this is a solid pick for a sub-$20 bottle and is great to bring along to a dinner part y!
Garnacha de la Madre 2015
It’s pumpkin spice season and this pinot noir is perfect for a basic girl fall, a time of year that I wholeheartedly embrace. Get your blanket scarf and cozy up with this California red. There are hints of pumpkin spice candle on the nose, with a bit of artif icial brown sugar vanilla. It smells sweet, and tastes like raisins. There’s a round, almost buttery, mouthfeel. I’m adding this to my list of easy-drinking reds; it’s a great sipper for an overcast afternoon.
Jared Barkman (1L) A ndréa Ca lek A Toi Nous 2020 $40, Boxcar Social
CREDIT: ANGELA GU
Quinn Hartwig (1L)
W hen choosing a light red wine to ease into fall, one is generally drawn to the soft sensuality of pinot noir or the cheery aromatics of gamay. Syrah, on the other hand, can be thought of as punchy and overbearing, better suited for your frumpy uncle who subsists solely on red meat and fullbodied wine. Andréa Calek’s “A Toi Nous” demands that such stereotypes be discarded, producing a light and juicy syrah/grenache blend that perfectly offsets the heaviness of middle-of-term blues. Raspberry and cherry notes are complemented by moderately structured tannins, keeping things interesting. If you’re new to natural wine, the slight effervescence may be off-putting, but several glasses of wine dancing on your tong ue w ill provoke your feet to do the same. W hether you’re look ing to dance of f an L P from your f irst 1L assignment, or you’re waltzing to celebrate an in-f irm inter v iew, this may just be the w ine for you.
La Crema Sonoma Coast Pinot Noir 2018 CREDIT: TOM RUSSELL
$34.95, LCBO
Tom Russell (2L)
In a word? Crushable. However, this nuanced, elegant pinot noir is so much more than just an easy drinker. On the nose, you are immediately hit with notes of bright, fresh, red fruits including cherry, strawberry and cranberry. As it opens up, aromas of sour cherry candy and coffee emerge. The f irst sips are equally full of beautiful red fruit with an immediate punch of cherry, followed by a distinct taste of baked strawberry and rhubarb. The eight months in a barrel soon become apparent, as gentle f lavours of vanilla, cocoa, and coffee come through to create a mocha f lavour. The mouth feel is velvety smooth and the tannins are so soft, they are hardly apparent. The long-lasting f inish imparts noticeably refreshing acidity and leaves a taste of sour cherry and pomegranate. This crowd-pleasing wine is a prime example of what makes Sonoma one of the most well-respected homes of New World pinot noir. The renown and versatility of this wine make it an excellent choice for any occasion as it can be appreciated by the wine snob and the casual w ine crusher alike.
Dandelion Vineyards L ionheart of t he Barossa Shiraz $21.95, LCBO
CREDIT: SHAE ROTHERY
This OCI season, I have been stay ing sane by drink ing enough red wine to make everyone else in my house uncomfortable. Therefore, I really needed a wine that was both delicious and affordable. That’s why my recommendation for this month is Dandelion Vineyards Lionheart of the Barossa Shiraz. The syrah/shiraz variety is a dark-skinned grape with a long history in the Rhone region of France and is now grown around the world. The name “shiraz” and “syrah” refer to the same grape, but shiraz is the popular way of referring to the variety in Australia and is sometimes used to distinguish a “New World” style of using that grape. Lionheart of the Barossa is produced in South Australia, is a full-bodied and smooth wine, and has a sugar content of 7 g/L. It is a dry wine with a beautiful ruby colour. I noted f lavours of dark plum, blueberry, and mint. This is a delicious wine that I recommend pairing with hard cheeses.
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Jury Selection New and Confused
SCC upholds repeal of peremptory challenges, fractures on what comes next NICHOLAS BUHITE (3L)
On October 7, 2020, the Supreme Court of Canada heard oral submissions in the case of R v Chouhan, 2021 SCC 26. The case turned on the constitutionality of Parliament’s abolition of peremptory challenges in jury selection and the retrospective application of that abolition to trials where the defence had already elected to a trial by jury. The court issued an oral judgement, upholding the abolition on the same day submissions were heard. Nearly eight and a half months later, on June 25, 2021, the court issued five separate sets of reasons, disclosing deep divisions regarding the implications of this change.
Background on Peremptory Challenges Origin
A peremptory challenge is a mechanism for parties in criminal cases to exclude a fixed number of jurors at their discretion without cause. The historical right to a peremptory challenge is almost as old as the English jury system itself, dating back to at least the late-thirteenth or early-fourteenth century. Though peremptory challenges were first conceived as a tool for the Crown to control jury composition, they quickly became regarded as an important element of the defence’s arsenal, with Blackstone commenting that a defendant’s right to peremptory challenges was “a provision full of that tenderness and humanity to prisoners, for which our English laws are justly famous.” Nonetheless, peremptory challenges have become a matter of increasing controversy.
Ontario Court of Appeal similarly rejected that C-75’s changes were unconstitutional but held the rules could not apply retrospectively. Submissions to the Supreme Court
At the Supreme Court, Chouhan’s counsel and the Crown were joined by a variety of interveners. Aboriginal Legal Services, Colten Boushie’s mother, and the David Asper Centre for Constitutional Rights (represented by Professor Kent Roach) argued against peremptory challenges as historically uncontrollable mechanisms for racial discrimination. Conversely, groups such as the Canadian Association of Black Lawyers, the Canadian Muslim Lawyers Association, the Federation of Asian Canadian Lawyers, and the South Asian Bar Association of Toronto intervened to argue, among other things, that peremptory challenges played a key role in maintaining more diverse juries, granting racialized defendants agency in their case, and bridging the gap between the challenge for cause regime and more subtle signs of racial animus and implicit bias that a defendant may notice but be unable to prove.
Chouhan SCC Ruling Generally
A majority at the Supreme Court of Canada reinstated the trial judge’s original ruling, granting C-75 immediate retrospective effect. However, the court fractured on how to adapt Canada’s justice system to a post-peremptory world.
Canada
Anti-Bias Instructions
Canada’s abolition of peremptory challenges stemmed largely from an alleged abuse by defence counsel in the 2018 trial of Gerald Stanley, a white farmer accused of murdering Colton Boushie, a 22-year-old Cree man. It was reported that the defence used peremptory challenges to strike all five of the panel’s visibly Indigenous candidates, producing an all-white jury out of a pool of 750 people selected from a region with a high Indigenous population. Public outcry was swift and in March 2018, Parliament introduced Bill C-75 (An Act to amend the Criminal Code, the Youth Criminal Justice Acts and other Acts and to make consequential amendments to other Acts, S.C. 2019, c. 25) which, among other things, abolished peremptory challenges and established a judicial power to “stand aside” jurors for “maintaining public confidence in the administration of justice” (Criminal Code, s. 633).
Seven members of the SCC endorsed the need to provide anti-bias instructions to the jury. Moldaver and Brown JJ (Wagner CJ concurring) & Rowe J (Providing Supplemental Reasons on Other Issues) further endorsed by Martin J (Karakatsanis and Kasirer JJ concurring) Justices Moldaver and Brown endorsed jury instructions which would “expose biases, prejudices, and stereotypes that lurk beneath the surface,” wherever “specific biases, prejudices, and stereotypes . . . may reasonably be expected to arise in the particular case” (para 49). They endorsed two types of anti-bias warnings: a general warning and a specific warning. The general anti-bias warning is meant to alert the jury to the prevalence of a “variety of beliefs, assumptions, and perceptions” which every juror brings to court, encouraging them to exercise their duties impartially with “a heavy dose of selfconsciousness and introspection” (paras 53-54). Specific anti-bias instructions are called for when a judge, with the assistance of counsel, finds that certain specific stereotypes or myths about the accused, victim, etc. may have a direct impact on issues at trial. The court should then seek to systematically identify and confront these myths.
Chouhan Background History and Overview
Jury selection in Pardeep Singh Chouhan’s trial began on the same day that Bill C-75’s abolition of peremptory challenges came into effect, on September 19, 2019. He challenged the constitutionality of C-75’s changes on the grounds that it infringed his sections 7, 11(d), and 11(f) rights to an independent and impartial jury. The trial judge rejected this argument. The
Challenge for Cause
While seven members of the SCC endorsed a more expansive challenge for cause regime, there are early signs of potential divisions on how far
this liberalization will go. Traditionally, inquiries into bias that might allow for a juror to be struck for cause have been largely limited to variations of the so-called “Parks question,” which asks: “would your ability to judge the evidence in the case without bias, prejudice or partiality be affected by the fact that the person charged is [offender race] and [the victim/complainant is victim/complaint race]?” This question has been criticized for failing to capture “anything beyond the grossest forms of prejudice” (para 121). With challenge for cause replacing the peremptory regime as the new primary framework for removing worrisome jurors, the deficiencies of the Parks system are of added importance. Moldaver and Brown JJ ( Wagner C J concurring ) & Rowe J (Providing Supplemental Reasons on Other Issues)
Justices Moldaver and Brown endorsed a more expansive set of questioning for challenges for cause, stating both that the Parks question was never meant to be the only question asked of jurors and that a wide range of characteristics beyond race could be the proper subject of questioning if they created a risk of prejudice and discrimination. While hedging their reasons with a warning that judges should respect the juror’s privacy interests recognized in prior case law, the justices provided an extensive framework on how judges should approach the new challenge for cause regime, focusing primarily on a juror’s “willingness to identify unconscious bias and strive to cast it aside” (para 63). Martin J (Karakatsanis and Kasirer JJ concurring )
Justice Martin endorsed a more extensive challenge for cause regime beyond the Parks question but declined to set any limits on permissible questions in this case, due to having only received limited submissions on the issue. Nonetheless, she noted that while privacy interests are relevant in jury questioning, they are only “one interest to be weighed against others” (para 120). Abella J (Dissenting in Part)
Justice Abella likewise endorsed a more indepth challenge for cause inquiry, though her endorsement of a more “probing” inquiry appears to place less significance on juror privacy than Justices Moldaver and Brown’s reasons (para 160). Expanded Stand Aside Powers
Bill C-75 expanded judicial stand aside powers to allow judges to “stand aside” jurors for the purpose of maintaining public confidence in the administration of justice. Jurors who are stood aside are placed at the end of the jury pool and only selected or formally excused if the parties are unable to complete jury selection without them. Four justices endorsed using the new stand aside powers to stand aside jurors for potential bias, thereby approximating a historic use of peremptory challenges. Five justices further held that these new powers could not be used for the
purpose of producing a more diverse petit jury (i.e., trial jury). Moldaver and Brown JJ ( Wagner C J concurring ) & Rowe J (Providing Supplemental Reasons on Other Issues)
Justices Moldaver and Brown endorsed the discretionary application of expanded judicial stand aside powers to stand aside jurors who might be partial notwithstanding them having survived a challenge for cause when it is within the interest of “maintaining public confidence in the administration of justice” (para 69). Nonetheless, Justices Moldaver and Brown explicitly rejected Justice Abella’s proposition that the new stand aside powers may be used to increase the diversity of the trial jury. Martin J (Karakatsanis and Kasirer JJ concurring )
Justice Martin held that it would be premature to place limits on using the new stand aside powers. Abella J (Dissenting in Part)
Relying on parliamentary transcripts from the enactment of Bill C-75, Justice Abella voiced support for using the expanded stand aside powers to promote a more diverse jury on a case-by-case basis. Côté J. (Dissenting )
Justice Côté broke with the positions of both Justice Abella and Justices Moldaver and Brown, reasoning that the new stand aside powers do not permit stand asides for bias nor stand asides for the purpose of diversifying the jury.
Looking Forward The repeal of peremptory challenges significantly changes the rights of criminal defendants during jury selection. Courts will need to carefully ensure that parties will be able to exercise both new and old powers to achieve the legitimate purposes that counsel previously relied solely on peremptory challenges to achieve. So far, the Supreme Court of Canada has failed to clearly provide the necessary guidance on how this can be done, and it remains unclear as to what degree the court is willing to reform rules to approximate the legitimate practical protections that defendants had under the prior regime, even as old abuses are excised. Editor’s Note: this is an abridged version, read the full article on the CLSA’s website. This series by the Criminal Law Students’ Association introduces the law student body to the wild, wild world of criminal law and criminal justice. Articles will be published in print in Ultra Vires as well as on the CLSA’s website, uoftlawclsa.weebly.com/blog. To pitch an article to the CLSA blog series, please contact the CLSA Blog Editors, Nicholas Buhite or Anna Zhang at nicholas. buhite@mail.utoronto.ca and as.zhang@mail.utoronto. ca, respectively.
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Ryan’s Movie Corner Recommendations if you’re looking for different Halloween movies this year RYAN SHAH (3L) As I’m sure many readers know, it is de rigueur for horror f ilms to be screened during October. Though Halloween is only one day of the month, many mov iegoers allow it to cast a long shadow on their f ilm consumption habits during the other 30 days. I am not one of those mov iegoers. Though there are undoubtedly some great horror f ilms out there (The Texas Chainsaw Massacre, for example), I f ind that many of these f ilms are at the ser v ice of their genre, rather than the other way around. Not to say that there is anything wrong w ith an interest in genre—but I prefer f ilms where genre-concerns are secondar y. That’s part of why I love Dav id Lower y’s The Green Knight, a f ilm I discuss below alongside Ryusuke Hamag uchi’s Drive My Car. The Green Knight is something of a fantasy f ilm, something of a horror f ilm, and also something completely unique. W hatever you watch, however, I w ish you a ver y safe and happy Halloween. Dr ive My Car (2021)
Drive My Car is a Japanese f ilm which was featured at the 2021 Toronto International Film Festival. The f ilm is an adaptation of a short stor y by Japanese author Haruk i Murakami but, as the three-hour long running time suggests, this f ilm goes (signif icantly) beyond the scope of its source material. The f ilm centres on an ag ing theatre actor and director, Kafuku, who ends up in an agonizing situation: he discovers that his w ife is cheating on him, but before he gains the ner ve to confront her, his w ife suddenly dies. Kafuku is therefore left to dwell on the knowledge of his w ife’s inf idelit y w ithout any release. Kafuku is an esteemed theatre director and is g iven the opportunit y to direct a rendition of A nton Chekhov’s Uncle Vanya. W hile ser v ing in this role, the theatre
company that hired him prov ides him w ith a driver, Watari. Despite Kafuku’s initial resistance to Watari ser v ing as his driver, Kafuku acquiesces and beg ins to build a friendship w ith her. This f ilm does several things incredibly well. First of all, it is v isually stunning. Much of Drive My Car takes place on long, meandering drives by the Japanese seaside. The cinematography is superb. It elevates the mundane act of driv ing into something beautiful and engag ing, in a way that does a splendid job of capturing the writing of Haruk i Murakami, for those that are familiar w ith his work. Drive My Car also invites viewers to consider the emotional turmoil of the unspoken. As their friendship develops, both Kafuku and Watari share with each other their shameful, unspoken secrets. Some of the fi lm’s best acting shines through when Kafuku opens up about the pain and confusion that lingers after the death of his wife. Somewhat interestingly, the f ilm takes place against the backdrop of auditions, rehearsals, and performances of Kafuku’s rendition of Uncle Vanya. Kafuku hires actors who speak a diverse array of lang uages and arranges the play’s performance so that each actor speaks their own native tong ue (subtitles are displayed on a large screen above the stage). I don’t think that this feature of the f ilm is revolutionary, but it’s still an interesting concept. As a forewarning, this f ilm is not for ever yone. It has an incredibly long running time, much of which is probably not justif ied. The f ilm’s most forgettable moments include the many scenes where Kafuku leads his rag-tag, multiling ual group of actors through rehearsals of Uncle Vanya. Though there is a certain novelt y behind this set-up, I found myself losing interest after seeing Kafuku lead his troupe through a table read for the fourth time. The multiling ual theatre aspect of the f ilm, itself, feels like a bit of a g immick,
even if it is a creative and laudable backdrop for the other, more engag ing stor y beats of the f ilm. 7/10 The G reen Knight (2021)
The Green Knight is a f ilm w ith a bit of a weird premise. It takes up the eponymous A rthurian legend in which the mysterious Green K night approaches K ing A rthur’s court and challenges one of his knights to a deadly game: the chosen knight is to strike the Green K night as hard as he can and, in one year’s time, the Green K night w ill return the favour. Sir Gawain, portrayed by Dev Patel, takes up the challenge. In the f ilm, Patel’s Gawain is a young and impetuous member of K ing A rthur’s court. He is not yet a knight and is ev idently unsure of himself and his place in the world. W hen the Green K night arrives at K ing A rthur’s court on Christmas night to propose his challenge, Gawain accepts, tak ing the opportunit y to prove his worth as a brave and chivalrous soon-to-be knight. The Green K night kneels on the ground, exposing his neck and g iv ing Gawain the chance to slice his head of f, much to the entertainment of the court. The Green K night’s headless body ominously rises from the ground and rides of f into the night—promising Gawain that he w ill return the favour “one year hence.” As the one-year anniversar y of his encounter w ith the Green K night approaches, Gawain beg ins to get cold feet. K ing A rthur, however, manages to conv ince him that returning to the Green K night is an opportunit y to show gallantr y and make good on the principles of knighthood. From here, things get a bit weird. Gawain’s journey to the Green K night’s abode is an ambling, trippy, and occasionally disturbing saga which is equal parts grotesque and beautiful. The f ilm’s
aesthetic v ision is complete and coherent. The Green Knight portrays a confused and decay ing world that transgresses themes we t y pically f ind in medieval myths: honour, chivalr y, and destiny. The world that Gawain explores is dark, dirt y, and rotting. This disarray is nevertheless punctuated w ith moments of beaut y that help to convey what is, in my opinion, the f ilm’s most compelling and interesting commentar y: that the events of one’s life are contingent and unscripted. They resist grand, unify ing narratives and instead often provoke ambivalence and uncertaint y. This proposition, that fate resists human design, is explored by an extremely memorable monolog ue by an unnamed character, portrayed by A licia Vikander, that Gawain encounters on his journey: “W hilst we’re of f look ing for red, in comes green. Red is the color of lust, but green is what lust leaves behind, in heart, in womb. Green is what is left when ardor fades, when passion dies, when we die, too. W hen you go, your footprints w ill f ill w ith grass. Moss shall cover your tombstone, and as the sun rises, green shall spread over all, in all its shades and hues. This verdigris w ill overtake your swords and your coins and your battlements and, tr y as you might, all you hold dear w ill succumb to it. Your sk in, your bones. Your v irtue.” This passage, and the f ilm’s broader approach to human agency in a world that is indif ferent to human desires, tells an extremely compelling stor y that is certain to leave v iewers w ith a lot to chew on. I cannot recommend this f ilm enough. 9/10
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12 | October 28, 2021
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Spooktacular Movies
A review of Halloween classics, ranked from most to least scary DOMINIQUE WIGHTMAN (2L) Halloween – 1978 (dir. John Carpenter) If you want to make the scariest night of the year even scarier, look no further than John Carpenter’s definitive slasher. Both technically and narratively, Halloween revolutionized horror. The chilling opening sequence, where young Michael Myers commits his first murder, introduced the killer POV shot which has been copied time after time. Carpenter also introduced the “final girl” trope which, while criticized by some, has generated vibrant discourse on gender and subversion within the slasher genre. Halloween also provides subtle commentary on the late sexual revolution. Towards the end of the 70s, it was every suburban parent’s nightmare that an unstoppable, faceless man would invade their daughter’s bedroom. Carpenter distilled the latent fears of a generation of conservative parents into the iconic form it is today, and broadcasted those fears to a teenage audience that snuck into R-rated movies. Scream – 1996 (dir. Wes Craven) Still the highest-grossing slasher film of all time,
Scream is a maniacally violent and riotously funny horror oddity. Scream delivers meta-humor without sacrificing the raw thrills of the genre it satirizes, featuring an iconic villain and a wickedly humorous final twist, along with a fantastic soundtrack. Scream had its finger on the pulse of 1990s horror, as shown by the 90s revitalization of the slasher film. While, in my humble opinion, Scream 2 is the best installation of the series, Scream has a special place in my heart. With Scream, Wes Craven reminded audiences and critics that the slasher genre was not bereft of insight or intelligence. Frankenstein – 1931 (dir. James Whale) I cried the first time I saw Frankenstein. No, I was not a terrified toddler. This was last year. Frankenstein moved me. In his adaptation of Mary Shelley’s classic examination of the mystery of life, death, and the ethical limits of science, James Whale introduced the world to “The Monster.” A creature born only to be rebuked by the society that created him, the Monster fears and simultaneously longs for the hu-
man touch. The existential frustration and despair of Whale’s vision finds its clearest expression in the primitive rage of a being trapped in a constant state of pain and loneliness and lacking the ability to express itself. Frankenstein teaches us that we should look at the Monster rather than shield our eyes. Perhaps, when looking at the Monster, we will see ourselves. It’s the Great Pumpkin, Charlie Brown – 1966 (dir. Bill Melendez) Charles Schulz’ 1966 Halloween special, while heartwarming and family friendly, has some decidedly nihilistic overtones. Let’s take a look at the plot, shall we? Linus insists and truly believes that the Great Pumpkin will bring him presents on Halloween. Every Halloween, Linus sits in a pumpkin patch waiting for the Great Pumpkin to arrive, believing seeing the Great Pumpkin will be worth missing the Halloween party with the rest of the gang. Linus even recruits Sally to skip trick-or-treating and become a follower of the Great Pumpkin with him,
assuring her that the Great Pumpkin will bestow his grace upon her as well. Fast forward to the end of the night—the Great Pumpkin never comes. Linus is stuck out in a pumpkin patch on a cold night, while the rest of the gang is out at the Halloween party. Sally abandons Linus, furious that he made her miss the Halloween festivities. When Charlie Brown later attempts to console Linus by explaining that he has done many stupid things too, Linus snaps. He adamantly professes his faith in the Great Pumpkin, and that the Great Pumpkin will come next year—just you wait, Charlie Brown. I’m not sure if I’m reading too deep into this one, but I’ve always seen The Great Pumpkin as a critical allegory for and denunciation of religious faith. While it might seem mean-spirited to laugh at childlike faith unfulfilled, it’s worth remembering that Peanuts is basically a chronicle of Charlie Brown getting screwed over by fate. So, if you can laugh good-naturedly at poor old Charlie Brown missing the football, then don’t feel bad for laughing at Linus for being a true believer.
Better than Takeout Risotto
Easy lunchbox risotto recipe JACQUELINE HUANG (2L)
Risotto with Squash and Mushrooms Serves 4-5 Ingredients • 400 g risotto rice (Arborio will work, but I highly recommend Carnaroli; it holds its shape much better. You can find them at Italian grocery stores.) • 1.2-1.5 L chicken/vegetable stock (homemade or make from store-bought powder; volume depends on how you like the texture of the final dish) • 2 small or 1 medium onion(s), diced • A handful of fresh mushrooms, sliced • 1 acorn squash, or one half of butternut/ buttercup squash • 1 knob of butter • Grated Parmigiano-Reggiano RISOTTO WITH SQUASH AND MUSHROOMS. CREDIT: JACQUELINE HUANG
I recently picked up a box of veal risotto at an Italian marketplace near school (I won’t name it, but it should be quite obvious which one it is) because some prepared meals that have passed their best before date were on sale on an anti-food waste app. I thought it would be nice and convenient for a busy school day, but I was sorely disappointed. The risotto was way too soupy and looked like a bowl of congee, and there were these tiny little bits (similar to what you might find in instant noodle packages) of celery, carrots, and veal swimming in it. Moreover, I was abhorred by the exorbitant price tag ($18) of this bowl of cheesy congee. Even though it was heavily discounted on that anti-food waste app, I still struggle to find a justification for spending $4 on it.
So the week after, I made my own lunchbox risotto on a Sunday; it is simple, hearty, and keeps well in the fridge as well as the freezer if you have anything left after the whole week. Risotto is a humble and incredibly versatile dish. The base is made of rice, onion and stock, and you can add in additional seasonal vegetables—and even fruits sometimes! Risotto with fresh mushrooms is a classic, and I usually pair it with some diced zucchini or dried porcini. Since it’s the season for pumpkin and squash, I made one with an acorn squash at hand. The acorn squash adds a subtle touch of sweetness to compliment the umami flavour of ParmigianoReggiano; if you’d like the flavour of the squash to be front and centre, I recommend using a butternut or buttercup variety.
• Olive oil • Salt and pepper, to taste For the Squash I roast the squash to save some peeling and cooking time. Peeling and dicing the squash and cooking it with the onion base is also an option, but it would take some time before it softens. Preheat the oven to 350°F. Cut the squash into halves. Line a baking sheet with parchment paper. Rub some olive oil on the squash flesh. Put the squash on the baking sheet, flesh side down. Poke some holes on the squash skin to release steam during roasting. Bake for 40-50 minutes, until a fork can easily pierce the skin. Use a spoon to scoop out the cooked squash purée and set aside.
For the Risotto Heat up the stock and keep it at a low simmer. Put a 5-litre stock pot on medium heat. Once heated, add a splash of olive oil. Add in diced onions and sauté until translucent. Add in the mushrooms, sauté a bit, and then sprinkle in some salt to help them cook down. Add in the rice, stirring frequently, until the rice changes colour or (if you’re feeling adventurous) is lightly toasted. Add in two ladles of stock. Stir in the squash purée. Turn down the heat and let it simmer, stirring frequently. When the rice has nearly absorbed all the liquid, and you can draw a line in the rice with a wooden spoon, add in another ladle of stock. Stir and let it simmer, until the liquid is absorbed, and add a ladle of stock again. Repeat the process with the remaining stock. While waiting for the liquid to be cooked down, prepare a knob of butter, and grate some Parmigiano-Reggiano as desired. Taste after two-thirds of the stock have been added and cook until it reaches your desired texture. Add the last ladle of stock. When the liquid has cooked down a little (but still appears soupy), stir in the butter and the Parmigiano-Reggiano. Season with salt and pepper as desired. Continue to stir until the liquid is absorbed. Remove the pot from the heat, cover it with a lid, and let it rest for 3-4 minutes. Serve and sprinkle with parsley and/or more Parmigiano-Reggiano, whichever you prefer.
Hungr y? U V ’s got your back with our collection of recipes —for law students, by law students! Check out our complete collection of recipes at: https://ultravires.ca/tag/recipes/, including hearty soups, ragu , and even bread recipes by Professor Ripstein.
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October 28, 2021 | 13
Law Listens: Asper Centre Comes Out with a New Podcast Series! A new podcast series featuring U of T faculty and alumni leading discussions on constitutional law and litigation FIEVEL LIM (1L) AND REBECCA ROSENBERG (2L) The David Asper Centre for Constitutional Rights (the Asper Centre) has created a new podcast, hosted by its Executive Director Cheryl Milne. The series will focus on advocacy and a broad range of constitutional law issues. The podcast also showcases the “Practice Corner,” where Milne and a guest speaker discuss the practical aspects of how a constitutional litigator might bring constitutional challenges in court. Appropriately, episode one is on none other than section 1 of the Canadian Charter of Rights and Freedoms. Titled “Charter: A Course - A podcast about Canadian Constitutional Law (No. of Episodes: 1),” this episode explores the existence of section 1 and the functions it serves. It is led by legal scholar and U of T alumnus Professor Jacob Weinrib. While it would be helpful to have a background in law when listening to the complex legal issues discussed, those with a cursory knowledge of the field will still be able to engage with the fundamental topics. The aim of the podcast is to be clear, understandable, and appealing to a wide audience. Some main features of the series include a “constitutional law shanty” theme song, created by Professors Howie Kislowicz and Rob Currie, and an accompanying transcript for accessibility and ease of reference. Some major themes include “Oakes classic” and “diet Oakes,” as well as the major implications of the use of section 1 during the COVID-19 pandemic. “We dropped the second episode this past Friday [October 15], called ‘COVID 19 and the Charter’.
The next episode will be released on Friday, October 29 on Representative Juries (the title is still tentative). Future episodes this calendar year will address religious freedom, climate justice & the Charter, and section 15,” says Milne. Milne added that the podcast’s aim “is to highlight the work of U of T Faculty and alumni who are involved in leading constitutional cases and issues. The audience will likely be law students, lawyers, and academics, but we think anyone who is interested in how the Charter works and what the impact is of constitutional advocacy will be interested. So far, we are pleased that it is becoming popular.” It will definitely be of interest to students and faculty alike to see who will be the next U of T figure giving their take on these pressing legal issues. While on the topic of podcasts, here is a brief list of some amazing law-related or law-adjacent podcasts: 1. You’re Wrong About Hosted by Michael Hobbes, former Huff Post reporter, and Sarah Marshall, whose writing has appeared in The Believer and BuzzFeed, You’re Wrong About discusses historic events, people, and cases that have been miscast by the public imagination. Hobbes and Marshall retell these stories while debunking myths and misrepresentations about their narratives. This podcast series is a fun listen for those looking to reanalyze infamous cases such as the McDonald’s Hot Coffee lawsuit or the O.J. Simpson trial.
2. Entitled Claudia Flores and Tom Ginsburg are lawyers and law professors at the University of Chicago who started Entitled to discuss global human rights issues and why they matter. They work through prominent legal issues, such as freedom of speech and immigration, while trying to work out what rights even are. If you are looking to start listening, try Rights at the Border, featuring U of T Law Professor Ayelet Shachar. 3. Armchair Expert Actors Dax Shepard and Monica Padman conduct in-depth interviews discussing a range of topics, from academics to philosophical questions about life and humanity. While not a law-focused podcast per se, Armchair Expert includes interviews with a multitude of professionals, including lawyers and scholars who discuss various issues within the legal field. From ethical intelligence in the United States to the Epstein trials, Armchair Expert has you covered on interesting subjects that might appear in your casebooks. 4. Legal Wars Legal Wars is a relatively new podcast hosted by Harvard Law graduate and actor Hill Harper and supported by Wondery, the producers of American History Tellers. Harper narrates famous American court cases in an attempt to put the listener in the jury box. The first episode deals with the dramatic
case of Hogan v Gawker, involving wrestler Hulk Hogan and a conflict about free speech on the internet. 5. Paw & Order A podcast dedicated to Canadian animal law, Paw & Order is a great listen for anyone interested in animal rights and animal justice. Paw & Order is hosted by former U of T Law graduate and current executive director of Animal Justice, Camille Labchuk, alongside University of Alberta law Professor Peter Sankoff and animal advocate Jessica ScottReid. Canada’s only animal law podcast, the series breaks down a host of animal justice issues, some that are likely familiar to law students at U of T— does the name Lucy the Elephant ring a bell? 6. Law Bytes Sabrina Macklai (2L JD/MI) recommends Law Bytes, “hosted by Professor Michael Geist from the University of Ottawa, it explores the intersection between law, technology, and policy. From conversations on regulating Big Tech to commentary on Canada’s privacy law reforms, the podcast touches upon different aspects of digital policies and their implications on Canadians. Geist regularly brings in guest speakers who provide unique perspectives on these issues and are oftentimes involved in setting the policies. For any IP and tech nerds, this podcast is an absolute must!”
14 | October 28, 2021
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One Year Later
U of T Law Comes Back to Life JACQUELINE HUANG (2L)
SHADES ON THE JACKMAN LAW BUILDING
STUDENTS ENTERING FLAVELLE HOUSE
THE OSLER, HOSKIN & HARCOURT LLP ATRIUM AT LUNCH TIME
STUDYING AT THE BORA LASKIN LAW LIBRARY
IN-PERSON CLASS IN THE MOOT COURT ROOM
EXIT FROM THE JACKMAN LAW BUILDING
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October 28, 2021 | 15
PHILOSOPHER’S WALK
“THE PILLARS”
PUPPIES ON THE BACK LAWN
FALL COLOURS
16 | October 28, 2021
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End of Season Ice Cream Round-Up The inside scoop on your next scoop KAITLYN NELSON (2L), LAUREN PAPAROUSIS (2L), SHAE ROTHERY (2L), AND MEAZA DAMTE (2L) cook ie, but this ice cream was a real w inner. The chunks of cook ie kept their signature crunch, and the ice cream base was downr ight delightful both in texture and f lavour. I may or may not have eaten an entire pint by myself, and that’s my barometer for good ice cream. Pro t ip: Be prepared to wait in line at this popular Ossing ton Ave spot.
gelato each week (of fered separately or in a sw irl), so make sure to check in advance before you make the journey up to St. Clair West. Pro t ip: This spot is cash only, and “ape” is not pronounced like the animal. Ape is actually a t y pe of Italian car and I recommend either googling the pronunciation or simply say ing nothing to avoid funny looks.
iHa lo K runch (mult iple locat ions)
THREE OF YOUR FAVOURITE REVIEWERS ENJOYING BAR APE—THE FOURTH IS BEHIND THE CAMERA. CREDIT: SHAE ROTHERY
Your favour ite rev iew team is back w ith a special g uest, Meaza Damte (2L), and this month we’re tak ing on ice cream! W hile the weather is slowly getting colder and another chilly Canadian w inter is almost here, we’re all f irm believers that ice cream is a year-round treat. Here are a few of our favour ite ice cream spots in Toronto:
Pro t ip: Check their daily menu before you make a tr ip.
Meaza: According to iHalo, “ ice cream solves ever ything,” and I am inclined to agree. Ser v ing a limited assortment of A sian-inspired soft ser ve f lavours like matcha and ube ( pur ple yam), iHalo does not disappoint. They only have a few f lavours at a time but they keep Madagascar Vanilla Bean permanent ly stocked if you aren’t feeling adventurous. W hile the activated charcoal cone might look nice on your Instagram feed, be warned that while it prov ides the aesthetic qualit y, it lacks in the taste department. On the other hand, the “U be A ll the Way” is a f lavour powerhouse and def initely a must tr y! Pro t ip: The Queen Street West location usually has a line.
Ed’s Rea l Scoop (mult iple locat ions)
Pro t ip: If you can’t f ind something you like, they have over 150 recipes and you can request a f lavour through the Contact Us page on their website.
Rosel le Desserts (362 K ing St E) Kait lyn: Roselle holds a special place in our hearts! This Corktown gem is only open from Fr iday to Sunday and there’s always a line—but that’s how you know it’s good. Their famous Earl Grey soft ser ve was delicious, w ith strong tea f lavour balanced out by hints of lemon. Plus, you have the option to pay more for cr ispy white chocolate pearls and a mini shortbread cook ie on top. I would def initely repurchase!
A lways Open: Meaza: I may or may not have had Ed’s ever yday for a week when I f irst discovered it, so if that doesn’t conv ince you to tr y their locally made ice cream, gelato, sorbet (dair y-free, vegan fr iendly) and frozen yog urt, then I don’t know what w ill. With several locations across Toronto, they have something for dair y lovers, dair y haters ( look ing at you, Lauren), and ever yone in between. Their options seem endless and rotate often, but I would def initely recommend the pumpk in pie and burnt marshmallow ice creams and the raspberr y and pistachio gelatos.
BAR APE’S SALTED CARAMEL GELATO SUNDAE. CREDIT: SHAE ROTHERY
RURU BAKED’S MATCHA SHORTBREAD AND MISO BUTTERSCOTCH. CREDIT: KAITLYN NELSON
Wong’s Ice Crea m (617 Gerrard St E)
Pro t ip: W hile their ice cream machine is hibernating for the season, we still recommend mak ing a tr ip to this baker y to snag a madeleine or shortbread cook ie.
Kait lyn: We were saddened to learn that Wong’s w ill be permanent ly closing on December 24, so we highly recommend that you go out and tr y it before it’s too late! Wong’s specializes in unique, A sian-inspired f lavours and they def initely deliver. I opted for W hite Chocolate, Rosewater and Jasmine, a per fect ly balanced, extremely f lavour ful scoop of ice cream. Lauren’s choice was Tanger ine Pomelo, a delicious and refreshing dair y-free option.
Ruru Baked (659 Lansdow ne Ave)
Pro t ip: Get there before it’s gone.
Kait lyn: Ruru Baked was on my list for a ver y long time, and let me tell you, it lived up to expectations. A lthough Ruru Baked is a bit of a trek from the downtown core (the closest T TC stop is Lansdowne Station), their unique rotating f lavours—like Cook ie Butter, Banof fee Pie, and Buttered Popcorn—make it easily worth the $3.25 in subway fare. My picks were Matcha Shortbread and M iso Butterscotch. The matcha ice cream mixed w ith chunks of shortbread was good, but the real star was the M iso Butterscotch. The saltiness of the miso was per fect ly balanced by the sweetness of butterscotch and I would make a tr ip back just for this f lavour.
Bang Bang Ice Crea m (93A Ossing ton Ave)
Seasonal Treats:
Shae: I’ll preface this rev iew w ith the fact that my favour ite dessert of all time is ice cream, so I have high standards for what I’m w illing to g ive my stamp of approval. More specif ically, my favour ite ice cream f lavour is cook ies and cream, so you can picture my disappointment upon being told that Bang Bang’s M ilk n’ Cook ies f lavour was sold out for the day. Instead, they suggested I tr y the Golden Oreo f lavour. Now, I don’t like to mess w ith a good thing, and I’m normally not partial to the blonde, younger sister of the famous sandw ich
Bar Ape (283 Rushton Rd)
IHALO’S MANTRA. CREDIT: MEAZA DAMTE
Lauren: For those of you who suf fer from the terr ible curse of being lactose-intolerant like myself, I’m here to tell you that Bar Ape is the place for you. Never again w ill you dread eating a sad lemon sorbet while all of your fr iends get fun f lavours f illed w ith lactose. Bar Ape of fers unique soft ser ve gelato f lavours like Sour Cherr y, Strawberr y Basil, and Ontar io Cantaloupe—many of which are dair y free! Bar Ape features only two f lavours of soft ser ve
ROSELLE’S EARL GREY SOFT SERVE. CREDIT: SHAE ROTHERY
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October 28, 2021 | 17
R IGHTS R EVIEW
The International Human Rights Program at the University of Toronto Faculty of Law An independent student-led publication 2021-2022 Rights Review Editorial Board Co-Editors-in-Chief: Taskeen Nawab (3L) and Sabrina Sukhdeo (3L) Senior Editors: Martha Côté (2L) and Sterling Mancuso (2L) Junior Editors: Duncan Crabtree (1L), Ally Mastantuono (1L), and Julianne Schmidt (1L) Social Media Editor: Ellen An (3L)
A MESSAGE FROM THE EDITORIAL BOARD ON IHRP SUMMER FELLOWSHIPS AND UNPAID LABOUR By Sabrina Sukhdeo (3L) and Taskeen Nawab (3L), Co-Editors-in-Chief of Rights Review Dear Readers, As the pandemic waged into the warmer months of 2021, students who had once entertained hopes of travelling abroad for a summer of meaningful research and advocacy were reeled into the world of remote work for a second consecutive year. Early this January, the University extended its initial suspension of outbound student activities until September 1, 2021, shutting the door on any possibility of Faculty-funded overseas adventures. But for the summer fellows of the International Human Rights Program (IHRP), as was the case last year, this travel ban did not knock the wind out of their sails (proverbially, at least!). In fact, the IHRP facilitated 12 fellowships this summer, virtually placing students at various non-governmental and intergovernmental organizations around the world. In this issue of Rights Review, we hear from a selection of those students. From investigating collusion and corruption at one of the world’s largest lenders of development finance, to building accountability tools for communities harmed by UN sexual exploitation and abuse, to supporting the global push for vaccine equity in the pandemic era—this year’s IHRP fellows have certainly shown that working from home can have an impact far beyond one’s own borders. A fledgling partnership between the University and the South African Society for Labour Law (SASLAW) also endured despite the circumstances, as the SASLAW Pro Bono
Project hosted its third cohort of students from the Faculty of Law. Clearly, there was no lack of enthusiasm and dedication to diving into meaningful work and developing practical skills in the area of international human rights advocacy. As these editorials reveal, these fellowships set the stage for transformative experiences and valuable connections that would otherwise be impossible for many students. However, the precious nature of these opportunities should not be glorified. Quite the opposite, we should unsettle the scarcity and precarity that distinguish labour in non-governmental or non-profit organizations and turn a critical gaze on the conditions that give rise to the IHRP Summer Fellowship Program. The use of unpaid labour is rife in the human rights field. This is partly a story of high demand for and high supply of unpaid labour. While not all NGOs are made equal, many deal with unstable and insufficient funding for their activities. Much of their capacity heavily relies on government grants, corporate contributions, and individual donations—none of which are guaranteed on a long-term basis. Furthermore, given the ever-tightening job market, there are many students and newly-minted graduates desperate for attractive work experience. The human rights field also tends to peddle a sense of martyrdom: the idea that the work being done is more important than the person doing the work, that sacrificing one’s
well-being for “the cause” is noble and righteous (and thus, expected). Of course, this narrative does not hold up. “The cause” could never intelligibly exclude just working conditions. As Dickson C.J. wrote in Alberta Reference (1987), “Work is one of the most fundamental aspects in a person’s life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person’s employment is an essential component of [their] sense of identity, self-worth and emotional well-being.” Decent wages, safe workplaces, and fair working conditions for all are crucial to a world where people can lead dignified, meaningful, and fulfilling lives. Indeed, the struggle for workers’ rights sits at the intersection of movements for racial justice, gender justice, climate justice, and more. The exploitative nature of unpaid internships is thus particularly unconscionable in organizations dedicated to advancing human rights. The hypocrisy here does not stop at perpetuating precarious employment. Unpaid internships have the additional effect of shutting out marginalized individuals, not only from key professions but also from organizations whose activities directly impact their communities. Young adults from low-income backgrounds typically cannot afford to work for nothing. As these organizations recruit relatively privileged individuals instead, the services that they provide are at best deficient, and at worst actively
harmful to the communities they purport to serve. Equally regrettable is the fact that unpaid internships tend to drive down wages across the board as prospective employees are forced to compete with those willing and able to work for free. The IHRP Summer Fellowship Program is a band-aid solution to this gaping wound in the legal job market. As such, we urge students to take advantage of this funding source and the rare chance to spend a summer learning about transnational advocacy, organizing, and solidarity on the ground. Although the University travel suspension remains in place until December 31, 2021, and it is uncertain whether it will be lifted in time for the coming summer, this issue of Rights Review shows that rewarding experiences await those who are awarded fellowships—even when their most exciting journey is a trip from their bedroom to the kitchen. However, unpaid internships continue to raise ethical and equity issues that cannot be ignored. While we hope that students at the Faculty of Law commit to fighting injustices and dismantling systems of oppression through legal advocacy, we also hope that the fellowships that today allow students to fulfill this commitment are one day rendered unnecessary. Sincerely, Sabrina Sukhdeo and Taskeen Nawab Co-Editors-in-Chief, Rights Review 2021-2022
REFLECTIONS ON THE SASLAW FELLOWSHIP A SUMMER OF LAW IN SOUTH AFRICA VIA ZOOM By Jacqueline Huang (2L), Ivy Xu (2L), and Nicky Young (2L) The South African Society for Labour Law (SASLAW) is a non-profit organization devoted to the advancement of labour law in South Africa. For the past three years, the IHRP has sponsored three students at the Faculty of Law to work at SASLAW’s Pro Bono Project in Johannesburg. These students support SASLAW’s work on behalf of indigent litigants at the country’s labour courts. This interview has been edited for clarity and concision. Why did you choose to work for SASLAW? Ivy Xu (IX): I am very interested in international human rights advocacy, but I knew that the International Human Rights Program (IHRP) fellowships faced some uncertainty in terms of
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what their experience would look like during the pandemic. When I reached out to someone who did the SASLAW fellowship in 2020, it seemed that she had enjoyed a very substantive summer, so I was somewhat confident that I would enjoy the experience even if it had to be entirely virtual. Jacqueline Huang (JH): I have lived in different places and have greatly enjoyed the experience of meeting people from different backgrounds and getting to know the cultures in different parts of the world. South Africa’s unique cultural and political history has created a lot of specific social, legal, and human rights issues, and I was interested in learning about how the legal profession can work to help resolve these issues. Despite working re-
motely due to pandemic restrictions, I still learned a lot about South Africa and I am glad that I chose to work with SASLAW for the summer. Nicky Young (NY): I am excited about international law and human rights work, and SASLAW offered an amazing opportunity to work in both areas. In addition, South Africa has really interesting legal attributes and socioeconomic issues. For instance, its constitution includes socioeconomic rights and its labour laws have more extensive worker protections than the laws in Ontario, which made for fascinating comparisons! What were the highlights of your fellowship? What was your favourite project or experience?
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IX: An interesting project was when we were asked to find jurisdictions that have prohibited the breeding of canned lions for an NGO focused on animal welfare advocacy. Canned lions are bred in enclosures and with each other, which makes them susceptible to diseases. Their owners may drug them and place them in the wild to be hunted by safari visitors. The challenge in this research was that many countries around the world have lion populations, so we had a long list of potential candidates. However, given the general lack of public attention to this breeding practice, very few jurisdictions have actual laws on the subject. We explored various international law research databases, secondary sources, and some non-English legislation and eventually narrowed down our
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IX: For policy research, there was significant ambiguity and volumes of literature on certain topics. When I was asked to look into innovative approaches to public housing in comparable jurisdictions, I had to think about how to select relevant jurisdictions and decide which sub-topics to focus on. It was important to obtain periodic feedback in this process and discuss potential directions with my supervising attorneys. Zoom calls were usually more helpful than an email chain. It was also a good idea to ask for internal documents to get an understanding of what type of information would be most helpful.
SASLAW FELLOWS AT LECLAIR & ASSOCIATES IN LONDON, ON (FIRST ROW FROM LEFT TO RIGHT: JACQUELINE, IVY AND NICKY). CREDIT: SASLAW PRO BONO PROJECT
research to specific statutes. The NGO ended up incorporating a lot of our memorandum in their submissions to Parliament. JH: My favourite part of the fellowship was the balanced mix of learning opportunities and social connections. In that regard, I am grateful to Clare Fincham, our program director, who arranged a variety of opportunities for us and created a fulfilling remote fellowship experience. Apart from undertaking research and drafting documents, we also connected with a range of organizations and legal professionals based in South Africa and Canada and had the chance to observe arbitration/mediation and SASLAW Pro Bono Office casework.
NY: I enjoyed the many opportunities we had to learn from experienced lawyers working in human rights work, international pro bono work, and labour law. All of the connections we made in Canada and South Africa were willing to share their projects, which enabled us to learn about issues even if we weren’t working on them. For instance, I really enjoyed hearing about refugee and migration issues in South Africa from one lawyer with the Legal Resources Center, and observing a labour arbitration in South Africa mediated by a lawyer working at a dispute settlement firm. What were some of the challenges you faced this summer? How did you overcome them?
JH: At one point, I was handling communications with refugee/asylum seeker clients of the Legal Resources Centre (LRC). They had applied for status extensions according to official instructions, but due to the pandemic backlog, they had not heard back from the government for months, and many were increasingly worried about their legal status in South Africa. In my correspondence with the clients, I needed to draw a rather delicate line in managing their expectations. I needed to let them know that the LRC was working to raise the issue with the government in the hopes of expediting the process, but ultimately we had no control over the processing of applications. That was not an easy message to get across, and I had to explain it plainly and repeatedly. NY: International legal research was a new skill for me and, like Ivy, I was initially overwhelmed by the volume of information available on each subject. I found that it helped to identify the exact purpose of the research from the supervising lawyer and use this information to narrow the research to specific questions. I also agree that setting up regular check-ins to get feedback was beneficial. What were some of your first impressions of SASLAW? Did these impressions change over time, and if so, how? IX: I knew from the beginning that we would not just be working with SASLAW but would also be doing lots of research for the Legal Resources Centre. However, it was a pleasant
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surprise to receive work from the pro bono arms of major African law firms, as well as Ontario litigators and arbitrators who used to practice in South Africa. JH: I agree with Ivy in that regard—I didn’t expect to learn about many social and legal issues beyond labour law. The variety was a pleasant surprise indeed and worked out well. Also, South African labour law is quite unique, especially in terms of workers’ protection, and that was very interesting to learn about. NY: Like Ivy and Jacqueline, I was also aware that we would work with partner organizations more than working with SASLAW directly. From the beginning, I was impressed with the amount of work that SASLAW, especially Clare Fincham, put into making our remote experience invaluable. She continued to find us new and unique opportunities all summer! What advice do you have for students hoping to be an IHRP fellow next year? IX: Keep an open mind and be curious! There is a lot to learn about the South African legal system and social and political contexts. JH: I know for 1Ls it feels too early to think about summer positions right now, but I’d say that starting to think about what kind of summer experience you would like to pursue early on is a good thing. It helps to take away the stress when the deadlines draw closer. Some opportunities in international human rights have earlier deadlines, so watch out for that as well. Get in touch with the past fellows (their names are listed on the IHRP website) in the positions you are interested in. Many are more than happy to share their experiences and provide suggestions. NY: Reach out to past fellows and to IHRP staff members as soon as you know you’re interested! In my experience, all the fellows are delighted to talk about their summers and give a sense of the type of projects out there well before you have to put together an application. The IHRP staff are also incredibly knowledgeable and willing to help.
A SUMMER AT THE WORLD BANK’S INTEGRITY VICE PRESIDENCY AN INTRODUCTION TO THE WORLD OF ANTI CORRUPTION INVESTIGATIONS
By Naya Samara (2L)
This summer, I worked for the World Bank Group’s Integrity Vice Presidency (INT), a constituent, independent unit that investigates fraud and corruption in projects financed by the Group. INT is responsible for both external and internal investigations. While the former focuses on the conduct of parties financed by the Bank, the latter scrutinizes allegations of fraud and corruption in the World Bank (“the Bank”)’s own operations. I was drawn to the Bank for three main reasons. Firstly, I was attracted to its reputation in international aid and development. As noted by the Supreme Court of Canada in World Bank Group v Wallace, 2016 SCC 15, “corruption is a significant obstacle to international development. It undermines confidence in public institutions, diverts funds from those who are in great need of financial support, and violates business integrity,” (para 1). Given that international development, human rights, and anti-corruption work are intimately related, INT’s close monitoring of Bank projects is needed to avoid the
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Bank’s implication in human rights abuses (that is where the INT comes in!). Secondly, having roots in a country that has been overwhelmed by governmental corruption, I was eager to help combat the misuse of financial aid in low- and middle-income countries. Finally, I chose the Bank because of my enthusiasm for international relations. I was keen to see how an international organization like the Bank tackles cross-jurisdictional issues and induces compliance from corporations all over the world. Lastly, I wanted to broaden my horizons and explore potential avenues for my future legal career. During my time at INT, I served as a legal intern and primarily worked with the South Asia Region’s investigative team (SAR). I was predominantly responsible for conducting document review for a high-profile case that INT has grappled with for years. The allegations spanned across the five sanctionable practices—fraud, corruption, collusion, coercion, and obstruction—and, interestingly, involved some
Bank employees. A few weeks after I began, the INT received a colossal data dump containing millions of documents to sift through. I worked with the digital forensics team to optimize this process and curated search terms that refined the documents for review. Ultimately, this strategy uncovered several emails that implied the target company’s involvement in sanctionable practices such as collusion and corruption. While the document review process was often repetitive and disheartening, the excitement of finding tangible evidence was tremendous. Shortly before the end of my internship, I was tasked with writing a memorandum that discussed the key findings that came out of the document review process. There, I also shared recommendations and investigative avenues that I believe INT should pursue. This memo will likely serve as a springboard for the rest of the investigation. I also had the pleasure of attending several meetings between the Bank and external par-
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ties such as governmental bodies and international law firms. The highlight of these meetings was a reoccurring negotiation and settlement meeting between INT and a French law firm. I found it interesting to watch how each side maintained their decorum while still adhering to their respective positions. Another highlight of my time working with INT was the weekly Farsi class I attended. Given that many developing countries in South Asia speak Farsi, SAR took weekly lessons led by a fellow team member. Owing to the similarities between Arabic, which I speak, and Farsi, I was able to catch up despite starting lessons a year after the rest of the team. Though the pandemic robbed me of a trip to Washington DC, I was grateful for the chance to work with such a prominent international organization and for being introduced to the world of anti-corruption, sanctions, and investigations. I very much enjoyed being a part of a dynamic and cosmopolitan team and hope to one day return.
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A SUMMER WITH AIDSFREE WORLD FIGHTING THE SPREAD OF HIV THROUGH APP DEVELOPMENT AND INTERNATIONAL LAW ADVOCACY By Maggie Arai (3L) This past summer, I had the privilege of working for AIDS-Free World, an international advocacy organization dedicated to tackling the inequalities conducive to the spread of HIV. This was my second summer working for the organization, thanks to the International Human Rights Program (IHRP) and its summer fellowship program. In my first summer with AIDS-Free World, I worked exclusively for their Code Blue Campaign, which focuses on sexual exploitation and abuse perpetrated by UN personnel against vulnerable populations that they are sent to assist. Sadly, UN perpetrators of sexual assault rarely face any form of accountability, much less legal accountability, for their actions. This past summer, I continued to work for the Code Blue Campaign, but also had the opportunity to assist with AIDS-Free World’s work involving Yahya Jammeh, the former dictatorial President of the Gambia. In my work for the Code Blue Campaign, I was fortunate to be given the role of coordinator for a major project, CAVIA. CAVIA is a groundbreaking app that will make it possible to interview those most affected by UN peacekeeping and emergency assistance operations. CAVIA will allow participants to self-interview in a private location of their choosing, no matter their level of literacy, without the need for access to the internet or electricity, and without the bias, stigma, or judgment that can come from a human interviewer. As the coordinator be-
tween Code Blue and our selected developer, I learned a great deal about the process of developing an app from scratch. I was grateful to be a part of this initiative, and cannot wait to see the strides that AIDS-Free World makes using CAVIA once it is launched. Beyond the Code Blue Campaign, I worked under AIDS-Free World’s team of brilliant and talented lawyers to begin the process of filing a complaint with the UN Working Group on Arbitrary Detention on behalf of victims of Yahya Jammeh’s fake AIDS ‘cure.’ From 2007 to 2017, Jammeh claimed he could cure AIDS. He forced hundreds of HIV-positive Gambians to cease their antiretroviral therapy, and instead enter his false treatment program. This resulted in the deaths of at least 31 participants of the program. After losing power in 2017, Jammeh fled the Gambia, and has since been living in exile in Equatorial Guinea. Although he has not yet faced legal accountability for his numerous human rights violations, AIDS-Free World and several other organizations continue to fight for justice for his victims. I would encourage any student who is considering doing a summer fellowship with the IHRP to pursue one. It is not only a way to get your foot in the door of human rights organizations, it is also an incredible opportunity to gain firsthand knowledge about international human rights law and advocacy work—both its positives and its
MAGGIE HAVING ICE CREAM WITH HER SUPERVISOR. CREDIT: MAGGIE ARAI
drawbacks. This fellowship also offers a unique opportunity for students to search for organizations whose area of focus and expertise is particularly compelling to them, and to then learn from experts in that area. It is rare that students have the chance to reach out to experts or organizations they admire, and ask to assist and
learn from them at no cost to said organization or expert. Whether an IHRP fellowship helps you cement your passion for a particular field of law, or makes you realize that you may want to pursue a different field, it will be an invaluable experience.
A SUMMER AT GAVI, THE VACCINE ALLIANCE, DURING A PANDEMIC PUSHING FOR EQUITY IN IMMUNIZATION IN THE AGE OF COVID19
By Anna Wong (2L)
Under Articles 25 and 27 of the Universal Declaration of Human Rights, every person has a right to enjoy the highest attainable standard of physical and mental health. Everyone also has a right to enjoy the benefi ts of scientifi c progress. This necessarily includes access to vaccine technologies and immunization programmes. However, fi nancial barriers, among other factors, are perpetuating pervasive under-immunization against major infectious diseases in low- and middle-income countries. Gavi, the Vaccine Alliance, is the world’s largest international organization dedicated uniquely to helping fi nance, procure, and distribute vaccines to these populations. Due to their expertise in this area, Gavi partnered with the World Health Organization and the Coalition for Epidemic Preparedness Innovation at the beginning of the COVID-19 pandemic to operate the COVAX Facility. COVAX is the only international COVID-19 vaccine fi nancing and distribution mechanism mandated to ensure equitable access to COVID-19 vaccines on a global scale.
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This summer, I had the privilege of joining Gavi’s in-house legal team as an International Human Rights Program (IHRP) fellow. Working remotely from Toronto, I reported to colleagues in London and Geneva and contributed to various vaccine procurement and fi nancing projects. I primarily worked on COVAX-related contractual matters, but also on smaller projects relating to the use of Gavi’s corporate brand and its offi cial data privacy policy. I also authored an article on the future of post-pandemic work for the Association of Lawyers in Intergovernmental Finance and Development Organizations (ALIFDO). This was a fantastic opportunity to connect with seasoned lawyers in the international development space and learn about the impact of COVID-19 on their work. It was also inspiring that two of the fi ve lawyers that I interviewed were Canadian-trained lawyers working abroad. In my personal statement when applying to the Faculty of Law, I described my motivation
PRIME MINISTER DAVID CAMERON, SPEAKING AT THE OPENING OF THE GAVI ALLIANCE IMMUNISATIONS PLEDGING CONFERENCE IN LONDON, UK. CREDIT: WIKIMEDIA COMMONS
for attending law school as promoting meaningful legal outcomes in the biomedical, public health, and development sectors. Helping further access to vaccines at this critical
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global health moment through my fellowship at Gavi was my fi rst step in employing my legal education towards achieving this goal.
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20 | October 28, 2021
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The 2L Recruit: Not the Be-All and End-All Words from a 3L—you’ll be fine ADRIENNE RALPH (3L) For the many 2Ls reading this, not getting a job offer from on-campus interviews (OCIs) is probably the last thing you want to think about right now. I was in that same position less than a year ago. But one thing that helped ease a small bit of my anxiety going into Offer Day and post-Offer Day, when (spoiler alert) my phone was silent at 5 pm, was Ultra Vires’ collection of articles similar to this one. For some backstory, going into law school, I was most interested in working in a publicinterest setting, particularly within constitutional or public law—not the kind of position that’s abundant in the 2L summer recruit. But like many students who come to U of T Law with these kinds of aspirations, the immense debt load this school imparts on us spiked my anxiety about getting a secure job as quickly as I could. I also felt a kind of fear of missing out. Everyone around me—students, professors, the Career Development Off ice—seemed to be talking about the recruit, and many seemed to posture it as the be-all-end-all of getting any sort of respectable job. On top of the professional opportunities I’d seemingly be missing out on, I also felt I’d be missing out in a social sense. Being remote probably helped but almost every
Zoom breakout room still began with commiseration about OCI application stress. I ended up applying broadly in the 2L summer recruit. I won’t act like I would have hated working everywhere that I applied—I think I could’ve been very happy working at a litigation boutique or union-side labour f irm, for example. But as someone who still has no idea what a capital market is and who has valiantly resisted taking Business Organizations, I probably should not have had so much anxiety riding on whether I secured interviews and offers at f irms where I’d have to spend most of my time doing corporate transactional work. I received a handful of OCIs and a couple of in-f irms. While I have my misgivings with the process and more than a few anecdotes about intrusive questions and questionable recruitment tactics, most of them were generally f ine. As I spoiled earlier, I didn’t end up getting an offer. Yet, I still ended up having a great 2L summer experience. I was hired by the Hatchery as a Law Connector, where I worked with so many great people and developed many practical legal skills. That role allowed me to explore areas of law I’d never even considered before, including intellectual property and health law, to name
a few. It also gave me enough f lexibility to take on an additional part-time position—a policy research job with Ontario’s Ministry of Health that I had applied for right after the recruit had ended and all but forgot about until I received an invitation to interview from the director of one of their divisions in early June. There, I worked with a group of policy advisors on developing a framework for data and privacy policy within Ontario’s health system. My work was primarily focused on constitutional and privacy law, areas that I had been interested in since I began law school, and I loved the work. Both of those positions were just contracts for the summer without hireback potential, so I had to prepare for the articling recruit. While two recruits within six months certainly was not a lot of fun, going through the OCI process made me feel much more prepared for articling recruitment. I knew what kinds of cover letters worked and what didn’t, I knew the general formalities of Zoom interviewing, and most importantly, I knew what types of jobs I wanted to focus my energy on. It also helped that the articling recruit had far more government and other public interest employers, as well as various litigation and union-side labour f irms, where I could
show a genuine interest in the work. This isn’t to say that there weren’t opportunities for more corporate-minded students as well—I have friends who didn’t secure an OCI job on Bay Street but will now be articling at top Bay Street f irms through the articling recruit. After sending out dozens of applications— the number of employers participating in the articling recruit seemed to be almost double that of the 2L summer recruitment—I ended up completing 12 articling interviews. Unlike the 2L recruit, the articling recruit process only has one round, similar to in-f irms. A word of caution: I would not recommend doing 12 interviews. I could f it them into my schedule, as very few of them did second interviews, but they were all substantive. The stress of preparing for 12 substantive interviews all within 48 hours of each other is not something I would wish on anyone. After probably the most hectic week I have ever experienced, I ended up with three off icial offers, and calls from four other employers saying I was next on their list if anyone declined. One of the offers—the one I accepted—was from my f irst-choice employer, where I’d be doing all constitutional law all of the time.
How Do You Become a Functioning Human in Law School after COVID? The woes of transitioning everything from online to back in-person VIVIENNE STERN (1L) AND STEPHEN MAPPLEBECK (1L) How do you adjust to in-person school and social commitments when all you’ve known for the past two years is sitting in your PJs at home, w ith just a bucket of ice cream and a Zoom link to keep you company? A s you’re all surely tr y ing to f ig ure that out, we have some insights…and some concerns. We welcomed the in-person announcement w ith open arms. It was certainly a relief that classes were in-person, especially after hav ing signed a f ive-f ig ure yearly lease—and that is w ithout consider ing the exorbitant amount of money we spend on tuition. W hen most of us were accepting our admissions of fers, we weren’t even sure whether class was going to be in-person. This led to some anx iet y-f illed months.
Even w ith the in-person announcement, there is still some linger ing anxiet y that we w ill be hit once more w ith a sw itch to online learning. Yet, w ith all the readings, memos, and social events going on, that is the least of our concerns. In our ( humble) opinion, it feels as if there is more stuf f to go to than ever as people make up for lost time. To be fair, this is completely understandable. But balancing a social life while g unning for that HH is challeng ing. For 1L s, ever yone is tr y ing to get to know each other. By this point, we assumed that the beg inning of term late-night dr inks and meet-and-greets would have worn of f. But if anything, these social meetups are just getting started. Ever yone said that law school was a lot of
reading, a lot of work, and a lot of time spent at the librar y, but it did not quite seem to hit ever yone just how much the law school exper ience would entail. Let’s just say the balancing act still needs some work. There are some days where the textbook stand comes out, and we don't move for hours. We hunch over the table, further complicating back problems that are bad as they are. Other days, it’s “ let’s go apple pick ing” and the day is spent pick ing some (ver y addicting) orchard apples while the night is spent in a panic tr y ing to get through all the cr iminal law readings that we should have been doing instead. Being online for the past two years changed how we manage time; you did not need to factor in travel time, or the crazy notion of “what
do I wear to class that isn’t wr ink led?” The amount of times that we have realized there is no food in the fr idge to take for lunch, because meal-prep time was swapped for happy hour, is too many to count, and it’s only the middle of October. It’s not even the adjustment to in-person classes, it's all the minuscule things that go along w ith it. It feels like the “work hard, play hard” aspect of law school has been combined w ith “mak ing up for lost time.” In conclusion, we’ll say this: the law school exper ience isn’t actually about the law, but about all the other stuf f that comes w ith it—and we’re just going along for the r ide.
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October 28, 2021 | 21
A Victory for Academic Freedom? The new donation policy serves as an illusion of progress, while still maintaining the status quo TOM RUSSELL (2L) This article will focus on the topic of academic freedom at the University of Toronto in relation to the Canadian Association of University Teachers (CAUT) censure. I do not mean for this article to detract from other important issues surrounding the censure. That being said, with the release of U of T’s revisions to its guidelines on donations and the upcoming CAUT vote to end the censure, I think now is a good time to voice an opinion about U of T’s actions regarding academic freedom generally. It is no secret that private money forms one of the major pillars of funding for post-secondary education in Canada. Occasionally, this has led to confl icts between the agendas of donors and the ideal of academic freedom. Some notable examples include the University of Toronto’s abandonment of Dr. Nancy Oliviera in the early 1990s, in response to the legal fallout with Apotex after she expressed concerns over the efficacy of Apotex’s drug during clinical trials. More recently, in 2012, Carleton University was forced, by public outcry, to alter a deal which gave a donor the right to appoint a majority of committee members overseeing the hiring and curriculum of the Clayton H. Riddell Graduate Program in Political Management. That same year, public outcry moved York University to alter a deal which would have given joint-governance over a new international relations school to the private research center of Rim Co-Founder, Jam Balsillie. The point I want to make by listing a few of these examples is that donor influence over post-secondary education has been an
issue for a while, and it is not going away. I believe it is a persistent threat to academic freedom and something we would be wise to keep an eye on. We appear to now be nearing the end of yet another example of this sort. On September 17, 2021, The CAUT announced it would pause the censure on the University of Toronto after Dr. Azarova was once more offered the position of the Director of the International Human Rights Program. Until the vote to officially end the censure occurs between November 25-26, CAUT asked the University of Toronto to extend academic freedom protections and develop policies to prohibit donor interference in academic affairs. In relation to this request, on September 8, 2021, the University of Toronto released its revised guidelines on donations. This revision included the new article 7, which reads as follows: 7. The University will not allow any external input, including from donors or alumni, to influence any University hiring decisions, unless this input is part of the established hiring process. Any staff member or representative of the University who receives an inquiry related to any active University hiring process from sources external to the University’s established hiring processes, including alumni, donors and external organizations, will respond that recruiting processes are confidential, and that no information about the search can be shared. I have two problems with this new rule. First, it isn’t clear what is meant by the phrase “unless
this input is part of the established process.” Considering this is the sole criterion for granting an exception to the rule, I fi nd the vague language troubling. Last month, I inquired on behalf of Ultra Vires with the Division of the Vice-President & Provost about the University’s motivation in including this exception, as well as the scenarios that contemplate its application. I have not received an answer and I do not expect to. I am concerned that this exception could be construed to legitimize any donor influence when it is convenient. This would render the new rule useless. My second problem with this rule is mainly echoing an argument made by Professor Ariel Katz on the subject. Namely, I do not believe that deeming the recruiting process to be confidential solves the problem of donor influence over the process. I believe that contact between an influential donor and an individual involved in a hiring process may influence the process even where the protection offered by confidentiality has been properly utilized. Imagine two situations: (1) a donor calls an individual on the hiring committee, states the name of an individual they want hired, and ends the conversation; and (2) a donor asks about a particular candidate, fails to obtain any information due to confidentiality, but, just through their inquiry, has already successfully communicated their intentions. I have trouble imagining how a declaration that the process is confidential would help in either of these scenarios. The problem, as I see it, is that a donor’s influence can be realized by unilateral communica-
tions which cannot be curtailed by the confidentiality of the hiring process. Therefore, I am not convinced by the University of Toronto’s attempt to extend academic protections and develop policies to prohibit donor interference in academic affairs. It seems to me that this new policy only serves to provide an illusion of progress while maintaining the status quo. Ideally, I would like to see the University of Toronto produce policies that increase transparency. Increased access to the relevant information on the University’s relationships with donors, in my opinion, would be a substantial improvement. Look at the York and Carleton examples: in both situations, it was public outcry over the revealed details of the University’s agreements which ultimately led to the demise of those deals. I think the public has proven to be an effective tool to help hold universities accountable to their commitment to academic freedom. I believe policies which increase the availability of information will make the public more effective. While the CAUT censure is still considered an ongoing event, it provides an opportunity to apply pressure on the University to improve its policies regarding donor relations. I think it would be wise to demand more effective solutions to protect academic freedom at the University of Toronto. I do not want to see this event go down as merely another example of the creeping infringement of donors upon academic freedom in post-secondary institutions. This problem is not going away.
Raising the Bar: A Review of Family Law Global TV’s new show centered around a Vancouverbased family law firm and the drama that ensues within REBECCA ROSENBERG (2L) When I heard about a new television show that would centre around family law, I was not optimistic. This is not to say that law-related T V is bad; I used to love Suits and How to Get Away with Murder. Of course, I should also give a special shoutout to Law and Order: Special Victims Unit for inspiring a young me to pursue a career in law (although I am certain I am not alone in this). I just felt that law-inspired shows were overplayed, and steered into hyperbole too often for me to enjoy. I understand that these shows are meant to entertain and not to educate. However, I got tired of watching the annoyingly lavish lifestyle of law yers on T V, and watching montage after montage of someone sitting at their desk reading and eating takeout. I was also unsure of the direction a show centered on family law issues would go in. After my limited time working in family law over the summer, I could not imagine how a T V show would portray the problems in
that f ield. Would it be dramatic, portraying heart-wrenching stories about tumultuous divorces and families splitting up? Or, would they go the comedic route and focus on the sometimes absurd plots of real family relationships? I was pleasantly surprised to f ind that the f irst episode was a mix of both. The show starts of f by introducing us to personal injury law yer Abigail Bianchi, the protagonist, intoxicated in her car before a trial appearance. After showing up late to her case and throwing up in front of the courtroom, she is suspended from practicing and has to seek refuge at her estranged father’s law f irm. The episode then explains that Bianchi’s father, Harry Svensson, has two other children who work for him, each from a dif ferent mother. Evidently, we f ind tension between the three siblings as the story plays out. You also discover that Bianchi is having troubles with her own family, including marital problems with her husband who
is—conveniently—a family law yer. The rest of the episode deals with the complicated issue of parental rights associated with sperm donors, an ambitious topic to cover for a pilot. The f irst thing I will say about this show is that I appreciate its Canadianness. Filmed and set in Vancouver, it is rare to see T V programs showcasing Canadian stories, especially legal dramas which tend to be located in big U.S. cities such as New York City (even when, as in the case of Suits, the show is f ilmed in Toronto). The show features Canadian actors and actresses, including London, Ontario native Victor Garber, who plays the Svensson family patriarch. I also admire that the show’s writer, Susin Nielson, used her own family dynamic to inf luence the Svensson family drama. Nielsen told Vancouver Sun that she thinks family law can be an interesting realm to work in because so many people have their own family dysfunctions. I think there is def i-
nitely a lot of room for Family Law to tell unique stories about dif ferent familial relationships that viewers might f ind relatable, especially given the diversity within the cast itself. I will add that I enjoyed the show’s pacing. It was quick and did well to intertwine witty material with the more serious, heartfelt moments. I am not thrilled that they decided to highlight the all-too-common alcoholic law yer stereotype. However, I am interested to see how they will deal with the problem of addiction and mental health in the legal f ield while also keeping a fairly light-hearted tone. I would probably watch the second episode. There is a lot of potential to develop the characters introduced in this f irst episode in an engaging, entertaining manner. I hope to see the show delve into challenging legal matters, which will be particularly interesting to see played out in a Canadian context.
22 | October 28, 2021
OPINIONS
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An Open Letter to the Students Barely Holding it Together Reflections on the other costs of law school VANSHIKA DHAWAN (3L) The University of Toronto Faculty of Law administration strongly recommends that you do not work while in school, especially in 1L. If you choose to, not only are you penalized by the financial aid formula, but Faculty policy states that you must confi ne your employment to no more than ten hours per week. I have often wondered who this advice is directed towards. Surely, anyone who does not need to work would not need to be told twice that it’s not the best idea. Someone who does is going to ignore it anyway. Perhaps it dissuades students who are on the fence who could choose to have a part-time job, but could also choose to dip further into their student line of credit instead. But then again, if you didn’t have to, why would you? The implication, of course, is that law school is far too demanding. You only have 24 hours in a day, and you want to be dedicating as many productive hours as you can to academics, professional development, and other “worthy” pursuits. Somehow, you have to squeeze in self-care and sleep—which, of course, are the fi rst to be sacrificed when necessary. However, it’s a disservice to claim that we all have the same 24 hours in a day—that we can all prioritize school if we just manage our time well enough, focus, and work hard.
In some ways, this is easy to understand. Someone who has to work X hours per week to help pay for their legal education, loses X number of hours in any given week. In a way, that math is simple—the time is tracked, documented, and accounted for. But what about everything else? The hours you need to invest in healthcare because of a chronic (or acute) health condition? The hours that you give to family emergencies and responsibilities? The hours that are permanently dedicated to managing disability and self-advocating for accomodations? Not to mention the significant number of hours lost in a particular week when a crisis occurs, in any aspect of your life. These types of things can be far more demanding than a part-time job, and it’s not like you can exactly choose to opt out. I often wonder how we’re all able to make it work. We do, of course. We wouldn’t be here if we couldn’t. But at what cost? A few days ago, I joked that I was one ‘How are you?’ away from a complete and utter breakdown. I hesitate when asked now. “Good, you?!” comes to mind out of instinct, but gets caught in my throat. Living through a global pandemic has made the response seem so disingenuous, especially when we are so constantly on edge that every little
thing rings the crisis alarm bells in our brains. I’ve noticed that we’ve all switched to slightly more truthful euphemisms. “Not bad.” “As well as can be.” “Hanging in there.” Like most jokes made by law students, my comment was a thinly veiled cry for help. Like most jokes, it was forgotten moments after the echoes of “relatable” and “same” faded. I went back to pandemic-appropriate pleasantries. Because being here is a privilege. Studying here is a privilege. The fact that we can make it work is precisely why we cannot complain. If you’re like me, you still fi nd yourself saying “good,” or “doing well,” sometimes. If I get through the day without falling over, I consider that a good day. I don’t know when exactly the bar got so low, but the pandemic certainly accelerated the descent. If you’re like me, somewhere along the way, you convinced yourself that the absence of awful is good. When your days have been suboptimal for the greater part of your life, a neutral day starts to feel like winning the lottery. One year ago, I was confined to my 550 square foot home and sometimes didn’t have human interaction for days. Now, the ability to watch a movie at home with my friends feels like an incredible privilege, one that I’m terrified to lose again. After all, it’s all relative.
The absence of awful is not good, but I have spent the entirety of my time at law school thus far believing that it is. The realization otherwise is jarring. It has also helped me better understand the folks on the opposite end; their baseline is simply different. They must believe that the absence of incredible is awful. It can feel isolating to hear what other students’ consider their most pressing problems when yours are quite literally life and death. The pandemic has made it painfully obvious that we may all be facing the same storm, but we are most definitely not in the same boat. This isn’t new—it’s always been that way. It’s just a little bit clearer now. Advocating for that to change is another chunk of hours out of our day. For some students, it’s not a choice, just as working part-time through school is not really a choice either. For some students, advocacy is not a hobby, but rather a method of survival. And so it goes. So we beat on, boats against the current. If you’re barely holding it together, if you don’t have the privilege of choosing how you spend the majority of the hours in your day—this is for you. I see you. I’m proud of you. I can’t promise that the cost of making it all work is worth it, but I’m right there with you.
OUTSIDE THE LAW SCHOOL. CREDIT: JACQUELINE HUANG
OPINIONS
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October 28, 2021 | 23
The Cost of Becoming “You’re gonna carry that weight/carry that weight a long time.” MITHUSHAN KIRUBANANTHAN (2L) Most professions demand an entry fee— some type of price paid for the privilege of academic and professional development. Usually positioned as an investment in one’s future, the increasing costs of education can impose signif icant f inancial, mental, and emotional strain on students. These stressors remain for the duration of the debt repayment period—which, in some instances, can be several decades. We can naturally draw the inference that high tuition rates act as a formidable barrier to entry for those lacking conf idence in their ability to repay debts within a manageable timeframe. These are statements of general application, but are especially relevant to our law school, an institution both noted and satirized for its exorbitant costs and excessive stress levels. So, what exactly is the cost of becoming a U of T-educated lawyer? It can partly be measured in dollars, sure. The Faculty of Law’s tuition rate for domestic students in the 2021-2022 session towers over its Canadian contemporaries, approaching a cool $35,000. The other Canadian law schools really have no chance at beating us here—this is our domain. Osgoode limps to a shameful second place f inish, at around $26,000. Western comes in third with about $22,000. The rest seem to fall somewhere in the range between $10,000 and $20,000. It’s
like they’re not even trying. And that’s not to mention our international students who are shelling out nearly $60,000 per year. Osgoode, in contrast, charges international students just over $37,000. Maybe there’s a problem with their exchange rates. Next is the cost of living. Financial aid guidance suggests allocating $11,000 per year for room and board in downtown Toronto. Okay. If you say so. The calculations are admittedly for the eight-month school period, but landlords tend to prefer one-year rental terms. Even if you do manage to secure an eight-month rental agreement, is $1,375 a month suff icient to rent a place close to the Faculty? Perhaps, if you’re willing to share a cramped condo unit with an aspiring lawyer or three, or live in an area where you face a reasonable risk of being stabbed. Oh, don’t forget that your meals all fall under this estimation too. According to the City of Toronto’s Nutritious Food Basket Calculator, an average person between the ages of 19 and 30 spends just over $300 a month on groceries, UberEATS excluded. It’s not impossible to stay within this budget, however. If you’re still looking, there is a cozy unit currently available on Dundas East for the low-low price of $1,090 per month. It’s relatively spacious too. Of course, it appears to be missing both a show-
er and a stove, but that’s not the end of the world. You’ll be too stressed to shower, and you probably won’t have much to cook anyways. Then comes everything else: textbooks, events, transportation, those fancy Manolo Blahnik shoes that you’re convinced will impress your recruiters, and all else you need, or feel like you need, to compete with the rest. But there are also the costs that can’t be quantif ied, which manifest in other ways. It’s the dark cloud of debt that seems to rest heavier on your shoulders each day. It’s the subtle panic as you see your student loan and line of credit accounts creep higher by the month. It’s the uneasy realization that a career passion is no longer f inancially viable. These costs may not drain your wallet, but they certainly chip away at something deeper. What happens once you graduate? There’s a chance that, in the words of the immortal Sir Paul McCartney, “you’re gonna carry that weight/carry that weight a long time.” There will always be eye-rolling detractors, and I’ve heard that side of the debate too. Their argument is usually some variant of this: “if you were accepted into U of T Law, then you were probably also admitted to any other Canadian law school you applied to. You knew the costs of attending, and
you made the choice to come here—you could have gone somewhere else.” This is a fair assessment. However, it suggests that the cost of attendance is a justif iable barrier to access—that f inancial concerns should limit promising students from engaging with and learning from U of T’s distinguished curriculum, faculty, and alumni network. In doing so, this argument runs afoul of the Faculty’s commitments to accessibility, equity, diversity, and inclusivity. The concerns I share here are by no means revolutionary or idiosyncratic. Tuition fees at the Faculty have increased at a rapid and questionable rate over the past 25 years. Fees sat at $2,451 in 1995, at $16,000 in 2003, and sit near the aforementioned winning number of $35,000 today. These changes were not powerless to the whims of inf lation, they were consciously driven by administrators, and with little rhyme or reason. Despite being at the forefront of student advocacy concerns for some time, tuition remains the perpetual elephant in the room. The issue demands honest treatment in open dialogue. After all, it’s unbecoming for an institution to pride itself on becoming more accessible, more open to the historically marginalized, more cognizant of the impact of stress on mental health, while also raising its drawbridge and closing its gates.
Another Plea for Lecture Recordings How many times do students need to express their concerns before the Faculty listens? SABRINA MACKLAI (2L JD/MI) I’m not the fi rst person to make a plea for lecture recordings, and I certainly won’t be the last. Amidst changes in technology, adoption of lecture recordings by other law schools, and a global pandemic, the Faculty has remained fi rm in their policy against recording lectures. The Academic Handbook states that “because of a host of pedagogic, privacy and intellectual property concerns, the Faculty of Law does not permit the recording of classes, nor does it permit instructors to grant such requests. In instances of disability accommodation or extraordinary circumstances where students are required to miss class, students should expect to rely on class notes. Such notes can be requested at the University of Toronto’s Accessibility Services. The Assistant Dean, J.D. Program, can also help recruit note takers where Accessibility Services is unable to do so.” When searching the Ultra Vires’ archives, I found requests for lecture recordings from students dating as far back as 2016. During a 2017 townhall on a draft Mental Health and Wellness Strategic Action Plan, students again raised concerns to the Faculty to no avail. Most recently, in 2020, the Students’ Law Society (SLS) penned an open letter to the Faculty advocating for lecture recordings, with over 150 students signing in support. There are many legitimate reasons to record lectures that go beyond assumptions that these
requests are motivated by laziness and a desire to skip class. To be frank, the same Faculty that advertises their school as attracting “the strongest student body in the country” should not be concerned that offering lecture recordings will suddenly change their students’ engagement. According to the SLS’ open letter, the Faculty’s main concern with recording classes is that “some professors or students may feel ‘uncomfortable’ speaking their mind while being recorded.” Like the SLS notes, this is not a justifiable reason to make the law school less accessible. As they note, students have many reasons for missing a class or two—illness, disability, family responsibilities, religious obligations, job interviews, etc.—and they should not be deprived of their costly legal education to account for some individuals’ fear of accountability. The current recourse for missing a class on the basis of one of these legitimate reasons is to request notes from a classmate or through the notetaking service, if you are already registered with Accessibility Services. In fact, volunteer notetaking is the most commonly required accommodation for registered accommodated students. Unfortunately, this is not an effective solution. For one, everyone has different note-taking habits and makes notes in ways that work best for their personal learning style, and reflects what they feel is important from the lecture. Others have noted that there is no quality control pro-
cess to ensure that notes submitted are accurate or complete. As such, notes from a classmate cannot be considered an equivalent alternative to providing lecture recordings. Secondly, and perhaps more importantly, such notes, though insufficient as they are, are not always guaranteed. My friend passed away in February 2020. I actually found out about her passing in the middle of a class. Understandably, I was unable to focus in that lecture and could barely attend classes for the remainder of that week. When I reached out to the Assistant Dean, JD Program, I received condolences and a note that, while the note-taking service operated through Accessibility Services is exclusively for students registered with accommodations, the administration would be happy to ask students in my classes if they would be willing to volunteer their notes. This request was indeed made to my classmates; but, by the end of the week, I received a single set of notes for just one of my missed lectures. I was enrolled in three classes. To be clear, I don’t blame my classmates. The burden should not be on students, especially law students graded on a curve, to ensure that there are accommodations in place. But my experience, and the experience of many others who have gone through this process, shows that the current systems in place are not sufficient, nor reliable. We are paying tens of thousands of dol-
lars to attend this law school. When a student misses class for a legitimate reason, they should not have to stress about missed lectures and inadequate or absent notes. When missing class due to illness or compassionate reasons in particular, the last thing students need to worry about is falling behind in constitutional law. Osgoode Hall, Western Law, and the University of British Columbia Peter A. Allard School of Law already made lecture recordings available to their students before the pandemic hit. Clearly, implementing lecture recordings has not lowered the calibre of these schools, nor has it resulted in any scandals relating to statements made in class being taken out of context. Additionally, it is clear that the instructors’ copyright in their lectures does not render lecture recording impossible, and that there are technological measures which can be used to prevent copying or even watching the recordings past the end of a semester. This problem is not new. And especially given that most classes in our pandemic-era have Zoom already set-up, implementing lecture recordings is not particularly onerous or far-fetched. Some professors have even tried to record lectures themselves, to make their classes more accessible and create an equitable environment for students with disabilities. It is well past time that the Faculty takes their students’ concerns seriously and implements a lecture recording policy.
24 | October 28, 2021
OPINIONS
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The Problem with University Mental Health Crisis Management Rethinking police presence on campus ALISHA KRISHNA (2L) Content Warning: discussion of suicide, descriptions of incidents of police violence, and mental illness In the last issue of Ultra Vires, my colleague Harry Myles (2L) and I wrote about the University Mandated Leave of Absence Policy (UMLAP) and why students have been advocating for better mental health infrastructure within our University community. UMLAP is under review this year, and the question of what an appropriate mental health crisis response could be arises in nearly every discussion with the administration’s review team and in the various consultation town halls. Currently, crisis management is primarily handled by campus Special Constables (“Constables”), who are appointed by the Province of Ontario and are managed by Toronto Police Services. The role of Constables on university campuses is contested. In fact, the University is conducting a review of their role, specif ically in managing mental health crises. The review is a response to recommendations in both the Report of the Presidential and Provostial Task Force on Student Mental Health - Final Report and Recommendations (“Student Mental Health Report”) released in December 2019 and the Report of the University of Toronto Anti-Black Racism Task Force released in March 2021. The Student Mental Health Report specif ically recognized that Constables may not always be needed for crisis response, and that alternatively, crisis management teams should be considered. These teams are composed of crisis counsellors, acting without police involvement. Incidents of unnecessary violence at the hands of Constables and regional police on campus are still present in recent collective memory. In 2017, Constables and Toronto Police off icers arrested a student on campus for failing to attend court, even though she was authorized not to appear for medical reasons. Their subsequent assault not only caused signif icant physical injuries to her face and neck, but also left lasting psychological damage. In 2019, a student experiencing a mental health crisis at the University of Toronto Mississauga campus was put in restraints, which triggered a panic attack. In this incident, the student was distressed after being told that no mental health nurses were available to attend to her at the Health and Counselling Centre. She reported her ideation to a general nurse, who proceeded to call the Constables. Despite the fact that she was willing to be escorted to a hospital, Constables put her in restraints, triggering a panic attack. Considering that police cause so much harm to students, and their mere presence can further exacerbate a student’s condition during a crisis, these incidents force us to examine the purposes Constables serve on our campus. In 2016, after reports that Constables failed to intervene in incidents of violence towards transgender, queer, and non-binary students at the “U of T Rally for Free Speech,” then-
OUTSIDE THE GOVERNING COUNCIL CHAMBERS IN SIMCOE HALL. CREDIT: SHAE ROTHERY
Assistant Dean, JD Program, Alexis Archibold conducted an investigation into the Constables’ conduct. She reported that Constables do not have the power to immediately intervene in a situation, and operate on a “complaints-based process.” She remarked that the Constables’ role was to “maintain the peace in an unbiased manner,” suggesting that they have no duty to the safety of a particular student. The Campus Safety Off ice’s (CSO) handbook, obtained through a Freedom of Information request, says that Constables have the “powers and authority of the [Mental Health Act].” This means that they are allowed to restrain students and to transport them to psychiatric facilities for detention. Chapter 9-04 of the CSO handbook governs conduct with respect to “emotionally disturbed persons” and applies to people who “appear to be in a state of crisis” as well as “any person that is mentally disordered.” This conduct is based only on the Constable’s discretion, and whether the Constable has a reasonable belief there is a threat of violence or the person shows “a lack of competence to care for himself or herself.” In the most recent handbook, there is no requirement for the Constable to directly observe the student; instead, they are allowed to act on third-party information. In the above def initions, there are several undef ined gaps which are causes for concern. First, the def inition of “emotionally disturbed persons” suggests that the section can apply to “mentally disordered” people who are not actively in crisis. Second, both the CSO and the UMLAP review team have conf irmed that there are no specif ic guidelines for the assessment of “risk.” In the UMLAP town hall on October 5,
Professor Donald Ainslie, who is leading the administration’s review team, said that any risk assessment policy would come from the CSO. In an email asking about the CSO’s risk assessment policy, Ryan Dow, the Assistant Director at the CSO, said that the CSO “do not have any specif ic policies or procedures.” Dow further clarif ied that “when required, constables follow the related sections of the Criminal Code for guidance,” and that safety or protective measures would be implemented on a case by case basis. The handbook also specif ies that in such a crisis, at least two Constables should be present. If the Constables are of the opinion the situation may escalate into violence, they must call for a supervisor and the Toronto Police Services. The CSO handbook also suggests restraint as a method of “stabilizing the situation.” In the absence of guidelines, where guidance is def ined by the Criminal Code, it is outrageous to expect students—especially disabled students—to feel safe with the presence of police on campus. Even in situations outside of mental health crises, increased police presence and the use of restraints only exacerbates fear. No reform, such as additional training or revised risk assessment policies, will solve this issue. Having any sort of police on our campus creates an atmosphere of “fear, domination and force,” as written in an open letter to Meric Gertler, penned by a coalition of students and professors concerned about the presence of police to Black and Indigenous lives on campus in August 2020. Even at the provincial level, experts have called for alternate measures to address instances of mental health crises, after the deaths of Ejaz Choudry, Chantel Moore,
Rodney Levi, D’Andre Campbell, and Regis Korchinski-Paquet in the summer of 2020. Municipally, in summer 2020, the City of Toronto approved a budget for mobile crisis units which would dispatch a mental health crisis worker and police when needed. As of October 2021, this program has been suspended following public outcry, with experts questioning the need for police during these situations. On our own campus, we have the Gerstein Crisis Center, which sends crisis workers to de-escalate incidents, notably without the need for police response. Law students—even now, before we enter the legal profession—are uniquely situated within the University’s disciplinary processes. Our staff, faculty members, and others in the legal profession are heavily relied upon for both investigations of non-academic offences, and for the Chairs of the Non-Academic Appeals Board. By virtue of our status, knowledge, and participation, it is our responsibility to speak up for members of our community who have expressed the harm police on campus pose. On June 20, 2020, the University aff irmed its solidarity with the Black community and committed “to purposefully work to create inclusive spaces.” Police presence is antithetical to this commitment. “Inclusivity” necessarily includes safety for our disabled and mad-identif ied Indigenous, Black and/or racialized peers and we must hold the University accountable to that promise. Editor’s Note: Alisha Krishna is the outgoing Chair and Treasurer of Students for Barrier-Free Access and a caseworker in the Academic Appeals Division of Downtown Legal Services.
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Halloween Campfire Stories for the Law Student Spooky retellings of old classics FIEVEL LIM (1L) Cursed Counsel There was a new 1L who really loved statues and busts of famous law yers. She had a big collection of them in her condo unit. On the f irst day of law school, as she walked through F lavelle House for the ver y f irst time, she noticed a particularly beautiful bust. Bora Lask in would make a perfect addition to her collection. She only hoped that it would be up for sale. “How much is that bust, ma’am?” she asked the librar ian behind the counter. “This bust is not for sale,” replied the librar ian, frowning. “But it’s so beautiful,” said the g irl. “I really want it.” The old woman became irr itated. “I told you, it’s not for sale,” she said. “ W hy not?” persisted the overly keen 1L student. “Because in addition to just being a display, this bust is cursed!” “ Well…that’s okay. I don’t mind.” “I really can’t sell it to you, as it’s not for sale. But I’ll tell you what, it’s about time to replace the display w ith the next Chief Justice any way, so you can have it. But if something bad happens, don’t blame me.” “A h! Yes, thank you! W hat’s the worst
that could happen, an L P on my f irst assignment?” laughed the 1L student haughtily. Smiling, she grabbed the bust and walked out of F lavelle House, ignor ing the whispers and ner vous looks of other 1L s around her. That 1L student was so delighted to obtain the bust for free that she ran all the way home, carr y ing it in her arms. W hen she got home to her tall Toronto condo building, she went into the lobby. It was completely deserted. She stood there waiting for one of the four elevators to arr ive. Two were always down for maintenance, and one was always being used as a mov ing elevator —who knows when the last elevator would come. Finally, the elevator dinged on the ground f loor. The doors opened and she stepped inside, clutching her new Bora Lask in bust tight ly. The doors closed. But the elevator did not move. The 1L got scared and began trembling w ith fear. “Oh my god,” she said to herself. “Is this the curse of the bust?” Suddenly she felt the bust move in her arms.
Ever so slowly, its head turned to face her. The 1L student wanted to scream but couldn’t make a sound. This was the end. She would never get that 1L f irm job now. The eyelids f luttered and opened. It stared at her w ith its lifeless metal eyes. Then its mouth opened and said, “Push the button to go up, lady!” Cemeter y Seance Denning and Dickson were ver y keen 2L students. Law school folk lore held that you could stir up a spir it from an old tombstone in an ancient cemeter y and ask them to predict your future at law school. The 2L s went to the cemeter y at night and set up their recorder on a particularly large and ornate tombstone. They were afraid to shine their f lashlights on the stone to see the name engraved there, as they wanted to avoid the caretaker chasing them out. Dickson turned the recorder on and said, “ We would like to speak to whoever lies beneath this stone.” In response, all they heard was a faint scratching noise that seemed to come from beneath the ground. With a calm voice, Denning requested, “Please tell us if we w ill get the courses we want in 3L .” Again, the only response was a scratching noise, so Dickson said, “ We also w ish to know our chances at OCIs. Please show yourself.”
Suddenly, both young men felt the air turn cold, and a tall, dark shadow arose behind them. The shadow moved to eng ulf them. Denning and Dickson were not afraid, hav ing sur v ived 1L recruit last year. They both realized too late that the appar ition meant to do harm to their law careers. The shadow swept down, eng ulfing them, and pulled them into the ground beneath the tombstone. The next morning, the caretaker of the cemeter y found the recorder on the ground by the tombstone. He turned it on, and after each question, he heard the follow ing responses: “ Yes…I am here.” “ You w ill never get the courses you want.” “If I show myself, it w ill be the last thing you w ill ever see. Don’t even think about getting OCIs.” “Too slow!” The caretaker quiet ly picked up the recorder. K now ing that this was the only remaining ev idence of the students’ v isit, he went to his tool shed and tossed the recorder into a pile w ith all the others. Walk ing back to the tombstone, he sighed. A nother two names to be added now. Just one name was ornately engraved in large letters above them all. Cognomos.
Ultra Vires Presents: A Spooktacular Playlist A playlist for all you goblins and ghouls HARRY MYLES (2L), ERICA BERRY (2L), AND LAUREN PAPAROUSIS (2L) Boo! The UV Playlist Committee has curated another selection of songs for this issue! Enjoy some truly terrifying bops like “Disturbia” and “Superstition” along with other hits by David Bowie, the Yeah Yeah Yeahs, and the Cranberries. https://open.spotify.com/playlist/3oZ5DzWhboS3SaGjy0l7Yp?si=c0da0f93998547a5 BEAUTIFUL METALLIC BUST OF FORMER CHIEF JUSTICE BORA LASKIN. CREDIT: FIEVEL LIM
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26 | October 28, 2021
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Top 10 OCI Disaster Moments Therapy will not be cheap after these catastrophes TOM RUSSELL (2L) AND GRACE LI (2L) With OCIs f inished and in-f irms around the corner, Ultra Vires wanted to imag ine some worst-case scenar ios for v irtual inter v iews. We don’t think there’s any topping some of these disasters but let us know if you think you’ve had it worse! 1.
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The two inter v iewers are really just one inter v iewer from two camera angles, but they absolutely refuse to admit it. Your “ inter v iew” at that hip new boutique is actually a 17-minute pitch to sell you on Avon. Inter v iewer brags about their incredible childcare program. They br ing their child on screen. You w ill be in charge of watching this child.
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“ We’re ver y proud to be rolling out our new f irm initiative to tack le mental health challenges among young associates.” Inter v iewer proceeds to hy per ventilate into a f irm-branded paper bag. Suddenly, the conversation shifts from favour ite vacation spots to the moral dilemma of whether to have children w ith an impending climate disaster. The disturbing, nude statue at the back of the partner’s of f ice has been star ing direct ly at you this whole time—oh my god, it just sneezed.
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M id-sentence, the partner obv iously throws up in their mouth a litt le bit. Ever yone pretends not to notice.
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The HR rep play fully pretends to pass you a f ile through the screen but then continues tr y ing for a disturbingly long time.
10. In the middle of behav iorals, the LSD that has been f loating around in your system for f ive years f inally k icks in again.* * It’s just an urban legend, don’t freak out.
For 10 minutes, the inter v iewers pretend that they can’t hear you, and then spend the rest of the interv iew laughing at you for wasting your one shot.
Intra Vires
Ultra Vires Totally real news Presents: from inside the Autumn Vibes law school
HARRY MYLES (2L) AND SHAE ROTHERY (2L) SLS Enacts New “Scanda l-Free” Policy Follow ing a tumultuous few weeks for the SLS, the student government has committed itself to a new “Scandal-Free” policy. At a recent meeting the SLS swore “to avoid any controversy whatsoever for at least a month.” Adm inistrat ion Celebrates a Mont h of No Scanda ls Members of the administration recent ly toasted to a month of no scandals. For once, they weren’t the subject of law school gossip and ire! Coincidence? A mazon Sel ls Out of R ing L ights R ight Before OCIs Jef f Bezos was quite sur pr ised to learn that A mazon sold out of ever y r ing light in stock by October 7. This also happens to correspond w ith law school OCIs; coincidence? I think not! A fter mak ing the connection, Bezos began to sweat profusely
because now hundreds of future law yers would be using $19 retina-burning r ing lights sure to lead to personal injur y lawsuits. Law Firm “hurt and disappointed” by Student W ho Didn’t Schedule Them for a 10a m In-Firm Inter v iew Several law f irms expressed disappointment over a student dar ing to book them for 2pm on Monday. Even more egreg ious, another f irm claimed a prospective hire scheduled their inter v iew for 4pm! This is nothing compared to the f irm w ith a *gasp* Tuesday morning inter v iew. Truly, the f irms are the ones that suf fered on this Call Day. W hen One Door Closes, A not her Opens Wonder ing why tuition is so high? The Facult y is investing thousands of dollars into new slam-proof doors. To the old doors, we say goodbye and good r iddance!
A playlist for pumpkin-picking, sweater-wearing, and pumpkin-spicelatte-sipping HARRY MYLES (2L), MISHAIL ADEEL (2L), EMMA TOMAS (2L), ERICA BERRY (2L), LAUREN PAPAROUSIS (2L), AND EMILY RAND (1L) To go along with the “Fall Starter Pack” in this issue, the UV Playlist Committee has made an “Autumn Vibes” soundtrack for the fall weather. Play it while taking in the autumn colours or staring out the window as the rain falls. Highlights include Big Thief, Boy Genius, Brittany Howard, Mitsky, and Joni Mitchell. https://open.spotify.com/playlist/0mw647SdFAx2OCHsABQyI4?si=2765e12eab684163
DIVERSIONS
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October 28, 2021 | 27
A 2021 Fall Starter Pack Everything you need to have the perfect fall HARRY MYLES (2L) WITH CONTRIBUTIONS FROM ERICA BERRY (2L) There is a slight chill in the air and the leaves have beg un to change which means we’re back, baby! It’s fall! Yes, it is f inally fall, my favour ite season and that per fect transition per iod from swelter ing summer to fr ig id w inter. The air is just cold enough to wear a comfy sweater or jacket, but not too cold that it’s unpleasant to be outside. The trees are show ing their true colours and apples and pumpk ins are waiting to be picked! Here is a starter pack to jump into that fall spir it and fully embrace the autumnal aesthetic. Honourable Ment ions: ex istential angst, bagg y shapeless clothing, increasingly large scar ves, excessive use of leaf puns on social media, pumpk in & apple f lavoured ever ything, and too many acoustic g uitars.
PSL (Pumpkin Spice Latte) A classic of the season. Need I say more? Star ing out of the w indow and watching the rain Nothing screams fall more than longingly star ing outside on a rainy or gloomy day and contemplating life. Add a cozy blanket and a nice cup of tea to complete the picture. Apple/Pumpkin picking Be sure to take lots of pictures so ever yone knows you ventured to rural Ontar io for some ole-fashioned pumpk in/apple pick ing! Bonus points if your picture includes any of the attire mentioned below. F lannels
Autumn screams cozy cottage-core and there’s nothing more woodsy than a f lannel. Blundstones/Doc Martens The fall boot of choice in Toronto, the Blundstone or Doc Marten is both st ylish and practical. Your chic feet w ill be nice and warm while you strut down leaf-strewn streets. Denim Even though denim jackets are only warm enough for a few weeks in October before the temperature plunges, they are still a must-have for any fall f it. Better yet, if you can f ind a lined jean jacket, you’ll be able to wear that baby well into November.
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A “woodsy”-scented candle You’ve got your “pine,” your “oak,” your “cedar,” and so many more tree var ieties. My personal favour ite is “ f ig + cy press” from a nift y store in Montreal. L ighting one of these bad boys w ill transform your room into an autumnal oasis, per fect for reading, tea sipping, or record listening. Sad indie music I’m talk ing about Boy Genius, Phoebe Br idgers, Bon Iver, Frank Ocean, Clairo, and Folklore and/or Evermore. A ll that slow indie music about broken hearts and lost love; the per fect soundtrack as you stare out of the w indow. Lucky for you, U V also has a playlist for these autumn v ibes.
DIVERSIONS
28 | October 28, 2021
ultravires.ca
A Guide to the Best Halloween Party How to throw the spookiest party this Halloween HARRY MYLES (2L) AND SHAE ROTHERY (2L) A few tips for throwing a great Halloween party (while abiding by all the COVID-19 guidelines). The Decorat ions Now, you could have the classic Halloween decorations like cobwebs, skeletons, and a vampire or two. Or, you could hit at the hearts of all the law student attendees and hang a couple LP exams or tuition statements. Nothing is scarier than staring at a demoralizing grade or looking at the debt you’re wracking up. The Tunes Ultra Vires has your back with our spooktastic playlist. The Costume You can check out this helpful 2020 UV guide to Halloween costumes to see some timeless outfits, or read below for more topical choices. The Soul of a Law Student The scariest costume of them all, a.k.a. our reality. What you’ll need: sunken, bloodshot eyes from both lack of sleep and too much reading; highlighter and pen stains on your fi ngers; a slight
shake in the hands from too much caffeine consumption; and Faculty of Law attire. Recite quotes from the Constitution the whole night to complete the picture. Honestly, this might be the easiest costume to pull off. The Soul of a Law Student Before Start ing School What you’ll need: a bright and sunny disposition. Oh, how I miss those days before I knew what ratio decidendi meant. The Seven Sisters This is a great group costume to collude with your friends. Picture the Weird Sisters from Macbeth but instead, it’s just seven people in corporate attire from each of the seven biggest fi rms in Canada. What you’ll need: business formal, a crisp business card, and a knack for mergers and acquisitions. A COV ID Vaccine This wasn’t possible last year, but thanks to some groundbreaking science, we now have several outfit options! Choose from the following: the Pfi zer Comirnaty, the Moderna Spikevax, the AstraZeneca Vaxzevria, and the Johnson & Johnson Janssen.
OCI Bingo: Virtual Recruit Edition SHAE ROTHERY (2L) AND KAITLYN NELSON (2L) OCIs for the year have come and gone, and now all we have left are memories. Let’s put those memories (good and bad) toward something fun—bingo!
What you’ll need: unless you can create a lifesize vial to fit in, it might be easier to just walk around with a paper label. Grimes, A $A P Rocky, or K im K ardashian at t he Met Ga la What you’ll need: Honestly, I’m not sure how you can cheaply pull off the Grimes or Kim K look, but A$AP Rocky’s quilt ensemble should be relatively easy and a great idea for an outdoor party! The Beverages: Shae’s Cocktail Corner Cocktail extraordinaire Shae Rothery has provided some Halloween recipes to really spice up the party. Alcoholic: Corpse Reviver #2 WARNING: Not for the faint of heart (it’s boozy af) Ingredients: • ¾ oz. dry gin • ¾ oz. Cointreau • ¾ oz. Lillet Blanc • ¾ oz. lemon juice
Directions: It doesn’t get much spookier than corpses! Add all ingredients to a shaker with ice, shake, and strain into a chilled glass. The best part of this recipe is that all of the ratios (no, not that kind...) are equal, so you can scale up or down as needed. Looking to make an authentic Corpse Reviver #2? Add a few dashes of absinthe before you shake. No Cointreau? Substitute Grand Marnier. No Lillet? Substitute Cocchi Americano. Neither? Scrap the Cointreau and Lillet, ditch the shaker, and add some tonic to make yourself a classic G&T. Pop in some red food colouring in for a truly ~chilling~ effect. Non-Alcoholic: Blood Orange Spritz Ingredients: • 2 oz. blood orange juice, freshly squeezed • ½ oz. lime juice • ½ oz. simple syrup • Club soda or sparkling water to top off Directions: The scariest variety of orange! Add juice and syrup to a glass with ice and stir. Finish with club soda or sparkling water.
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