Ultra Vires Vol 20 Iss 5 - February 2019 by Ultra Vires

ULTRAVIRES.CA

FEBRUARY 27, 2019

VOL. 20, ISS. 5

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

Follies Recap An entirely unbiased retrospective

LIAM THOMPSON (2L)

PHOTOS BY LAWRENCE VEREGIN (’18)

LEFT TO RIGHT: ROBBIE GRANT (2L), SUKHMANI VIRDI (2L), ADAM RAGUSA (4L JD/MBA).

LEFT TO RIGHT: LIAM THOMPSON (2L), ISAAC GAZENDAM (1L), CHRISTINA LIAPI (2L), MARK LEONARD (3L), BECKY LOCKERT (3L), ROBBIE GRANT (2L).

Law Follies: a respectable and sober evening of dramatic and musical performance of the highest quality where all participants and audience members are on their best behaviour. Much like Law Follies, the previous sentence was one big joke: this year’s Follies was as raucous as ever. The show opened relatively on time this year, with a Planet Earth documentary on law school flora and fauna narrated by Sir Liam Thompson (no relation to the author). This was followed by a rousing adaptation of “America” from West Side Story, poking fun at our colleagues who decided to migrate south in search of higher legal salaries in a country where they remain unable to get high legally. This year’s show was hosted by Cady Heron and Janis Ian/Nic Morello—played by Jen Crawford and Carly Walters, respectively. The overarching host storyline saw Cady try to fit in with the law school’s most exclusive and most turtlenecked clique: the HH Hammers. The main show saw law school-specific comedy of the kind that would make your parent/partner/ friend that you brought to the show say things like “This is what you’ve been doing instead of studying for the past month? Really?” or “What even is an HH, and why would I need a hammer for one?”. Highlights included the author being thoroughly dunked on by one of his professors going off book (PHILLIPS: And you know who the worst student is? Liam Thompson!”) an Aboriginal law-themed adaptation of The Matrix (“There is no underlying Crown title!”) a look at what it would be like if Kawhi LawNerd joined the law review, and a confused Sol Mackenzie being con-

scripted into the show with no prior knowledge of the script and subsequently committing the tort of conversion against the head writer’s exquisitely constructed Wheel of Grading. When asked for comment, the student body responded positively: “Its humour was only outdone by its insightful social commentary. Truly a tour de force that transcended the genre and is destined to go down as the highlight of the school year.” —Rory Smith (2L), Follies Head Writer and Ultra Vires Diversions Editor “THE GREATEST FOLLIES THAT EVER WAS OR WILL BE (until next year).” —Also Rory Smith (2L), Follies Head Writer and Ultra Vires Diversions Editor

LEFT TO RIGHT: JEFFREY WANG (1L), ERICA MCLACHLAN (2L JD/MPP), ROB SNIDERMAN (3L).

In all seriousness, this year’s show would not have been possible without the hard work and dedication of all cast and crew. Thank-you and congratulations to all involved. *Liam Thompson was the Production Manager for Law Follies. Law Follies thanks the cast and crew: Zach Biech, Stephanie Brazzell, Tali Chernin, Sarah Chouinard, Brittany Cohen, Gillian Cook, Jen Crawford, Ioana Dragalin, Conlin Delbaere-Sawchuk, Venky Feng, Sarah Firestone, Jackson Foreman, Isaac Gazendam, Robbie Grant, Zachary Kroll, Mark Leonard, Becky Lockert, Andrew Luba, Ben Mayer-Goodman, Kate Mazzuocco, Erica McLachlan, Ashley Qian, Adam Ragusa, Christina Roussakis, Claudia Shek, Rory Smith, Rob Sniderman, Liam Thompson, Sukhmani Virdi, Carly Walter, Honghu Wang, Jeffrey Wang.

LEFT TO RIGHT: MARK LEONARD (3L), ERICA MCLACHLAN (2L JD/MPP), BEN MAYER-GOODMAN (2L JD/MGA), SUKHMANI VIRDI (2L), KATE MAZZUOCCO (3L JD/MBA), ASHLEY QIAN (1L), BECKY LOCKERT (3L), SARAH CHOUINARD (3L), ZAC KROLL (1L), ADAM RAGUSA (4L JD/MBA).

ALSO IN THIS ISSUE RECRUIT SPECIAL PT 2

RIGHTS REVIEW

AWARD-WINNING POETRY

PAGE 13

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IN THIS ISSUE....

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

EDITORS-IN-CHIEF Chloe Magee & Honghu Wang NEWS EDITOR Matthew Prior ASSOCIATE NEWS EDITORS James Flynn & Melody Chan FEATURES EDITOR Daryna Kutsyna ASSOCIATE FEATURES EDITOR Michelle Huang OPINIONS EDITOR SuJung Lee ASSOCIATE OPINIONS EDITOR Alina Yu DIVERSIONS EDITOR Rory Smith ASSOCIATE DIVERSIONS EDITOR Vacant—apply to editor@ultravires.ca EDITORS-AT-LARGE Tom Collins SUPERNUMERARY EDITORS Rachel Chan, Lily Chapnik Rosenthal, Robert Nanni, & Norm Yallen COPY EDITOR Ioana Dragalin LAYOUT EDITOR Alexandra Fox ARTISTS Andrew Luba & Shari Nathan

ADVERTISING If you are interested in advertising, please email us at editor@ultravires.ca.

ERRORS If you notice any errors, please email us at editor@ultravires.ca.

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

Welcome back from Reading Week! In this issue, we finally release the much-anticipated results from our Class of 2020 Survey. Thank you again to those who completed the very short survey. (One individual remarked to me that UV probably knows more about him from that survey than his parents do; I like to think he meant this in jest). Rory Smith (2L) did an amazing job combing through the data to find some rather interesting and surprising insights about grades and recruit success. Professor Niblett also took some time to share his tips for Tinder success. Judging by the beautiful spread in Toronto Life of his wedding, we are definitely taking notes. We also have exciting round-ups of the recent Black Students’ Law Association of Canada’s National Conference; the Past, Present, and Future of Charities and Political Activities Conference; and the China Law Group’s annual Conference. Lastly, surprising no one, our Diversions section is again packed with the most content. We heard from you, our readers, on your favourite Yak’s Snack. We are also fortunate to feature the winning submissions for the Bora Laskin Law Library’s poetry contest. Congratulations to the winners. For everyone else, UV is always accepting submissions! —Honghu Wang (2L)

UV INDEX NEWS

Rejected 1L Exam Q.

Faculty Council

Dear Denning

SLS Budget

Intra Vires

SLS Townhall

Deks for Tinder & Niblett

Refugee Law

RECRUITMENT SPECIAL

FEATURES

Class of 2020 Survey

Tinder with Prof. Niblett

What Predicts Success?

China Law Conference

Stuff About Grades

Charity Law Conference

LRW & LPPE are Weird

Black Law Students’ Conf.

OPINIONS

RIGHTS REVIEW Survivor’s Narratives After Rwandan Genocide

Ref lections on Rwanda

IHRP Alumni Spotlight

Yak’s Snacks Review

Holding Canadian Mining Companies Accountable

Award-Winning Poetry

In Vino Veritas

Cannabis Law Club DIVERSIONS

NEWS

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February 27, 2019 | 3

Faculty Council Concerned Over Tuition, OSAP Cuts 2019–2020 Sessional Dates announced BRIAN HUANG (1L) The f ifth Faculty Council of the academic year took place on Wednesday, February 13.

Ontario Government Tuition Cut Dean Iacobucci discussed the impact of the Ontario government’s tuition cuts. He stated that by dropping tuition by 10 per cent and holding it f lat for another year, the government was only focusing on the sticker price of higher education funding. The Dean also noted that he was apprehensive that the government would yet announce cuts to the per-student grant to the law school. This grant has not changed since 1992. Additionally, OSAP funding cuts and changes to the def inition of independence (from 4 years to 6 years after secondary school) will negatively affect students, although it is unclear by how much. The Dean criticized the government for “building the car as they drive it.” The Dean said that the low grant-to-tuition ratio meant a major source of revenue would be reduced. The Dean has communicated the situation to University of Toronto administrators and hopes that the University will consider redistributing funds from lesser-impacted divisions to those with higher losses. He said that divisions with higher international enrolment would not be as signif icantly impacted as those with low international enrolment, such as Law.

Possible Solutions? Reclassifying the law school as a graduate school? The Dean noted that graduate programs get three times the grant per student than the JD program, but there is no conceivable way to get the government to reclassify the JD program as a graduate program. Increasing the headcount of JD students? Dean Iacobucci was strongly against this. He emphasized that any solution should have the smallest possible impact on the academic excellence of the law school, and one of its strengths is the small class size where everyone can really know each other. Additionally, he claimed that increasing enrolment to make any budgetary difference would mean enrolling students whose credentials were not up to the same standard as current students. Increasing donor funding? The Dean stated that he was very pleased with donor funding thus far but an increase would be unlikely.

SLS and GLSA Updates Solomon McKenzie (3L), the President of the Students’ Law Society, presented an SLS update. Law Ball ticket and Law clothing sales were ongoing. Oakes Day on Thursday, February 28 will feature lunch in Rowell and various activities around the school. On the policy side, the Student Town Hall on January 31 raised concerns about the changes to tuition and OSAP, banning laptop usage in the classroom, and contingency f inancial planning for the potential student fees opt-outs. Furthermore, he stated that the SLS is working to provide new resources for Indigenous land acknowledgements and planning a referendum regarding some of these changes. Bruno Lima Monteiro (SJD), President of the Graduate Law Students’ Association, announced that the GLSA is planning regular social events, including an upcoming ski trip, and a comparative law series run by SJD students regarding topics such as free speech and social media.

What about financial aid? The Dean remained committed to the promise that 30 cents of every dollar received from all sources would go into the f inancial aid pot. Since tuition fees would decrease, the contribution to f inancial aid would also decrease, from a total dollar perspective, with fewer dollars coming in.

Sessional Dates Associate Dean Albert Yoon gave an update regarding the sessional dates for the upcoming 2019-2020 school year. With intersession beginning next year, the major considerations are minimizing the impact on date changes and maximizing time between the end of classes and the beginning of f inals. This means pushing everything a

week forward in second semester. There was also consideration given to reducing the number of deemed Mondays and the potential of changing Reading Week from the rest of the university. Naturally, one concern was that the Reading Weeks currently coincided with 1L and 2L recruitment periods.

Downtown Legal Services (DLS) Case Update Lisa Cirillo from DLS, which is hiring 22 students this summer, presented an update of a large case that the clinic is currently working on. Craig Smith and his daughter Tiara Smith approached the clinic in Spring 2016 regarding illegal housing practices, which included discriminatory refusal of entering into a lease, landlord harassment, false allegations of missing rent payments, malicious trespass orders, and physical assault from other tenants. DLS caseworkers f iled emergency motions at the Landlord and Tenant Board and the Human Rights Tribunal of Ontario. The latter awarded the clients $60,000 in general damages, the highest ever awarded from the Tribunal in a housing case. The case is ongoing, because the landlord has not paid damages and DLS has f iled further motions. DLS is also involved with an ongoing constitutional case regarding the Safe Third Country Agreement in the refugee and immigration division.

SLS Budget Overview SLS finishes 2018 with a surplus MELODY CHAN (1L)

The Student’s Law Society f inished the 2018 academic year with a budget surplus, in contrast with 2017 when they ran a def icit of $5,832. The biggest dif ference from last year was the lack of money given to the public interest fellowship, ordinarily three grants of $6,000 that sponsor 1Ls and 2Ls for a summer public-interest legal job. Due to a wrongly-addressed cheque, the funds that the SLS had allotted for the fellowship were not taken out at the beginning of the summer. Instead, the amount was paid at the beginning of September 2018 and the 2019 budget will ref lect two years of expenses. The big-ticket item on the 2018 budget, as in prior years, was Law Ball. The group

made $44,98 8 in revenue but spent $50,811 (for a net loss of $5,823). This represents a decrease in cost from 2017 when spending on the dance and dinner was almost $60,000. The second-largest expense was the $13,000 given to student clubs, and the third-largest was the approximately $10,000 spent on orientation. These expenses are consistent with historical spending. Every year, $3,955, out of a total that varies from $8 0,000 to just over $100,000, is set aside for an auditor to compile the yearly f inancial statement. The main sources of revenue for the SLS, a non-profit organization, are student fees from the school and Law Ball.

4 | February 27, 2019

NEWS

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SLS Student Experience Townhall Students express their views on a laptop ban and other areas of concern CHLOE MAGEE (3L) On January 31, the Students’ Law Society (SLS) held a Student Experience Townhall at the law school. During the lunchtime consultation, SLS representatives and students engaged in an informal back-andforth about various law school issues. The discussion focused on four topics in particular:

1. The province’s changes to Ontario financial aid, tuition and mandatory fee levies The f irst agenda item was the Ontar io government’s recent policy reforms to f inancial aid, tuition, and student fee lev ies. SLS President Solomon McKenzie (3L) summar ized the upcoming changes (which were out lined in Ultra Vires last month) and offered several clar if ications. In particular, law school tuition w ill be reduced by ten percent for next year and w ill remain at this level the follow ing year. This means that the four percent tuition increase contemplated by the administration w ill not be implemented as planned. In terms of student aid, the changes to OSA P funding w ill af fect both the global amount of f inancial aid that each student receives ( likely to decrease) and its breakdown (more loan, less grant). One change highlighted by McKenzie as a particular concern is the extension of the time per iod dur ing which parental income is factored into funding calculation from four to six years after high school graduation. This w ill result in more students being deemed inelig ible for both prov incial and U of T Law f inancial aid, increasing student reliance on pr ivate lines of credit in order to fund law school. In response to student quer ies about whether U of T Law w ill adjust its f inancial aid policy to mitigate the ef fects of these changes, McKenzie explained that the administration, though ver y communicative on the subject, has not suggested that more resources w ill be made available. Finally, the prov ince has decided to make student fees optional (w ith a few exceptions). This would include the student fee that current ly funds the SLS. Since many, if not most, of the clubs and events at the law school are funded by the SLS, the ef fects of this change have the potential to be far-reaching. McKenzie acknowledged that while some students may understandably choose to opt out of pay ing for the SLS, this poses a r isk to the student government’s future. Considerations of fairness and accessibilit y w ill play a role in discussions going for ward. McKenzie also clar if ied that it would be ver y dif f icult to dissect the fee into smaller components (to g ive students the option of prov iding partial funding), since SLS funding is currently portioned out to a large number of activ ities and events.

2. The proposed laptop ban in U of T Law classrooms The discussion then shifted to the laptop ban, a proposal that attracted substantial criticism from the students in the room. Kristy Wong (1L , St AG Rep) explained that a group of U of T Law professors, who consider laptops a distraction, have proposed a Faculty-wide ban on laptop use during lectures. The ban would not cover laptop use outside of the classroom or during exams. The school’s current policy allows professors to ban laptop use during their lectures on a discretionary basis. Students at the town hall were strongly opposed to the proposed ban for a variety of reasons. Many students, while acknowledging that laptops may create a distraction, pointed to less drastic available means of addressing the issue. These included dividing classrooms into a laptop side and a nonlaptop side, and turning of f the wif i in classrooms (although some felt this solution would ignore the legitimate benef its of Internet availability during lectures). Other students noted that the ban risks painting the law school as regressive, and suggested that professors should instead receive training on incorporating technolog y into lectures with a view to increasing class participation. Some students expressed concern that the ban would create an even bigger hurdle for students who rely on notetakers. Finally, some went so far as to characterize the limitation on student choice as paternalistic, opining that professors are not automatically entitled to students’ attention. One student commented, “I rip solitaire in class all the time—I do f ine.” When asked whether phones and other devices would be captured by the ban, the SLS expressed doubt that this had been considered at the present juncture.

3. U of T Law’s website and headnotes SLS Vice President Morgan Watkins (2L) announced that the school has hired a web designer and is seeking student feedback to identify potential improvements. Several students voiced frustration with the functioning and design of the Faculty’s e.Legal portal. Some disapproved of the multiple login requirement to access their class schedule, and others described the student directory as “creepy.” Students were reminded that they may request to be removed of f e.Legal or may edit their details on the portal, but that groups such as the SLS rely on the portal to obtain student email addresses. Students also recommended that improvements be made to the design of Headnotes, which currently appears in student inboxes each week as a lengthy list of announcements and events. When asked whether they log in each week to read Headnotes, the overwhelming majority of those present did not raise their hands.

Concerns about Quercus were also raised—specif ically, the initial waiting period at the beginning of each semester —but students were reassured that the kinks associated with this platform are being ironed out and should improve with time.

4. The Career Development Office (CDO) In response to the SLS’s request for feedback on the ef fectiveness of CDO interactions and communications, several 1L students described dif f iculty in securing an appointment with the CDO in the weeks leading up to the 1L recruit. Additionally, 1L JD/MBA students expressed their frustration with the dearth of information offered by either faculty regarding questions such as whether to participate in the 1L recruit and whether students can participate on the executive of a law school club in their MBA year. McKenzie clarif ied that, for SLS at least, students can participate on the SLS executive in their MBA year as long as they have paid the SLS fee.

One student proposed that the CDO hold a short one-on-one meeting with each student upon entering law school to explain the process and answer questions. McKenzie explained that the CDO is in the initial stages of considering whether something along those lines is feasible.

5. “What’s grinding your gears?” When the conversation was opened up, students argued in favour of more substantial feedback on exams from professors, requested that a specif ic date and time be announced for the release of grades (subject to changes) to avoid rumours and confusion, and questioned whether DLS should be graded on a curve against the whole clinic. A further suggestion was made that law students receive the option to enrol in one or two law school courses of their choosing as credit/no credit. SLS has distributed an anonymous Google feedback form seeking further feedback on these (or any other) topics.

NEWS

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February 27, 2019 | 5

Refugee Law at the University of Toronto Networking and volunteering with the Faculty’s Canadian Association of Refugee Lawyers student chapter CAMERON COTTON-O’BRIEN (1L) A lthough the Universit y of Toronto has been home to a student chapter of the Canad ian A ssociat ion of Refugee Law yers for the last couple of years, this school year has seen a marked expansion in the club’s membership. Fitt ingly, this year, CA R L U of T organized its f irst net work ing event to br ing together law students and refugee law pract it ioners on Febr uar y 13. A s CA R L U of T Co -chair Enba l Singer (3L) explained, this sor t of net work ing event is one of the main act iv it ies the club str ives to engage in. “A CA R L chapter is a way for students to access the larger CA R L net work of refugee law yers,” she said. Accessing the larger net work is especia lly impor tant in a f ield like refugee law, she elaborated, as most refugee law yers tend to either work as solo pract it ioners or op erate in sma l l f ir ms. Given the limited resources available, there isn’t the same sor t of clear path into a refugee law career as there is in a f ield like cor porate law. Not only d id the students seem to enjoy the

event, but the law yers d id as wel l. wanted students who could commit to a “A l l the law yers we contacted were like, week ly shift. Kepha las was doubtful that that’s a g reat idea … [and want] to come in busy law students would be inclined to this future years,” said Singer. level of commitment, but co -chair Rachel Beyond net work ing, this year, CA R L U Br yce suggested they see who might be inof T has prov ided a year-long volunteer ing terested, and found a sur pr ising number oppor tunit y at the FCJ Refugee Center. w il ling to do so. Co -chair K r isten Kepha las (2L J D/MGA) One of the unique aspects of this volunvolunteered at FCJ one summer as an unteer oppor tunit y is attr ibutable to its quaderg raduate, and had such a posit ive expesi-lega l nature. A s Kepha las noted, “It is r ience she was deternot as lega l as some of mined to go back. the other clinics at the “This was the per fect U of T [and so] law stu“Law students... get to dents ...get to d ive in oppor tunit y,” she said. “Not only can I go back, r ight away.” dive in right away.” but I can br ing a bunch of Kepha las is not k idlaw students w ith me.” d ing about the involved W hen Kepha las f irst nature of the work—I reached out to FCJ to init iate the prog ram, k now because I am one of the 1L volunhowever, there was a problem. Kepha las teers who sig ned up. We had attended a thought that law students would likely be g roup training session the week pr ior, but I w il ling to commit to a shift once per was st il l over whelmed by the task when month, but g iven the ongoing nature of the g iven a thick f ile and a computer ter mina l work (f iles are t y pica l ly developed over to work at that f irst day back in October. severa l consecut ive weeks) the center only

The pr imar y act iv it y student volunteers help w ith at FCJ is compiling Humanitarian and Compassionate ( H&C) g rounds claims. These claims are submitted on beha lf of ind iv idua ls who have had their refugee claims denied for var ious reasons. H&C claims are the last oppor tunit y for these ind iv idua ls to remain in Canada. So, you can imag ine the pressure this places upon student volunteers. Of course, a l l the volunteer work is careful ly super v ised and inspected by FCJ staf f, but there is no better oppor tunit y for students to exper ience the high-stakes env ironment of refugee law. It has been eye-opening and rewarding for me, and I could not recommend enough that other students take the opportunit y for themselves if they are at a l l interested in this unique and impor tant area of the law. For tunately, a l l who would like to w il l have the chance to get involved. “In the fa l l, we w il l be r unning another g roup training [session],” said K apha las. In the meant ime, be on the lookout for other CA R L U of T sponsored events.

FEATURES

Prof. Niblett’s Tinder Tale Nibble on some juicy gossip SARA TATELMAN (2L) Toronto Life magazine recent ly ran an article featur ing the September wedding of our own Professor A nthony Niblett and radiolog ist Dorota L inda. If you’ve read it, you may have picked up several fun facts about Nibs: he likes his tuxes simple and not too shiny, his favour ite cocktail is a Manhattan, and it’s not uncommon for him to dance to Neil Young. You’d have also learned the couple met on Tinder, and Dr. L inda sw iped r ight because of Niblett’s bio (6’5” Br itish-Australian law professor. L ife’s too short but I’m not). A nd don’t you want to know more? Dur ing our inter v iew, Prof. Niblett stressed numerous times that he doesn’t have any concrete adv ice for those now play ing Tinder, but nevertheless agreed to answer some deeply invasive personal questions. It is my hope (not his) that learning more about this Tinder-fuelled happily ever after w ill impart some w isdom on baby law nerds sw iping for love.

Craft a compelling profile “A s far as I recall, there were three things I would always see on prof iles,” Prof. Niblett says. “One was basically ‘L ife's too short, let's do something.’ A nother one was, ‘I have certain height requirements— I w ill not date people under 5'8 ”,’ or something like that. A nd the other was Mar ilyn Monroe quotes, which seemed to be ever ywhere. My ver y short prof ile bio was basically just tak ing into account those f irst two pieces of information.” A s for the f ive photos on his prof ile, Prof. Niblett declined to share details, but noted that “ it is possible” his facult y photo was among them.

Be patient Dr. L inda met Prof. Niblett on her f irst ever Tinder date, Toronto Life reported, but he had been on Tinder for about a year beforehand. Dur ing that time, he’d been on “more than f ive dates but fewer than a

thousand.” A nd since this was 2014, Bumble, Hinge, and Cof fee Meets Bagel weren’t yet on the scene, so Nibs was str ict ly a Tinder-er.

as an option in the f irst place. “To be honest, I probably wouldn't have been in many students' prof iles g iven my age,” he says.

Stop with the terrible puns

Be flexible

W hen f irst messag ing a Tinder match, “always ask questions,” Prof. Niblett says. “No one liners. A lways put a question in there. That would be the one piece of adv ice I would g ive.” Dr. L inda followed this adv ice when she messaged f irst, ask ing “How did a Br itishAustralian law professor f ind himself in Toronto?” Niblett’s response? “I'm not sure I have found myself just yet.”

Screen judiciously No educator wants to f ind themselves inadvertent ly sw iping on a student. Niblett’s minimum age requirements were high enough to prevent students from appear ing

Nibs is, of course, a professor. His w ife is a physician. I was cur ious as to whether he had always aspired to be part of a power couple. “Good Lord, no,” he says. “I was not look ing for anything in particular at all.”

Make offerings to Lady Luck Tinder is an algor ithm game and players have no idea how it’s going to shake out. “I have to reiterate how incredibly lucky I am,” Prof. Niblett says. “ You're basically ask ing somebody who has won the lotter y what their adv ice is on pick ing numbers.”

6 | February 27, 2019

FEATURES

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China as the New Hegemon Report on the Sixth Annual China Law Conference EMILY TSUI (2L JD/MGA) Panel Two: Trade and One Belt One Road

CHINA’S ARCTIC AMBITION” ON THE TRADE AND ONE BELT ONE ROAD PANEL. LEFT TO RIGHT: THOMAS S. AXWORTHY, D’ARCY WHITE (2L), GIL LAN. NOT PICTURED: CYNDEE TODGHAM CHERNIA, JULIA QIN. PHOTO CREDIT: MAISY TSUI

For the past six years, the China Law Group has held an annual conference and organized a studentled discussion group on current issues related to the law in China and to China in international law. The annual Conference is unique in Canada: it is the only venue that brings together international and Canadian scholars and students to discuss these subjects. Each year, the students of the China Law Group select the topics of the conference based on pressing issues in Chinese law and in CanadaChina co-operation. Recent reports of Canadians kidnapped in China, large-scale detention camps of Uyghurs in Xinjiang, and extensive dredging activity in the South China Sea have captivated the attention of many Canadians over the past few months. The China Law Group saw this interest manifest in the outstanding attendance at the Sixth Annual China Law Conference, held on Saturday, February 2, 2019, at the Faculty of Law. Over 140 individuals, including University of Toronto students, law students from across Ontario, and residents of the the Greater Toronto Area, attended throughout the day. The three panels discussed the South China Sea Dispute, Trade and China’s “One Belt One Road” Initiative, and Human Rights and Ethnic Minorities of China. Twelve experts from across North America delivered presentations and answered audience members’ questions.

Panel One: South China Sea Dispute Set within the vague boundaries of nine dashes drawn in an U-Shape on a 1947 map, China’s claim in the South China Sea is nothing short of ambitious. The Sea is strategically and economically important to the global economy: over $3 trillion USD of trade passed through the Sea in 2016, including over half of the world’s oil tanker traffic. Chris Chung, a PhD candidate from U of T’s Department of History, remarked that, for China, this Sea is also significant to its national identity. Chung noted that this view is reflected in China’s position that it has “historic rights” in the area. Canada also uses the “historic rights” argument to assert its position over the Northwest Passage in

the Arctic. But the force of that argument in international maritime law is unclear. In her helpful explanation of the United Nations Convention of the Law of the Sea (UNCLOS), which governs waterways and the high seas, Elizabeth Riddell-Dixon, Professor Emerita from the Department of Political Science at Western University, noted that while the UNCLOS is a comprehensive treaty, it makes no mention of “historic rights”. If China were entitled to exercise sovereignty over the Sea, its construction activities of building islands and military bases would have been legally permissible, provided those activities would not interfere with the ability of other states to transit in the Sea. As things stand, it is unclear how China’s assertion of “historic rights” rights affects its legal rights in the area. That issue came to the fore in the Permanent Court of Arbitration’s 2016 decision of Philippines v China, which focused on the legal status of the features in the Sea. In an engaging lecture, Ted McDorman, an internationally renowned maritime law scholar from the University of Victoria, recounted that the arbitral tribunal’s decision made it clear that China’s actions in building islands gave it no additional legal rights, and could not generate exclusive economic zones. On almost all issues raised before the tribunal, China lost. China did not appear before the arbitral tribunal, stating that the tribunal lacked jurisdiction. China saw the question of its rights in the Sea as a political issue, not a legal one, and therefore beyond the reach of the tribunal. Although McDorman believes that China’s legal argument has merit, he also believes that the country’s decision to not appear before the tribunal was primarily a political statement. Regardless, Nong Hong, the executive director of the Institute for China-America Studies in Washington, pointed out that China’s non-appearance was not without precedent. For instance, Russia did not appear in the Arctic Sunrise case, and neither did the United States in Nicaragua v United States. According to the panelists, it is likely that the Philippines’ dispute with China will remain legally unresolved as China continues its dredging activity. Any resolution is likely to be a political one.

China’s “One Belt One Road” Initiative (OBOR) is a global economic development plan that aims to engage up to 68 countries with one third of the global GDP, 70 per cent of the known oil reserves, and nearly two-thirds of the world’s population. Thomas Axworthy, Chair of Public Policy at Massey College, explained that these ambitions have global reach, including the Arctic region. Gil Lan, Professor of Management at Ryerson University, argued that the Chinese view themselves as a returning, not ascending, superpower, and OBOR is symbolic of this perception. However, for investors and countries to have confidence in OBOR, there must be credible dispute resolution mechanisms. It is presently unclear how China might react to unfavourable rulings. In response to OBOR, nervous of China’s economic influence, the United States has placed what Lan called a “poison pill” within the text of the United States-Mexico-Canada Free Trade Agreement (USMCA), and has taken steps to place Canada squarely on the side of the US. If Canada negotiates a trade deal with China, a non-market-economy third country, Canada may be kicked out of the agreement. If this provision was not sufficient to keep Canada’s support, the US is carrying on a trade war with China and has issued an arrest warrant for Huawei’s CFO. Cyndee Todgham Cherniak, founding lawyer of LexSage, believes that these actions may have drastic consequences for Canadian businesses. She offered practical advice for companies working in China or with Chinese companies, such as adopting verifiable compliance procedures for export control laws and updating government contact lists. It is now especially important for individuals to ensure that their business activities comply with domestic trade laws. Julia Qin, law professor at Wayne State University in Detroit, argued that the the US feud with China—although aggravated by OBOR—really finds its origin in a technological rivalry. The US believes that China engages in state sponsored cyber theft of US intellectual property through forced technology transfers in contravention of section 301 of the 1974 US Trade Act and World Trade Organization commitments. Forced technology transfer is a government market-access condition that requires a foreign person to transfer technology to a domestic company as a condition for doing business in the country. American firms are increasingly doing business in China, and they are wary of China’s monopsony power that could deprive them of their profits. Ultimately, China’s growing economy poses both opportunities and challenges. OBOR is an opportunity for underdeveloped states and regions to gain access to capital. In addition, China’s large economy presents huge potential profits for Canadian and American businesses. At the same time, the US’s restrictive trade measures and anti-China stance damages investor confidence in both markets, as does China’s long-standing practice of forced technology transfers.

Panel Three: Human Rights and Ethnic Minorities of China The detainment of over one million Uyghurs, a Muslim ethnic minority in China, in Xinjiang’s “open air prisons” demonstrates China’s heavy handed control over minorities in no uncertain terms. Individuals have been detained for activities as innocuous as abstaining from cigarettes or eating breakfast before sunrise. China uses both high technology and rudimentary surveillance techniques to monitor the Uyghur population. These actions are intended to destroy the Uyghurs’ cultural heritage and to force their assimilation into Chinese culture. The result is what Louisa Greve, Director of External Affairs of the

Uyghur Human Rights Project in Washington, DC, calls a “laboratory of oppression” in China. Given these mass human rights abuses, many Uyghurs are fleeing China. However, the Chinese government has largely refused to issue or renew passports, rendering these individuals stateless. Mehmet Tohti, a Uyghur human rights activist, notes that stateless individuals are entitled to certain legal protections under the 1954 UN Convention Relating to the Status of Stateless Persons. Those protections include freedom of religion and education of their children to the same degree as citizens. Yet the Convention’s limited ratification constrains its force in influencing states’ behaviour. Chinese control over its minorities does not end at its borders. In a compelling presentation by Masashi Crete-Nishihata, Director of Research at the Citizen Lab, it became clear that China monitors the online activities of Tibetan diaspora through a cheap and simple method. Setting up a program to send emails with links or attachments infected with malware cost about USD $1,000. The trick to the programs’ success was social engineering: crafting emails enticing enough for individuals to open them. At the same time, protecting people only requires the basic education to not open suspicious emails. Ninety-five per cent of attacks have been thwarted that way. China’s control over its population extends to Hong Kong as well, the most prosperous and liberal region of the country. Alvin Y.H. Cheung, JSD Candidate at New York University, discussed the recent history of the Chinese state suppressing the freedom of expression in Hong Kong. In 2014, the Yellow Umbrella movement demanded greater freedoms for the population, and soon after the Hong Kong National Party (HKNP) was formed. In 2018, the Chinese government banned the HKNP. The government had four justifications: first, advocating for independence is against Hong Kong’s Basic Law; second, freedom of speech does not cover calls for independence; third, self determination is the equivalent of independence, which is not permissible; and fourth, the right to advocate independence is tantamount to advocating for independence. Tohti and Greve observed that the international response to China’s various human rights abuses has been muted. This is most likely due to the China’s economic influence—a sort of “cost of business” dilemma. However, there is reason to be optimistic. International attention to the Uyghur detention crisis is growing, and countries are increasingly calling on China to halt its oppressive tactics.

Conclusion Although the China Law Conference focuses on China, this year’s talks demonstrated that China’s rising position has implications for Canada. Whether it is Canada’s “historic rights” claim over the Northwest passage, global trade relations, or human rights obligations, understanding China is vital for Canada’s own legal interests. In a globalized legal market, Canadian law students must do more to learn about China. It is absurd that Canada’s best law school does not offer more programming—outside of a student-run group and conference, and one intensive course—for students to explore the Chinese legal system and China’s role in international law. The China Law Conference is a crucial initiative to bridge this knowledge gap, and is only made possible because of several key supporters. The China Law Group is extremely grateful to our faculty advisors, Professor Hamish Stewart and Professor Sida Liu, who were instrumental in securing funding, speakers, and assisting us in all parts of the club. We are also grateful to the following conference sponsors, who support us every year: Bennett Jones, McMillan, Sullivan & Cromwell, Jones & Co, Scotiabank Fund at the Faculty of Law, Asian Institute at the Munk School, UTSU, and SLS.

FEATURES

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February 27, 2019 | 7

The Past, Present, and Future of Charities and Political Activities Conference Changes to the Income Tax Act increase charities’ freedom to engage in non-partisan political activities TALI CHERNIN (3L) Last July, Justice Morgan of the Ontario Superior Court concluded that the Canada Revenue Agency’s 10 percent esources cap on political activities posed an unconstitutional restriction on charities’ freedom of expression. On February 8, the Charity Law Interest Group, in partnership with the Osgoode Charity Law Association, and with support from Law Union, Animal Justice, and others, hosted a conference to try and explain the implications to the charitable sector. The conference focused on the federal government’s amendment of the Income Tax Act and the corresponding updates to CR A policy. The change would permit unlimited nonpartisan political involvement under the new category of public policy dialogue and development activities carried on in furtherance of a charitable purpose. Professor Adam Parachin from Osgoode, the f irst speaker of the day, gave participants an overview of the history of charity law, in-

cluding its reliance on common law for what constitutes charitable purposes and activities. He also provided an overview of how political activities had been treated as noncharitable. Professor Parachin highlighted the need to maintain a separation between charity and government. He noted that simply because something constitutes a charitable goal does not mean that it should become a goal of state actors. For example, a religious charity may have charitable goals, but a theocracy is not desirable. This overview was followed by the CR A’s f irst public presentation since releasing draft interpretive guidance on the above-mentioned changes to the ITA. Zachary Euler came to explain how these changes will affect charities in Canada and reminded participants that the CR A is soliciting feedback about these revisions until April. Mr. Euler clarif ied that although charities may now engage in public policy dialogue, they were still restricted from using any resources to engage

in partisan activities such as supporting or opposing specif ic parties or candidates. The charity’s purpose must likewise not refer to political activities. If a charity chooses to engage in public policy dialogue, it must be consistent with its apolitical purposes and it must provide a public benef it. The changes to the ITA have not been universally well received. Gail Picco, a charity consultant and strategist, noted that these changes would likely favour large charities which already have inf luence, and organizations whose advocacy may not benef it all Canadians (such as groups advocating against public health care and education, religious tolerance, etc). Robert Hayhoe, a partner with Miller Thomson’s Charity Group, countered that the effects Gail feared were likely already possible under the previous law. The f inal panel included Cathy Taylor from the Ontario Nonprof it Network, Bruce MacDonald from Imagine Canada, and Tim Gray from Environmental Defence. They

echoed the continued need for separation between government and charity but celebrated the reduced limitations on and greater clarity for charities. In particular, they highlighted the substantial reduction in administrative costs associated with the new model, as charities are no longer required to account for every minute and dollar that relate to the nebulous concept of “political activity.” Likewise, for some organizations, the most effective way to support their goals has been to drive public policy and so this frees up resources that would otherwise have been tied to less effective programming. Although there is still much ambiguity about how these changes will play out in charity law, participants are now better prepared. *Tali Chernin is an executive member of the Charity Law Interest Group and she is the Director of Animal Justice.

Recapping the National Black Law Students’ Association Conference Reflecting on being black in the legal profession REBECCA BARCLAY NGUINAMBAYE (1L)* On February 14, the U of T Law chapter of the Black Law Students’ Association travelled to the national BLSA conference in Ottawa. The theme this year was “Pushing Excellence to Higher Heights,” and there was a signif icant focus on the benef its of mentorship, network building, and how students can increase black representation in the legal profession. A lexander Ikejiani, counsel at the Department of Justice, Environmental Law, was the opening keynote speaker. He emphasized the importance of being in control of one’s identity and being prepared for any reaction to it. He acknowledged that black professionals are still likely to face hostility, ignorance, and the need to “prove ourselves” over and over again. He emphasized the need to be prepared to shine in any situation and to use others’ underestimation to one’s advantage. The intersection of being black and fe-

male can be especially burdensome to professional growth. At a female-only panel on Saturday morning (aptly named “Sister to Sister”), the aim was to build each other up and remind students that it is not necessary to be Superwoman all the time. (A parallel “Brother to Brother” panel had the male students tackle issues unique to their intersectional identity). One female student expressed guilt at not leading every black rights event, and asked the panelists about how to cope with that guilt. The panel, and audience, emphatically assured her that our main goal should be to receive a comprehensive education, just like every other student; there was no shame in not spearheading every cause. It was an encouraging message. The panelists also took a few moments to discuss the complexities of black hair and professionalism. The verdict is in: it is not about natural hair or weaves—it is about

conf idence. We are all learning to accept and celebrate ourselves in all our beautiful variations; that is what to expect going forward. There was a wonderful array of braids, micro-braids, dreads, wigs, weaves, afros, twists, coloured, wrapped, gorgeous natural curls and more on display at the conference. We were a f lurry of colour and expression and pride. There was also a guided tour of the Supreme Court. While the gender-inclusive group photo of the justices was inspiring, it was a reminder of what was still missing — not a single justice appointed to the Court since it was established in 1875 has been black, or even non-white. At the gala, Justice Marlyse Dumel of the Ontario Court of Justice was the keynote speaker. She encouraged attendees to not be afraid to reach for positions and opportunities outside of our comfort zones. She said the black community is a strong support

network that can help us achieve and excel. The BLSA Chapter of the Year was also announced: Thompson Rivers University took home the prize. Closer to home, the U of T BLSA is planning a conference for black undergraduate students on March 2, to increase black representation at the law school. Overall, the conference was inspiring, enlightening, and a whole lot of fun. While the event was dedicated to black law students, it is our aim, as the U of T BLSA, to shine alongside our friends and peers; we are grateful for their support and interest in the issues and triumphs within the black community. Please feel free to contact us about our experience at the conference. We can all benef it from more diversity in the legal profession. *Rebecca Barclay Nguinambaye is an executive member of the U of T BLSA.

OPINIONS

8 | February 27, 2019

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In Vino Veritas Bold reds, budget prices TOM COLLINS (2L) As someone who grew up in Ottawa, and who studied in Montreal, I’m apprehensive about bemoaning Toronto’s winter. We usually have it mild down here. But that doesn’t mean that I don’t f ind myself craving coziness right about now. ’Tis the season of hearty stews and evenings by the YouTube yule log, heavy wool sweaters, and competitive moots. OK, so, that last one is more “hellish” than “hygge”, but nothing pairs quite so well with a big red wine as existential dread. Speaking of mooting, there is a trick to oral submissions. When a judge asks you a question, take a sip of wine before answering. That will give you time to think about the f lavour prof ile, and it will take the edge right off. Not mooting right now? Then just open one of the bottles below and let its warmth envelope you.

Tom

I recent ly found myself in LCBO, look ing for a w ine to pair w ith the spaghetti and meat less meatballs that I was planning to make. Exper ience told me that a Sang iovese would probably work well; I needed that acidit y to stand up to the tomato sauce. So, I reached for a bott le of Borgonero Borgo Scopeto 2015, a Sang iovese blend for $18 .95. I’m happy to conclude that it was great value. Borgonero is this beautiful, deep, dark, and dense magenta colour. The nose offered something like mulled Welch’s grape juice, w ith faint spiciness, and hints of other dark fruits. I got more red fruit on the palate — especially strawberr y. There was also a hint of sour cherr y. This is a wonderfully smooth w ine, w ith ver y f ine tannins. It’s medium-bodied, but it has plent y of personalit y. A nd although it turned out not to be particularly acidic, it paired well w ith the rosé sauce I ended up mak ing.

Amy

If you adore the structure of a good Cabernet Sauv ignon but can appreciate a lighter fruit y aroma common to w ines like the Merlot or Gamay, then I recommend that you pick up a bott le of Montecilo R ioja Reser va 2015 the next time you are at an LCBO. For less than $15 dollars a bott le, this red w ine w ill steal your heart but not your bank account. The dominant grape var iet y in R ioja blends is the Tempranillo, which is indigenous to Spain. This is a dr y, medium-bodied w ine has a mature palate of red fruits, cacao, and a hint of spice tied together by the Tempranillo’s signature notes of leather. Spanish Reser va w ines are required to age for at least one year in oak so expect a linger ing earthy f inish. This R ioja is versatile and generous w ith dif ferent food pairings, limited only by your imag ination. Tr y it w ith classics like a r ibeye steak and roasted vegetables, or exper iment w ith sushi, or spicy cuisines.

Kimia

Columbia Crest H3 Cabernet Sauvignon 2016 is a full-bodied and smooth Washington red, which can be found in the LCBO Vintages section for $19.95. On the nose, this wine is fruity and rich. There are notes of blackberries, spices, and herbs on the palate. It is sweeter and more approachable than your average dry wine. It has a slightly bitter finish when notes of coffee and vanilla become noticeable. This is a good wine for a casual date night and pairs well with homemade burgers and cheese boards. Overall, a great experience for under $20 — just let it breathe for about thirty minutes before serving. How about heading south for the winter? Trivento Malbec Mendoza Reserve 2017 is a dark and flavourful Argentinian Malbec that is a must-try for those who like dry, full-bodied wine. On the nose, it is oaky, bold, and spicy. The ripe dark berries and plum flavours are carried all the way through to the long finish, at which point hints of licorice and dark chocolate become apparent as well. This is an exciting and enjoyable wine for a movie night with friends and pairs well with a variety of comfort foods and grilled meats. As with the Columbia Crest H3 wine, it needs to decant for a while, but for $13 at the LCBO it is very worthwhile.

Introducing You to U of T Law’s Newest Club: The Cannabis Law Club! A joint venture in a budding industry BEN BARRETT (1L), ERNEST TAM (1L), BEN PERSOFSKY (1L), AND ZACH LECHNER-SUNG (1L)* We are excited to announce that the Faculty of Law now has Canada’s first cannabis-law-related club, the Cannabis Law Club (CLC)!

The Idea for CLC During Clubs Fair, we were surprised to see that there was no cannabis law club. Medical marijuana had been legal for years, there was a substantial amount of M&A activity in the industry and the legalization of recreational marijuana was imminent. After attending a Dean’s Leadership Lunch with Paul Rosen (‘88), co-founder of PharmaCan Capital Corporation and Tidal Royalty Corporation, and a Lawyers Doing Cool Things event with Matthew Mundy (‘12), General Counsel of Canopy Rivers, we were inspired to educate others about the industry and how they can get involved. We are proud to announce our Intro to Cannabis Law panel on March 7, focusing on this unique new practice area and the paths within it. We have an all-star lineup for our panel, featuring speakers from Aphria Inc., Canopy Growth Corporation, Cassels Brock

& Blackwell LLP, and Davies Ward Phillips & Vineberg LLP. Although the club is less than a month old, we have big plans. We plan on publishing a per-issue column on Ultra Vires sharing news and updates in cannabis law. Because cannabis touches on so many different areas of law, we also plan on holding events related to fields outside of business law, including employment and labour, health and criminal. We also want to make it clear that CLC is a club solely focused on the legal and business aspects of the industry. We are not hosting events where we smoke in a circle while jamming out to Cypress Hill’s “Everybody Must Get Stoned” in the background. So once again, please attend our panel on March 7—if anything, come for the chow mein, fried rice and sweet and sour chicken we’ll be serving. Please RSVP on Facebook as our funding for food depends on it! *Ben Barrett, Ernest Tam, Ben Persofsky, and Zach Lechner-Sung are Co-Founders of the U of T Law Cannabis Law Club.

February 27, 2019 | 9

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RIGHTS REVIEW The International Human Rights Program at the University of Toronto Faculty of Law An independent student-led publication Co-Editors-in-Chief: Anne-Rachelle Boulanger (4L JD/MGA) & Brenda Chang (3L) Senior Editors: Chelsey Legge (4L JD/MPP) & Emily Tsui (2L JD/MGA)

THEY LIVE ON: SURVIVORS' NARRATIVES OF EMPOWERMENT 25 YEARS AFTER THE RWANDAN GENOCIDE

By Mehak Kawatra (2L)

Sexual violence has been used as a gruesome weapon of war for generations. But in a groundbreaking judgment, The Prosecutor v Akayesu (1998), the International Criminal Tribunal for Rwanda recognized that conflict-related sexual violence is an act of genocide. During the 1994 Rwandan genocide, perpetrators used sexual violence as a primary means of ethnic cleansing against the target group. “Rape was the rule, and its absence the exception.”

ages were raped in private and in public, in full view of their loved ones, neighbors, and strangers alike. Their bodies were mutilated, dismembered, and left to rot in the middle of roads, among the bushes or in ditches, and in churches. Tutsi men were not spared; while most were generally murdered, some also suffered brutal sexual violence, sometimes at the hands of female perpetrators. Perpetrators living with HIV raped Tutsi "cockroaches", as Hutu extremists saw them, and sought to intentionally infect victims with the virus as a means of decimating the Tutsi population.

Through intimate testimonials provided by genocide survivors, The Men Who Killed Me project redefines justice and resilience in the afterThe Men Who Killed Me: Sequel math of the Rwandan genocide. This year, the IHRP team had the opportunity to travel to RwanThe Men Who Killed Me (2009) provides a glimpse da and re-interview some of the survivors feainto the lived experiences of genocide survivors, tured in The Men Who Killed Me (2009) for its se15 years following the genocide. Through their quel, And I Live On: The Resilience of Rwandan powerful testimonies, 17 survivors shared their Genocide Survivors of Sexual Violence, set to be stories, detailing the devastating, long-lasting, released next month. As a clinic student, I had the and intergenerational consequences of genocidal opportunity to work with the International Human sexual violence. ComRights Program, and IMmon themes of social PACT, a Dutch research stigma, injustice, poverty, “Cheaper than AK-47s or organization focused on and sickness run through conflict-related sexual viogrenades or scud missiles, rape each of these narratives, lence, to develop the seis biological warfare. It not only and reveal unique jourquel. I helped to prepare neys of survival, justicewounds women in the moment and review the survivors’ seeking, and resilience in it occurs, but it lodges forever testimonials, and to develthe aftermath of the in consciousness, in body, in op an introductory chapter genocide. focused on the incidence communities, in families.” Ten years following the of conflict-related sexual - Eve Ensler, December 11, release of The Men Who violence in the world. Killed Me, the IHRP, in 2008, Afterword to The Men collaboration with IMWho Killed Me. The Rwandan Genocide PACT, is publishing a sequel, And I Live On. In The one hundred days of time for the genocide’s twenty-fifth commemorathe genocide against the Tutsi in Rwanda began tion, And I Live On shares new testimonials of the in April 1994, after an airplane carrying Hutu Pressame survivors or their surviving relatives. These ident Habyarimana was shot down. While the narratives depict the survivors’ progress over the President’s assassination served as the catalyst past decade, as they strive to heal and restore to the ethnic cleansing of Tutsi, tensions between their dignity. They are reflections of empowerHutu and Tutsis were rife long before then. Under ment, restoration, and justice in the context of the influence of Belgian colonists in Rwanda, the survivorship. In the face of continued sickness, Tutsi minority occupied positions of power and trauma, and poverty, the survivors’ leave behind socioeconomic wealth relative to the Hutu majorlegacies from their efforts to rebuild their homes, ity. Despite cultural similarities between the two families, and careers. groups, the Belgians perceived Tutsi as more European looking than their Hutu counterparts. Through a system of ethnic identification, the Conclusion colonists granted Tutsi social and economic priviIn 2019, the Rwandan genocide lives on in the lege in society. Decades before the 1994 genomemories of survivors who have since spent cide, stories of conflict were already being written: nearly twenty-five years rebuilding their lives. The Hutu extremists, embittered by colonial injustice, novelty in the And I Live On project is its emphatargeted Tutsi by robbing their homes, setting sis on survivors’ resilience and empowerment intheir houses on fire, destroying their property, and stead of victimhood. Their fight for justice is not even murdering them with impunity. found in legal proceedings. Rather, it persists in In 1994, in the span of three months, between their hearts and minds, as survivors strive to 250,000 – 500,000 victims were raped or sexually achieve reconciliation and peace for generations assaulted. Perpetrators of sexual violence includto come. In focusing on empowerment and redeed the Hutu militia, the Presidential Guards, milivelopment, this project does further justice to the tary soldiers of the Rwandan Armed Forces, the victims by shifting the stories from the perpetraRwandan police and civilians, and even French tors’ acts to the survivors’ enduring responses. soldiers under a UN-mandated mission to secure These voices live on, to be heard and recognized a humanitarian area. Women and children of all by a listening world.

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PHOTO CAPTION: A STATUE OF MARY OVERLOOKS VICTIMS’ CLOTHING INSIDE THE FORMER CHURCH AT THE NYAMATA GENOCIDE MEMORIAL. THE REMAINS OF 50,000 PEOPLE ARE BURIED AT THE COMPOUND. PHOTO CREDIT: SAMER MUSCATI.

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rightsreview

10 | February 27, 2019

By India Annamanthadoo (2L)

RIGHTS REVIEW

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REFLECTIONS ON RWANDA

THE IHRP TEAM TRAVELLED TO THE SOUTH OF RWANDA TO VISIT MARIE MUKABATSINDA, ONE OF THE SURVIVORS FEATURED IN THE MEN WHO KILLED ME AND AND I LIVE ON, AT HER HOME IN RUSATIRA. FROM LEFT: INDIA ANNAMANTHADOO (IHRP CLINIC STUDENT), MARIE MUKABATSINDA, AND YOLANDA SONG (IHRP RESEARCH ASSOCIATE). PHOTO CREDIT: SAMER MUSCATI.

India, an International Human Rights Program (IHRP) clinic student, travelled to Rwanda this past November to interview the survivors featured in The Men Who Killed Me: Rwandan Survivors of Sexual Violence with the rest of the project team. The purpose of the trip was to generate testimonials for a second edition of the book. These are her reflections on the trip. The first thing I noticed about Rwanda was the birds. On our first morning in Kigali, as I sat on the veranda of our guesthouse, I was overwhelmed by the chorale of unique voices: some bleated, some chirped and twittered, and others hummed. Every inch of air was teeming with life. Later that day, the IHRP team - Samer Muscati, Yolanda Song and I - visited the Kigali Genocide Memorial. At the end of the exhibit, we watched a short video featuring testimonials of genocide survivors, and I found one woman’s testimony particularly striking. She said that when she returned to Kigali after the genocide, everything was silent—even the birds. Having witnessed the symphony of birds that same morning, I wondered, how could there ever have been a time when all the birds were silent? This was the first of many similar moments over the course of our ten-day trip. I struggled to reconcile what I had heard and read about Rwanda and the genocide with what I saw and experienced. I was constantly being pulled between 1994 and 2018, between suffering and joy, and between horror and awe. Rwanda’s physical beauty was another aspect that stirred up in me a sense of unanticipated astonishment. During my months of preparatory research, I had subconsciously envisioned Rwanda to be as ugly as the atrocities committed on its soil in 1994. But Rwanda is, without a doubt, one of the most beautiful places I have visited. The

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landscape is dominated by rolling green mountains, which contrasts the rust-coloured soil. In the countryside, soil-stained homes with brightlypainted doors are surrounded by crops of banana, cassava, pineapple and peanuts. I felt like I was walking through a watercolour painting.

grounds; instead, this responsibility is left up to the guide, who had left his post for the day.

Without a guide, I was left to experience Nyamata at a purely sensory level. As I walked into the building, my eyes adjusted from the bright sun to the dimly lit interior, and I slowly realized that this had been a church. Beneath a And yet, I found it difficult to reconcile this ceramic Virgin Mary statue on the far wall, rows beauty with the horrific crimes that had been of pews were arranged committed on these very around an altar table. grounds. What did this Each pew was piled with very landscape look like “Women are the primary heaps of blood-stained during the genocide? resource of our planet. If they clothes belonging to the Was someone murdered are destroyed, with them so is victims who had died in or raped right where I was our future. If they are violated the church. A machete standing? Did the vibrant and some other weapons red soil mask the blood of and desecrated anywhere on rested on the altar table, the victims? Was I stepthis earth, we are all violated which was also stained ping on someone’s final and desecrated.” with blood. A metallic resting place? smell lingered in the air. A - Eve Ensler, December 11, I am fortunate that I will glass case of damaged 2008, Afterword to The Men never know the answers skulls sat in the middle of to these questions. PerWho Killed Me. the church. Looking up, I haps the closest I came to noticed that the sun was understanding the texture shining through little holes in the sheet metal of those one hundred days in 1994 was during our roof—the effect was beautiful, almost like stars visit to the Nyamata Genocide Memorial. Unlike in the night sky. Samer told me that the holes the museum-esque Kigali Genocide Memorial, were the result of bullet holes and grenade the Nyamata Memorial is a preserved site of killshrapnel. I felt a jolt - that reoccuring sense of ing. On the way there, Samer, who had visited guilt for appreciating beauty in a place that enNyamata on a previous trip to Rwanda, tried to dured atrocity. We walked around to the back warn me that this site was “difficult”; but nothing of the church, and found ourselves in a mass could have prepared me for Nyamata. grave, which contained rows and rows of casAs our car pulled up to the site, I was unsure kets filled with bones. whether we were in the right place. I could have I later learned that an estimated 5,000 people easily driven past the ordinary building without a were massacred in the Nyamata Catholic Church thought—it was a one-story brick structure surover a two-day period. At the beginning of the rounded by a well-kept garden. In an effort to pregenocide, Tutsi residents from the area had gathserve the site, there are no plaques or descripered in the church, believing they would be protions explaining the significance of these tected from the Hutu militia. Instead, the large

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number of Tutsi people gathered in one place allowed the perpetrators to massacre thousands of victims at once. The perpetrators threw grenades into the church and brutally murdered the remaining survivors with guns and machetes. My experience at Nyamata deepened my awe of the survivors’ resilience. I felt sick even imagining these crimes, but many of the survivors we worked with had witnessed similar scenes with their own eyes. They had watched the massacre of their friends and families, and they themselves had been victims of unspeakable crimes. These scenes live on 25 years following the genocide, in survivors’ memories and nightmares. And yet, meeting these survivors, I still saw great joy and love within them. Despite all they had experienced, they smiled, laughed, hugged, and danced. Yes, sometimes we cried with them in our interviews, but we also shared many beautiful, happy moments together. For most of the survivors we interviewed, access to services—including counselling, HIV treatment and microcredit programs— is central to their ability to resile in the face of trauma. The survivors also derive healing from one another. After having lost many relatives in the genocide, they have found family and a sense of belonging in each other. Reflecting on these 10 days in Rwanda, I have gradually made peace with my own conflicting feelings about this beautiful country and its history. The survivors taught me that resilience is not about ignoring difficult realities— rather, it is about honouring both the beauty and pain that coexist inside of you. This is, of course, a feat of much courage and strength. But as we approach the 25th commemoration of the genocide, Rwanda and the survivors of the genocide prove that it can be done. Murakoze cyane to my friends in Rwanda!

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By Brenda Chang (3L)

RIGHTS REVIEW

February 27, 2019 | 11

IHRP ALUMNI SPOTLIGHT: LANE KRAINYK

PHOTO CAPTION: LANE (FAR LEFT) ACCOMPANYING THE UN SECRETARY GENERAL'S SPECIAL ENVOY ON MYANMAR, MS. CHRISTINE SCHRANER BURGENER, TO HER MEETING WITH THE BANGLADESHI PRIME MINISTER, SHEIKH HASINA. PHOTO CREDIT: FOCUS BANGLA

Lane graduated from the University of Toronto Faculty of Law in 2013 as the valedictorian of his graduating class. Lane articled at Fasken Martineau DuMoulin LLP before returning to the firm as an associate in the litigation group. He subsequently worked in the protection unit of the United Nations High Commissioner for Refugees (UNHCR) Regional Office for South East Asia, during which time he also completed a secondment with the Regional Support Office of the Bali Process. Lane's most recent role was as Humanitarian Affairs Advisor for the Rohingya Refugee Response in the Office of the UN Resident Coordinator in Bangladesh.

about that experience and its impact on you?

What were your initial steps following graduation from the Faculty of Law? What drove you to work in the humanitarian and refugee space?

Later, you worked at the UNHCR Regional Office in Bangkok, Thailand. Could you tell us about that experience as well?

Throughout law school, I was engaged in refugee-related issues, including through IHRP placements with UNHCR Uganda, Legal Aid Ontario's Refugee Law Office and the Burma Lawyers' Council. After graduating, I articled and practiced as an associate at Fasken Martineau in the litigation group. While at Fasken, I maintained my interest and engagement in refugee/humanitarian issues, including by volunteering for Rainbow Railroad. I had the opportunity to return to UNHCR through an alumni fellowship program run by the International Human Rights Program and supported by the Government of Canada and UNHCR. My initial fellowship with the UNHCR Regional Office in Bangkok, Thailand led to subsequent positions with the UN in Thailand and Bangladesh. As an IHRP summer fellow, you worked at the UNHCR in Uganda. Could you tell us

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I had a great experience working with UNHCR Uganda during my 2L summer. Fortunately, with the support of Fasken, I was able to split my summer between a firm and UNHCR. My work in Uganda involved meeting with asylum seekers and refugees to assess their protection concerns, and liaising with colleagues and partners to identify steps that could be taken to improve their quality of life in Uganda and potential options for durable solutions. This experience affirmed my interest in working in the refugee/humanitarian space.

I worked in the protection unit of the UNHCR Regional Office for South East Asia for approximately two years. During this time, I was fortunate to work on a wide range of issues with colleagues from across the region. This gave me an appreciation for the challenges that UNHCR and its partners face in different contexts, and the resilience of persons of concern (including asylum seekers, refugees, internally displaced people, and stateless persons). Areas of particular focus in my work included the detention of asylum seekers and refugees, access to legal employment, and human trafficking. I was also tasked with developing and implementing a judicial engagement strategy for the region. During my time in Bangkok, I was seconded to the Regional Support Office of the Bali Process to lead an initiative relating to refugee access to legal employment. I was also deployed to Bangladesh in 2017 during the early stages of the Rohingya refugee crisis to support UNHCR's response to what was then the fastest growing

refugee crisis in the world. Most recently, you were working with the Resident Coordinator's Office in Bangladesh. What were your responsibilities and day-to-day tasks? I was most recently seconded by UNHCR to the Office of the UN Resident Coordinator in Bangladesh where I worked as the Humanitarian Affairs Advisor for the Rohingya Refugee Response. In this role, I was responsible for supporting the refugee coordination mechanism in place in Bangladesh, liaising closely with UN agencies, NGOs and diplomatic missions, and supporting engagement with the Bangladeshi government on issues relating to the response. A typical day would include ensuring that I was up to date on recent developments/priority issues, meetings with partners and/or government actors and preparing briefing/background materials on the response for colleagues and visiting delegations (and often at least a couple of hours sitting in Dhaka traffic!). What did you find to be the biggest challenges and rewards in your role in Bangladesh? Bangladesh is a densely populated country (over 160 million people in an area approximately the size of southern Ontario) prone to regular natural disasters. The arrival of several hundred thousand refugees in a very short period of time in these conditions presented tremendous challenges. Refugees reside in overly congested settlements and have insufficient access to education, healthcare and self-reliance opportunities. While the Bangladeshi government and countries around the world have been extremely generous, there are not enough resources to support the needs of the

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almost 1 million refugees now hosted in Bangladesh. In this context, the main challenges I saw primarily flowed from the scale and complexity of the response, including those that result from the large number of actors engaged. However, my work in Bangladesh was also very rewarding. Because of the scale and complexity of the response, I was fortunate to work on a range of interesting, meaningful and challenging issues every day. I worked closely with extremely capable and inspiring people from various UN agencies, NGOs, the government and diplomatic missions. I provided support for high level missions to Bangladesh, including those of the Security Council and the UN Secretary General. Most importantly, I had the opportunity to witness the resilience of the refugees hosted in Bangladesh. What is your advice for students that are interested in pursuing a career related to human rights and humanitarian law? I do not think there is a single path to a career working in human rights or on humanitarian issues. My colleagues have come from a wide range of backgrounds and have varying areas of expertise. Many did not enter this line of work directly out of school. I believe that I have benefited significantly from both the refugee-related work/volunteering that I did during and following law school, and the skills that I developed practicing law in Canada. Many of my colleagues (particularly the lawyers) had similar trajectories. Regardless of what you may do immediately after graduating, I think it is useful to find ways to maintain your interest and [gain] experience in these areas, perhaps through academic work, pro bono files or volunteer initiatives, and to develop your network in this space.

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HOLDING CANADIAN MINING COMPANIES ACCOUNTABLE: IHRP INTERVENES IN NEVSUN RESOURCES v ARAYA By Nicole Thompson (2L) and Madeline Torrie (2L) Over the past semester, the International Human Rights Program (IHRP) prepared to intervene in the case Nevsun Resources Ltd. v Araya et al., which we were fortunate enough to see argued before the Supreme Court of Canada (SCC) on January 23rd, 2019. While only addressing preliminary issues, this case has tremendous implications for international human rights litigation in Canada, particularly for corporate social responsibility. Nevsun Resources Ltd. is being sued for conscripting forced labour in Eritrea. Nevsun is a Vancouver based majority shareholder of the Bisha Mine, where allegedly Eritrea’s National Service Program (NSP) conscripted indefinite forced labour. In 2016, the United Nations Commission of Inquiry into Eritrea estimated that the government had enslaved up to 400,000 people as part of the program, many of whom were conscripted to work in the Bisha mine. The plaintiffs were among those conscripted as part of this forced labour project, and later fled to Canada as refugees. They brought the case before the British Columbia Supreme Court, alleging that Nevsun Resources, in collision with Eritrea, committed torts which violated customary international law, including torture, slavery and forced labour. Nevsun contended that the plaintiff’s claims that had no reasonable likelihood of success; however, the court was reluctant to dismiss a claim for being “novel” and allowed the application to continue. Before the BC Court of Appeal, a unanimous court dismissed Nevsun’s appeal, and Nevsun subsequently appealed to the SCC. Part of Nevsun’s argument was that the common law act of state doctrine would bar a Canadian court from hearing a decision which addressed any state conduct in its subject matter, with no exceptions. If the SCC accepted this formulation of the doctrine, it would be difficult to hold any corporation accountable for misconduct jointly conducted with the state, as those violations could be said to be “state conduct” and immune from judicial scrutiny. Preparing for the Litigation As IHRP clinic students, we were part of the the legal team preparing for the intervention, along with counsel Cory Wanless (Waddell Phillips PC), Yolanda Song (IHRP Research Associate), and Professor Audrey Macklin (University of Toronto Faculty of Law). Cory has been working on Corporate Social Responsibility (CSR) litigation for almost ten years, and has represented interveners and clients in landmark cases such as Hudbay Minerals and Yaiguaje v Chevron Corp. Our role as an intervenor for IHRP was to support IHRP’s mission to advance the field of international human rights law and to ensure that the Canadian common law evolves in a way that is consistent with international human rights. This intervention is part of a long legacy of IHRP’s work in promoting human rights values through SCC interventions in landmark international human rights cases such as Khazemi v. Iran, Canada v. Khadr, and Charkaoui v Canada. Intervenors are given a limited number of pages (only 10) and speaking time (5 minutes) to make their submissions. Therefore, we had to narrow our research and select our topics carefully. We also communicated with intervenors, including Amnesty International, Earthrights International, and Mining Watch Canada to limit overlap, and ultimately decided to focus on the act of state doctrine, an issue raised by Nevsun

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THE IHRP LEGAL TEAM AT THE SUPREME COURT OF CANADA. LEFT TO RIGHT: YOLANDA SONG (JD 2017), MADELINE TORRIE (2L), NICOLE THOMPSON (2L), CORY WANLESS (JD 2008).

designed to bar the plaintiff’s claim.

Human Rights and Corporate Social Responsibility (CSR)

Act of State Doctrine

This case fits into a wider and growing concern in Canada about corporate accountability for human rights abuses. In recent decades, as corporations have moved beyond national borders, CSR has become an important and complicated part of international human rights law. Nevsun v Araya highlights Canada’s duty to hold its own corporations accountable for the harms they cause, regardless of where those harms take place. The United Nations has formed numerous non-binding instruments with the intention of providing access to justice for plaintiffs harmed by foreign corporations, but these tools are insufficient. Civil litigation conducted in the corporation’s home state can be the necessary bridge that translates fundamental principles of international human rights into concrete guarantees.

The act of state doctrine is a common law doctrine that, in the form proposed by Nevsun, would bar a Canadian court from referencing another state's conduct as part of a subject matter jurisdiction immunity. The underlying idea is that a court should not pass judgment on another country’s actions. The act of state doctrine has never been applied in Canada, but Nevsun argues that it should apply in this case. If Nevsun were to succeed in their claims, no party could bring a claim against a private entity where another nation’s conduct is involved, even though a judgment by a Canadian court would have no binding consequences on Eritrea, and would mainly concern the company’s liability. Resource extraction companies often work closely with national governments, and employing act of state would mean that any time a state was complicit in a company’s violations of human rights, the victims would be barred from seeking damages against the offending corporation. The act of state doctrine has a number of exceptions, and one which was particularly important to the plaintiff’s position was the public policy exception. This exception, which is recognized in the United Kingdom, the United States, and Australia, provides that act of state does not apply when a state violates public policy and international law. The public policy exception has a clear application in this case: the plaintiffs were conscripted into forced labour, which is a violation of international and human rights law conventions, and widely considered a violation of a peremptory norm. However, counsel for Nevsun argued that even this exception should not apply.

The SCC’s decision will ultimately either add or remove a barrier to transnational human rights litigation in Canada. However, even a positive step forward does not mean the road is smooth and inviting for potential litigants. The litigation process is notoriously difficult to navigate for claimants. The plaintiffs in Nevsun v Araya have been embroiled in these proceedings since 2014. It has taken four years for these preliminary questions to reach the SCC, and even if the court rules in favour of their application, the matter is not resolved. The case will return to the British Columbia Supreme Court, where the plaintiffs will endure a prolonged trial and possibly an appeal. As important as the substantive issues are, these procedural challenges must not be overlooked. We were honoured to have met the plaintiffs after the proceedings in Ottawa, when they shook our hands and thanked us for our hard work. We imagined how hard it must have been

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be for them to watch the same case litigated three times, before the actual trial on the abuses they suffered could begin. Ottawa It was a snowy day when we arrived at the SCC. We sat in the Press Gallery to watch the submissions of the parties, eagerly waiting to watch Cory present the IHRP’s submissions. It was an exhilarating experience to hear the fruition of our semester’s worth of research and work before a full bench of SCC justices, and to hear them ask the very questions we had been grappling with. Cory did a wonderful job representing the IHRP and expressing our position: Canadian law should not consider the act of state doctrine in disputes between victims and private Canadian corporations. In a tense moment, Justice Abella asked Nevsun’s counsel during their submissions, “Is there any court that has the act of state doctrine, then, that doesn’t have exceptions for things like breaches of international human rights law?” He had no response, confessing, “I am not sufficiently au fait with the jurisprudence in all common law courts to tell you what the status of the exception is.” The questioning continued, with Justice Abella concluding, “You want to take us back to Grotius.” Her observation articulates exactly what is at stake in this case. Nevsun’s proposition favours the state-based approach to international law at the expense of allowing remedy for human rights violations. It is difficult to predict how the SCC will decide the case. Will it recognise or dismiss the act of state defence? As we await the SCC’s judgment, we are optimistic that Canadian courts will step into their role and hold Canadian corporations accountable for human rights violations committed abroad.

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February 27, 2019 | 13

RECRUITMENT SPECIAL PART II Class of 2020 Survey Results SUJUNG LEE (3L), MATTHEW PRIOR (2L), SUHASINI RAO (2L), RORY SMITH (2L), AND HONGHU WANG (2L) Every year, Ultra Vires surveys 2Ls on a variety of demographic and recruitment data. This survey presents the Class of 2020 data. Thank you to everyone who completed the survey. The below is self-reported survey data, so the usual caveats apply (see “Grades and Such”). This year, we had 117 individual responses from a class size of about 200, for an ~58.5% response rate. For privacy reasons, every effort was made to keep datasets from being identif iable. Given the breadth and depth of the questions asked (and answers reported), there was a large risk that in-

dividual students could be identif ied through a combination of demographic factors, which could then link them to their remaining responses. As such, before any analysis was done, responses were separated into the distinct categories being examined so as to prevent cross-referencing. For example, when looking at age, a separate spreadsheet was created that contained only age data, with all other responses having been deleted. Similar measures were taken with all the analysis that was performed to minimize the risk of students’ responses being linked to their identities.

DEMOGRAPHICS Age

Median age: 24 years

Sexual Orientation 5%

Gay/Lesbian

Visible Minority

Prefer not not to to disclose disclose Prefer

Gender Identity

10%

Bisexual

37%

Non-Binary Non-Binary

Visible Minority

42% Male Male

84%

Straight

63%

Not a Visible Minority 57%

Female Female

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Ethnicity

Religion

Note: 64% of respondents indicated that religion was not at all important, while the rest were evenly split between somewhat important to very important.

Number of Languages Spoken

Languages Spoken

High School Location 10%

Outside Canada

22%

Elsewhere in Canada

68%

Ontario

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FAMILY HISTORY

Country of Birth

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Parents Country of Birth

23%

Born outside of Canada 38%

Both parents born in Canada

42%

Both parents born outside of Canada

77%

Born in Canada

20%

One parent born outside of Canada

ACADEMIC AND WORK HISTORY Years Worked Before Law School

LSAT Score Median score: 167

Prefer not to disclose

Postgraduate Degree 17%

Have a postgrad degree

Median GPA: 3.8 Measured on the OLSAS scale (cumulative). Rounded to the nearest tenth.

Undergraduate Program

83%

Do not have a postgrad degree

Undergraduate GPA

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FINANCIAL HISTORY Did your expected debt load influence the employers you applied to?

Public or Private High School 4%

Other/Prefer not to disclose

Prefer not to disclose

23% Private Private

First in Family to Attend Law School

43%

No No

57%

16%

Yes

Not first in family 73%

Public

84%

First in family

Total Expected Debt Upon Graduation

Parental Household Income

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February 27, 2019 | 17

MENTAL HEALTH Prefer 6%

not to disclose Prefer not to disclose

Of those who self-reported mental health conditions, 70% indicated that the frequency of their experience with the condition increased somewhat or significantly while at law school. 74% indicated that the severity of their experience with the condition increased somewhat or significantly while at law school. Personal and academic factors were the leading contributors to the change in frequency or severity, while extracurriculars and financial factors were also cited as contributors.

23%

Have mental health condition

71%

Separately, 78% of those who self-reported mental health conditions indicated that they accessed mental health resources either through the law school or the university.

Do not have mental health condition

POLITICAL AND SOCIAL LIFE Support for Federal Political Party

Prefer not to disclose

Liberal

Green

Varies

Conservative

NDP

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Binge Drinking Frequency

Call to the Bar (Pub Night) Attendance

Prefer not to disclose

17%

Weekly

21%

26%

Weekly

31%

Never

11%

Monthly

20%

Monthly

32%

A coupletimes times Couple year aa year

41%

Couple times a year

Researchers define binge drinking as having many drinks on one occasion: five or more drinks for a male, or four or more drinks for a female. A drink is defined as: 12 oz/341 mL regular strength beer (5% alcohol), 5 oz/142 mL wine (12% alcohol), or 1.5 oz / 43 mL liquor (40% alcohol). Source: CAMH.

Recreational Marijuana Usage 2% 11%

Prefer not to disclose

Weekly

Monthly

52%

Never

28%

Couple times a year

Study Drug Usage 2% Prefer not to disclose

Prefer not to disclose

Other Recreational Drug Usage

Yes

11%

Monthly

Prefer not Prefer nottotodisclose disclose

Couple times a year

84% 94%

Never

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February 27, 2019 | 19

Factors Associated with 1L Grades and Recruit Success Nothing predicts anything RORY SMITH (2L) Using the data prov ided from 86 – 113 students (exact numbers var ied depending on the exact combination of factors used), a var iet y of statistical models were used to tr y and identify factors that are associated w ith a high 1L GPA and recruit success.1 It is important to note that none of these relationships are necessar ily causal. 2 In addition, many of the factors have small sample sizes, so draw ing conclusions about the data is suspect at best. Generally, any analysis that involved a sample of fewer than ten students was excluded to tr y and mitigate this ef fect. 3

Factors A ssociated w ith 1L GPA Only three factors ended up hav ing a signif icant association w ith 1L GPA . A higher

LSAT score is associated w ith a higher GPA (ever y 1-point increase in LSAT anticipates an average increase of 0.24 GPA), while older students fare worse than their younger classmates (ever y additional year anticipates an average decrease of 0.38 GPA). Hav ing completed a postgraduate degree 4 before attending law school also anticipated an average GPA decrease of 1.8. Despite these factors being signif icant, the overall correlation was quite weak ( R 2 = 0.13). So while the mean 1L GPA increases w ith higher LSAT and decreases w ith higher age and hav ing completed a postgraduate degree, these factors poorly explain the var iation w ithin the data and are cannot be used for accurate predictions of an indiv idual’s GPA .

Sig nif icant Factors

Insig nif icant Factors A nd in a rather exhausting 5 set of analysis, the follow ing factors were found to have no signif icant association w ith 1L GPA: Gender (p = 0.11) First to Attend Law (p = 0.31) Household Income (p = 0.43) Public or Private High School (p = 0.55) Undergrad GPA (p = 0.61) Studying Independently/In Groups (p = 0.72) Intro/Extroversion (p = 0.79) Country of Birth (p = 0.95) Sexual Orientation (p = 0.12) Political Party Support (p = 0.33) Race (p = 0.51) Pub Night Attendance (p = 0.56) Number of Languages Spoken (p = 0.69) Undergrad Program of Study (p = 0.76) Binge Drinking (p = 0.87) Mental Health Condition (p = 0.99)

Factors A ssociated w ith Recruit Outcome The ef fect of 1L grades are the subject of their own article, so the follow ing conclusions do not apply to 1L GPA . Look ing for other factors associated w ith recruit outcomes, a similar analysis to the above was per formed. In a prett y sur pr ising turn (and somewhat spoiled by the tit le of this article), not a single factor was found to be associated w ith recruit outcome w ith only one, limited exception. This was true for both overall success (i.e., employed or not) as well as at ever y stage of the recruitment process. This is in contrast to pr ior years, which found that factors such as hav ing a commerce undergrad, high extroversion, or supporting the Conser vative part y were all strongly correlated w ith recruit success. The only factor w ith any signif icant association was hav ing a J D/M BA (which matched prev ious years’ data). However, hav ing a J D/M BA was only signif icant at the In-Firm Conversion stage ( p = 0.0 0 079), although it was not signif icant ly associated w ith overall employment, nor w ith success at any other stage of the process. The exact technique used depended on the type of data. Backward stepwise regression was used for pairs of potentially correlated values (such as age and GPA), t-tests and ANOVA were used for comparison of means (such as race and GPA), and chi-squared tests were used for binary-type data (such race as and recruit success) 2 We also played pretty fast and loose with independence and normalcy checks as well. 3 Sorry, performing arts majors. 4 Unfortunately, the very smart people who created the survey forgot to clarify what postgraduate degree meant, as it seems some people interpreted as to mean a Master’s Degree or higher, while others thought it meant only a PhD. The First-Year Class Profile assembled by the Faculty indicates that 19% of the Class of 2020 have a graduate-level education. 5 If not exhaustive. 1

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Stuff About Grades RORY SMITH (2L) As students, we all have a nebulous sense that grades matter. Most importantly, you want to know how you stack up against your classmates and what sort of recruitment success can you expect based on your GPA. And so, with as much statistical rigour as I can remember from undergrad,1 and subject to more caveats than we would like, here are the findings for the class of 2020.

Grade Distribution Class of 2020 109 students reported their 1L grades. Of these, 92 participated in the Toronto 2L recruit and, of these, 86 also reported their number of application, OCIs, in-firms, and offers. Therefore, approximately 55% of the 2020 class reported their grades. This represents a significant decrease from previous years, following the general trend of declining response rate.2 However, do not take the reported distribution as the actual grade breakdown for the class of 2020’s 1L year. For one, because the survey targets all 2020 graduates (i.e., those eligible for the 2019 Summer Recruit), the data include JD students who began 1L in 2017 as well as combined degree students who began 1L in 2016. Furthermore, self-selection bias in who responds to the survey will further distort the data from the true grade distribution.3 As such, the information presented may not accurately reflect the actual distribution of grades for the 2017 1L class. There is still value in presenting the data collected; however, the limitations mentioned above should be kept in mind. This piece will later address the effects of self-selection bias and non-disclosure. As in years past, all analysis considered student’s unweighted GPA.4 Unweighted GPA was used under the assumption that employers do not factor in credit weightings when reviewing transcripts and simply “eyeball it.” Unweighted GPA was also used for ease of comparison with reporting from previous years. Conveniently, this has the effect that every 1-point increase in GPA corresponds with an additional “H” on the transcript.5 For the class of 2020, the median student has a GPA of 27, which corresponds to a transcript with 6 Hs. Due to credit weightings, it is difficult to translate the cutoff for distinction to a pure number of Hs. Some students with unweighted GPAs of 30 did not receive distinction, while others with unweighted GPAs of 29 did. Regardless, the cutoff for distinction was approximately 8–9 Hs. 6

Effect of Self-Selection Bias As mentioned above, there is a significant risk that the sample of students who reported their 1L grades is not representative of the student body as a whole. To estimate the direction and magnitude of any self-selection bias, we estimated the expected number of each grade given out for a student body of 109 students and compared this to the grades reported. Assuming that the grading follows the curve published by the law school7 and assuming a class size of 200, the expected number of each grade across the seven 1L classes can be computed.8 These assumptions are somewhat tenuous as small group professors have the discretion to deviate from the strict curve owing to the small class size, and even in larger classes, professors have some discretion; however, the resulting change in the grade distribution is unknown and as such, cannot be accurately modeled. Regardless, this effect is likely to be small but would result in the true number of Hs or HHs being higher than anticipated by the model below.

Grades and Recruit Success It is anticipated that higher grades lead to greater success in the recruit. This has been the general trend in years prior; however, the data for this year paints a much murkier picture. The following data are only from the 86 students who reported both grades and recruit success, for a response rate of 43%. The analysis considered the three different stages of the recruit separately: submitting applications for OCIs (application conversion rate), being selected for in-firm interviews (OCI conversion rate), and receiving an offer after an in-firm (infirm conversion rate). In addition, it also considered whether a student ended up employed or not (i.e., they received at least one offer; no students turned down all offers). Performing regression analysis between GPA and the three different conversion rates, the importance of GPA at each stage can be assessed. Overall employment status was assessed by comparing the mean GPA of employed and unemployed students respectively.

the recruit stages separately. Unsurprisingly, grades have the most effect when converting applications into OCIs; indeed, this is the only stage at which grades are significant at α = 0.05. Grades have no significant impact at either the OCI or In-firm stage, although they are particularly unimportant for converting OCIs. This confirms the view that OCIs are primarily assessing candidates based on non-academic factors. Luckily for anyone sweating their grades, over half of the people in the bottom quarter of the class ended up employed, although this is likely where a large majority of the self-selection bias comes into play. Alternatively, one could consider the expected number of applications necessary to secure employment from the reported conversion rates. For each quartile, these are: Hopefully, the recruit will seem a lot less daunting with this knowledge in hand (for those of you who would rather do a hundred recruits than have to read another page full of charts and numbers, thank you just for making it this far). Grades may determine your self-worth (bad habits die hard) but they are not the end-all and be-all when it comes to the summer recruit. Best of luck, Class of 2021!12 I expect angry letters from those of you with a statistics background. 69% for the class of 2019 and 75% for the class of 2018. As a matter of integrity, it is assumed that no students deliberately misreported their grades. 4 As given in the Academic Handbook: 5 for HH, 4 for H, 3 for P, 1 for LP, 0 for F. 5 These Hs can be in any combination, for example, 3 HHs and 4 Ps result in the same GPA as 2 HHs 2 Hs and 3 Ps, for a total of 6 “H”s. 6 We asked respondents to indicate if they received distinction. 7 15% HH, 30% H, 55% P. With no accurate way to predict the number of LPs and Fs, it was assumed that none were given out. 8 Expected = %of Total*Number of Students*Number of Classes. Ex. (15%)*(200)*(7) = 210 9 Numbers may not align perfectly due to rounding. 10 Although it was close, p = 0.074 in the 2-sample t-test. 11 UV takes no responsibility for students who take these numbers as gospel and fail to secure employment. 12 And may the recruiters have mercy on your souls. 1 2 3

Not surprisingly, there is a clear bias towards nondisclosure of lower grades. It is unknown if this is because students with lower grades did not participate in the recruit and therefore declined to answer the survey or for any other number of reasons one would not wish to report their grades. On average, the 91 students who did not disclose their 1L grades had a transcript with 0.5 HHs, 1.4 Hs, and 5.1 Ps, for an overall GPA of 23.5. 9 It is unknown exactly how the unreported grades are distributed amongst students, so quartile ef fects cannot be computed. However, adding these hypothetical students back into the distribution changes the overall mean from 26.6 to 25.2, which is likely a more accurate estimate of the true average. Hopefully, this provides some measure of comfort to students alarmed by an average artif icially inf lated by underreporting.

Surprisingly, GPA did not have a significant impact on whether a student ended up employed or not. Specifically, the GPA of students who received offers was not significantly higher than the GPA of students who did not receive offers.10 However, there was at least one significant finding when considering

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RECRUITMENT SPECIAL

February 27, 2019 | 21

A Couple More Observations on 1L Grades There’s something fishy with LRW & LPPE RORY SMITH (2L) With the slight ly more ser ious elements of the analysis over w ith, here are two of the more interesting obser vations that were found when play ing w ith the data.

The Most Dif f icult Class There is probably not going to be a def initive answer to which class is the most dif f icult 1 and this article is not going to prov ide a whole lot of clar it y. The grading of all classes on a cur ve makes it dif f icult for direct compar isons of class average. Barr ing some professor ial discretion, the average of each class should be identical. However, as a related question, a question was raised as to what classes the top students found the most challeng ing, or, at least, did worse in on average when compared to their other classes. For the students in the top 10% of the sur vey sample, as measured by unweighted GPA , 2 the grades breakdown by class is as follows: 3

The grade distr ibution reported by the 2020 class can be found in the “Stuf f About Grades” article. The full matr ix of class-pair correlations is below

Leav ing aside L RW and L PPE (we’ll be talk ing about those later), high-per forming students tended to struggle the most in Torts. In contrast, they saw great success in Propert y; of the students in this sample, all but 3 achieved an HH in Propert y. This isn’t the same as say ing that the classes as a whole were more or less dif f icult, but, among ever y f ive topper forming students, they averaged barely more than an H apiece in L PPE , but averaged 4 HHs and 1 H in Propert y.

Correlat ions Bet ween Classes A nother question worth answer ing is how well does one’s grade in any one class predict their grade in any other class. To do this, the correlation in the grade distr ibution between each pair of classes was calculated. For reference, if ever y pair of classes had a correlation of 1 (i.e. ever y student received the same grade in ever y class 4 ), the GPA distr ibution would resemble the follow ing:

From this, a few things jump out: 1. The correlations are much closer to 0 than to 1, with an overall average of 0.13, although this improves to 0.16 if we remove LRW and LPPE. Regardless, all of the correlations are quite weak and even the strongest correlation, 0.32, is only indicative (and barely at that) of a moderate positive relationship. This suggests that, potentially, success in each class depends on a different ability that is only weakly transferable between classes. Or, if there is a general “law school ability” the classes do a poor job of translating it into a grade. Importantly, this does not suggest that the grading within a class is random, only that the grade in one class only very weakly predicts your grade in another class.6 2. LRW and LPPE have negative associations with several other classes. For example, doing well in LRW is correlated with doing poorly in Contracts and Criminal (although the size of this effect is essentially zero). Even when not negative, LRW and LPPE have correlations with other classes that are very small or essentially zero. Their only decently-strong correlation is with each other, and even that would be deemed weak according to the general guidelines. Intuitively, it feels like the skills of “doing research” and “writing” should be common to all law classes (and law generally). However, the data suggest that either LRW is accurately measuring student’s writing skills, but having strong writing skills are in no way predictive of success in other classes (bolstered by the fact that students in the top 10% by unweighted GPA did second-poorest in LRW on average) or LRW is not accurately measuring student’s writing skills, but strong writing skills are still transferable between classes. There is just something not quite right with these two courses.7 3. There isn't a significant difference in the correlations between public law classes and private law classes. Criminal and Constitutional have the third strongest individual correlation, but Constitutional has a stronger relationship with Property. And while Property and Contracts have decently strong correlations (at least relative to the strength of their correlations to other classes), neither have a strong correlation with Torts. The similarities between classes clearly transcend the public/private distinction. While there are probably more interesting tidbits hidden in the data, this endeavor has already eaten up far too much of Reading Week (and those term papers aren’t writing themselves). Sadly, any other hidden gems will probably have to remain hidden. 8 For the record, I felt that Torts was the most difficult, although LPPE was the most difficult to stay awake in.. This corresponds to an unweighted GPA of 30 or greater. Distinction standing wasn’t used for this analysis as the credit weighting would bias the sample against LPPE and LRW as lower weighted classes. 3 The mean difference between classes was significant at p < 0.01. 4 Given the set proportions that the curve assigns grades in, there is no way to have a correlation of 1 without every student receiving the same grade in every class. 5 Based on a class of 200. Average of 100 simulated grade distributions. 6 However, if there is a unifying set of skills that lead to success in several classes (as seems intuitively the case) the low correlations found lend credence to the idea that 1L grading, if not law school grading generally, is much more random than we would like. 7 In more ways than just the correlations. 8 Editor’s Note: If anyone would like to delve further into the data, please contact us. 1 2

Instead, if ever y pair of classes had a correlation of 0 (i.e., a student’s grades in one class had no relationship w ith their grades in any other class) the class distr ibution would look like this: 5

22 | February 27, 2019

DIVERSIONS

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Yak’s Snack Review The results are in We at U of T Law have our differences. We have different backgrounds, divergent political alignments, and diverse career aspirations. But, despite these differences, we all agree on one thing: we love free food. Or wait—do we? We asked, and in UV’s most-responded-to poll of all time [Editor’s note: False], we got a resounding “maybe”. No wait—actually, we got highly polarized, passionately stated opinions, with no hint of compromise. Never change, fellow students. Never change.

Survey demographics We received an even one hundred responses. They were evenly split by year.

Do you like Yak’s Snacks? While 76 responses answered “Yes” and 14 answered “No”, we received some rather interesting responses: “I mean, I won't say no to free food.” “All Hail Our Culinary Overlords, the St. George Catering Co.” “Yak's Snacks is just sugar and carbs... Excess sugar is linked to depression. Law school is also definitely linked to depression. Yak trying to give us depression confirmed.” —Ernie Tam

Best Yak’s Snack: Fruits 22%

RACHEL CHAN (3L) AND LILY HASSALL (3L) PHOTOS BY RACHEL CHAN

Cinnamon Buns: “Yummy yummy in my tummy” Shrub: “I like shrubs” “Just look at it, heck of a snack” “It's not like you went in expecting it to be edible” “Shrub” Fruits: “Middle-Class fancy” —Greg G. Bagels: “It’s worth note that these are not really bagels. Real bagels are from Montreal and covered in sesame seeds. These 'bagels' are an Americanized bastardization of a sacred breadstuff. Notwithstanding the former, they are close enough to still get top marks amongst the snacks.” —William Mazurek Fruits: “Fruit salad, yummy yummy.” Coffee: “Law students need coffee to function” Muffins: “It tastes like love” The editors of this poll wish to note their unequivocal belief that this responder has never known love.

Worst Yak’s Snack: Bagels 25%

Favourite Snack and Why? Yak: “Yak, because he is the real snack.” “Dean Yak looking like a Snack ( ͡° ͜ʖ ͡°)” “Because Yakdaddy is my Snackdaddy <3” “Yak is original OG snack ;)” —Teng Rong “Have you seen the man?” “Yak's clear discomfort around 20-year-olds is a beacon of sunshine on cold winter mornings”

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DIVERSIONS

Worst snack and why: Danishes: “They are dry and make me feel sad.” “I don’t trust the danishes. Not one bit” —Jen Crawford Cinnamon Rolls: “Literally, where in the f* is the frosting? I pay 38K in tuition, at least give me some cinnabon type shiet.” Coffee: “Coffee is consistently burnt every single time. I am wondering if there is charcoal sitting at the bottom of each container.” Tea:

February 27, 2019 | 23

Different Hours “Is there a brunch option?” “Why is Yak's snacks always at random times when no one is already at school? Pick better times so I can come and eat your snacks <3” “I NEVER get to eat them. They have never worked with my schedule and I'm a 3L. One time I snuck out of class to get my fix and brought it back to class and that was a thrill.” Healthier Snacks “Please have some vegan pastries or baked goods!!!” “Could use maybe a few healthy options outside of fruit?” Fancier Snacks

“Like my personal life tea is a watery disappointment, completely devoid of substance and flavour. England bestowed upon us many great institutions—Westminster Parliament, Common Law, Commemorative Spoon Collecting—yet abjectly failed insofar as hot stimulants.” —William Mazurek

“Where is the breakfast charcuterie????” —Greg G.

The editors of this poll wish to recognize that tea was not “bestowed upon us” by England: It was bestowed upon us by the various peoples that England plundered it from.

“Can we get omelettes? Eggs? A personal chef? Don't raise my tuition, but can we get some savoury foods up in here as opposed to desert masking as buffet? Thanks.”

“Tea is for SNAILS” Croissants: “I only eat croissants when in France. All other croissants are sub-par.” “Yo. Butter those things up. I want my croissant to have so much oil the US military-industrial complex takes notice.” —Teng Rong Bagels: “Give me St. Viateur or give me death!” —Tom Collins “Untoasted bagels are the devil's favourite snack.” —Ioana Dragalin “It's pronounced ‘cardboardhydrates’” Ziiiiiing “They are dry. As dry as this poll's humour.” Why thank you. We’re flattered. Scones: “Wtf is a scone” “Who the hell likes scones” Yogurt and Granola: “It objectively had the grossest picture in the Google form” —Gurvir When Dean Yak isn’t there :’( “Having Yak's Snacks without Dean Yak is wack”

General Comments Sorted By Interest Love Yak’s Snacks “Yak’s snacks is my favorite surprise in the morning!” “I love Yak's snacks! I like it best when the dean is facing away from the food table so that I can sneak extra plates of fruit without attracting his disappointed glare.” “Sometimes I am skeptical; I think that Yak's Snacks is just a way to appease the students' complaints about tuition. And I wonder if the money spent on danishes couldn't be better used. But then I also think of the students who might be struggling to make ends meet; for them, Yak's Snacks might be a real treat. So, I let my skepticism fade into optimism.” —Tom Collins

“We need a fancy "snack of the month" here. Like they did in the 18th century with rental-pineapples. Let's have the rental-pineapple equivalent. Maybe gold foil covered mini chocolate Yak figurines. Idk, whatever 40k a year can buy. Go crazy.”

More Snacks “More Yak. More Snack.” We Need A Toaster “I'd love to see a toaster at Yak's Snacks. I think this would elevate the bagels in a way that excites and inspires the student body.” —Jen Crawford Different Provider “Most of the desserts (muffins, danishes, scones, cinnamon rolls) taste bad. I don't expect anything fancy (e.g. Tim Horton's muffins are fine). I think the school should choose another food provider.” Other “I wish I could enjoy Yak's Snacks without the fear of having to speak to Yak” “Shrub”

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Announcing the Bora Laskin Law Library’s 2nd Annual Poetry Contest Winners SUSAN BARKER*

There were many excellent submissions to this year’s Poetry Contest. They ranged from limericks to haiku, from parody to traditional forms of poetry. All of the entries were very clever and creative, which made the judging very difficult but, eventually, the Student Engagement Committee was able to narrow them down to the top three. The First Prize winner is Lynne Westerhof (1L) for “piscibus patera”. The Second Prize goes to Luke Maynard (3L) (one of last year’s winners as well) for “The Ghosts Of Tory’s Hall” and finally the Third Prize winner is Isaac Gazendam (1L) for “milk and honey: supreme court edition feat. denning”. Congratulations to all three winners and thank you to all that took the time to put together these original and inspired submissions to the contest. See you all next year. *Susan Barker is the Reference and Digital Services Librarian.

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The Ghosts Of Tory’s Hall By Luke Maynard The monks of Lindisfarne were not the last To like their ceilings high. In Tory’s Hall, The empty headroom of that distant past Left great minds of tomorrow feeling small. The doubting men and women who sat massed Beneath its condescending roof, stood tall As giants in their earnestness, their moxie, Their taste for spaces ponderous and boxy. Like coursers pulling at the bit, we strain Against the yoke of three hard years so fleeting That we will not recall, nor come again, Nor recollect with frosted hearts still beating The vibrant life of silence, or this vain And hopeful work—the feeling of a meeting That ends with hope: we who return the keys Will lose half into dream such times as these. When we have scattered into the obscurity Of twelve tall buildings overflown with riches, The tort, the contract, and the odd security Will nourish us, and scratch our spendthrift itches. But as we come into our full maturity Too big for all but the bespokest britches, Will we still hark and heed the eerie chorus Of all the minds who gamely went before us? The Ghosts of Tory’s Hall will give their lectures Within the atria—the open galleries— Of all our lawyer hearts, whose architectures Are stamped and sponsored by who pays their salaries. Beneath the vulgar noise and false conjectures Of Bay Street life, it’s Niblett’s voice, and Alarie’s, Whose echoes, in our towers in the sky, Will warn us what we’ve all become—and why. Indeed, the most formidable facilities Have too long been erected with the aim Of luring scholars with of the best abilities (Though typically, the middling students came). If these stark walls have left you feeling ill at ease, Know others in your year have felt the same, As if some Pharoah, blind in his ambition, Hewed ceilings half as high as his tuition. The landscape of a school is in the minds That meet and fill its halls, however Spartan, With reason and reflection. Motored blinds, Whole rooms upholstered in their donor’s tartan, Goodman’s café (the toaster is Henein’s)— At far extremes, this business can dishearten Most students: but for access ramps and doors To let minds in, such things the mind abhors. The Ghosts of Tory’s Hall—our predecessors— Were bright young kids who fancied themselves scholars, And came with the same need as their professors: Not just the urge to whiten up their collars, Nor still to lord themselves above their lessers, Nor simply spend a lifetime grinding dollars. They came to win a richness of the mind As leaves such drab achievements miles behind. The monks of Lindisfarne were not the last To set their ceilings high—nor shall we be. We’ve thoroughly in vino veritass’d; We’ve striven for high honours (earned a “P”); And yet, the boundless wealth we have amassed Exceeds the debt, and even the degree: One short sleep past, the halls, the stacks, the shelves All turn to mist—and we are ghosts ourselves.

DIVERSIONS

February 27, 2019 | 25

26 | February 27, 2019

DIVERSIONS

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Rejected 1L Exam Questions The fourth in a series GABRIELLE MCLAUGHLIN (2L) Question 4 (CRIMINA L): Agamemnon and Burt are crack dealers, and they are not very bright. Everyone knows that dealers should never be users—everyone but Agamemnon and Burt. Together, they routinely use up most of their supply, which makes them unpopular with their suppliers and even less popular with their neighbours. When they make feeble attempts to push the product on passing teenagers, the teens usually respond with retorts like “Yeah, I can see that crack has worked wonders for you,” and “Haven’t you guys ever seen an episode of The Wire?” On the afternoon of July 7, Caligula, a respected journalist, approached the pair. He bought an eightball of crack, and, as he was walking away, he heard Burt tell Agamemnon that they were out of needles. Turning back to them, Caligula said, “I have plenty! Here, have one of mine!” and handed them one. Eyeing the broken seal of the packaging, Burt asked, “Are these used?” to which Caligula replied, “Nope! Fresh as anything. You can both use it!” Agamemnon and Burt looked at each other, shrugged, and went ahead, using the needle together. When Caligula returned to the of f ice, he went to the water-cooler and told his colleague, Dracula, that he had just given the drug dealers an infected needle. “I have Dutch Elm Disease!” he laughed. “Those idiots are going to turn yellow and then their roots will die!” Dracula laughed along with him, and the two of them went to the workplace washroom, opened some fresh needles, and enjoyed the eightball while drinking cooled water. Caligula had planned to meet Ernie (Agamemnon and Burt’s supplier) to interview him for a story that evening. In his crack-haze, he asked Dracula to come along. The two of them met Ernie in a café at 8 pm and watched him conduct a few transactions. They learned that the crack Ernie supplied—the crack they had just taken—was cut heavily with sandwich meat. Dracula recorded the transactions and the interview on a massive multi-track magnetic tape device without asking Ernie’s permission. When Ernie realized he was being recorded, he picked Dracula up by the scruf f of the neck and said: “I ought to strangle you with your weird 1940s technolog y!” Caligula stepped in, and, in a sandwich meat-induced rage, bludgeoned Ernie to death with the water-cooler that he had inexplicably brought along. Caligula and Dracula have been arrested, and Dracula has a rap-sheet a mile long. His previous convictions go back to the 1970s, including oyster theft, carrying too many coins, fraudulently claiming his syrup was 100% maple, and f irst-degree murder. Agamemnon and Burt are beginning to wilt, and their bark doesn’t look too good. Advise Dracula. You can assume that he is carrying a lot of coins and has sticky hands.

Dear Denning

Dead hand from the grave opines on current problems LILY CHAPNIK ROSENTHAL (2L JD/MSW)

Q: Dear Denning, the only date I had on Valentine's Day was my 6 to 8 PM evening lecture. Tort or no tort? —Lonely in Law A: In February, Current Problems in Contract Law is the delight of everyone. Therefore, there is no tort. However, the 2018 –2019 JD Admissions Guide includes a promise that students will “Transcend Their Textbooks.” This is doubtlessly a contractual promise. You could make a claim grounded in promissory estoppel. There are estoppels and estoppels, and this is surely the latter. However, your school has no obligation to provide the requisite sad human willing to go out with you. In conclusion, wait until summertime, when cricket is the delight of everyone instead.

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DIVERSIONS

February 27, 2019 | 27

Intra Vires

Totally real news from around the law school RORY SMITH (2L) University Bans Written Materials The University of Oxford has implemented a policy banning written materials in the classroom, citing an erosion of the oral tradition. Not to be outdone, the University of Cambridge has banned all use of language entirely in an effort to revitalize the pheromone-based communication systems of the past.

Crowdfunding Campaign Started for Ben Barrett (1L) Barrett, the recently self-appointed VP, Vending Machines for the law school, has started a crowdfunding campaign for himself after spending what remained of his life savings on every flavour of pop at the new vending machine. When asked if it was worth it, he said “it was the best $23.75 I ever spent—I get to add ‘VP’ to my email signature now. Economically, it comes down to less than $12 per letter. What a steal!” No word yet if he also plans on enrolling in the JD/MBA.

Missed Connections, Follies Edition. Me: A 1L who had never attended Follies expecting a quiet night at the theatre. You: A 3L passed out by the bar midway through Act I. You: A noted member of the faculty with a penchant for ad-libbing. Me: A student called-out by name during Follies.

In Memoriam: The Wheel of Grading (Feb 2 – 7, 2019). You were a 6’ novelty wheel constructed of cardboard, duct tape, construction paper, and love. Twenty hours of labour for a thirtysecond joke. Cruelly taken from us too soon. You will spin forever in our hearts. PHOTOS (CLOCKWISE FROM TOP LEFT) BY RORY SMITH (2L), RORY SMITH, LAWRENCE VEREGIN (‘18), AND RORY SMITH.

Alternate Deks for Niblett’s Interview Or, how the Editorial Board shot down all my amazing subheadlines RORY SMITH (2L)

999 Dates on Tinder 999 Days of Tinder 999 First dates A horizontal arrangement A palate cleanser Advice on picking winning numbers Crunching the numbers Dating and despair How I learned to say no to puns and yes to radioactive law-ve It is not uncommon to dance Law and tinder-nomics Left for students, right for love Love bytes Once upon a swipe Patiently crafting puns Say no to Monroe Simple and not too shiny Swiping for love Tall enough to ride The law and economics of tinder