Page 1

ISSUE 3 - OCT 1, 2012

Submissions are due at 5 p.m. on October 6, 2012. Please send your articles to:

The absence of open-arms to LGBTQA individuals in some pockets of society reinforces the need for our professions and our workplaces to continue to be role models in the community.

‘The Definitive Source for Osgoode News’

Out On Bay Street: A Signpost For Many Paths DOUGALS JUDSON Contributor

How To Write Well: The Economist Style Guide KAROLINA WISNIEWSKI Opinions Editor The Economist has its critics. Bloggers have taken to calling it “comically stupid”, other publications deride its biased outlook, and even Chomsky publically commented on its misrepresentations and lack of credibility. Although there is merit to some of these assertions, The Economist also has its strengths. Despite my unbridled anglophilia which predisposes my opinions, I’d venture to say that its healthy dose of dry wit and straight-shooting nature are appealing on several levels. It’s entertaining without being gimmicky, and informative without being dry. Disagreements aside, there’s one thing that even the most stringent critics of The Economist have to admit: its writing is impeccable. There are many virtues one can prescribe to The Economist, but humility isn’t one of them. Presumably aware of the excellent writing they publish week after week, the people behind the publication decided to compile a how-tobe-awesome-like-us manual, The Economist Style Guide. Though most of the book is full of

technical things to keep in mind (when should you write out abbreviations? what is the difference between per capita and per caput?), there is some sound advice on writing style. It’s easy enough to check your grammar or look a word up in the dictionary, but the real art of writing lies in the ability to convey ideas elegantly and clearly. Instructions on how to write correctly are abundant, but advice on how to write well is more difficult to come by and requires one to place a certain degree of faith in the source of this advice. If, like me, you are a fan of The Economist, you will likely find the suggestions in this book to be useful, easy to adopt and incredibly helpful. If you aren’t, then you will probably find them entertaining anyway, as a testament to The Economist’s elitism and snobbery. Either way, lets turn to some highlights. Right from the start, the Style Guide lays out some useful principles in the introduction, borrowed from George Orwell: » continued on pg 12

In July, I submitted a piece to my hometown newspaper in Northwestern Ontario. In my submission, I explained how tremendously important it is for individuals and organizations to be deliberately accepting and welcoming of lesbian, gay, bisexual, transgender, queer, and ally (LGBTQA) individuals, regardless of the known presence or absence of such individuals in their midst. In smaller centres, a developed set of LGBTQA interest groups, social networks, and corporate commitments may be lacking, and these elements are what set the tone for the community and create a visibly supportive environment for LGBTQA-identifying individuals. » continued on pg 4

Happiness Project: Fire All The Unhappy People CASS DE RE Features Editor Bloomberg Businessweek, formerly known as BusinessWeek, published an article entitled “Three Types of People to Fire Immediately.” The authors encouraged people in power of innovative companies to identify (and the weakest links are often easily identifiable) the members on his/her team who “passive-aggressively block innovation from happening and will suck the energy out of any organization.” The type of people who will elicit pressing pink slip treatment were categorized into three stereotypes: The Victims, The Non-Believers, and the Knowit-Alls. » continued on pg 7

page 2


“The definitive source for Osgoode news” Osgoode Hall Law School, 0014G York University 4700 Keele Street Toronto, ON M3J 1P3 Tel. 416.736.2100 x77527 Fax. 416.736.5736 E-mail. Website. Twitter. @obiterdictaoz “It is not enough to be industrious; so are the ants. What are you industrious about?” - Henry David Thoreau Senior Editor-in-Chief: Nancy Situ Editors-in-Chief: Thomas Mastoras, Travis Weagant Business Managers: Kristina Bliakharsky, Adam Cepler, Kerri Crawford Features Editor: Cass Da Re News Editor: Nadia Guo Opinions Editor: Karolina Wisniewski Arts & Culture Editor: Max Paterson Sports Editor: Andrew Cyr Staff Writers: Angie Sheep, Christopher Fleury Crossword: Emily Gray Contributors: Elsie Borden, Douglas Judson, Citlally Maciel, Jihee (Marie) Park, Daniel Styler Layout Editors: Julia Vizzaccaro, Harjot Atwal, Devin Santos, Patricia Wood, Wendy Sun Website Editor: Ricardo Golec Articles are due at 5 p.m. on October 6, 2012. The appropriate maximum length for articles is 1200 words. Please submit articles in Microsoft Word format via e-mail attachment to obiterdicta@ Please attach photographs separately; do not include them in your Word document. 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 biweekly during the school year, and is printed by Weller Publishing Co. Ltd.

monday - oct 1 - 2012


Who’s Afraid Of Pauline Marois ? There’s an elephant in the Canadian room right now that this publication hasn’t yet addressed. There’s a new Premier on the scene, and she (apparently) means business. Pauline Marois has spent the last two months saying deliberately shocking things to rile up anglophone Quebeckers and the citizens of the so-called “Rest of Canada” (or ROC, for short). Here are a few reasons why you shouldn’t care. First of all, Marois and her new Parti Québécois (PQ) government are too busy to give anyone any real trouble. They definitely have their work cut out for them in the coming months. They currently await the results of an inquiry into corruption in Québec’s construction industry. No one doubts the result – the presence of organized crime in Québec’s infrastructure construction has been a fact of life for many years, driving up the cost of construction to the point where the provincial and municipal governments of Québec have simply neglected to repair many ailing features of the transportation network, to say nothing of the personal danger to politicians that dare stand up to Montréal’s seedy underground. Following the release of Justice France Charbonneau’s report, rampant infrastructure problems will be front and centre, forcing the new government to deal with them in some way, lest they face the wrath of the public or worse, the opposition. Second, when the public demands these expenditures, the government will then, of course, have to find a way to pay for them: the PQ has promised to balance the province’s budget in 2013-14. Québec’s public debt is already over $250 billion, over 70% of the province’s GDP. With the PQ’s recent (and not wholly unexpected) announcement that its government will stay the much-ballyhooed tuition increases championed by the previous Liberal government, and with Québec’s tax rates already the highest in North America, they will find themselves rather stuck on the matter of how to keep the Ville Marie tunnel from caving in. Their primary strategy appears to be increasing marginal tax rates on high earners (those making more than $130 000 per annum). $250 billion is a big number, and there are only seven million people in Québec, not all of whom pay income tax. Taxing the “rich” is popular, but it’s just not going to put a dent in that debt when the Champlain Bridge is about to fall into the St. Lawrence. Third, some of the more inflammatory statements from the campaign will likely never make it into PQ policy. In the final days before the election, Marois attempted to assuage the


concerns of anglophone Quebeckers, telling them that their language rights are not in danger. Emerging from her first Cabinet meeting on September 20, Marois announced that she was making good on several campaign promises, none of which had anything to do with language or sovereignty: a tuition freeze, cancellation of an emergency anti-protest law, and a nuclear reactor shutdown. Québec’s electorate only gave the PQ a minority government, essentially giving the opposition parties a collective veto on any controversial legislation, which would include calling a referendum on sovereignty or abridging anglophones’ language rights with potentially unconstitutional legislation. In other words, the new PQ government is just like any other minority government, for the time being: subject to the demands of the opposition and mired in pre-existing issues that distract from the party’s true ideological raison d’être. In 1970, the Obiter Dicta published a story about the FLQ crisis. Sovereigntism has been in the news for at least the past 42 years. Whether or not sovereignty is a good idea is another debate; but it’s a debate that, despite the PQ’s tireless campaigning, Quebeckers simply won’t have under this government. They are much too busy with other things, and don’t have enough power. So, if Pauline Marois wants to take her oath of office without the Canadian flag present, let her. Her government is about to walk into a veritable shitstorm, and I think the ROC can afford her one small mercy.

Correction: Last issue, the Obiter Dicta ran a number of uncredited photos from O-Week. Oops. Those photos were taken and compiled by Annie Chu and Kendall Grant. Many thanks to them for their efforts! the OBITERdicta

page 3


What If Your Grandmother Is Also Your Mother? JIHEE (MARIE) PARK Contributor Swedish researchers and doctors have successfully carried out human uterus transplants from mother to daughter. This will no doubt be cause of much talk in ethics that will force us to reexamine the acceptable limits of medical science and its technological applications. Swedish doctors and researchers are boasting about their recent accomplishment, a decadeslong project of transplanting a functioning human uterus from a living donor to a younger recipient without the organ. The weekend-long surgery conducted by a team of 20 doctors in Sweden was a success, with the donors already near full recovery, and recipients, though tired, with uteri. The surgeries have been performed on two sets of donor-recipients, in both cases, from mother to daughter. Indeed, this recent accomplishment may be considered a breakthrough in medical research. It is an ingenious application of knowledge gained from thousands upon thousands of experiments on animals, through thousands of failures and a few successful attempts. It stands as a testament

to our civilization’s mastery of the manipulation of life, now moving beyond basic life-preservation to artificial realizations of concepts previously found in the minds of science-fiction writers. Mary Shelley would have been blown away were she to learn of what we can now do with medicine. The history of transplantation science has given rise to many a discussion about the definition of human property, human identity, and the value of human life. When organ transplants first emerged, many hailed these advances as a new way forward in curing otherwise fatal conditions, though oppositions began to arise in regards to their defiance against the way nature intended life to be. Take for instance the noise made in light of the first human face transplant in 2005, to Isabelle Dinoire of France. There were supporters who believed that anyone should have the liberty to pursue procedures to improve their standard of life, especially when extensive facial injury leads one to suffer the consequences of society’s discomfort with a grotesquely disfigured face. The Dinoire case raised

questions about how to define personal identity, human dignity, and acceptability of science as a cure for the stigmas caused by societal norms. This human uterine transplant raises even trickier questions, as it also relates to the murky field of reproductive technology. Ever since the dawn of the ‘test-tube baby’, reproductive science has been placed under the glaring spotlight of the media. Despite general opposition to many of the underlying concepts in this area of research, there is a large body of support for the continuation of their activities. Some view reproduction as a right and praise some of the bizarre and interesting procedures these scientists have developed. In-Vitro Fertilization, in its early days, was shunned by the general public as a violation to the sanctity of human life, yet today the procedure is carried out in significant numbers by individuals who cannot conceive without artificial means. Every day, the lines of what is acceptable and » continued on pg 14

No More Docking, No More Peeking CITLALLY MACIEL Contributor What do a paparazzo and a gas station have in common? Well, if you have been attentive to the news lately, you may know that these refer to two events. Although seemingly different, they have brought about a series of legal questions and discussions back to the table. One is the issue of privacy, relating to some topless pictures of Kate Middleton. On the other hand, we have the issue of workers’ rights after a gas station attendant was killed in Toronto. In regards to the first issue, we have the question of whether famous people ought to give up their privacy. Does being a celebrity strip you of any rights you may have in terms of keeping your private life… well, private? While I admit that I like to indulge every now and then in celebrity gossip, I do think that some paparazzi go too far, sometimes endangering the lives and safety of celebrities. Recently, a bunch of paparazzi chased down the Biebs until he was forced to call 911. He also got a speeding ticket. Some may argue that he could have pulled over instead of speeding and that the ticket was well deserved. This may or may not be a fair condemnation, especially in the case of someone young feeling physically and perhaps emotionally threatened the OBITERdicta

by paparazzi, whose behaviour can definitely be repugnant. In terms of legal action, the Royal Family has only been able to use the law of confidence as a legal recourse against invasion of privacy, given the fact that Britain does not have a privacy law per se. Nonetheless, and luckily for the Royal couple, France does recognize invasion of privacy as a criminal and civil offence. While this is a small legal victory for the Royal family (their compensation, if granted, will be a few thousand pounds, which is peanuts for them), it opens up the discussion of whether other countries should adopt similar or even tougher policies. Why is the “gas and dash” case important? Well, in a city with such a big influx of immigrants, a relevant portion of the population (such as the attendant in the named case) is new to the country and unaware of their rights and responsibilities, which can lead to injustice. In this particular case, a person lost his life because he was not aware of his rights and responsibilities in the workplace. The incident took place last Saturday, September 15, at a gas station in the north of Toronto. An individual filled up his tank with over $100 worth of gas and left without paying.

The story turns tragic when the attendant tried to stop the individual who ran over him and dragged him with his SUV. Furthermore, allegations have surfaced regarding the fact that at this and other stations, employees are being docked out of their paycheques for any amount of gas that is stolen. This is illegal! Surprisingly, however, the government has been proactive and is taking remedial measures to solve this problem. A Private Member’s Bill has been introduced by MPP Mike Colle, which would penalize employers for engaging in such practices. Additionally, a hotline has been set up for employees to anonymously report employers. It has also been proposed that drivers are required to pay for gas before they fill up their tanks. Measures are being taken to address the issue of workplace safety and of employers abusing their employees; penalties have to be given to employers who engage in illegal practices. However, many employees may fear retaliation from their employers if they report such practices. This is why this hotline is important, as it allows one to » continued on pg 10 monday - oct 1 - 2012

page 4

news Out On Bay Street » continued from cover Ambivalent allies are simply no longer sufficient, especially for LGBTQ youth. Over the two months that followed, LGBTQA issues were challenged on the opinion pages with a stream of selective literal readings from scripture, unprovoked defenses of personal beliefs, and even one honest-to-gosh-not-satirical analogy involving sheep. It was both ironic and disappointing to see such a hostile narrative emerge from a call for deliberate inclusiveness and acceptance. Having traded in my Carhartts for more dapper finery many years ago, I can assure you that you are not alone if this reaction offends your cosmopolitan sensibilities. If anything, it demonstrates the ongoing need for organizations that seek to model acceptance and promote the celebration of diversity in our workplaces, community groups, and professions. Out On Bay Street fulfills this role by providing educational, mentoring, networking, and leadership opportunities for LGBTQA-identifying students and young professionals across the fields of business, law, and technology. In Canada’s marriage equality era, transplanting the values of pride and inclusion to the workplace and showcasing their role in creating value for organizations is an active frontier in the pursuit of LGBTQA recognition. At Out On Bay Street’s September 7-8 annual conference, the legal arm of the organization’s sponsorship symbolized the importance that these leading firms place in recruiting LGBTQA personnel, the contributions of these individuals to corporate Canada, and the value of nurturing an inclusive workforce and supporting diversity


initiatives. The sincerity of these corporate commitments is reflected not only in dollars and cents of sponsorship, but in the active participation of the LGBTQA individuals who represented their employers at the conference. For student delegates, the ability to interact with lawyers from sponsor organizations in an environment where the default assumptions of sexual orientation are reversed necessitates candid discussions on meaningful recruitment and professional development issues, in the language of common experience and understanding. (Of course, it doesn’t hurt that this candour is garnished by a buffet of sartorial splendour either.) This year, law student delegates attended a trio of workshops on professional development topics, from resume and interview insights (pre-


sented by Osler, Hoskin & Harcourt), to legal career options and planning (Heenan Blaikie), to an overview of different areas of practice commonly found at Bay Street firms (Blake, Cassels & Graydon). New this year, a panel also discussed the experience of being ‘out’ in Bay Street practice (presented by McCarthy Tétrault, Davies Ward Phillips & Vineberg, Torys, and Fasken Martineau DuMoulin). Panel attendees were captivated by this discussion, which was expertly moderated by Doug Elliott (of Roy Elliott O’Connor), the 2012 recipient of Out On Bay Street’s Lifetime Achievement Award. Fraser Milner Casgrain, as the leading law partner at Out On Bay Street’s annual conference, monday - oct 1 - 2012

» continued on next page the OBITERdicta

page 5

news among the hostile waves. With the school year underway, the local GSA was invigorated, parents were reflecting on the messages they impart to their children, and individually, a smattering of small town allies spoke of how they were employing inclusiveness and recognition in their own circles. Amidst the noise, innovative community members were at work. Out On Bay Street itself is but a social inno-



» continued from last page had its personnel visible throughout the conference events, while numerous other firms showcased their pride by participating in the career exhibition and networking sessions, highlighting their diversity initiatives and career opportunities to inquiring students.

vation with an earlier genesis. Its supporting organizations should take pride, and not only in their diversity championing and the opportunities they present for LGBTQA students and professionals. Clearly Bay Street’s inclusiveness shines brightly through their support and participation, but it is their solidarity that emboldens those who dare sparkle at other addresses. Douglas Judson is a JD/MBA candidate at

Osgoode Hall Law School and the Schulich School of Business. He currently serves as the Strategic Alliances Manager for Out On Bay Street and as co-chair of the OUTlaws, Osgoode’s LGBTQA organization. He is a former political aide and federal public servant with degrees in political science and commerce.

In essence, it is the remarkable context, and not the content of Out On Bay Street’s conference that makes the experience so valuable and affirming for LGBTQA students and professionals. This environment provides a model for the wider community to emulate, especially in places where LGBTQA awareness is not as developed. The absence of openarms to LGBTQA individuals in some pockets of society reinforces the need for our professions and our workplaces to continue to be role models in the community. These organizations positively shape the discussion that takes place around them. The weekend after Out On Bay Street’s event, I returned to the Northwest, buoyed by a wonderful conference, yet wary of the wake my local boat-rocking had created. To my surprise, some positive ripples were spreading OOBS EXECUTIVE TEAM

the OBITERdicta

monday - oct 1 - 2012

page 6


Our Favourite Profs Comment On The Constitutional Issues Behind Dr. Tourloukis vs. The Anti-Bullying Act NADIA GUO News Editor Following the passage of Bill 13 in the Ontario legislature, which effectively became The Accepting Schools Act (or better known as the anti-bullying act), Steve Tourloukis, a dentist and father of two, raised concerns about his children being “indoctrinated” about issues like same-sex marriage in ways contrary to his faith. “My children are my own. I own them. They don’t belong to the school board,” Tourloukis was quoted to have said in a press release. The Hamilton-Wentworth district school board rejected Tourloukis’s request that he receive notification whenever ‘sensitive’ issues arose. He said that such issues he’d prefer to teach his children by the way of a Christian perspective. This would include situations when other students’ coming from same-sex families or who are gay themselves want to engage in classroom dialogue about being part of an LGBTQ community, or any portrayal of “homosexual/bisexual conduct and relationships and/or transgenderism as natural, healthy, or acceptable.” John Malloy, director for the Hamilton school board notes that when religious accommodation is given in schools, it’s significant that it does not harm others in the classroom at the same time, including gay students who “have a right to be accepted.” In response, Tourloukis is taking the school district in which his children attend class to court, arguing that the board already grants this type of religious accommodation for Muslims

and Jehovah’s Witnesses. However, Malloy told Ontario Today that he “has had no evidence that that’s the case.” Nevertheless, Tourloukis insists that his Charter rights have been breached. Presumably, he is referring to s. 2(a) of the Canadian Charter of Rights and Freedoms, which guarantees “freedom of conscience and religion.” Tourloukis is backed in his lawsuit by an organization called the Public Education Advocates for Christian Equity (PEACE), which drafted a stock letter entitled “Remain in the Public System, and Actively Represent Christ,” is available for download on their website (http://www. The letter is intended for parents who share Tourloukis’ concerns about the content of school curricula and classroom discussions, and for them to relay to schools such concerns by checking off topics they’d like to exempt their children from hearing about. Topics include positive portrayals of homosexual conduct mentioned above, along with “Environmental Worship,” and “Providing a false sense of security with regard to the effectiveness of condoms in preventing the spread of sexually transmitted diseases.” To get some more insight on the constitutional issues behind this upcoming case, I asked our very own Professor Marilyn Pilkington about her stance: “In my view, it seems unlikely that a court would hold that learning about equality and respect for others in a diverse and multicultural society is an infringement of freedom of religion as long as religious texts are not used. Certainly, even if one believes that it is wrong to behave in certain ways, one's belief does not justify bullying others who have a different code.


monday - oct 1 - 2012

was infringed, it is likely that the infringement would be upheld pursuant to s. 1 of the Charter. The fact that the curriculum requirements are designed to promote equality rights, which are guaranteed in s. 15 of the Charter, and address the serious phenomenon of bullying, would give added weight to justify any limit on religious freedom. The SCC has held, in the past, that religious groups are not entitled to public funding to support their own schools. Although this may be a limit on their freedom of religion, it supports a public school system in which students from diverse backgrounds work and learn together and are exposed to the public values of our constitutional and human rights requirements.” Professor Benjamin Berger also offered his opinion on this matter, and mentioned a similar case that was recently dealt with by the Supreme Court this year. In S.L. v. Commission scolaire des Chênes, the issue was over an Ethics and Religious Culture course that had become mandatory in Quebec schools, which two parents wanted their children exempted from. The parents’ appeal was dismissed by a unanimous decision on the basis that they did not have evidence that the course was in fact infringing on their ability to pass on their faith to their children. The Court stated, “Exposing children to a comprehensive presentation of various religions without forcing the children to join them does not constitute an indoctrination of students that would infringe the freedom of religion of L and J. Furthermore, the early exposure of children to realities that differ from those in their immediate family environment is a fact of life in society. The suggestion that exposing children to a variety of religious facts in itself infringes their religious freedom or that of their parents amounts to a rejection of the multicultural reality of Canadian society and ignores the Quebec government’s obligations with regard to public education.” In light of this decision, it seems like counsel for Tourloukis is going to need some new and convincing lines of attack to win this one. His hearing was set for September 20th at a civil court in Hamilton, but delayed to provide the school board more time to respond.

Even if a court found that religious freedom the OBITERdicta

page 7

features Fire All The Unhappy People » continued from cover I personally do not own a company; I do not have in my capacity to pay or fire an employee, and I do not single-handedly lead any organization outside of the hallowed halls of Osgoode. My guess is that you don’t either. And so the inevitable question is, what does any of this have to do with my happiness? I am glad you asked young grasshopper, for the answer is in power of the proverbial pink slip. You may not own an invention company, but you own the imaginative and creative power of your mind. You may not have the capacity to hire and fire, but you do have the capacity to choose the people who surround you. Lastly, you may not single-handedly run anything; but you are the CEO, COO, and managing partner of your own life. As such, it is your duty and obligation to the Corporation of Me, Myself and I, to release from your life all the people who passive-aggressively block growth, development and happiness from happening and will suck the energy out of any situation. Which brings us back to the three types to be terminated: The Victims, The Non-Believers, and the Know-it-Alls. This week’s Happiness Challenge is to identify these people using the handy-dandy cheat sheet below, and to engage your inner Human Resources department to tactfully remove them from your life. The Victim The Victim is the easiest of three personality types to spot. This “friend” is always negative. He/she is the most likely to feel attacked by everyone and everything. Look for familar phrases such as: “That professor gives us so much readings, it’s not even feasible in my work week, I do so much, and I always get the hardest professors, no one has it as hard as me” or “Trees hate me, branches always hit me when I’m biking.” The Victim relishes mundane drama and looks for the opportunity to share his/her latest problem with you. Victims love to be victims, they enjoy being the centre of sympathetic attention and feel the need to constantly out-do someone else in the race to the bottom. For example, any law student might say, “I’m frustrated with this chapter, I can’t seem to get it.” Instead of encouraging advice or a comforting supportive shoulder, The Victim will respond in such a manner as to ascertain he/she has it so much worse, “You don’t understand the chapter? I don’t understand the book! And I can’t understand the book because books hate me, probably because they the OBITERdicta

are made of trees.” “Friends” who demonstrate any of the above characteristics are exhausting. You are constantly left picking up the pieces of their shattered lives, which shatters more often then stained glass windows next to baseball diamond. Moreover, The Victim will undoubtedly suck you into his/ her vortex of negativity, leaving you with the baggage and burden of someone else’s bad day. This person is detrimental to your happiness: fire this person as a friend. The Non-Believer Attitude and accomplishment are intimately linked. As we all learned from the classic American children’s book, The Little Engine That Could, the most important mantra we can utter is “I think I can, I think I can, I think I can.” The Non-Believer is the person who thinks you can’t. He/she is likely to be skeptical of your ideas, goals or aspirations. While this person may not outwardly say so, he/she will reply with “war stories” and tragic anecdotes about a friend of a friend who once did this thing and failed. The Non-Believer will be the first to point out all the potential problems and weaknesses in a situation, in hopes of dissuading and discouraging you from your initial inspiration. Look for phrases that are commonly prefaced with: “No offense, but...”; “I’m just playing devil’s advocate here, but...”; and “I wouldn’t want you to over-burden yourself.” Finding The NonBeliever is tricky because their complete and utter lack of faith in you and your abilities is often masked in a veil of concern. However, that veil is thin and once revealed, his/her motives will become transparent. The Non-Believer does not want to see you succeed. This may stem from a fear of being left behind by his/her peers, a sense of jealousy or competitiveness, or personal insecurities. Nevertheless, The Non-Believer will directly or indirectly subvert your efforts to move forward, do better, be better and be happy. This person doesn’t believe you should be happy: fire this person as a friend.

person who is well versed in the material. The difference lies in one’s attitude. The Know-it-All uses his/her knowledge (whether profound or superficial) to belittle others. He/she is likely to use condescending tones, make attempts to “out smart” others in public, and make you feel bad for trying. Know-it-Alls will also be all too ready to draw your attention to your flaws and weaknesses, similar to the Non-Believer. However, this “friend” will do so in a “rational” way, as to underline the fact that you have not taken into account all the possibilities, as a law student should. Look for commonly uttered phrases such as, “I know you think that’s the right answer, but here’s how it’s really supposed to be done,” “Well, I learned this from the expert in the field, you can’t get any better than that”, or “Oh, that’s so cute that you tried, but let me do it for you.” In addition to legal or academic knowledge, The Know-it-All will attempt to convince you that any original thought you have is inferior to his/ her own. This includes thoughts about your personal life outside of law school. The Know-itAll will always feel that they have the absolute perfect answer to all matters of family, friends, food, fashion, relationships, employment, and general lifestyle decisions. The danger of such a personality is that he/she can slowly cut down your own sense of self and self-esteem. Having someone constantly undermine you in all aspects of life is harmful to your health and happiness: fire this person as a friend. Happiness Challenge Now that you are armed with the tools of detection, you can begin to remove the negative influences in your life that inevitably do more harm than good. Recognize that no single person will fall perfectly into one archetype; even pessimistic people are complex and multifaceted beings. Lastly, I beseech you to reflect on the words of a very successful CEO, who simply stated, “I wanted a happy culture. So I fired all the unhappy people.” If you want a happy life, you need to take the pink slips into your own hands, and fire the unhappy friends, and/or correspondingly, the friends who make you unhappy.

The Know-it-All In law school, it may seem beneficial to have a “Know-it-All” friend. After all, this person must get the best grades and will be the most helpful come exams, right? Wrong. The Know-itAll ought not to be confused with an intelligent monday - oct 1 - 2012

page 8


It Gets Better DANIEL STYLER Contributor Yunel Escobar, the talented but underperforming shortstop for the last-place Toronto Blue Jays, has been suspended by the team for three games for having the Spanish words “tu ere maricon” written in his eye black. These words, translated to English, mean the following: “you are a faggot.” A few weeks earlier, Scott Diamond, a pitcher for the Minnesota Twins, was suspended six games for throwing behind Josh Hamilton of the Texas Rangers. It is possible to infer, then, that MLB (who has not intervened in the length of Escobar’s suspension) finds it roughly twice as problematic for a pitcher to throw behind a batter (which is kind of dangerous, but is kind of expected as a form of retaliation in certain circumstances) than it is for someone to derogatorily refer to a group of people who, because of their sexual orientation, have faced and continue to face immense discrimination. This is particularly striking when one considers the fact that MLB’s history is not exactly filled with glowing stories of acceptance and harmony. After all, it wasn’t until 1947 that the color line in baseball was broken and Jackie Robinson and Larry Doby, players of black African descent, were able to know what it felt like to play in the major leagues. Until then, their best opportunity to play the game that they loved was to star in the “Negro leagues.” Even upon his arrival, Robinson in particular was subject to immense media scrutiny and racist insults.

MLB has made significant strides since then, and baseball is now truly a global sport: players come from Japan, Australia, Nicaragua and South Korea. Major league teams send scouts around the world, and attempts are made to uncover any hidden talent, no matter how remote the location. Players are accepted for their ability to play baseball; what they look like and where they’re from (at least from my detached view) does not seem to matter.

to impose a suspension that amounts to less than two percent of the entire season. It was their chance to really do something, to make a statement that as a league and as a society, we aren’t going to stand for this type of thing anymore, that it simply isn’t okay. Their lack of response was made worse when Escobar decided to state that he has gay friends: his hairdresser and the person who decorates his house are gay (of course they are).

Many teams, including the Boston Red Sox and Los Angeles Dodgers, have also been active in promoting LGBT inclusion and equality through the use of “It Gets Better” videos. These videos, according to the Gay and Lesbian Alliance Against Defamation’s (GLAAD) website, are “aimed at welcoming and encouraging LGBT young people.” This is undoubtedly positive change, and certainly means something. It means that teams are taking steps forward to show that no matter who you are, you can play baseball and be welcomed in the same way as anyone else would.

What is embarrassing about this whole thing is that this type of response falls perfectly in line with MLB’s reaction to issues that really matter. For instance, earlier this season Detroit Tiger Delmon Young went on an anti-Semitic tirade where he proclaimed “fucking Jews!” and proceeded to attack a group of innocent tourists outside of his hotel. He was suspended for seven games. In November 2007, ex-St. Louis Cardinal manager Tony La Russa pled guilty to a DUI arrest and received a zero game suspension. For the record, driving while drunk can kill: also in 2007, St. Louis Cardinal pitcher Josh Hancock was killed when he was involved in a motor vehicle accident; his blood-alcohol level was nearly double the legal limit in Missouri.

This is why Escobar’s suspension makes so little sense. Teams have worked hard to craft an image of acceptance and equality, and in three words Escobar threw that image away. What he did conjured up locker room images of an old boys’ network where everyone makes fun of anyone who isn’t just like them. He didn’t directly throw a baseball behind anyone’s back like Scott Diamond did, but he certainly threw an insult that undoubtedly forced plenty of LGBT youth to realize that for all of the talk about how “it gets better”, it’s still not better. This type of bullshit still happens, and that’s probably why for all of the talk and acceptance there have been virtually no mainstream athletes who have come out and said, “I’m gay.”

Meanwhile, MLB has been incredibly quick to stand up to steroid users who aren’t killing people or chastising Jews and “faggots” through their drug use. The first positive steroid test a player has leads to a mandatory 50-game suspension, the second to a mandatory 100-game suspension and the third to a lifetime ban. MLB would likely argue that steroid use compromises the integrity of the sport. It is clear, though, that this concern for integrity is not absolute.

last week`s crossword

And yet, MLB has denounced this behaviour by sitting back and allowing the Blue Jays YUNEL ESCOBAR’S FACE READS `TU ERE MARICON`

monday - oct 1 - 2012

the OBITERdicta

page 9

arts & culture

The Mind of Noel Fielding MAX PATERSON Arts & Culture Editor You may or may not have heard of him, but Noel Fielding is a giant cultural icon in the UK. He is smooth, quirky, witty, outrageously fashionable, and he could quite possibly be the most insane man on television. Fielding is best known for his show The Mighty Boosh, but has since moved on from to create a 22-minute creative mess called Noel Fielding’s Luxury Comedy. In order to properly critique Luxury Comedy, it is important to take a walk down his television past and point out some important landmarks along the way. The Mighty Boosh The Mighty Boosh was a stage, radio, and TV show on the BBC that was created by Julian Barratt and Noel Fielding. It follows two zookeepers (Howard Moon and Vince Noir) as they tackle various ridiculous problems in their professional and personal lives. The show as a whole walks the fine line between reality and complete madness, and this is what attracts most fans to the Mighty Boosh. The show and characters were created when Fielding met Barratt while they were both touring England as stand up comedians. They quickly adapted the show to stage and showcased three versions of The Mighty Boosh at the Edinburgh Fringe Festival from 1998-2000. As it increased in popularity, word of this wacky stage act spread to the BBC eventually leading to the radio series. Following the popularity of the radio series Fielding and Barratt were commissioned to adapt The Mighty Boosh as a television show,

which ran for 3 seasons concluding in 2007. This finally led to another very successful tour of stage shows in 2008/2009. Overall The Mighty Boosh was well received in the UK and abroad as an off-the-wall comedy absurdity. It won a number of awards including the Douglas Adams Award for Innovative Writing, and a number of LAFTAS and NME awards. Wanting to move on from The Mighty Boosh, Fielding had trouble deciding what to do next. Following up a successful series is always an incredible challenge for an artist, this being no exception for Noel Fielding. However, the direction Fielding took was even more subversive and wild than the Boosh, and he decided to perform this venture alone. Noel Fielding’s Luxury Comedy The BBC website describes Luxury Comedy as “a psychedelic character based comedy show half filmed and half animated”. Fielding himself says that he wanted to expose his audience to ‘undiluted madness’, and this writer can safely state that he has achieved this goal successfully. It is very difficult to describe what the show is about, because it jumps around thematically and never really sticks to one storyline, but it

basically revolves around Fielding living in a treehouse in the jungle with Andy Warhol and an anteater butler who wears a kilt (played by Fielding’s brother, Michael). In fact, Fielding plays over 54 characters himself so there is no shortage of screen time on his behalf. Here are a few of the characters you’ll find on Luxury Comedy: Tony Reason: A manta ray who is a respected music producer and lives in an underwater studio and has worked with everyone from Bon Jovi to Enya. He claims that Jim Mor rison tried to sew him leather pants that turned out being a leather pouch. Sergeant Raymond Boombox: A New York City cop who is proud of his hair and loves r ecounting tales of crazy times on the force. Fantasy Man: Described as a modern day Don Quixote who loves to sing, Fantasy Man lives in a Tron-like world and is always set ting out on crazy quests. He wears a disco ball hat, gold pants, and a cup as a chin guard.


the OBITERdicta

» continued on next page monday - oct 1 - 2012

page 10


The Mind of Noel Fielding » continued from last page Roy Circles: Roy is a chocolate stick that suf fers from shell shock and dresses like a Buck ingham Palace guard. Daddy Push: Is a man with a conch shell for a head who really likes changing the tuner on radios and dancing to books on tape (espe cially Sherlock Holmes).


Jelly Fox: Exactly what you think, it’s a fox made from jello who lives with Grease-era John Travolta and loves to eat chips and apparently releases pollen from his face. These characters provide some insight into the twisted nature of this TV show. Hopefully this article has educated and informed you about this recorded insanity. Personally, I consider myself a fan of The Mighty Boosh, in all it’s forms, however Luxury Comedy is a little too out there for me. I would suggest taking a look at Luxury Comedy, but do so knowing you may turn off the television feeling both confused and terrified.


No More Docking » continued from pg 3 anonymously report an employer without being a potential victim of revenge. Although forcing drivers to pay before filling up may diminish the number of such incidents, some say that this is impractical from a consumer point of view. Certainly, gas corporations may be prone to listen to their customers and refuse to enforce this practice. In any case, these are remedial measures. In my opinion, we must do something more organic that that will eliminate the problem: Free gas for everyone! Sorry, I became delusional for a moment. Education! Education is what I meant to say! As I said before, there are many newcomers to this city and the only way to ensure that their rights are respected is through education. Certainly, many of these people come from places where they have few or no rights; thus, they may be unfamiliar with the concept. Others may fear that if they do not do what their employers ask of them, they may lose their jobs. Perhaps it should be mandatory for all people who come to Canada to take an introductory course on basic rights and responsibilities in the context of employment and, without veering off topic, domestic violence and any other activimonday - oct 1 - 2012

ties that may constitute a right or an obligation within Canadian society. But how are we to fund these educative programs, some may ask. Well, we can take places such as the Ontario Justice Education Network (OJEN), and perhaps model from it an organization that is specifically designated to the education of newcomers to Canada. Some may ask what the benefits of this idea are for Canadian society as a whole. In order to justify making an investment such as this one, there must be some greater gain. Certainly, with the current status of the economy and with the government struggling (is it?) to be fiscally responsible, newcomer education must provide society with a remarkable gain. In response, one could argue that in a fair and democratic society, instances of such abuse are shameful. But this is just part of an ideal. It may come down to empowering people to succeed financially and professionally. If the argument of treating everyone with dignity does not work, then let’s put forward the argument that if the first job a person obtains exposes that person to a hostile and undignified environment, what are the chances that this person may actually succeed professionally? The argument is that profession-

als stimulate the economy, both directly through employment taxation, and indirectly, via their purchasing power. While this would be the “official” reason to implement educative programs, in reality, our society cannot tolerate this situation. Canadians are known for their fairness and this brings shame to us as a whole. Sources: Facts regarding both cases can found in the following sources: Higham, Nick, Analysis: The Royal Family’s History of Legal Action. BBC News (14 September 2012). (URL<< world-europe-19599899>>). Freeze, Colin. Gas and Dash Tragedy leads to Calls for Better Employee Safety. The Globe and Mail. Toronto: Published Sunday, Sep. 16 2012. (URL: << news/toronto/gas-and-dash-tragedy-leadsto-calls-for-better-employee-safety/article4548003/>>) the OBITERdicta

page 11

arts & culture

A Little Sheep Told Me: The Fashion of Gift-Giving ANGIE SHEEP Staff Writer Last Friday, a fellow Ozzie (who will remain unnamed) stumbled upon me in a bit of a panic. He had just remembered that his girlfriend’s birthday was in two days, and he had not bought a present. Before you pass judgment, I should mention that they have been dating for four years. Now you can judge away. I’m pretty sure her birthday fell on the same day each of those years. To all the ladies who are appalled right now: I know! To all the gents who feel a dry lump in their throats and a tingling sense of fear in solidarity, you know what he’s in for. Recognizing the severity of his oversight and impending doom, I started spewing out all possible last-minute gift ideas that crossed my mind. We mooted on issues of cost, feasibility, and prime retailers. The whole process was riveting and he proposed that I write an entire article about this subject. He even promised to cut it out and keep forever, so I’m holding you to that! Born of a very unfortunate turn of events and a forgetful law student, this week’s Fashion Feature was inspired: fashionable gifts for your significant other. Please feel free to reference the list posted below in anticipation of any holiday season, anniversary, or birthday. While these gift suggestions are primarily oriented to one’s girlfriend or boyfriend, they are applicable for any other special person; romantic ties are not necessary. For your convenience, the gifts are categorized on the basis of cost. This was done in recognition of student debt and your student credit line monthly maximums. Once you have decided on your budget, simply adhere to the proposals in the recommended categories. If you are unsure how much you should be spending on your better half, I suggest following the Hundred Dollar Rule: with each additional year of dating, add $100 to the cost of a gift. So in the given case, the money-year ratio results in a budget of $400 for every big occasion this year. Good luck, and let the spirit of consumerism, I mean, gift giving be with you! $100 & Under: Year One For her: Most women like tangible things. Okay, maybe that was an exaggeration that may have offended an entire era (or several eras) of feminism, but the reality is, most gifts come in the form of chattel. Women may not publicize their material desires. However, it is a safe bet to assume we want presents which can be shown off to our friends and lead them to be jealous of what a wonderful person we’ve found. To the 1 Year Boyfriends: Life is competition and if you come out on top from the starting gate, you are likely to cruise to “Serious Partner” the OBITERdicta

status of second year. A sales rep from Holt Renfrew highly recommends their jewelry collection. It is affordable, very “now”, and of great quality. The Michael Kors Buckle Ring ($75) is one-of-a-kind. MICHAEL KORS BUCKLE Go check it out! RING

mark, you can afford to buy her a nice wallet or clutch in addition to something else. Rebecca Minkoff handbags have dominated Hollywood this year because of their vibrant colors and funky, young style.

For him: Guys are much easier to please, so basically anything goes. With this budget, you have the option of buying him a designer cologne or a Ralph Lauren MINKOFF HANDBAG polo, sweater, or dress-shirt. The Bay tends to be the best If you want to really do something difplace for these items as they ferent, purchase a spa package for her carry a large selection of and a friend. I know it’s unfortunate that brands, at a relatively low you don’t get to tag along, but this is the price. As for cologne, find perfect way to impress her friends and one that is versatile so it present her with the opportunity to gush can be worn at Osgoode, to about how amazing you are. You can find work, to job interviews, etc. I great packages online at sites like Onefind Giorgio Armani’s Black spout, where deals for spas arise every Code ($80) to be a recurring day. favorite among men. There are also frequent sales at the For him: Attending a sporting event is Bay, so you’re likely to find the male equivalent of ladies hitting the ARMANI`S BLACK CODE one of the RL items menspa. The season opener of a Jays or Leafs tioned for as low as $60! game, with the team matched against a “good” opponent (like Ottawa, Montreal or $200: Year Two Boston), is a great idea. Stubhub and Kijiji have been named as top sites for tickets. Two medioFor her: With a budget like this, you have the cre seats to a Leafs game will cost around $275 means to enter the gates of paradise, I mean, and good seats for a Jays game start at $50 each. Tiffany’s. For many ladies, the mere sight of You can buy him snacks and beer with what’s the iconic Tiffany periwinkle box elevates their left over or even get some tickets for his buddies. heart rate to a level often attained by high inten- Showing an awareness of your significant othsity cardio. There is nothing more satisfying er’s interests while simultaneously getting on his than watching the fashionable Hepburn gaze friends’ good side makes for the perfect present. into Tiffany’s window while seeing your own collection of aqua boxes piled up on the vanity. $400 & up: Year Four Go for something in sterling silver: it compliments all skin tones, is timeless and is a trade- For her: First of all, congratulations on making mark of Tiffany’s. it this far. At this point, you possess a lot of freedom: the mall is your servant. Depending For him: At Osgoode, dressing well is custom- on what your lady prefers, you can splurge on ary. Sweatpants and baggy hoodies have disap- a single item or buy a combination of the ideas peared from the halls and everyone looks sharp. listed above. This is your test; good luck! So it goes without saying that for interviews, your man must look impeccable. A custom Personally, I love Tiffany’s Elsa Peretti Bone fitted shirt will do just that. On the special day, cuff ($495). It is classy, versatile, and low key. take him to an upscale tailoring shop and let the Another way to make gurus work their magic. One dress-shirt starts your gift really unique around $125 and increases based on quality and is to have it engraved. design. To really take the cake, you can get his This process can take initials stitched on the cuff, making every piece up to two days, so plan uniquely him. Keep an eye on Groupon, where ahead! Other increddeals for custom tailoring occasionally come up. ible jewelry designers to look out for are: $300: Year Three Links, Cartier, SwaroFor her: Jewelry is always a beautiful and timeless gift, but women like variety too. At the $300


» continued on next page monday - oct 1 - 2012

page 12

arts & culture A Little Sheep Told Me


» continued from last page -vski, Harry Winston, Bvlgari, and Mikimoto.

class or work.

For him: If your guy is looking for some excitement in his life (though Osgoode is already an adrenaline-pumping experience), a skydiving pass may be just the ticket. Tandem skydives start at $300; if you want video or stills it is usually an additional $100. Go for the latter, because guys are usually too cheap to drop another bill after the first three. Just kidding! Get the video because this is a once in a lifetime opportunity and you will want to treasure it forever. This is your gift; it is up to you to ensure that he gets the most complete experience.

For those of you who really want to go crazy, renting an exotic sports car is an alternative road to travel down. Beware that this is quite expensive: Ferraris start at $800/day. But I think if you’ve made it to a decade, this is the perfect “thank you” and an appropriate “I’ll love you forever” gesture.

If plummeting to your mutual death, Romeo and Juliet style, is not really his thing, an iPad also makes a great gift. It’s lightweight, useful and clean cut, which makes it ideal to carry to

There you have it Ozzies! I suggest cutting this article out and posting it on your fridge for easy access. Whether its a special event or a “just because” gift, being mindful of money is always sound advice. I hope this will be of great help the next time you remember a special occasion just two days beforehand. Actually - let’s hope that never happens again.




How To Write Well » continued from cover - never use a figure of speech you are used to seeing in print - never use a long word where a short one will do - if you are able to cut out a word, always do so - never use a jargon word if you can avoid it (but what about all my mens rea jokes?) It goes on to say that writers shouldn’t be too stuffy (more on this later), too chatty (never use “surprise, surprise”), too arrogant or too pleased with themselves. It is on these (and a few other) fundamental principles that the Style Guide is based. The entry on clichés starts off by admitting that these figures of speech have emerged precisely because they convey an idea economically and effectively. However, this is a double-edged sword: by the time a cliché becomes a cliché, it should probably be retired. If there’s one thing the writers of The Economist abhor more than stale and overused figures of speech, it’s clichés that are misconceived to be “snappy, trendy or cool”. Some examples include: “Generation X”, “back to the future”, “flavour of the month”, and my personal favourite, “where’s the beef?” On a related note, they turn to some “vogue” words, which are also cautioned against: “address” (as an alternative to “deal with” or “attend to”; this one falls prey to the stuffy criticism), “famously” (“always redundant, nearly always irritating”) and “individual” (“favoured by the wooden-tongued as a longer synonym for monday - oct 1 - 2012

man, woman or person”). Short words: use them. Jargon: don’t. Admittedly, this one is tough for lawyers, especially when writing about law for an outside audience. Difficult though it may be, I always appreciate the reminder that not everyone is going to follow legal terminology (or laugh at my mens rea jokes, apparently). Another great entry is that of unnecessary words. When given free reign in Obiter articles, I’m so excited to be writing something other than memos and facta that I am inclined to inject my writing with as many adverbs, adjectives and flourishes as possible. The Style Guide tells me that this habit adds nothing to my writing except length. The word “very” is an especially common culprit; it can almost always be left out. Other examples abound: why say cutbacks when you can say cuts? Track record instead of record? Weather conditions instead of weather? The list goes on. Unnecessary words (as well as jargon, for that matter) are used for one of three reasons: to “dignify nonsense with seriousness”, to “obscure the truth” or to “obfuscate”; in essence, the Style Guide suggests there’s never a good reason for them. When it comes to slang, readers are urged to avoid “ugly and overused expressions” like “the bottom line” or “guesstimate”. Starlets need not always be “scantily clad” and lawns are not always “manicured”. By taking the time to search for a fresh word, rather than relying on a “seventh-hand phrase”, your writing will be less tedious and hackneyed.

Given the lengths to which the Style Guide has gone to classify all varieties of redundant, ugly and overused language, you might think that an entry called “horrible words” would be unnecessary. And you would be wrong. My favourite part of the book, this section opens with a sentence that embodies the perfect combination of condescension and wisdom: “Words that are horrible to one writer may not be horrible to another, but if you are a writer for whom no words are horrible, you would do well to take up some other activity”. Some highlights include “facilitate”, “prestigious”, “proactive” and the always groan-inducing “savvy”. Legal writing has little to do with any other kind of writing. But while the rules of the former do not apply to the latter, the reverse is often true. Many of the points raised in the Style Guide can be applied to legal writing. In fact, they should be – there are few times when clarity and concision are more important. Unfortunately, this is not always the case. I’m sure we are all too familiar with the exercise of attempting to read an inscrutable, convoluted or otherwise infuriating case. Although I was aware that there existed a distinction between writing correctly and writing well, I was never able to identify where exactly this distinction lay. Though I don’t purport to fully comprehend it now, The Economist Style Guide has brought me a little closer to doing so, for which I am grateful.

the OBITERdicta

page 13

arts & culture

Taking a Bite Out Of Your Budget CASS DE RE Features Editor Have you been to Buca lately? What about Splendido, Scaramouche, Sotto Sotto, Scarpetta or Mistura? What do you mean you haven’t been to the most expensive Italian restaurants in Toronto lately? The “price of textbooks” and “tuition” you say? To that I say: I couldn’t agree more. Toronto is arguably the epicurean capital of Canada. Not only is it a metropolitan city privy to every ethnic cuisine imaginable, it is also home to world renowned chefs and five star restaurants. While good food does not have to be a costly experience, fine dining often comes with a much more substantial bill. What is a budget conscious, closet foodie law student to do? You could forgo electricity for the month in order to save up for an undisputedly delicious meal. I’m sure it would be worth it; you might get cold as we move into October, but totally worth it. Or, may I suggest as an alternative, you recreate the fine dining experience at home. Easier said than done, you say? To that I say: of course it’s easier said - but it’s not impossible to do. In the good old years of my undergraduate degrees, I could not visit my parents for a “home-cooked” meal; I could not afford to wine and dine at amazing restaurants on a regular basis; and I could not, would not stomach the idea or the physical substance of Kraft Dinner and hotdogs. What was a budget conscious, closet foodie undergraduate student to do?

sumptuously delectable and simultaneously, take a bite out of your budget. Buon Appetito. Pasta alla Carbonara con Pollo Ingredients •2 teaspoons olive oil •4 ounces thinly sliced pancetta, chopped •2 teaspoons minced garlic YUMMY! PASTA ALLA CARBONARA CON POLLO •2 1/2 cups whipping cream utes. Cool slightly. •1 cup freshly grated Parmesan In a large bowl, whisk together the cream, •8 large egg yolks cheese, yolks, basil, and parsley to blend. •1/4 cup chopped fresh basil leaves Meanwhile, bring a large pot of salted water to a •1/4 cup chopped fresh boil over high heat. Add the spaghetti and cook Italian parsley leaves until it is just tender but still firm to the bite, •Salt stirring occasionally, about 10 minutes. Drain. •1 pound spaghetti •4 cups coarsely shred Add the chicken to the pan with the pancetta ded chicken (from 1 roasted chicken) and stir to combine. Next, add the spaghetti and •Freshly ground black pepper the cream mixture and toss over medium-low •1/2 cup chopped walnuts, toasted heat until the chicken is heated through and the •1 tablespoon finely grated lemon peel sauce coats the spaghetti thickly, about 4 minutes (do not boil or you might end up scramDirections bling the eggs). Season the pasta, to taste, with pepper and salt if needed (the pancetta will likely Heat the oil in a heavy large frying pan over add all the salt you need). Transfer the pasta to medium heat. Add the pancetta and garlic and a large wide serving bowl. Sprinkle the walnuts sauté until it is brown and crisp, about 8 min- and lemon zest over, and serve.

The answer is: DIY. Is fine dining something that can be learned autodidactically? I propose that it is. There are numerous culinary websites and videos online that teach classic techniques through an innovative medium. Furthermore, classic Italian cuisine is not that complicated. It’s all about fresh ingredients, big flavour and patience. It also calls for cooking with wine – by that I mean in the pot and in a glass for personal enjoyment. Background Italian Opera is optional, but suggested. Treat yourself, challenge yourself and indulge at least once a week in a memorable meal, preferably with memorable people. A classic in any Italian’s culinary repertoire is Pasta alla Carbonara con Pollo, which is of course, Chicken Carbonara Pasta. The recipe is conveniently posted below. I can’t promise you will become a Michelin Star chef overnight. However, at the very least you’ll take a bite into something the OBITERdicta


monday - oct 1 - 2012

page 14


I Hate Chain Letters ELSIE BORDEN Contributor I cannot express in words how much I hate chain letters. Even during the halcyon days of the internet, when gopher was a legitimate protocol and Pine was the email client of choice, there loomed the plague of the chain letter: an abomination born of pipe dreams, superstition and ignorance. By preying on humanity’s most mundane hopes and fears, these cursed entities propagated themselves throughout mankind’s digital memory and wasted precious moments of our lives that could have otherwise been spent productively (on endeavours such as Facebook and Angry Birds). To eradicate evidence of their existence, I’ve set up elaborate email filters that algorithmically detect and sent into digital purgatory any incoming mail that vaguely resembles a chain letter. For the low price of £10 (S&H not included) and occasionally losing an email of actual importance, you too can achieve protection from chain letters. To my chagrin, a chain letter of the sneaky variety circumvented my security measures and infiltrated my inbox on September 12th. Beyond the knee-jerk reaction of wondering how much I owed myself in damages, I couldn’t help but to notice the chain letter was overtly Islamophobic.

What If Your Grandmother Was Your Mother

The crux of the email is that a store owned by Muslims in Houston, Texas posted the following sign on its door: “We will be closed on Friday, September 11, 2009 to commemorate the martyrdom of Imam Ali”. The malicious email then went on spew out two inflammatory falsehoods: 1) Imam Ali was one of the terrorists responsible for the September 11 World Trade Center attack and 2) schools in the UK ceased teachings on the Holocaust for fear of offending Muslims. Cursing under my breath over the amount of Angry Birds study time I’d be losing out on, I decided to investigate what the blazes really happened. The removal of the Holocaust from the educational curriculum is just hogwash and not even worth addressing. It turns out that the sign and picture are real. However, Imam Ali is actually a 7th century religious figure, the first Imam according to adherents of Shi’a Islam and wasn’t alive for the Gunpowder Plot, much less the Sept. 11 attacks. Imam Ali’s death occurred on the 21st day of Ramadan, and his contributions are thus celebrated on that day by Shi’a Muslims. The lunar calendar is used to figure out when Ramadan occurs, and because there’s only 354 or 355 days in the lunar year, it occurs roughly 11 or 12 days earlier every year when marked on the Gregorian calendar. It just so happened that the 21st day of Ramadan fell on September 11 in 2009. The shop owner went so far as to apologize for the confusion and added a blurb about who Imam Ali was for future signs. Islam is Peace after all. What is worth contemplating is how ignorance and fear are being used to propagate chain letters. The only weapons we have against these abominations are the light of reason and earnest attempts to understand those who we may fear. Only then can we slay the foe that are chain letters.

» continued from pg 3 what is not are shifting. Looking at this uterus transplant, we must first examine the safety of the trial. All scientists know that animal experiments yield only limited conclusions. No matter how successful or analogous an experiment, no two species are entirely alike. It is not surprising if results found in one species are not successfully duplicated in another. For these uterus transplants, it has been stated that experiments were successfully conducted on rabbits. This cannot give rise to much confidence for translation to human applications. Before these two Swedish surgeries, there were a few ‘successful’ attempts by various teams in various countries. However, one such attempt failed due to blood clots leading to complications and subsequent removal of the uterus; the results of another attempt are still unreported. It is worth asking whether the Swedish doctors were premature to try the procedure with such confidence before more research was conducted. One of the biggest issues raised, however, is that now we may need to redefine the fundamentally basic term ‘mother’. The two ladies who received their mothers’ uteri voluntarily enrolled in the experiments. One had her uterus removed due to cervical cancer, and the other was born with Mayer-Rokitansky-Küster-Hauser syndrome, in which a female is born with no uterus. Both women, except for lacking uteri, are otherwise functionally capable of conceiving a child. The odd issue raised is that in each case, the donor is their own mother. If these two recipients go on to conceive (with the help of IVF and caesarean section), then who is the mother? Their babies will be carried in the same womb as they were carried in, a mind-boggling concept that until today we did not have to ponder, at least not in application to real-life situations. It could be said that these women are giving birth to their own brother or sister, twisting the situation to discussion about the definition of incest. And what of the welfare of the potential child? How can a child born in such circumstances be given protection from psychological and societal effects? These questions are difficult to answer. Though this Swedish medical sensation may be questioned as being outrageously unorthodox, it is beneficial for society to realize that the realm of science fiction and fantasy is not all that abstract or far away.


monday - oct 1 - 2012

the OBITERdicta

page 15


Bike Lanes CHRISTOPHER FLEURY Staff Writer I was very excited to see Andrew Cyrâ&#x20AC;&#x2122;s article â&#x20AC;&#x153;Staying Active at Osgoodeâ&#x20AC;? in the Obiterâ&#x20AC;&#x2122;s last issue. Although I enjoyed all of the suggestions for keeping fit, as someone who cycles to campus every day, it was refreshing to hear another advocate of dropping the metro-pass in favor of a bike. My only point of contention is with Andrewâ&#x20AC;&#x2122;s optimism about the cityâ&#x20AC;&#x2122;s bike lanes. In my experience, getting around town has not been â&#x20AC;&#x2DC;a breeze.â&#x20AC;&#x2122; I donâ&#x20AC;&#x2122;t mean to pick on two words here. I was going to write a bike lane article anyway and I thought I would carry on in the spirit of last weekâ&#x20AC;&#x2122;s â&#x20AC;&#x2DC;staying activeâ&#x20AC;&#x2122; suggestions. As Iâ&#x20AC;&#x2122;m sure that most of the readership has heard a Toronto cycling horror-story or two, Iâ&#x20AC;&#x2122;ll spare you my daily brush with death and instead try to lend some hopeful insight into Torontoâ&#x20AC;&#x2122;s bike lane situation. It has been difficult to watch so much money being spent on infrastructure for cars and transit, and so little on bike lanes. I understand that not everyone loves biking as much as I do. But, bike lanes are an advantage for everyone and the roadblocks that are stopping them are much smaller than those of other major transit projects. With that in mind here are some thoughts from someone who has given up the metro-pass.

many more students would vie for the faster, cheaper option. Compared to $2.6 billion, and the billions spent on other transit projects, the cost of bike lanes seems like pennies. Our own Osgoode Hall has taken some positive steps in ensuring proper infrastructure for bikers. As part of its Leadership in Energy and Environmental Design (LEED) certification, Osgoode has installed showers in the basement for cyclists or anyone whose commute causes them to break a sweat. Just as an FYI, the showers are for staff and faculty only. This is a great first step in encouraging cycling but until the roads are safe I think that showers are a secondary issue. Aside from the financial roadblocks, the lack of political capital and the general unwillingness of many institutions to provide adequate services for bikers, I have heard one other major complaint about cycling to school: â&#x20AC;&#x153;An hour is way too long to be biking in the morning! Thereâ&#x20AC;&#x2122;s no way I can do that!â&#x20AC;? I really hope that this attitude isnâ&#x20AC;&#x2122;t as widespread as it seems to be. If you believe it to be true Iâ&#x20AC;&#x2122;m not going to go on a â&#x20AC;&#x2DC;you can do itâ&#x20AC;&#x2122; motivational tirade. Iâ&#x20AC;&#x2122;d just like to give you one or two reasons as to why I believe itâ&#x20AC;&#x2122;s a worthy goal. Physical activity is a consciousness-changing

experience. Arriving at school every morning is the high point of my day. Iâ&#x20AC;&#x2122;m addicted to the rush of endorphins and the feeling that I can do anything after I finish my bike ride. Not just biking but all physical activity builds focus and discipline and leaves one in a calmer state able to sit and contemplate without distraction. I know that I am a better student because of it. Even if 45 minutes to an hour seems unmanageable, it is possible to hop on a bus for part of the trip. I promise the feeling of physical activity in the morning is worth the extra effort. Iâ&#x20AC;&#x2122;m feeling especially hopeful today as I spent the morning biking to school with the Law Unionâ&#x20AC;&#x2122;s Cycling Committee (also known as â&#x20AC;&#x2DC;spoke-u-pyâ&#x20AC;&#x2122;). We biked in a group from downtown and were able to navigate a somewhat safe route of back roads and bike paths. Although it took almost twice as long as my normal route, it was wonderful to feel like I wasnâ&#x20AC;&#x2122;t alone on the road. It shouldnâ&#x20AC;&#x2122;t have been a surprise that the best parts of the trip were on the dedicated bike paths and lanes, particularly the bike path that runs east of the campus, beside the route for the TTC buses. But until there are paths like this throughout the city I think an important first step is promoting a broader biking culture. If there is anyone else that would like to try biking to campus I would recommend biking with Osgoode Hallâ&#x20AC;&#x2122;s Law Union!

Before I begin, Iâ&#x20AC;&#x2122;d like to make a couple of confessions. I love to drive and I miss my car. Before I came to Osgoode I spent a year as a heavy equipment operator. I love being behind the wheel and the sense of power and freedom that come with it. This probably comes from growing up in small towns where a car was the only feasible way to get around. But in Toronto, Iâ&#x20AC;&#x2122;m not sure that any of those feelings apply. When Iâ&#x20AC;&#x2122;m stuck in Toronto traffic that feeling of freedom is usually replaced with that of confinement. All of this is to say that I respect everyoneâ&#x20AC;&#x2122;s decision to drive (or take the bus for that matter). I just think that given the state of Torontoâ&#x20AC;&#x2122;s transit system, we can do a lot better at providing alternatives. At a cost of $2.6 billion the Spadina subway extension to York University is expected to be completed in 2015. As someone who is relatively new to Toronto I find it shocking that the city has found the political capital, not to mention the real capital, to make a project like this happen when not a single bike lane runs all the way north into this part of the city. This became even more shocking the first time that I biked up to Osgoode and realized I had cut 15 minutes off of my usual 60 minute TTC commute. If biking up Keele Street wasnâ&#x20AC;&#x2122;t a death trap, Iâ&#x20AC;&#x2122;m sure that the OBITERdicta

Š 2012 Cassels Brock & Blackwell LLP. All rights reserved. | 416 869 5300

Cassels Brock 2012/2013 season

Obiter Dicta student ad â&#x20AC;&#x153;Yellow -­ Coffeeâ&#x20AC;? 4B Prestige, b&w

Contact: Heather Murray 416 869 5782 -­ fax 416 642 7137

Please PRINT a hard copy of the   

    EMAIL it back to me, thanks!

monday - oct 1 - 2012

page 16



ACROSS 3 Con-Artist 4 SCC Justice or a sea creature


6 ‘The Daily Show’ funny man


7 Wizard police


8 The thing wherein Hamelt hopes to catch


the conscience of the king


10 Curriculum Vitae


11 Form of intellectual property


12 Samsung’s recent rival



13 Court of law 15 Glenn of “Damages”



16 Sherlock’s contact at Scotland Yard 17 Barack’s opponent

12 13


DOWN 1 Bavarian festival


2 Lover of Iseult 3 The good word 5 UN Security General 9 Digit


11 Socrates’ student 14 “The Thin Man” author


15 Curry favour


3) Con-Artist 4) SCC Justice or a sea creature 6) "The Daily Show" funny man 7) Wizard police 8) The thing wherein Hamlet hopes to catch the conscience of the king

monday - oct 1 - 2012


1) Bavarian festival 2) Lover of Iseult 3) The good word 5) UN Security General 9) Digit 11) Socrates' student

the OBITERdicta

October 1 2012 - Issue #3  

Obiter Dicta is the official student paper of Osgoode Hal Law School. October 1 2012 - Issue #3