March 2, 2009
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OBITERdicta “The definitive source for Osgoode news” Osgoode Hall Law School, 011 York University 4700 Keele Street Toronto, ON M3J 1P3 Tel. 416.736.2100 x77527 Fax. 416.736.5736 E-mail. ObiterDicta@osgoode.yorku.ca Website. www.yorku.ca/obiter
“When I get mad, and I get pissed / I grab a pen and I write out a list / of all you assholes that won’t be missed / you’ve made my shitlist.” - L7, “Shitlist”
Editors-in-Chief: Rebecca Ross Stephen Spong Business Managers: Brandon O’Riordan Kathy Peto Features Editor: Tamara Maurer Hero: Jonathan Tong Associate Editor: Neil Wilson Copy Editor: Lauren Kehoe Staff Writers: Dan Waldman, Jamie Greenberg, Katya Pereyaslavska, Sara Nooraei Contributer Extraordinaire: JP Rodrigues Staff Photographer: Katya Pereyaslavska Poet Laureate: Rob Smith Contributors: Adrienne Lei, Karen Steward, Vanessa Amyot Articles are due at 2 p.m. on the Wednesday before date of publication. The appropriate maximum length for articles is approximately 800 words. Please submit articles in Microsoft Word format via e-mail attachment to obiterdicta@ osgoode.yorku.ca. The Obiter Dicta is the official student newspaper of Osgoode Hall Law School. The opinions expressed in the articles contained herein are not necessarily those of the Obiter staff. The Obiter reserves the right to refuse any submission that is judged to be libelous or defamatory, contains personal attacks, or is discriminatory on the basis of sex, race, religion, or sexual orientation. Submissions may be edited for length and/or content. The Obiter Dicta is published weekly during the school year, and is printed by Weller Publishing Co. Ltd.
monday- march 2 - 2009
In Defence of Hatred
When I found out that I was scheduled to do the editorial for the Hate issue, I felt like a kid on Hanukkah morning: kind of excited, but worried about the pressure of it all (it’s a well-known fact that the Ross family is a hard bunch to please, especially when it comes to latkes). I rail against so many things on a daily basis, the pressure of having a full editorial in which to explore this topic in depth nearly immobilized me. However, being forced to channel my amorphous hatred into an organized diatribe made me realize that hate isn’t such a bad thing after all. As with most binaries, one aspect informs the other; if I didn’t despise certain things, I wouldn’t be able to appreciate the things I love. In this fashion, I think that hatred is healthy to one’s well-being, mine in particular. I hate it when several people talk to me at once. I feel overwhelmed, and I end up just not hearing anyone. But the offshoot of this is that when I do speak to people one-on-one, I appreciate the luxury of being able to hear them without Jon Tong squawking in my ear about how Sidney Crosby sucks while Spong hollers that I’m stifling his creativity. It’s a real treat to devote my attention to one person, rather than yelling at several. The targets of my ire appreciate this too. I hate paying an exorbitant amount of money for the soggy veggie wraps in the cafeteria; the time saved by purchasing pre-made food is not worth the revulsion I feel towards limp alfalfa and slimy avocado. However, when I do have the time to wait for a decadent, double-decker grilled cheese sandwich or a delicious grilled vegetable panini, I enjoy it even more than usual. In this regard, the caf ’s prepared food makes the fresh food even more wonderful (though I do question whether my culinary taste has been thrown off from years of Kraft Dinner). I hate modern-day romantic comedies. If I see another trailer for a Kate Hudson film wherein she
is any one of kooky, crazy, zany, free-spirited or the object of Matthew McConaughey’s affection, I’ll throw something at my TV. I am firmly of the opinion that Nicholas Sparks novels should not be made into films, ever, and The Women remake, starring the sadly declining Meg Ryan, is less of a celebration of femininity than an offence to it. Yet there is a benefit to these cinematic embarrassments: they make When Harry Met Sally look like an epic. I can re-watch that film and truly appreciate its wit, timelessness, and most importantly, lack of insipidity. The same cannot be said for Bride Wars. Finally, I hate a lot about law school. I hate Contract Law; I still shudder at the memory of having to forget the English-language definition of the word “consideration,” with which I was familiar for the preceding 24 years of my life. I hate sitting in a hot, crowded Commercial Law classroom and being told by Professor Dhir that I have to close my laptop when I’m in the middle of a very important msn conversation. I hate the unsanitary women’s basement washroom, the glacially-paced pub night bar service at the JCR, and Room 204 generally. But I love the Obiter office, especially its couch and bar fridge; I love the readily-available Diet Dr. Pepper; I love the kitschy, law-themed movie posters in the library; and I love the friends that I have made during my three years here. Thinking about the latter list allows my nostalgia to overcome my vitriol, which is beneficial to everyone around me (some of whom are talking all at once as I write this, and making me angry again. I’m going to take deep breaths and think of grilled cheese sandwiches). Hate can thus be used for good, and not just evil. Things that are truly deserving of appreciation rise from the ashes of our collective fury. With this sentiment in mind, please enjoy this week’s issue, get riled up, and then tell someone that you love them. ~ R.R.
Congratulations to Luke Field!
The winner of the Obiter Dicta’s writing contest, with his top 10 rewatchable movies, has managed to snag himself a pair of coveted tickets to the Dean’s Formal. Way to go!
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The Greenberg Guide: Part 3 Get a hate on
Jamie Greenberg Staff Writer
you are about actually being a jerk. You realize you’re a pretty mediocre person in general, probably deserving the haterade that’s quenching (This is Part 3 of a Valentine’s Day three-part series. your reputation right now, but you realize something Two weeks ago, the Greenberg Guide discussed some needs to be done. of the keys to romance, last week we explored how to You don’t want this girl as your wifey, but you kind close the deal, and this week we deal with the hater- of want her to stop talking shit about you. Hey, maybe ade.) you can even get a hatefuck out of it. Unlikely in my You did everything the Greenberg Guide told you opinion, you amateur. to do. You send her a funny card. Maybe one from someeYou were nice, but not too nice. cards.com that is both direct and ironic. She smiles. You bought her trinkets and such. Hmm. She remembers that even though you’re a jerk, You held the door at the restaurant. she did at one point like your dry sense of humour. You were a little mean, but complimented her too. She then remembers your good looks, or at least your You LISTENED. not-that-bad looks. You were really, really, really good You are on your way to recovery. looking. You see her online, probably on You gave and received good hugs. Facebook, cause she blocked you You took your lactose intolerance on MSN. You say “Hey, long time pills. no speak,” making sure your casual You backrubbed. grammar is on point. She probably You made jokes. takes a little longer to respond then You went for it. would seem ideal, but eventually she You fornicated. does. You performed poorly. You make no mention of your stuYou blamed it on the booze. pidity, but you say you really want to You told her it was more fissee her again. She relents to a movie. cally responsible to take the subway Pick one she will like, maybe even home. one you both talked about at a cerYou didn’t call. tain point. Now’s no time to assert You didn’t text. Thank you Jamie! Yes, you. some manliness, dumbass. You were lonely the weekend Before you go for the movie you after. reread Part 1 of the Greenberg Guide (“Romance”). You texted her at 3am, no response. In your head, you both hate and love me at the same You heard from your friend, who’s friends with her time (I promise I’m not as narcissistic as I come off friend, that she hates your fuckin’ guts. And the friend on paper.) of a friend of a friend actually used the word fuckin’. You admit to your wrongs on the movie date (she’s No G, just an apostrophe. going to forgive you because she already agreed to go You feel hurt. out with you.) Take note of A-Rod’s apology; not the You don’t understand why she hates you SO much. part where he said he didn’t know the pills weren’t tic I mean, did she really have to include that tidbit about tacs, but more the part where he says I screwed up your sub-par performance or below average utensil? and I wasn’t thinking straight. You probably weren’t Was that really necessary? I mean, you totally under- thinking straight, so it’s not even a lie. Oh, and pop a stand her being mad, but that’s cold-blooded. Oh, and few real tic tacs before you make your plea; everyone she’s hating you on the internet too. Your Facebook appreciates fresh breath. is blowing up like it’s your birthday morning except You have neutralized the situation. Excuse yourself instead of “happy birthday” you see “jerk”, “bastard”, to the nearest internet café, and re-read Part 2 of the “baby killer”. Unnecessary, really. Greenberg Guide (“Closing the Deal”). You wonder what you did wrong. Oh, yeah, now You’ve closed the deal. you remember. You’re welcome. You give it a good think, and you realize you’re You write me a little thank you note (not needed, Osgoode - Obiter Dicta Banner size Ad:Layout 1 18/08/2008 3:31 PM Page 1 more mad about someone out there hating you then but always appreciated).
Dan Waldman Staff Writer
As you, our loyal readers, are well aware, the past few issues of the Obiter have featured opinion articles on one of the most heated and politically sensitive conflicts of the past century. I am referring, of course, to the perpetual fighting between Israelis and Palestinians on a tiny sliver of land on the other side of the world. Keeping with the hateful tone of this issue, I would like to say that I hate this conflict and I wish it would go away. Don’t get me wrong, I absolutely do not hate Israel. On the contrary, I am a very strong supporter of the Jewish state, and I will not cop out and say that I don’t take sides on this issue. But my politics are not relevant here, and they have nothing to do with my hatred. So what is it that I hate about this conflict? Frankly, I really hate what the Israeli-Palestinian debate has become, especially on the campuses of educational institutions across the world. The fact of the matter is that this debate has become so heated that no one can discuss it, write about it, or even allude to it without offending and angering someone. It took me a long time to reach this level of hatred and I didn’t always feel this way. Israel used to be my favorite topic of conversation, and for a time it became the only thing I cared about. The last time I traveled to the region was during my idealistic phase. I went there as a reporter, to cover my favorite issue for one of the world’s biggest news organizations. Unlike my perception of every other journalist out there, I was determined to do my job in an objective manner. I wanted to cover Israel in a way that appeased its supporters. A mere two weeks into the job, my friend sent me a link to a pro-Israel lobby group where my name had come up. Camera.org was apparently keeping a file on me as one of those journalists to look out for. Unfortunately for me, I was not being praised, but rather blacklisted. My reporting was labeled as biased against Israel, despite my best efforts to the contrary. After learning this hard lesson, I decided that I would detach myself from this issue as much as possible. This did not mean that I stopped caring about what was happening in Israel, but I began to hate everything about it on this side of the pond. I hate these massive ‘free Palestine’ protests downtown that prevent people from walking across the street. I hate not being able to walk from the bus stop to Osgoode without people shoving annoying leaflets in my face I hate these “Stop Israeli Apartheid” stickers that are turning up all over the city, and I hate how close friends and family are always sending articles about how Israel is unfairly demonized in the press. Lastly, I hate how I got dragged back into this issue after Hamas and Israel started fighting again last month. Needless to say that I hated seeing this can of worms opened up in the Obiter. I do not mean to suggest that I hated all the articles that were published, but I did hate that this debate was opened up in a public forum at Osgoode. For the time being, I am happy that the articles have stopped, and I hope that the Middle East begins to stabilize in the coming months. In the meantime, if you want to open up this debate again, think hard about not only what you say, but also how you say it. The better alternative is to discuss it amongst yourselves, and keep things civil and respectful, lest you provoke my hatred.
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We Roll Big: JP & Shane, Part II
3. Your comments in the online survey you probably read previously in the Obiter, Osgoode 2. Your concerns as expressed in informal inter- (and York University) is adopting a new practice of actions only recognizing statutory holidays in the setting of class and exam schedules (i.e. amending the current JT INTERVIEWS OSGOODE’S (SEMI?) JT: What do you say to students who feel that SC policy and practice of not scheduling classes on the DYNAMIC DUO was not neutral during the strike? Jewish high holidays). SC is advocating that the existing audio recording policy be changed to allow for the Last week, I sat down with Legal & Lit’s President, Shane: In my opinion, SC maintained its neutrality recording of classes for students who cannot attend JP Rodrigues. This week, I finish off this two-part series with an interview with Student Caucus (SC) Head by not supporting any side in this labour dispute. SC because of religious observances. never took a position on the strike. Despite Osgoode Shane D’Souza. Rock and roll. resuming classes, the strike continued. All courses JT: I’ve heard there is beef between SC and Legal JT: First off, thanks for taking the time to do this instructed by professors who were members of CUPE & Lit. Is this true? 3903 were suspended until the end of the strike. With interview. respect to crossing picket lines, SC wanted students to Shane: “Beef ”? Is your name Ja Rule? Both branches have a choice, one they never had before. This is why of student government are working hard to serve your Shane: Thank you for inviting me to this interview, students could either attend classes on campus, listen needs and protect your interests. (Editor’s note: Is that JT, and for wearing that extra small t-shirt. to audio recordings or claim protection under Senate a joke? Shane makes jokes now??????) The only time policy. that issues arise is when booking the Legal & Lit room JT: You wish, buddy. for slumber parties…. JP always drops rank. JT: The survey sent out by SC became quite conShane: I was not aware that your first interview JT: First Year grades came up a little while back with me and JP was read by anyone, let alone that it troversial. How would you respond to criticism about the survey? and the usual amalgam of panic and angst has begun ‘struck any chords’. I can only hope that this interview setting in. What advice do you have for First Years, maintains the high standards of your other acclaimed Shane: Their concerns are legitimate. The survey particularly with respect to grades, First Year jobs pieces. could have been better worded. Nonetheless, the and the summer break? JT: I do what I do. So how about that strike? survey was vetted and refined by 14 other student Shane: First Years should have attended the session This was clearly a complex matter and I am sure government representatives before it went out. While this certainly does not negate the interpretation issues I organized last week, entitled “Surviving First Year: that there were several competing perspectives. How did you inform yourself of student opinion at that some students had when answering the survey, it What they Didn’t Tell You At Orientation!” does convince me that the criticisms levied were not Osgoode? representative. First Years, I know exactly how you feel right now Also, SC recognized that aggregate numbers would and I would not want to relive it. Here are 10 pearls of Shane: When the strike first started, I took on more of an information gathering role than the role of an not reflect individual nuances, which is why a com- wisdom that may help you: advocate. You saw me send several emails updating ment box was provided after every substantive ques(1) First year is the toughest time in law school for students on matters of their interest. At the same time, tion. Additionally, the survey formed only a portion of most students. the SC email account received many emails from conthe feedback that I used to guide my actions. In addi(2) It gets so much better in second year when you cerned students. Each of these had to be personally tion, quantitative data (percentages) were not quoted get to select your only courses and make your own replied to. As the strike went on, I better understood by me in any public statements to the faculty or the schedule. what Osgoode students wanted and pursued it, namely (3) Your grades are obviously not a measure of the resumption of classes as soon as possible to ensure administration. I found the qualitative comments more useful. your intelligence, but they are a golden ticket to many that the school year was not delayed. When acting on opportunities. your behalf, I had to balance the following: JT: What is SC working on these days? (4) It does not matter if you did great or performed below expectations in your Fall semester. If you 1. Feedback from your student government repShane: We are continuing to serve your interests. did great, your colleagues who did not are going to resentatives 2. Your concerns as expressed in emails to Stu- One such example is addressing concerns from stu- sharpen their game and come roaring back. So, do not dents about changes to the sessional dates next year. As slack off. If you performed below expectations, find dent Caucus out how to raise your game. This may require talking to professors, friends and Upper Years. (5) There are some things in law school that you can control and there are other things that you cannot. Grades for the most part are unpredictable. So… diversify your portfolio – get involved in student organizations. (6) Do not just get involved in student organizations – seek out leadership roles. (7) Do not worry about obtaining a law-related job during your first year summer. For most of you, this will be the last summer that you can spend doing exactly what you want. (8) Speak to Upper Years. We have the scars and are more than willing to show it! Where great work and great people come together. (9) Do not be competitive. Instead, make good friends in law school - they will help you get through soooo many difficult situations. (10) Email askshane@gmail.com if you have any Blake, Cassels & Graydon LLP specific questions that you think I can help with. JONATHAN TONG Managing Editor
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JT: Elections for next year’s SC positions are just
monday- march 2 - 2009
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page JT: What was your main motivation for running for SC? Shane: My chief motivation? I know this sounds arrogant, but I honestly believed that I was the best person for the job. JT: Finally, please use one word to describe each of the following: (a) Student Caucus; (b) Legal & Lit; (c) Law School; (d) Dean Monahan; and (e) CUPE 3903. Shane: (a) Student Caucus – Advocates (b) Legal & Lit – Organizers (c) Law School – Gatekeeper (d) Dean Monahan – Cerebral (e) CUPE 3903 – Real JT: Real? Shane: Some of us naively label CUPE 3903 and their supporters as a radical group with no business doing what they did. Lets not forget that these are real people with real interests. While I do not agree with many things CUPE 3903 did, I thinks its important for us to refrain from demonizing a collective bargaining unit for trying to assert their interests. The strike was a sad commentary on many things… JT: Last week, JP associated CUPE 3903 with the word “gangbang”? Thoughts? Shane: JP is entitled to discretionary brain farts. Seriously though, I know that JP was joking when he said that. Now tell me I am great.
around the corner. What advice do you have for Shane: Without a doubt. I will always be grateful students who are thinking about running? What’s JT: You are great, you are my hero…hail the to SC for electing me to be their Chair. It has been the process like? ‘Sultan of Spin’, and so on and so forth. Sorry, I just UWmtax_obiter08.qxd:Layout 1 8/26/08 10:34 AM Page 1 more than an honour and I hope that my dedication threw up in my mouth a little bit. Shane: Run… its an excellent opportunity to take has validated their trust in me. a leadership position and help shape student life at Osgoode. Do not let yourself be discouraged if you were not on SC or Legal & Lit in your first year, neither was I. JT: Given all the issues that have surfaced these past few months, this has clearly been a trying school year for you. If you could do it all over again, would you still sign up for your post?
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OCO Date Auction Profiles Year of Study: 1 Former/Current Section: B
Any hidden talents? Hating on shit. Morning/Afternoon/Evening/Midnight Special? All of the above.
First thing you think of in the mornMost attractive feature on a girl/guy? Hair. (The ing? Why is Jasdeep kind on your head.) so damn sexy? Best pick up line? Do you work on a rooster Weirdest place farm? Because you look like you know how to raise you have…stud- cock. ied? Athens train s t at i o n … . t r o u b l e ensued. What is your ideal first date? Trekkie Convention, dinner at the Osgoode Caf followed by a moonlit walk across the beautiful campus that is York U. Name: Ainsley Noon Year of Study: Exchange student at Osgoode… so 2nd/3rd (5th yr in Australia). Former/Current Section: Really D but also E (E = exchange)
Any hidden talents? Yes, and they shall remain hidden. Morning/Afternoon/Evening/Midnight Special? All of the above. Most attractive feature on a girl/guy? I will be cliché and say eyes.
First thing you think of in the morning? If I Best pick up line? If being hot is a crime, you are wake up and it’s still morning, I’m doing well for guilty as charged. (For all my law student friends myself… so I guess, “Wow, this has the potential to who insist on using this…) be a productive day!”… It never is, haha. Weirdest place you have…studied? Basement of a court in Spain… I take the law seriously in all aspects of life. What is your ideal first date? Raptors game with a random Osgoodian… Any hidden talents? I’m psychic, eg. I just heard the auction is for a Raptors game date! (See above.) I also have an accent. It’s not hidden. And it’s not a talent, as such. Morning/Afternoon/Evening/Midnight Special? I don’t know what this means… perhaps it’s an Australian/Canadian slang barrier…. But I like long walks along the beach. And if anyone else has said that, it’s more legitimate for me because my country is like one big beach! Most attractive feature on a girl/guy? Eyes. Best pick up line? Um, I’m too cool for school re: pick up lines, but at a kegger some guy said to me “Hey, I go to Schulich” so I said “Is that supposed to impress me mate? I go to OSGOODE!” Name: Amy Maginley
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Name: Andrea (Drea) Linden Year of Study: 2 Former/Current Section: C First thing you think of in the morning? How much longer can I pull off staying in this warm bed, curled up in a ball and super comfy….? Weirdest place you have…studied? In the back hallway above the moot court, during mock trial this year.
What is your ideal first date? Something lowkey like going out for coffee, drinks or dinner and doing something fun, like playing pool. That way Name: Dan Hartrell you can chat, but it’s relaxed. Plus, I love being underestimated at pool… Year of Study: 3 Any hidden talents? I’m not sure if these qualify Former/Current Section: A as “talents”, but I can rotate my arm in a 540 degree circle, put my feet behind my head and touch my First thing you think of in the morning? Going tongue to my nose. back to bed. Morning/Afternoon/Evening/Midnight SpeWeirdest place you have…studied? … on a cial? All of the above. washing machine. Most attractive feature on a girl/guy? Eyes and What is your ideal first date? Receiving a smile. resume/letter of reference to earn a second date. Saves a lot of time. Best pick up line? Excuse me, do you have a
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Year of Study: 3rd
First thing you think of in the morning? More sleep…
Former/Current Section: C-Section… We’ll cut Weirdest place you have…studied? The you up! library…? First thing you think of in the morning? UsuWhat is your ideal first date? Studying at the ally, if I’m out partying, it’s “Where am I? Whose library. couch/floor am I sleeping on?” followed by “My breath smells like Jager and Swatow!” Any hidden talents? Studying all day at the library. Weirdest place you have…studied? In the phone booths outside of the JCR… Wait, we’re talkMorning/Afternoon/Evening/Midnight Speing about studying right? cial? Any time is special in the library.
Name: Jasdeep Singh Bal Year of Study: 1L Former/Current Section: A
What is your ideal first date? Ideally, one that Most attractive feature on a girl/guy? Their leads into a second. The best though was the old brain, I don’t judge books by their covers. Tuesday special. Toonie Tuesday at KFC followed by the discounted Tuesday movies. I guess that Best pick up line? No talking in the library. explains why there weren’t seconds, lol. Name: Tim Hudek Any hidden talents? If I told you, they wouldn’t be hidden anymore! Year of Study: 1
First thing you think of in the morning? Where Morning/Afternoon/Evening/Midnight Speare my boxers? cial? Err, all of the above!?
Former/Current Section: C
First thing you think of in the morning? Oh Weirdest place you have…studied? Movie theMost attractive feature on a girl/guy? In the fuck, I am in law school, it wasn’t a nightmare. atre. words of Sir-Mix-A-Lot, “I like big butts and I cannot lie, you other brother’s can’t deny, when a Weirdest place you have…studied? A shower What is your ideal first date? Breakfast in bed girl walks in with an itty-bitty waist and a round in a hostel. . thing in yo’ face you get sprung!” What is your ideal first date? Probably July1st, Any hidden talents? Bird watching and G spotBest pick up line? Hey baby, do you know the there is always a party and fireworks. ting. difference between a steak and a blowjob? [No.] Well, let’s go grab lunch some time… Or for the Any hidden talents? Probably, but I hide them Morning/Afternoon/Evening/Midnight Spe- legal world: Hey baby, how ‘bout you grab your girl- so well I don’t even know about them. cial? Its an all day special with Jasdeep. friend and come back to my place and make me a third-party beneficiary!? Morning/Afternoon/Evening/Midnight SpeMost attractive feature on a girl? I’m sorry, I cial? All of the above. only look at a girl’s personality…. Most attractive feature on a girl/guy? I don’t Best pick up line? If your name was homework, like hermaphrodites. I’d be doing you on my desk right now. Best pick up line? “Yeah, you may have heard of Name: J.P. Rodrigues me, my nickname is Alex Proulx.”
Name: Mahroze Khan Year of Study: 1 Former/Current Section: D
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Mock Trial 2009
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6 Things I Hate About Life
Sara Nooraei Staff Writer
(6) Law Jokes: You know those jokes where you take one legal word out of context and use it as a pun (usually a sexist, sexual one) and then bring it up in every single conversation? We all know them as a staple from first year, when “penal” made us giggle and “estoppel” reminded us of our lovely grandparents. These jokes were funny because of novelty and mostly because they worked to take the edge off of the horrible stress of being 1Ls. But these jokes continued on to second year and now third year, most of the time evoking some lame sexual innuendo and accompanied by a “that’s what she said” (or worse “that’s what he said”) joke. And these jokes are irritating. No one wants to hear them, especially people in third year. When I hear these jokes, it makes me wonder how these people interact with non-law school people. I mean, no one would get a “proxy” or “piercing the veil” joke unless they are in Buss Ass, and even then they would probably look at you like you are irritating them by reminding them of some horrible past experience. So, you, yes YOU, who keeps throwing out these jokes, STOP. Put down your school book for a second (and no, don’t go to the nearest bar), pick up something from Gaiman, Pratchett or Palahniuk, and maybe learn how to have a sense of humor. Or if you don’t want to read, just SHUT UP. (5) Pseudo Lesbianism/ Bisexuality When at a club (or more likely looking at peoples pictures from a night at the club), nothing irritates me more than pseudo lesbian/bixexual behavior. This kind of shit is offensive to people who are actually lesbians or bisexual because it’s done not because of sincere attraction but to get the attention of men and pander to some idealized sexual fantasy held by the guys around. People who engage in this sort of behav-
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ior are usually the most homophobic and closedminded people around. People who have a problem with someone dicussing masturbation openly but would grind on their female friends to the point of obscenity. These same people that freak out when ever “I Kissed a Girl” comes on and simulate sex on another girl, would never, ever befriend a real lesbian or bisexual person, because what if they hit on them. On that point, let me also say that I hate Katy Perry. Her song isn’t about female empowerment or sexual exploration, but rather about pandering to male fantasies. Why else would she have to mention that she hopes “my boyfriend don’t mind it”? Straight girls making out are hot, butch lesbians on the other hand? Apparently not so hot. (4) The Debate Over Health Benefits I am sick and tired of the debate over the health benefits of various foods, namely chocolate and wine (maybe wine isn’t food for some people, but it is for me). It’s almost as if people are trying to justify enjoying themselves. WHY do you insist on having an excuse for drinking wine? We all know you drink it because it makes life more tolerable. Has anyone out there really ever said, “hmmm, I’m gonna do something good for my heart today,” right before cracking open a bottle of red or unwrapping a pack of Kit Kats? Probably not. If you want to do something good for your heart, why don’t you go and run for 30 minutes? That’ll probably be better for you than sitting on the couch with your Wunderbar and cheap red wine watching the ladies on The View. (3) Commercial Use of Female Orgasms: Don’t you LOVE how everything throws women into loud, passionate, blinding orgasms? I mean, every day foods ( yogurt, chocolate, coffee), shopping, shampoo, men’s perfumes, and even household cleaning products seem to send women over that lovely edge we all search for. Except that they don’t. And it’s
Outstanding opportunities “Since joining the firm, I’ve worked on a diverse and exciting range of files. As an articling student, I worked with several lawyers on the acquisition of Hudson’s Bay Company. As an associate, I’ve had the privilege of working directly with the Honourable Frank Iacobucci on the Iacobucci Inquiry.”
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extremely offensive and sexist to suggest otherwise. I’ll admit some of this is expected. AXE has essentially based its entire campaign on driving women crazy through one whiff, but at least AXE has a sense of humor about it. And it’s a product targeted at men, exploiting men’s soft spot (haha I made a pun see non-law puns aren’t that hard). But the commercials I find most offensive are the ones that are promoting their message as some accepted universal truth. Such as that chocolate can give you the same pleasure sex can (it can’t, TRUST me, I’ve tried), or that yogurt will lead to orgasms and make you thin (also a lie, dairy products lead to weight gain. Also I’m lactose intolerant so consuming any such thing would lower my already dismal chances). The WORST offenders of the bunch, however, are commercials for cleaning products. They depict women as enjoying cleaning a little too much. Using Sweeper Wipes, leads to orgasms ladies, so clean, clean, clean before that husband of yours comes home. He can’t give you orgasms but still deserves a clean home. I don’t think so. Unless you’re cleaning my house, I’m not taking care of yours. Case closed. (2) Self-Help Books There I said it. I hate self-help books. Books on dieting, getting your life straight, dating, finding a husband, LSAT, MCAT, whatever. Especially the second last one, because it helped me end up here. And unlike the LSAT, MCAT books that may end up helping you in one way or another, these “life success” books don’t help anyone except the author. I always wonder if the people who actually buy these books ever ask themselves, if this person is so successful at life, why the hell do they need to write a book to make money off of it? Because, let’s face it, most people don’t go through the problem of writing a book and looking for an agent and publisher just so they can help the world. And that’s another thing: what kind of egomaniacal person assumes that he/she has the solution to every single persons financial/love/self-esteem/weight/gullibility problems? Margaret Atwood once referred to beauty products (particularly those aimed at the aging consumers) as “hope in a bottle”, and these books are basically that. Nothing but printed hope, on sale in the bargain bin at Chapters. (1) Oprah Yes. Mother-@#$@$-Oprah. The Oprah who introduced Oprah’s Book Club to the world. She who is responsible for horrible, sappy reads forced on the masses who consume every word she says as if she’s the next coming of L. Ron. Hubbard. The Oprah who uses authors, endorses them, and then throws them under the bus. As she did to James Frey, who, in all honesty, is one of the few great writers she’s ever had on her show. The Oprah who thinks being anorexic is funny, and regards skinny women with such disdain and hatred that you wonder if she is all that. The Oprah who thinks a country where women are forced to take pills to gain weight and die of health complications, is a good place because fat (read obesity) is the standard for beauty. She who doesn’t understand that requiring women to stray from healthy standards is wrong, whether be it fatness or skinniness. The Oprah with her stupid “Favorite Things”. As if she’s some symbol of taste and modernity. Yes, I HATE Oprah. Deal with it. (A Twinkie may help).
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Holla @ Ya-Boy
Best Director: Danny Boyle Best Actor: Mickey Rourke Best Actress: Kate Winslet Hey JP, Best Supporting Actor: Heath Ledger Best Supporting Actress: Taraji P. Henson How’s it going? None of us managed to get tickBest Original Screenplay: Milk ets for Dean’s Formal this year. Are there going to be Best Adapted Screenplay: Slumdog Millionaire more tickets available? I really, really want to go! Best Animated Feature: WALL-E (Andrew Stanton) Unfortunately, there are both financial and capacBest Foreign Language Film: Waltz with Bashir ity issues that prevent us from allowing more students to attend the Formal. Dean’s Formal is a Third Year Event and any additional tickets after third year sales conclude are made available to the rest of the school on a first-come, first-serve basis. Sometimes there are more than enough tickets, while in most cases, not all first and second year students are able to attend. It’s like the Grade Nines getting to crash the Senior Prom! For those of you who were fortunate to get tickets by camping out in the Legal and Lit office as early as 3 AM, I have been assured by our absolutely amazing Third Year Rep, Stephanie Quesnelle, that this is going to be the GRANDEST Dean’s Formal ever! Steph has worked tirelessly in planning such a spectacle and I would like to commend her efforts in putting this on, virtually single-handedly! jp rodrigues Legal and Lit Prez and Sexy in a Dress
JP, Who will be the Barack Obama to your George W. Bush reign of terror at Osgoode? Ouch. That’s the question that I’ve been asking myself of late. I encourage any and all interested students to run for any position on Legal and Lit. It is a very rewarding experience as you essentially get to be a CEO or on the Board of Directors of a half a million dollar corporation. Of course, it involves a significant time commitment, so please do not take your decision to run lightly. JP, Legal and Lit cannot stand on the sidelines anymore. The students of Osgoode demand you take a stand against the injustices occuring on the island nation of Bazali. JP, it is your duty to condemn the massacres occuring, and pass an immediate resolution asking for the cessation of hostilities in this far flung portion of the world. Don’t stand on the sidelines anymore, end the bloodshed. Thoughts? Do I look like the YFS!?!? No matter what you thought of the job Legal and Lit did this year, at least we don’t have 5,000 signatures demanding our resignation!!! In response to your question, Legal and Lit does not feel the need to get involved in international issues that extend beyond the realm of our control. While the atrocities in Bazali are unfathomable, passing a resolution to condemn either party is simply not professional.
JP: Always up for a bit of transvestism
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Hello JP!
I would like to volunteer to help out for the Lawyers Feed the Hungry. How can I do so? The Law Society of Upper Canada would like to make the month of March, an Osgoode Hall Law School Volunteering Month. In particular, they are asking Legal and Lit to bring student and faculty volunteers on the following Wednesdays from approximately 4:30 PM – 7:00 PM: Wednesday, March 11th Wednesday, March 18th Wednesday, March 25th For more information about the Lawyers Feed the Hungry or if you would like to sign up volunteer at the Law Society of Upper Canada’s cafeteria, please email JP Rodrigues at holla@ya-boy.com and help give back to the less fortunate! Yo JP, It seems that your heroes have been exposed as a bunch of cheaters. A-Roid, for starters, not to mention the gratuitous use of Vaseline by Georges St. Pierre. Please defend your bromance for both of these individuals. I don’t even know what to say about A-Rod. You will have to talk to his “cousin” in the Dominican Republic. As for GSP, come on. BJ Penn got obliterated for 4 rounds to the point he couldn’t even continue. If GSP was guilty of anything, it was beating that bum to “the death.” He was just trying to get a new Vaseline endorsement deal.
Hang Your Hat Here… We are looking for students with diverse backgrounds, eclectic interests and entrepreneurial spirit to hang their many hats with ours. Be a part of one of the most dynamic legal practices in Canada. Contact our Assistant Director of Student Programs, Leigh-Ann McGowan at lamcgowan@casselsbrock.com or visit our student website at www.casselsbrock.com
Hey, What are YOUR predictions for the Oscars? Best Picture: Slumdog Millionaire
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monday - march 2 - 2009
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Come and see gluttony at its finest as Osgoode Athletics presents its first ever Hot Dog Eating Contest. Support your favourite contestants all week by purchasing raffle tickets outside of the Moot Court between 12:30Ͳ2:30. If your contestant wins you will be entered to win a great prize!
What: Osgoode Athletics First Ever Hot Dog Eating Contest When: Monday, February 23, 2009 at 12:30 Where: JCR Why: In support of Lawyers�Feed�The�Hungry How: Big stomachs and even bigger mouths
Top 10 Things We Hate About Osgoode… Could we be looking for you? fmc-law.com/students
monday- march 2 - 2009
10. The presence of wheely-bags 9. The “helpfulness” of the IT Help Desk 8. That the Pass-Fail Option isn’t always available! 7. The Iron-Hand Dictatorship of JP Rodrigues 6. That it’s not located at Old Osgoode 5. SNAILS making out in the JCR and taking all the space in the library 4. The Pepsi Vending Machine that doesn’t take your quarters 3. The Clowns at the Obiter Office (I’m looking at you, Tong!) 2. The “plethora” of windows 1. The Cafeteria the OBITERdicta
10 Things We Hate About Osgoode (The Mix Tape) adrienne lei & karen Steward Contributers
10. Everybody Hurts (R.E.M.) 9. I’m a Slave 4 U (Britney Spears) 8. Cryin’ (Aerosmith) 7. Crazy (Aerosmith/Gnarls Barkley) 6. Runaway Train (Soul Asylum) 5. You’ve Lost That Lovin’ Feeling (The Righteous Brothers) 4. Insane In The Membrane (Cypress Hill) 3. Misery (The Moffatts/Soul Asylum) 2. What Have I Done to Deserve This? (Pet Shop Boys) 1. I’m Still Standing (Elton John) Bonus Tracks: Mo Money, Mo Problems (Notorious B.I.G.); You Make Me Sick (Pink); Cigarettes & Alcohol (Oasis); Get Me Away From Here, I’m Dying (Belle & Sebastian); Too Many Dicks on the Dance Floor (Flight of the Conchords); I Wanna Be Sedated (The Ramones); Lost (Michael Bublé); Like Eating Glass (Bloc Party); Tearz (Wu-Tang Clan)
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Don’t Hate On Family Law Vanessa Amyot Contributer
Family law has a bad rep. And I would argue that it is unjustified. Now, I admit that I may not be the most objective observer, but still, hear me out. When I tell people that I’m going to be articling at a firm specializing in family law, the typical reaction is less than enthused. Some people even curl their lips and ask, “Why would you want to deal with other peoples’ messy divorces?” From what I have observed, this prejudice against family law extends to law students. While the introductory family law course here at Osgoode is popular, I would venture to guess that this is largely because it deals with material that appears on the infamous bar exam. Once you get to the upper year seminars, the numbers plummet, and only those family law super-keeners like myself are left to fill the seats. I have often asked myself why this area of the law seems to be so unpopular. It may have to do with the fact that many do not view it as a lucrative field. It may also have something to do with underlying gender bias. Family law has been described as a “pink ghetto;” female lawyers are often encouraged to practice in the field, and make up a majority of the family law bar. This may be a result of their perceived ability to deal more effectively with “emotional issues,” but it probably also has to do with the fact that family law, for whatever reason, is seen as a less desirable area of practice. And let’s face it – there’s no denying the fact that family matters can get messy. So why, might you ask, would anyone be interested in practicing in this field? Well, I have asked myself this very question on more than one occa-
At our firm, the whole is greater than the sum of its practitioners. Collaborative. Cooperative. Collegial.
To find out more about our unique culture, visit: theogilvyrenaultdifference.com
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sion, and while some of my reasons may seem cheesy and idealistic, at least I can say that they’re honest. First of all, it is important to understand that family law is not just about divorce. While the focus is on the breakdown of relationships, the practice of family law touches on a wide array of legal fields, including custody, child protection, property division (including trusts, tax, and corporate law), and mediation and arbitration. Who knew you could have so much fun with the breakdown of a marriage? On a personal level, I was first drawn to family law because it deals with real people and, consequently, real life. This may sound simplistic but, to me, it is important. A family lawyer doesn’t sit in an office orchestrating mergers between large, faceless corporations. A family lawyer actually meets with clients face-to-face, listens to their problems, and gives them real advice. This was one of the most intriguing aspects of my summer work experience – I met with clients on a daily basis, and was able to follow their individual stories as they unfolded. To many people I’m sure this sounds like a nightmare, but in all honesty it was the most rewarding part of my job. People actually wanted me to listen to their problems and asked for my help. And often (thanks to the experience and expertise of the lawyers at the firm) I was able, in my own small way, to help them. For example, in one case I drafted a factum and a series of affidavits on behalf of a father who wanted to take his young daughter on a trip to Italy to visit his extended family. The child’s mother had refused to give her permission for the trip, as required per an existing agreement between the parties. When the judge granted permission for the holiday, the client actually teared up as he thanked me for my help. I know, I know, it’s so cliché – but it really felt good to make a difference in someone else’s life. The issues I dealt with were often much more serious in nature – spousal violence, child abuse, parental alienation – and every case, like every client, was unique. In many ways, family law is like a good soap opera: emotions run high and there’s always plenty of drama. Being a family lawyer gives you a unique glimpse into other peoples’ lives; it’s almost like a legitimate form of voyeurism. Over the course of a few months, I heard things from clients that were shocking and outrageous (some of which I cannot reproduce in print). I became acquainted with the most personal aspects of their lives (on one occasion my boss instructed me to ask a client how often she and her husband were having sex), and often heard things that they had probably never admitted to another living soul. And while it sounds wrong to admit it, there is something fascinating about other peoples’ turmoil. I’m not saying that family law is for everyone. As with any job, there are tedious moments. And I am the first to admit that it can be emotionally draining dealing with other peoples’ problems. But it is also a fascinating and incredibly rewarding experience. So to all the family law haters out there, I say: in my book, family law is cool.
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JT and Green- SOCIAL JUSTICE AT OSGOODE!! berg on the Bazali Crisis It is here …
Jon athan tong & jamie greenberg Arbiters of all that is Right and Just
Tong interviews Jamie David Greenberg on the crisis of the sovereign island nation of Bazali JT: So, Jamie, I had no idea that you were an expert on the impending constitutional military crisis situation going on in Bazali.
There is real energy for social change at Osgoode and yet, unfortunately, few students know what their colleagues are up to these days. Many of you do not realize that your classmates and professors are involved in non-governmental organizations, legal aid projects, and other forms of advocacy on issues relating to the environment, the wrongfully accused, the LGBT community, refugees, disability rights, and the list goes on and on. This is about “You”. This is about “Us”.
In the last week of February, and first week of March 2009, there are several events designed to put these issues on your radar, and give you all an opportunity to build comJDG: Well JT, there’s a lot of things people don’t know about me, such as the fact that I have four toes munity. on my left foot and also that I skeet shoot every second weekend. Seriously though, I’ve been a student of the Bazali conflict for many a year, and can tell things are only going to get much, much, much worse.
1. Monday, February 23, 12:40 – 2:30: Careers in Family Law in Room 207 (including child protection, same sex relationships, etc) and Careers in Health Law in Room 107.
JT: Well, start off by telling our readers who might not know about Bazali, where it is and what is going on?
2. Tuesday, February 24, 12:40 – 2:30 or Thursday, February 26, 12:40 – 2:30 (still determining date): Sharkwater (the movie), with comments from Professor Benjamin Richardson, supported by the JustLaw students organization (environment, animal JDG: Like, what is going on in the Marvin Gaye sense of the word or do you really want to know what’s rights). For more information www.sharkwater.com. happening?
JT: You’re just showing off now. JDG: Sorry about that. Well, the island nation of Bazali is located on the border of the Indian and Pacific oceans. It has a rocky terrain with many cliffs and crevices. The vegetation is mostly green, and the roads are narrow. The water is the bluest you’ve ever seen and there are fishes with beautiful scales that swim between your little toesies when you wade in. JT: I think people get the idea, tell us about what’s going on there. JDG: Well, the population is mostly expat Danish people (who call themselves Dagazalis) and Brazilian supermodels (who call themselves Bragazalis). They live on separate parts of the island. Tensions have always simmered below the surface, but until lately they lived in relative peace. That is until - depending on whose account of events you believe - the Dagazalis interrupted a sacred procession of the Bragazalis by extinguishing their sacred fire pit of love.
3. Wednesday, February 25, 12:40 – 2:30: Careers in Environmental Law in Room 207. 4. Monday, February 3, 10:30 AM – 12:30 PM: David Lepofsky, Disability Law and Advocacy, in the Moot Court Room. 5. Wednesday, March 4, 12:40 – 2:30: Professor Daphne Taras, Vriend in Room 204. 6. Friday, March 6, noon – 5:00 PM: Public Interest Day (an afternoon of workshops and information booths with Legal Aid Ontario, Ministry of Attorney General, Department of Justice, and private law firms working in the areas of disability law, immigration/ refugee, child protection, human rights, etc. and keynote speech from Elizabeth May, leader of the Green Party). Visit www.publicinterestday.com for the agenda, bios, and information on the organizations. 7. Saturday, March 7: SPINLAW a student organized and run conference that creates a space for students, local activists and community members to share their experiences and perspectives on current social justice issues. Visit www.spinlaw.ca for the agenda.
JT: Well, that seems pretty straightforward to me...
Please note!!! Registration is required for Public Interest Day and SPINLAW before Tuesday, March 3 (we have to confirm catering and do not want anyone to go hungry). JDG: Indeed, but the Dagazalis insist that they only Go to www.publicinterestday.ca AND/OR to www.spinlaw.ca.
did that because the Bragazalis swam in their part of the sacred swimming lake that is the centre of all life on the island.
Also remember that there are resources on campus. Did you know that Michele Leering, a lawyer and director of a legal aid clinic, is here on campus through the summer JT: This seems like it could probably be solved months and happy to chat with you? Contact her at mleering@osgoode.yorku.ca.
with a phone call or summit headed by someone of your stature...
Continued on page 16... monday- march 2 - 2009
Get involved, make some new friends, and remember … we are in this together. the OBITERdicta
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find a better work environment Environmental Law Careers Panel Discussion Do you have a passion for the environment? Are you concerned about finding a rewarding job in these challenging economic times? Join us for an interactive career discussion with three distinguished environmental lawyers: Elisabeth (Lisa) DeMarco, Partner and Emissions Trading Expert Macleod Dixon LLP Marlene Cashin, Staff Lawyer Ecojustice Cara Clairman, Vice President Sustainable Development Ontario Power Generation
Room 106 짜 12:40 pm 짜 Wednesday February 25, 2009 Brought to you by the
Osgoode Environmental Law Society & Career Services the OBITERdicta
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Congratulations!
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Continued from page 14... JDG: This is why I always enjoy interviews with you, JT. Flattery gets you everywhere. JT: I consider you a friend and colleague. JDG: Well, back to the Bazalis…I doubt any reconciliation can happen at this point. The camps are pretty entrenched. The women of the two tribes are engaging in a verbal war, and the men are preparing for slaughter. No one is listening to the other side. JT: So can anything be done about this situation at all? JDG: No. JT: Really? JDG: I am only one man, and as much as I would like to fight the good fight, I can’t do it alone. Will you help me JT? JT: No. JDG: Then I give up all hope. END (Editor’s Note: What can I say? We were desperate for content - S.S.)
The Obiter Dicta would like to congratulate the Tier One Osgoode hockey team on winning the York University Intramural hockey championship. Love law? And the promise of challenge, mentoring and opportunity? Consider a firm that defines itself by solving the most complex legal problems of the day. One that believes every member of the team – from the most junior to the most senior – has the potential to make a difference. Osler, Hoskin & Harcourt LLP. Our students know.
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monday- march 2 - 2009
Greenberg and Tong probably couldn’t find Bazali on a map... but then, neither could he. the OBITERdicta