Vol 43 No 15

QUID NOVI

Vol 43 No 15 22 Mar 2022

NCDH 305 - 3644 Peel Montréal, Québec H2A 1X1

quid.law@mcgill.ca @quidnovi.mcgill

McGill University Faculty of Law Faculté de droit de l’Université McGill

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EDITOR-IN-CHIEF RÉDACTEUR EN CHEF Mark Townsend ART DIRECTOR DIRECTRICE ARTISTIQUE Hanna Rioseco LAYOUT EDITOR ÉDITRICE DE MISE EN PAGE Jamey Irwin COPY EDITORS SECRÉTAIRES DE RÉDACTION Marie-Ève Ouellet Muna Tojiboeva Raina Young COLOUMNISTS CHRONIQUEURES ET CHRONIQUEUSES Preksha Mehta Gary Preteau Sofia Watt Sjöström CONTRIBUTORS TO THIS ISSUE COLLABORATEURS ET COLLABORATRICES Respina Rostamifar Special thanks to Prairie Koo for designing the layout. ~ The Quid Novi is published weekly by the students of the Faculty of Law at McGill University. Production is made possible through the direct support of students. All contents copyright © 2021 Quid Novi.

Les opinions exprimées sont propres aux auteurs et ne réflètent pas nécessairement celles de l’équipe du Quid Novi. The content of this publication does not necessarily reflect the views of the McGill Law Students’ Association or of McGill University. Envoyez vos commentaires ou articles avant jeudi 17h00 à quid.law@mcgill.ca.

Toute contribution doit indiquer le nom de l’auteur, son année d’étude ainsi qu’un titre et un sous -titre pour l’article. Les images doivent être soumises séparément. L’article ne sera publié qu’à la discrétion du comité de rédaction, qui basera sa décision sur la politique de rédaction disponible sur notre Facebook @quidnovi.mcgill.

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QUID NOVI

CETTE SEMAINE...

INSIGHTS

COMMUNAUTÉ

2 | WHAT DO I (UN)PACK FOR 3 | WHAT TIME IS IT? WINE

LUNCH

5 | THE GAMBLING ELEPHANT IN THE LOCKER ROOM Why Calvin Ridley’s Gambling Suspension is a Sign of the Times

O’CLOCK!

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Vol 43 No 15 22 Mar 2022

EVENTS 4 | CE QUE BASQUIAT NOUS

ENSEIGNE Introduction à la théorie critique de la race / Critical Race Theory

6 | TOO MUCH OR TOO LITTLE INFORMATION? Why I am Struggling to Write This

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Vol 43 ● No 15

WHAT DO I (UN)PACK FOR LUNCH? Respina Rostamifar | 1L

Due to an editorial oversight last week, the following article was published without attribution to Respina Rosamifar. The Quid Team would like to thank Respina for her thoughtful, personal collaboration to the Quid and is pleased to republish the article crediting her. Growing up, I lived two different lives: the life of a first-generation immigrant living with a single mother, and that of an only child who grew up in an entirely different world than her family. While I was born in the beautiful city of Tehran, the epicentre of Iran, my mother and I left everything behind when I was seven years old, so I could have the chance of a better education, a better life, and a better future.

QUID NOVI • 22 MAR 2022

Canada seemed like a place of opportunity, where everyone was deemed equal under the law and individuals were free to express themselves and their cultures in a kaleidoscope of co-existence. I learnt from a very young age that Canada was far from the multicultural utopia it claimed to be. Packing a lunch for school may seem like a simple chore but it was not the case for me. Iranian meals such as Ash Resteh (‫ )هتشر شآ‬and Khoresh-e Ghormeh Sabzi (‫ )یزبس همروق شرو‬are world-renowned for the harmony of flavours that they have painted since 8th century BC. While Iranian cuisine has recently been covered by platforms like the New York Times, my classmates at the time felt nothing but confusion and distaste for my lunches. I could handle the kids at school. What I could not bear was the utter disrespect that my mother and grandparents would receive in the day-to-day. To this day, my mom continues to be marginalized and attacked for her accent at work. I always was stunned to see her fall from being an academic in Iran to her being labelled as the “woman with anger in her Iranian blood.” This is the normal immigrant experience, right? People lose all credibility in the things they have dedicated their entire lives to after moving to a new geographical point on the surface of the earth. The trade-off at the end of the day is a passport and the promise of equality. But how can one feel at home when Canada’s metaphorical mosaic of identity feels a lot more like a well-advertised melting pot? 2

Throughout my undergraduate degree, the Western bias of academia created a toxic atmosphere where existed every kind of ‘devil’s advocate’ you can think of. My peers looked to me whenever the topic of the Middle East came up and it was that simple: I do not have all the answers. At the same time, I found myself in spaces where people told me I was “not Persian enough.” Apparently, nothing I did was enough and no definition seemed to fit the tumultuous nature of my identity. The thing is, the definition of one’s identity belongs to oneself. When I talk to my grandparents on the phone on my way back from the metro, I do it contemptuously despite the looks I get when people around me hear a language that is not familiar to them. I will keep laughing with my mom when I make grammar mistakes in Farsi at dinner. I’ll make Chai Nabat (‫ )تابن یاچ‬for my friends when they come over to study. Instead of pushing one side of my lived experience away, I can embrace both: I am an Iranian-Canadian.

SUBMIT TO THE QUID NOVI! EMAIL US BY 5PM EACH THURSDAY quid.law@mcgill.ca

WHAT TIME IS IT? WINE O’CLOCK! NO BYLINE

Preksha Mehta | 2L

Dear fellow readers, Thank you to everyone who came along on my journey in finding cafés and cute study spots in the past semesters. I really enjoyed hearing your comments and feedback about my suggestions and recommendations. It is safe to say that café-exploring helped ease the dread that resulted from the pandemic and restaurants being closed. Prior to the re-opening of civilization, my Friday night plans included a bottle of wine, and a movie with my roommate. Unfortunately, the SAQ close to my apartment is 10 mins away, and that is quite a hike during the winter months. As such, I relied heavily on buying cheap wine from the Dépanneur that is across the street from our faculty. That’s right folks, I bought wine bottles from the submarine (Titanic-themed?), underwater decorated dépanneur. With that, ladies, and gentlemen, I present to you my ratings of the cheap wine bottles at the dép. Here are the criteria: 1) Is it boozy/will it get you intoxicated? 2) Is it delicious and affordable? 3) Is it actually wine?

This bottle intrigued me because of its name and its highlighter pink label. Most people would not take this bottle seriously as a red wine, but I beg to differ. This is decent wine; it is surprisingly good tasting, and the consistency is good. The drink itself has sweeter notes and has a nice acidity. There is a Pinot Noir version to this drink as well; the label is a lavender purple colour. This is a wine that I would serve someone who is not picky about their wine. It is wine, for those who don’t drink frequently or have less knowledge of what good wine entails. Overall, this drink is surprisingly good! Marquis de Mericourt Type: Dry Wine (no other indication of a type on the label) Price: $12 Location: Unknown This is a 1 liter bottle of red wine. The part that intrigued me is the quantity of the drink for the price you paid; as a student, 1 liter for $12 looks like a steal! Unfortunately, I am sad to report that this dry, red wine was not truly wine. I was disappointed in the consistency of the drink; it was on the thinner side. However, this drink tastes like wine, and is a good option if you are planning to have more than one serving. It is a ‘sippable’ drink and is the type of cheap wine I would serve at large (student) parties and gatherings. Overall, the Marquis was an ok decision.

Notre Vin Maison Type: Red Wine (It literally says Vin Rouge…there is no other categorization on the label) Price: $11 Location: Quebec

Bù Type: Merlot Price: $15 Location: France

This was the first bottle that I bought from the dép. Overall, it is safe to say that this bottle reminded me of my mission: drinking red wine that is CHEAP — I forgot for a second that I had to temper my expectations as a result. This drink does taste like wine; it even looks like wine, but is slightly on the lighter side. The consistency of the drink was more like grape water as opposed to wine. In consequence, it would take multiple servings (on an empty stomach) if one would like to feel a buzz. I had a hard time categorizing this drink as wine, but in general, it was indeed wine after having a few glasses. For $11, this drink was not a terrible choice.

This is the most expensive bottle of red wine that is currently sold at the dép. This is a classic red wine, also sold at the SAQ, which is best served with a pasta or meat dish. I genuinely enjoyed this wine and was reminded of what good quality wine tastes like. The wine is rich in flavour and has a great consistency. It is a bottle that I would bring to a friend’s place for dinner. Considering that this wine has more substance to it, it is a bit on the boozy side. This drink is a good choice if you’re running late and need to pick a bottle out for someone else. There is a Spanish version of Bù that I have yet to try, but I will keep you posted on how that endeavor goes.

Keep Calm & Thrive Type: Shiraz Price: $12 Location: Unsure

As always, please let me know what you think, and drink responsibly! P.S. These are purely recommendations based on my personal opinions, I hope you enjoy reading them.

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Vol 43 ● No 15 M. MANUEL MATHIEU EN CONVERSATION AVEC ME TAMARA THERMITUS, AD.E

CE QUE BASQUIAT NOUS ENSEIGNE INTRODUCTION À LA THÉORIE CRITIQUE DE LA RACE ET L'ART

29 mars 2022, 18h - 19h30 (ET) Registration required Ce que Basquiat nous enseigne : Une conversation entre l’artiste peintre de renommé international Manuel Mathieu et l’avocate émérite Me Tamara Thermitus Ad.E sur l’art et le droit et la théorie critique de la race. ( CRT”) La CRT est une approche théorique qui prend en compte l’expérience du racisme vécu par les personnes noires. Ayant à l’esprit certains aspects de la CRT, nous nous pencherons sur certaines œuvres de Basquiat (The Irony of Negroplcemn et Defacement), en considérant les contextes sociaux ainsi que de la position des Noir.es et de l’artiste noir dans les White Spaces. La théorie. L’art. Cette discussion sera l’occasion de réfléchir autrement sur les arts et le construit sociale qu’est la race.

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La CRT est une approche théorique qui prend en compte l’expérience du racisme vécu par les personnes noires. Selon cette théorie, le racisme est enraciné tant dans les institutions et dans les systèmes qui tendent à reproduire des schémas fondés sur les préjugés raciaux. La CRT soutient que le racisme ne peut être considéré comme étant la tare de certains individus. Au contraire, le racisme est enraciné dans les structures de pouvoir. La CRT propose une critique du savoir qui a longtemps exclu les voix des Noirs. Cette théorie, développée par des juristes noirs, remet également en question la neutralité de la loi et du système juridique. Elle reconnaît notamment les façons dont les lois et leur interprétation soutiennent les hiérarchies raciales. Le but ultime : transformer le système juridique et judicaire pour qu’ils deviennent réellement égalitaire. En tenant compte de la CRT, nous examinerons certaines des œuvres de Basquiat (The Irony of Negroplcemn et Defacement) un contemporain des théoriciens de la CRT afin d’exposer des questions de justice sociale. Manuel Mathieu, comme artiste noir dans les White Spaces, nous fera part de son expérience afin de donner ouverture à une lecture du contexte social non seulement des années 1980, mais aussi du XXIe siècle. Manuel Mathieu Artiste multidisciplinaire basé à Montréal, Manuel Mathieu est 4

connu pour ses peintures, qui explorent les thèmes de la violence historique, de l’effacement, ainsi que la physicalité de la culture visuelle haïtienne, de la nature et du symbolisme. Mariant des techniques abstraites et figuratives, ses compositions nous permettent de réfléchir sur l’histoire transformatrice d’Haïti tout en nous invitant à considérer les différents futurs que crée l’acte de se souvenir. Puisant dans un large éventail de registres, la pratique de Manuel combine son héritage haïtien et son éducation artistique formelle, qui a abouti à une maîtrise en beaux-arts au Goldsmiths, University of London. Me Tamara Thermitus Ad.E Me Thermitus Ad.E. est chercheuse invitée au McGill Centre for Human Rights and Legal Pluralism.Admise au Barreau du Québec en 1988, elle détient une maîtrise en droit (2013) de l’Université McGill sur les droits de la personne. Elle a été directrice des politiques et de la planification stratégique du Bureau de règlement des pensionnats indiens (2004-2006) et négociatrice en chef pour le gouvernement fédéral du mandat de la Commission de vérité et réconciliation. Elle est l’instigatrice de plusieurs initiatives visant à rendre la justice plus accessible aux personnes historiquement exclues. Détentrice de la Médaille du jubilé de la reine Elizabeth (2012), Me Thermitus Ad.E a reçu de nombreux prix dont le Mérite du Barreau du Québec (2011) elle est la première avocate noire à se voir décerner cette reconnaissance . Depuis juin 2020, Me Thermitus a utilisé sa plume pour sensibiliser les Québecois.e.s en vulgarisant ses connaissances sur les questions touchant le racisme systémique, l’intersectionalité, la réconciliation ainsi que la violence envers les femmes. Basquiat’s Biography Dans les années 1980, Jean-Michel Basquiat était à peine sorti de l’adolescence alors qu’il s’est trouvé au cœur de la scène artistique new-yorkaise. Il est décédé à 27 ans, Traversant le milieu des arts comme une étoile filante. Ce peintre autodidacte a adopté le graffiti avant de s’engager dans la peinture. Basquiat est aujourd’hui

reconnu comme l’un des peintres contemporains le plus importants et son œuvre unique continue de fasciner. Ses œuvres emblématiques contiennent des mots, des symboles et des diagrammes énigmatiques, ainsi qu’une iconographie comprenant des crânes, des masques et la couronne caractéristique de l’artiste. Dans son œuvre, Basquiat s’inspire de son propre héritage caribéen, d’une convergence d’histoires culturelles haïtiennes, afro-américaines et africaines. Son œuvre est marquée tant par des thèmes classiques que par des protagonistes de la culture populaire, notamment des athlètes et des musiciens. L’immédiateté et la profondeur intellectuelle de ses peintures lui ont valu une large reconnaissance. Les peintures de Basquiat font désormais partie des collections du Museum of Modern Art, du Museum of Contemporary Art de Los Angeles, du Whitney Museum of American Art et du Metropolitan Museum of Art, entre autres. En 2017, l’œuvre Untitled (1982) de Basquiat a été vendue aux enchères pour la somme de 110.5 millions de dollars américains ,ce qui en fait l’œuvre d’art la plus chère d’un artiste américain jamais vendue. Les œuvres qui seront discutés; 1) https://sugarcanemag.com/wp-content/uploads/2016/10/ e9c8cf821722fbc5eb1161f631535312.jpg 2) https://en.wikipedia.org/wiki/Irony_of_Negro_Policeman#/ media/File:Basquiat-irony-of-negro-policeman-1981.jpg

THE GAMBLING ELEPHANT IN THE LOCKER ROOM Why Calvin Ridley’s Gambling Suspension is a Sign of the Times Gary Preteau | 2L

Earlier this month, N.F.L. wide receiver Calvin Ridley was suspended at least one season for betting on games, even if they found no evidence of the use of inside information or of games being compromised. This naturally sparked a conversation about betting and athletes, but this limited conversation fails to grapple with the broader implications of sports betting and its effect on sports. It is worth acknowledging that betting has always been a part of sports culture. Friendly wagers over a hockey game have been and will continue to be a way people enjoy the game. It is quite common to see mayors or leaders bet on big games, with the loser usually wearing the other city’s jersey or hat. Following a 2018 U.S. Supreme Court decision reversing a ban on sports betting, we have seen the legal gambling infrastructure rapidly develop in both the U.S. and Canada to meet bettor demand. Controversies like Ridley’s have been happening for over a century. In the infamous Black Sox Scandal, the M.L.B. banned eight players for life due to their alleged fixing of the 1919 World Series. Baseball again handed out a hefty punishment in 1989 when it

suspended Cincinnati Reds manager Pete Rose, the all-time leader in hits at the time, for life for betting on games. Baseball is not alone in these issues, as N.B.A. referee Tim Donaghy infamously found himself at the centre of a match-fixing scandal that landed him in prison. The N.H.L. recently had to contend with allegations, which were later found to be unsubstantiated, that then-San Jose Sharks forward Evander Kane gambled on his own games. Most leagues do have policies on player gambling, which typically prohibit gambling on the sport, fixing matches, and sharing confidential information about the games. Certain leagues go as far as prohibiting any non-player personnel from betting on any sports. However, the practical implications of sports in a world full of gambling money are much murkier. The first issue is the obvious concern that participants, whether they be players, coaches, or officials, may participate in schemes to fix betting outcomes. You can bet on a game’s winning team, a team’s margin of victory, player performance in specific statistical categories, a team’s success over the season, and many other outcomes. As such, betting schemes do not even need to alter a game’s outcome, as a complicit participant could do as little as altering a player’s statistics to help his co-conspirators. These types of schemes are much harder to catch given the much smaller effects it would have on the game. Certain elements of these policies are also difficult to effectively enforce. For example, if a player is dealing with an injury and shares their frustration with a friend, would they be punished for sharing confidential, non-public information? These broad rules prohibiting the sharing of non-public information do not provide much clarity on this point. Any attempt to enforce this vague rule would be incredibly invasive and thus likely be rebuffed by player unions anyway. Additionally, the sports media industry relies on insider information to generate much of the attention for these leagues. Yet, these rules are vague as to how much information can be shared before becoming illegal. The competitive cycle of most North American sports is also dramatically affected by sports betting. The N.F.L. recently saw Miami Dolphins owner Stephen Ross, who has ownership stakes in a gambling business, accused of offering extra money to his coach to lose games. The optics of an owner paying to lose games whilst profiting from sports gambling are obviously terrible. However, intentionally trying to lose games is a common tactic. Teams regularly “tank” and try to finish at the bottom of the standings to secure a better chance at drafting a coveted prospect. It is especially blatant in years with particularly highly touted prospects, like LeBron James, Sidney Crosby, and Connor McDavid. The obvious difference between these scenarios is the offer of money for losses, but both are conscious efforts to lose. Some leagues, like the N.F.L., require personnel put forth their “best effort” to avoid gambling infractions, but tanking is as popular as ever and leagues have not batted an eye on the gambling implications. While not an issue of sporting integrity, the impact on fans is worth consideration. First, there is the reality that gambling addiction is real and weaving sports betting and sports so tightly together will 5

Vol 43 ● No 15 cause harm for those people. Particularly notable is that gambling addiction is seen by some as a “silent plague” among athletes.Athlete gambling addiction creates risks to sporting integrity, but more importantly to the athlete’s own well-being. Leagues, while raking in billions from gambling, will need to reckon with their stars suffering from the source of their windfall. Secondly, putting money and not just local pride on the line can be an exciting part of sports now, but it also means more consequences for losses. We have seen many instances of fans berating and dehumanizing players, so adding financial consequences to this relationship may worsen these instances. All this is not to say sports betting should be prohibited. That would simply mean bettors seek out illegal bookmakers. I also agree that sports betting can add a fun element to being a fan. However, major sports leagues and their fans need to brace for a future where Calvin Ridley’s suspension was not an outlier but a sign of things to come.

TOO MUCH OR TOO LITTLE INFORMATION? Why I am Struggling to Write This Sofia Watt Sjöström | 1L

QUID NOVI • 22 MAR 2022

I struggled to write my article this week. In fact, despite Quid Novi being an informal, low-stakes student platform, I often struggle with my submissions. Do not get me wrong: I love writing. The trouble is not so much coming up with ideas, or even typing them. It is just that I can never decide what is the right thing to say. This might seem unlike me, as I tend to have opinions. However, when it is time to sit down and write them up for all of our law school to read… I feel a bit of trepidation. I think this experience speaks to some general trends. The study of law overwhelms us with information – but can also make us feel very ignorant. It is on the topic of these two, seemingly contradictory challenges, that I finally decided to write. The Information Surplus The complaints about our excessive readings are not merely rooted in fatigue. I have heard several peers share their regret that we do not have more time to delve deeper into topics of personal interest. It feels like an impediment to knowing what areas of law we want to study and pursue. Similarly, people complain that we have little to no time for review. Skimming readings only gives us a superficial understanding of each text. With so much diverse information constantly entering our brains, it’s hard to feel confident in what we know. It’s not just readings, but also lectures, conversations, seminars… I probably attend too many seminars, but let’s be real: on any given day, there are at least two interesting events at the faculty! Everything feels pressing and important. I think that is in part where my struggle to write these articles comes from. As a law student, my thoughts and ideas are numerous – I am constantly bombarded with new knowledge.Although I have heard that synthesizing information is part of thinking like a jurist, it can be hard to focus amidst this storm. I cannot seem to pick a topic; nothing feels right. I pick something, then stop mid-sentence, thinking 6

I should have gone with another topic. Yet when I do that, another, seemingly better idea surfaces. The perpetual buzz in my head, manageable when I am passively taking information in, takes on aggressive tones when I have to put my own thoughts onto a page. After all, I am hardly an expert. On the contrary… The Ignorance On one hand, my mind is buzzing and brimming with new knowledge. On the other hand, I know absolutely zilch. It is a common sentiment: learning, perhaps especially post-secondary education, makes us feel ignorant – by shedding light on all there is left to learn. Every lecture is a world unto itself. For now, we see the world fuzzily, in broad brush strokes. A small detail, barely apparent to us, might, if snapped into focus, represent pages and pages of scholarship. And there are people – Professors, but also many peers – who have taken such minute, particular ideas and created worlds, by writing articles, theses, and books… It is not just what they have written, but what they have experienced, that counts. I am extremely fortunate, having entered law school at age 19 from CEGEP.. However, the sense of my own ignorance is also heightened. Do not get me wrong: I have done some interesting things (I promise!). Nonetheless, I obviously lack the concrete, real-life experiences of older students. I lack their impressive academic expertise. Moreover, I lack all of this experience in terms of both quantity and quality; breadth and depth. Although this thought can be humbling, not to mention a fantastic educational opportunity, it is also frightening and alienating. There are a lot of discussions about imposter syndrome in this faculty, so I hope I do not sound like a broken record. At the same time, I think that these discussions are useful. They certainly reassured me in knowing that my fears are common, and I think it helps to put these thoughts into words. Of course, imposter syndrome is not something you vanquish in one day; it keeps coming back. There are moments – when I raise my hand in class, or volunteer to write these articles – that I wonder: What am I doing? Why am I speaking up? What can I possibly contribute here? But that is silly. I came to law school not as an expert, but an idealist. Of course, I am here to learn, but I also want to speak up about things I care about. Or, if I am not sure of my perspective yet (an increasingly common experience these days), if I have not chosen a ‘side,’ I want to speak up to ask questions, and articulate concerns. Surely, everyone is ignorant to some extent. Why be ashamed of it? Wielded correctly, knowledge gaps can be learning opportunities. And, since they are not permanent, they cannot say much about who we really are. Conclusion In brief, law school has me both overwhelmed with information, and convinced of my own ignorance. This can be paralyzing, particularly when I sit down to write. But to be an effective jurist and advocate, I think I must, anyway. Hopefully we will soon have opportunities to explore our interests; surely the imposter syndrome will eventually dwindle away. In the meantime, maybe it is okay not to perfect – to say something, then change your mind – or simply be wrong.

"The Search"

Credit: Marie-Anne Letarte

18h - 19h30 Conférence en Maxwell Cohen Moot Court New Chancellor Day Hall, 3644 Peel St, Montreal Zoom available. Registration REQUIRED

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QUID NOVI • 22 MAR 2022

Vol 43 ● No 15

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