Vol 44 No 17

QUID NOVI

Vol 44 No 17 4 April 2023

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 RÉDACTRICE EN CHEF Anna McAllister ART DIRECTOR DIRECTRICE ARTISTIQUE Souang Wu LAYOUT EDITOR ÉDITRICE DE MISE EN PAGE Camille Duhaime COPY EDITORS SECRÉTAIRES DE RÉDACTION Giuseppe Sutera Sardo Kim Baronet COLUMNISTS CHRONIQUEURES ET CHRONIQUEUSES Brandon Grimaldi Ella Johnson Gary Preteau CONTRIBUTORS CONTRIBUTEURS Alexia Armstrong Andrea Vulinovic-Zlatan & Ruchama Botat Ashley Saad Christie Bike Ride Organizing Committee Émilie Weidl Inter Gentes Team Janella Deniset & Poonam Sandhu Sara Alarcon Carilo The JLSA Executive Team 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 © 2023 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.Soluptate pro mosse odio

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QUID NOVI

CETTE SEMAINE...

INSIGHTS

COMMUNAUTÉ

2 | LETTER FROM THE EDITOR

7 | CROSSWORD PUZZLE ANSWERS

2 | FROM THE GELBER

10 Tips for Studying in the Gelber During Exams

44 17

Vol 44 No 17 4 April 2023

March 28’s Edition

9 | OVERHEARD

4 | STANDING AGAINST ANTISEMITSM ON CAMPUS 10 | ALUMNI FEATURE 5 | MCGILL LAW AND THE CHAMBER OF SECRETS 10 | MEET THE TEAM or What the **** is Wrong with our Plumbing?

Brandon Grimaldi, Columnist

6 | THE NHL’S PRIDE JERSEY FIASCO

11 | LAW SCHOOL-THEMED CROSSWORD PUZZLE

8 | THE LAW & POLITICAL ECONOMY OF

14 | CHRISTIE BIKE RIDE RAISES $10K FOR

12 | DISPLACEMENT IN SOMALIA

15 | MONTREAL-THEMED CROSSWORD PUZZLE

HOUSING IN MONTREAL

Factors, Effects and Current Efforts

16 | NAVIGATING TWO DISASTERS: CLIMATE

CHANGE & THE TREATMENT OF MIGRANT WORKERS

THE MOBILE LEGAL CLINIC

18 | BLAST FROM THE PAST 19 | LAW SCHOOL-THEMED CROSSWORD PUZZLE SOLUTION

17 | RECAPPING “DANGEROUS GAMES: INTERNATIONAL LEGAL RESPONSES TO THE VIDEO GAME ERA”

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Vol 44 ● No 17

LETTER FROM THE EDITOR Anna McAllister | 2L

Well, Quid readers, we have made it to the final month of the semester.

bar in the library, or enjoying a brief exchange about something non-law related in the hall can go a long way.

The signs of exhaustion are evident no matter where you go in the Faculty. Group project logistics are ruining what limited plans you had hoped to attend. Profs are introducing new content when you would rather just catch up on the four lectures you missed while working on the aforementioned group projects. The usual unofficial McGill Law dress code has fallen from business casual to a borderline pajama party. Let’s face it; we’re tired!

I also invite you to be candid with one another. For instance, share that you haven’t actually done the readings for property law, accidentally slept until noon last weekend, just got over your seasonal depression, and called into work sick to practice for your moot tryout. Law students often try to keep appearances up and pretend that we are invincible beings, unaffected by the workload or stress, and always right on schedule. While we are often invincible (we are McGill Law students, after all), being candid about our shortcomings can release some of the pressure that accumulates this season. It also opens the floor to needed conversations about how we are really doing. Sometimes opening a vulnerable dialogue takes the courage to be vulnerable first.

During this time of year, we are often encouraged to be kind to ourselves, and I know that no matter how often you hear it, you are unlikely to take that advice. For this reason, I suggest we be kind to each other instead. Be mindful that we truly never know what is going on in someone’s life on top of the regular pre-exam hecticness. A smile in the hallway, sharing a secret granola

I wish you all the best this busy season and look forward to celebrating with you when it is over!

FROM THE GELBER 10 Tips for Studying in the Gelber During Exams Sara Alarcon Carrilo | 3L

QUID NOVI • 4 APR 2023

Hello there!

As we gear up for exam season, you may be considering actually studying in the Law Library for the first time this year. Welcome! Even if you’re a Gelber veteran, you may be wondering which, if any of the library’s policies and operations will be changing during the exam period, and for how long. For your benefit, I’ve put together a quick list of things to keep in mind for your exam prep study sessions. ◊ On April 1st, the Law library will begin extended hours for students to study for exams. » This means that the library will remain open 24/7 from April 1st until the 28th. After 5pm and on the weekends, you will need your McGill student ID to be granted entry by security. The hours of the Circulation Desk will remain between 9am-5pm. If you need to take out a book on regular loan outside of those hours, we have a self-scan machine on the 1st floor right opposite the Circulation Desk and in front of the hallway leading to the washrooms.

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◊ The 3rd to 5th floors will be limited to law students as of April 14th. » As agreed between the Students’ Society of McGill University (SSMU) and the Law Students Association (LSA), the Nahum Gelber Law Library will limit access to the three upper floors of the library to Law students only during the April 14 to 28 examination period and between the hours of 9am-5pm. This means that you will need to scan your McGill ID on the elevator or at the doors to enter those floors. We can’t guarantee that SNAILs can’t get in, but it’ll be a lot harder. ◊ Food is not permitted in the library. » But if you must, make sure it’s not messy or fragrant. Please, for the love of God, don’t send your Uber Eats order to the library. » Drinks are permitted as long as they are covered.

◊ Reserve books remain available during the exam period. » You can still take out books on reserve during exams and the typical 3-hour window applies.

If you come after 2pm, then you may hold on to the book until 10am the following business day. » You can take out books on reserve “back-to-back” when there is more than one copy, and it has not been requested by someone else. If there is only one copy, you have to wait 15 minutes after returning it to take it back out again if it has not been claimed. ◊ You can book study rooms between the hours of 9am-5pm and its first come, first serve after hours.

spot. If not, you can check in with the Front Desk to see if anything was returned. For valuable items, we keep them behind the Desk and may need some additional information, however for other items, we typically put them on the shelf right at the entrance. ◊ Books auto-renew unless there is a hold put on it. » If you have a book out on regular loan and are unsure about when it’s due, you can check the due date on the McGill library website under ‘Library Account’. If it has not been requested by anybody else, it will auto-renew.

» Rooms can be booked for two-hour slots. If you find an empty room after hours, have at it for as long as you want.

» You can also return McGill library books at any branch, meaning if you have some McLennan books but don’t want to make the trip, feel free to leave them with us (and vice-versa). It’ll be sent to the right people.

◊ If you have questions about footnoting or citations, join our Citations workshop on April 5th!

◊ Make sure to pass by the interactive exhibit on marriage and divorce in Canadian law.

» Whether you’re moving towards the editing stages of your term paper, prepping for your upcoming journal position, or simply want to impress your supervisor with your McGill Cite Guide knowledge, the Citations workshop is a great opportunity to learn some helpful editing tips.

» Every few months, our Liaison Librarians, Sonia and Ana, put together a new exhibit on legal history.

Our current exhibit entitled “Two Rings Don’t Make a Right” explores the historical development of marriage and divorce law in Canada, with particular focus on the legalization of same-sex marriage.

The exhibit also features a library touch table with audio and visual aids for people to learn more. If you ever need to take a quick break from studying, I encourage you to come down and check it out!

» Wednesday, April 5, 2023 at 1:00pm - 2:30pm in the Dobrin Steinberg Computer Classroom. ◊ If you lose something at the faculty, check out our lost and found at the Circulation Desk. » It may happen that you forget something at the library after a long study session. Depending how long ago it was you may very well find it at the same

◊ The Liaison Librarians and Reference Desk are still available to answer your research questions or provide help in finding legal sources. Feel free to pass by the desk or send us an email at law.library@mcgill.ca

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Vol 44 ● No 17

STANDING UNITED AGAINST ANTISEMITISM ON CAMPUS The JLSA Executive Team

QUID NOVI • 4 APR 2023

Over the past two weeks, some disturbing incidents of antisemitism have come to our attention, and we feel that the time is right to speak out. We want to start by reiterating our support for any students impacted by these events. The Jewish commitment to Tikkun Olam, or repairing the world, includes a commitment to social justice.

This is at the core of our values as Jewish law students and as the leaders of the JLSA. We hope that raising awareness among McGill Law students is the first step in ensuring the ongoing safety and security of Jewish students on campus.

The first incident which we would like to bring to light occurred on March 23rd, at the LSA’s Leprechaun Lap event. Several people had swastikas unknowingly drawn on their shirts. In response, the LSA and JLSA released a joint statement condemning the behaviour and promising a full investigation.

We are grateful to the LSA members who acted promptly to address the situation. The concerning nature of this incident is furthered when placed in the context of a growing wave of antisemitism.

Late last year, Kanye West’s tirade against Jews on social media platforms, including Twitter, rocked our community. West perpetuated numerous hateful tropes about the Jewish community, which had a particular meaningful impact given his large network of followers. In particular, his promise to go “Death Con 3” on Jews brought up sensitive emotions against a backdrop of centuries of historical calls to genocide our people. His actions, 4

though, did not occur in isolation. Just last year, Jews were once again named the number one target of hate crimes in Canada and the US. If there is one lesson we hope you can draw from this, it is that being a strong advocate for the Jewish community is more important now than ever before. This means calling out Kanye and others who seek to harm our community with their words and their actions.

While Kanye’s antisemitism was overt and easily identified, subtler forms of antisemitism have also been on the rise. In an SNL monologue in November, comedian Dave Chapelle subtly engaged in antisemitic tropes by intimating that Jews control Hollywood and the media.

While we believe strongly in freedom of expression and the right to voice one’s opinions without prejudice, Chapelle’s reliance on centuries-old conspiracies, created to harm and isolate the Jewish community, constitute a very real form of antisemitism which we continue to face. This must be condemned.

As antisemitism continues to rise, we have begun to realise that our campus is not immune. During the month of March alone, we witnessed the harm that can be done to Jewish students. While legitimate criticism of the State of Israel is fair game, some events have become a means to demonise the state and spread hatred against Jewish communities. For example, at a pro-Palestine protest on March 24, students were heard chanting “there is only one solution, intifada revolution”.

For many Jews and Israelis, the Intifada (uprising in Arabic) is a painful reminder of multiple waves

of violent attacks against Israeli civilians. To be clear, we are not talking about attacks against the Israeli military, but about innocent civilians, regular people going about their daily life until they are on a bus that explodes, or stabbed without warning, or run over by automobiles. Scores of Jews have died in this manner, and countless more injured. This is what is being called for as the “only solution”.

Calls for violence against civilians such as this are unacceptable and cannot be tolerated on campus.

Furthermore, it has come to our attention recently that a Jewish student was rebuffed when trying to publish an opinion piece in the McGill Tribune. The piece was entitled “Queer McGill is not a safe space for Jews” and described how Queer McGill told her to censor her views about Zionism. A copy of the op-ed can be found via the QR code below and we strongly encourage you all to have a look.

In response to the submission of this article, the opinion editors, Chloé Kichenane and Kareem Abuali, stated that the “article doesn’t align with our values as a paper. We’re not going to be able to publish it.”

The values that were referred to are part of a policy of anti-Zionism, including arguing that Zionism is a “settler-colonial ideology”.

This too constitutes the perpetuation of an antisemitic trope against the Jewish people, namely that we are not indigenous to the Land of Israel (and thus “settler-colonialists.”) To be clear, Zionism is a movement dating back thousands

of years, calling for the re-establishment of a Jewish national home in our ancestral, indigenous homeland. This belief does not mean that other people, notably Palestinians, could not live in peace and harmony together with Jews, as many Arab-Israelis do every single day. Being anti-Zionist means that the Tribune does not believe Jews deserve the same rights as other indigenous peoples. Furthermore, the habit of singling out Israel for exclusion from public spheres perpetuates an antisemitic double-standard, which holds Jews to an

unfair higher standard that other groups are not asked to abide by.

We unequivocally condemn the Tribune’s actions as they stifle debate and free expression on our campus. Opinion pieces should be just that: opinions. Jewish students must be able to have a voice on campus, and a student newspaper should not be censoring students simply because they do not agree with their political views.

and support the Jewish community in our fight against antisemitism.

Link to the op-ed: https://docs.google.com/document/d/1_SD8Shsy2_0kaP4Sv6pKgzzm0Dmg22VKLNNt2iomCU0/ edit?usp=sharing

Antisemitism continues to grow stronger both in society and on campus. We must all take a stand

MCGILL LAWorAND THE CHAMBER OF SECRETS, What the **** is Wrong with our Plumbing?

Ella Johnson | 2L

I am writing to you from the restricted section of the Gelber, where I have just discovered the reason for McGill Law’s constant plumbing issues: we have a basilisk. Many of our professors have denied the legends of an old monster lurking deep in the basement, in a chamber hidden within one of our many lockers. But what else can explain the steadily expanding puddle of water outside the third-floor women’s bathroom? The slightly smaller puddle I just encountered in the basement women’s bathroom? The constant disrepair of our sinks and toilets? Searching deep in the dusty tomes of the restricted section, I did admittedly come across another possible explanation: budget cuts. This is when universities reduce funding allocated to certain lower priorities, such as building maintenance. But I simply cannot imagine that the good people of the McGill administration would reduce the maintenance budget to the point that even these emergency repairs could not occur promptly. Folks, when the sewage is leaking into your classroom from the bathroom above, there can be only one plausible explanation: there is a massive mythical chicken-snake wreaking havoc on our plumbing.

WA N T E D

I know the news of a basilisk may cause fear. These monsters are known to kill people with whom they make eye contact. But I have it on good authority from a certain Professor Shauna Van Praagh that a past generation of students blinded the creature. It is now only our toilets that are in danger. But may I say – that is no trivial thing. Good hygiene is essential. This should be especially clear after these last few years of the pandemic.

To that end, I hope the administration will take this problem seriously and immediately take all possible steps to eradicate the monster from our building permanently. I have cross-referenced the locker numbers with the LSA’s list and believe I have identified the one that leads into the monster’s lair, so please let me know when you are ready to take up this fight. I also learned in my research that basilisks fear gender-neutral restrooms, another option for eradicating the creature if the admin does not want to take the creature on directly.

To all my fellow students - be brave, and please continue to avoid flushing the toilets in the third-floor women’s restroom!

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Vol 44 ● No 17

THE NHL’S PRIDE JERSEY FIASCO Gary Preteau | 3L

QUID NOVI • 4 APR 2023

One of the NHL’s favourite sayings is that “Hockey Is For Everyone”. This claim has been sternly challenged by several players refusing to not wear the Pride-themed warmup jerseys Some players have invoked religious reasons for their non-participation.

Several teams have also cited a new Russian anti-LGBTQ+ law as their reason to scrap plans for their jerseys.1 This situation is obviously quite disappointing. While I am not myself a member of the LGBTQ+ community, experts like Kris Wells, the Research Chair for Public Understanding of Sexual and Gender Minority Youth, provide critical insight. Wells has commented that such Pride events importantly promote visibility and

leadership. They are particularly valuable as LGBTQ+ issues are increasingly targeted by many lawmakers.2

ment, including the right for others to point out the lack of coherence and the obvious homophobia in those beliefs.

These headlines also do little to improve hockey culture’s less-thanstellar reputation.

However, the main issue is that such mandates undermine the purpose of Pride nights in hockey. You would value the friend who chose to go to your birthday party more than the friend forced to go by his parents. It is no different in the context of Pride events. Players wearing the jersey, knowing they can refuse, is a greater show of support than players merely following team rules.

However, I do disagree with some of the responses to this disappointment.

Some have argued for Pride jerseys to be mandatory or for fines or suspensions for those refusing to wear them.

These arguments, even if they come from a good place, miss the mark.

A common counterpoint is that people should be free to express their beliefs.

I do generally agree with this arguDaniel Nugent-Bowman, “Why Edmonton Oilers and their star players believe Pride night is ‘important to celebrate’” (24 March 2023), online: The Athletic <https://theathletic.com/4342951/2023/03/24/edmontonoilers-pride-night-2023/>.

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“Blackhawks won’t wear Pride warmups over security concerns” (22 March 2023), online: ESPN <https://www.espn.com/nhl/ story/_/id/35920976/chicago-blackhawkswear-pride-themed-jerseys>.

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Players not being able to choose to wear the jersey also misrepresents the openness of the hockey world. If the NHL, as a corporate entity, supports LGBTQ+ inclusion, that’s cool. But hockey happens on the ice and the locker room with players. Support coming from the free choice of players is a much better representation of the game’s inclusivity than a corporate decision from the league NHL. While it’d be better if there was

no controversy, an unflattering but accurate representation is better than a sugarcoated falsehood. At the very least, this situation exposes the need for more work.

In response to the controversy of players skipping the jerseys, we have also gotten some of the most forceful shows of support from many players. San Jose Sharks captain Logan Couture, speaking in response to his goalie James Reimer’s non-participation, noted that “hockey is at its best when it includes everyone” and that “every person should have the opportunity to play.”3 Florida Panthers star Matthew Tkachuk remarked that “everyone’s invited in my locker room and our locker room as an organization” after several Panthers chose to not wear the jerseys.4 Connor McDavid, hockey’s Sheng Peng “Reimer, Couture, Quinn on Reimer refusing to wear Pride jersey” (18 March 2023), online: San Jose Hockey Now <https://sanjosehockeynow.com/san-jose-sharks-reimer-couture-quinn-pride-night-jersey-locker-room/>.

4 “Panthers’ Tkachuk on the importance of pride night: ‘Everyone’s invited in my locker 3

biggest star, told media that he “feel[s] very strongly that hockey needs to be inclusive — and include everybody.”5 The news has also focused on the holdouts, not those who are participating. The vast majority of players with the opportunity to wear Pride jerseys have chosen to wear them. You Can Play COO Kurt Weaver aptly pointed out that “13 years ago, we might have had three people wearing Pride jerseys.” 6 We can definitely hold off on hanging the “Mission Accomplished” banner, but there has been tangible progress. It is important to acknowledge progress to avoid a sense of room” (24 March 2023), online: Sportsnet <https://www.sportsnet.ca/nhl/article/ panthers-tkachuk-on-importance-of-pridenight-everyones-invited-in-my-locker-room/>.

5 Supra note 2.

hopelessness around the game’s culture.

This whole controversy may, in an unfortunate way, become a non-factor going forward. NHL commissioner Gary Bettman has announced an intention to “evaluate” its Pride nights going into next season,7 so it is possible that future seasons avoid this whole controversy by simply scrapping the entire concept. If this vague statement is foretelling the elimination of Pride nights, it would be a sad retreat from the league’s constant claim that “Hockey is For Everyone”. If the league’s support for LGBTQ+ inclusion crumbles at the threat of controversy, we can hope that the bright spots that shone through in this controversy can grow and continue to make Canada’s Game accessible to everyone.

Michael Woods, “Bettman: NHL to evaluative pride nights in offseason after some players refuse to wear jerseys” (27 March 2023), online: CTV News <https://ottawa.ctvnews.ca/bettman-nhlto-evaluate-pride-nights-in-offseason-after-someplayers-refuse-to-wear-jerseys-1.6331097>.

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Greg Wyshynski, “NHL activism partner: Provorov negatively impacted Pride night” (18 January 2023), online: ESPN <https:// www.espn.com/nhl/story/_/id/35474865/ provorov-negatively-impacted-pride-night>.

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CROSSWORD PUZZLE ANSWERS March 28’s Edition

Escaped to California

JOUET

Skit Nite venue

CLUBSODA

Dans son cours, tu deviendras prof CREPEAU Mcgill law’s fav made-up word

TRANSSYSTEMIA

It’s not a strike

BOYCOTT

Iconic, reliable coffeehouse snack

GRILLEDCHEESE

French abbreviation for the McGill RDDDM Journal of Sustainable Development Law Le nom d’un des chiens du doyen

ALICE or RUPERT

Livre Cinquième du CCQ

DESOBLIGATIONS

Cours obligatoire en 2ème année

LESBIENS

Housing coop near McGill founded MILTONPARC in 1979 Accidental inventor of the world’s DONOGHUE worst ice cream float Apt name for a litigator

SUE

Bridge in the unilateral contract BROOKLYN hypothetical Brun, Tremblay________

BROUILLETTE

The chancellorship saw more of JOHNS these than women Hottest band ever created

LESSANDYCATS

Passive

BILINGUALISM

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Vol 44 ● No 17

THE LAW & POLITICAL ECONOMY OF HOUSING IN MONTREAL Ashley Saad | VP Events of the Law and Political Economy Club

Montreal is undeniably facing a housing crisis. Between 2000 and 2022, the housing index increased by over 314%, which is a more significant shift than that experienced by other major cities such as Los Angeles, San Francisco and New York during that time.

In addition, and related to this housing crisis, many homeless shelters are facing unprecedented demand and are operating in minimum at full capacity.

QUID NOVI • 4 APR 2023

To discuss the current state and future outlook(s) of these twin crises, the Law and Political Economy (LPE) club at McGill hosted its first event entitled “The Law & Political Economy of Housing in Montreal” on February 1st, 2023. Together with a panel of practitioners and community workers involved in housing projects across the city, we explored the law’s role in tackling the underlying causes of these two major issues, touching on themes such as rising homelessness, heating housing markets and the commodification of basic rights.

The discussion began with the panelists, Alana-K. La Rosa-Dancoste, Su J Sokol, Georges Ohana, and Emily Knox, giving a brief introduction of themselves and the work that they do.

Alana-K. La Rosa-Dancoste is the coordinator at the housing department of Vivre en Ville, a public interest organization that contributes to the development of sustainable communities throughout Quebec, through research, training, consulting, advocacy and awareness. Since she began working at Vivre en Ville, Alana’s main task has been to coordinate the Rent Registry project, which is an open data platform where tenants can input the amount of rent they pay, the address of their rental unit, and date of the lease and share it 8

with their neighbours and communities.

The registry is aimed at preserving the affordability of rental housing in Quebec and elsewhere in Canada by protecting vacancy control through increased transparency. Alana’s team is currently in the development phases of its website and hopes to build a new and improved rent registry website that can ultimately be adopted by the provincial government.

Su J Sokol, a former legal services lawyer from New York City who specialized in housing and tenants’ rights, is an activist, social rights advocate and author. Su immigrated to Montreal in 2004 and has worked for Project Genesis, a non-profit community organization that supports neighbourhood residents in facing and resolving challenges including housing, basic income security and access to health care and other government programs. While Project Genesis works on resolving individual residents’ problems, it also focuses on identifying and addressing the root causes of broader social inequities.

Emily Knox is a housing rights advocate and graduate of McGill’s Faculty of Law. She is the Project Manager for the Québec Homelessness Prevention Policy Collaborative (Q-HPPC), an intersectoral coalition comprising researchers, community sector workers and public sector workers that seeks to drive policy and legislative reform to prevent homelessness in Québec.

Georges Ohana is the Director of Homelessness Prevention and Research at the Old Brewery Mission (OBM) since October 2021. From 2006 to 2021, he was the Director of Housing Support Services at OBM. The Mission provides a range of services that cater to the needs of Montreal’s homeless population as

well as those at risk of becoming so.

Georges highlighted that it was only in 2021 that OBM launched a team that sought to prevent homelessness by studying its causes and by developing mechanisms to prevent individuals from going through the trauma of becoming homeless. Up until this point, OBM had only sought to treat homelessness once it had already occurred. Thus, OBM has shifted its efforts to focus on reducing the number of homeless men and women that end up in the streets in the first place.

Following these introductions of the panelists, the moderator posed a series of questions to the panel in order to deepen the discussion on the historical context, present endeavours and future outlooks that all contribute to better understanding and improving housing and homelessness. The moderator first inquired about the nature of the problems faced by the panelists’ clientele and how these housing-related issues have changed over time.

In Georges’ view, one of the main issues facing his clientele is their inability to properly understand information that has been communicated to them, for example from the government. More often than not, these individuals’ immediate reaction is to ignore anything they do not understand. By failing to address information and solve issues, they end up pushing themselves further toward homelessness.

Therefore, his work involves translating information, as well as accompanying and reassuring his clientele.

For xyr part, over the eighteen years that Su has worked for Project Genesis, xe has seen the housing market in Montreal move drastically toward New York City’s situation, where the housing market is overheated and where rents are

very expensive. Moreover, xe now sees that landlords in Montreal are using the same types of underhanded tricks that those in New York City use to repossess rental units and to evict tenants by subdividing the unit, enlarging it substantially or changing its destination. Emily echoed this point of view.

She pointed out that while Montreal has long been known as a small landlord market, we are starting to see a massive shift toward the financialization of housing as large corporations or real estate investment funds have been buying up housing stock. Thus, housing is becoming a “commodity” for investment and this drastically changes the face of Montreal’s rental market. Furthermore, Alana argued that the financialization of housing is essentially bringing the right to housing, which is a human right, in competition with the stock market.

a right to housing and a right to live in dignity, and that these come above any financial interest. Emily answered the question from a more legal perspective.

Her organization has been advocating for the Quebec Legislature to amend the Quebec Charter of Human Rights and Freedoms to include the right to housing. She argued that this would provide a solid framework for the recognition that housing is a human right, and it would also bring more accountability and reporting obligations to gather more data on housing. For instance, she suggested that we could implement a “progressive realization right to housing”, meaning that the government would have an obligation to progressively realize the right to housing for all. It would have to use the maximum available resources to achieve this right in the minimum amount of time.

Shifting the discussion to actions that can be taken to advance the fight for affordable housing, the moderator then asked the panel if there were any particularly salient strengths or beliefs in Quebec’s society that can be leveraged in the fight against the housing crisis.

Subsequently, the moderator asked how the implementation of a right to housing would impact the work the panelists are doing in their respective organizations. Drawing on his experience working at the OBM, Georges described how community organizations such as the OBM are doing most of the work to treat and prevent homelessness but are limited in what they can accomplish due to lack of funding. However, a legally recognized right to housing would create a paradigm shift that would enable the government and community groups to work together in finding a solution to homelessness. For instance, in Austria, when a tenant is close to being evicted, the government has allocated funds to

Offering an outsider’s perspective, Su identified a stronger sense of social solidarity in Quebec than elsewhere. In their view, Quebecers have a shared belief that we as citizens have responsibilities toward one another, that our government has responsibilities towards us. In other words, there is a consciousness in Quebec’s society that people have inalienable human rights, which include

enable it to reach out to the individual during the eviction process and to find alternative living arrangements. This idea of a duty to assist would be particularly relevant in the context of an inmate leaving a correctional facility, as more than 60% of occupants of homeless shelters have a criminal past. This duty, which exists in the United Kingdom, would require the government to take reasonable steps to guide an inmate towards resources and prevent them from experiencing homelessness. Thus, by having a law that stipulates a right to housing, we can push the government to recognize its obligations towards its own citizens.

To conclude, the panelists offered some of their solutions on how to push back on the financialization of housing, and their views as to the principles and values that guide their vision for affordable housing. For her part, Emily advocated for rent control. Even though she recognized that it will not stop the financialization of housing, she believes that it will nonetheless prevent some of the worst harms of it, which are the rapidly rising cost of rents. She also proposed the use of municipal zoning restrictions as an effective mechanism to try to protect non-profit housing stock.

Su reiterated that our society needs to get out of a system of balancing the human right of housing versus the capitalist right of making a profit, as those two things should not be on the same scale. Finally, Georges shared how he was guided in his work by two principles, namely reducing the trauma of the people he meets, and showing kindness.

OVERHEARD 2L : “If the atrium is quiet after 7 PM and people are working, maybe it isn’t time for your piano recital.”

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Vol 44 ● No 17

ALUMNI FEATURE

Check out these features from McGill Law Alumni and learn how their lives have taken shape since leaving the Faculty!

Norm Steinberg BSc’71, BCL’75

Paul Marchand BCL’66, LLM’85

Grant McCrea BA’82, LLB’85, MA’86

I entered McGILL Law with intent to become a business lawyer. I graduated in 1975 and joined Ogilvy Renault in Montreal.

I always knew I could not follow my dad into dentistry or medicine. My feeling was that I could write and wished to help and counsel people.

School was interesting, and I felt that I had talent. I won a scholarship to Princeton but wanted to work in Montreal. My early days in law at Byers Casgrain were rough but I found a wonderful mentor in Bill Stewart who pioneered estate planning and prematurely died when I was 32. I carried on his practice which included some fortunate people who I helped become philanthropic. I am now retired but have redirected some $100 million to good causes.

I was homeless for 8 years before miraculously McGill let me in as a “mature student” on the basis of a three-sentence application. From there I went on to get a philosophy degree and an MA before entering McGill Law, where I went on to finish first in my class before moving to NYC (which paid better and had fewer barriers to entry) for 35 years. During this time I visited 44 countries as an international litigator. I am now retired from the law and finishing my 6 books (2 have already been published, by Random House). So, never give up!

Where did my career take me: I specialized in M&A, led our law firm in a series of global mergers, becoming Global Chair of NORTONROSEFULBRIGHT ,one of the largest law firms in the world.

I retired from the firm four years ago,and became Vice Chair of BFL Canada. I also serve on a dozen boards for different public, private, and not-for-profit organizations.

MEET THE TEAM Columnist

Brandon Grimaldi | 1L

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the Quid to offer. The fact that the Quid is able to combine, strong researched works, opinion pieces and some more laid-back articles all in one is something that I enjoy reading and contributing to.

Where are you from/ where have you lived?

I was born in Montreal and lived my whole life in the eastend borough of Saint-Leonard.

What did you do before McGill Law? Just a few Metro stops away, I completed my undergrad in Political Science and Public Policy at Concordia (they had a tunnel, but I got over it, walking up Peel in the winter is way more fun)

What drew you to the Quid?

I was always interested in journalism, particularly those run by students, so I was very excited to learn McGill had

Was law school a dream come true or happy accident? Do you want to be a lawyer?

I’m not the “I’ve wanted to be a lawyer since I was 2” type

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of person but attending law school, was a goal of mine for quite some time. That being said, I was very happy that my midnight frantic caffein-fueled essay writing all these years prior paid off and I am where I want to be.

As for wanting to become a lawyer, I do. I thought I knew what I wanted to practice but just in my first year I’ve been introduced so many areas of law that my answer to that question is now easily summed up as: TBD. What do you enjoy doing when you’re not studying?

Depends on the time of year. In the winter I am a huge NetflixPrime-Disney+ binger, I will

go to bed at 3am if it means that I would finish the season.

Otherwise, in the summer I’m usually out and about with friends, taking advantage of the city’s great restaurant seen or finding quiet places along the river to enjoy the weather.

As for fall and spring, I guess it would a healthy mix of everything I’ve mentioned.

Where would you like to travel in the next five years?

I hope that in the next five years I’d have to opportunity to go to Europe, not necessarily as a vacation but more of an excursion. I’d like to be able to spend good amounts of time in each of the places I visit and experience the most of what Europe has to offer.

LAW SCHOOL-THEMED CROSSWORD PUZZLE Émilie Weidl | 3L

Flip to page 19 for the solution to this crossword puzzle

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Vol 44 ● No 17

DISPLACEMENT IN SOMALIA Factors, Effects and Current Efforts

Andrea Vulinovic-Zlatan & Ruchama Botat | 2L

*Disclaimer: It is important to note that this blog was written at the end of 2022 and thus, the evolution of the humanitarian crisis in Somalia since then may not be accounted for in this piece.

and one of the main sources of livelihoods in the country.4 In 2013, it was estimated that 65% of the population made their earnings in pastoralism.5 This livelihood system is centered on rainfall and water sources,6 therefore the drought affected The humanitarian situation in Soma- the livelihood of the majority of the populia has led to the displacement of many lation. This resulted in the displacement Somalis. In this blog, we will explain of pastoralists and farmers, causing acute the many factors behind these displace- food insecurity for Somalis.7 Essenments and their effects on the popula- tially, the drought is not only impacting tion, as well as the current efforts and the livelihoods of these pastoralists, but initiatives employed to resolve the crisis. also food security throughout Somalia.

Factors of displacement Based on data collected from the Protection and Return Monitoring Network (PRMN), a UNHCR-led project mandated with the reporting of displacements, approximately 1,599,000 Somalis have been displaced so far in 2022.1 The main cause of this displacement is the drought in Somalia which was the result of four failed rainy seasons since January 2021.2 Given that a fifth failed rainy season is expected from October to December 2022, an increase in displaced Somalis is anticipated.3 However, there are other factors that exacerbate the negative consequences of the drought.

Another factor causing the displacement of Somalis is the political situation in the country. The most recent period of political instability has existed since 2020, although historically there have been many periods of instability in the last decades. Recently, the human rights violations carried out against citizens and journalists by government authorities, in the context of the ongoing drought, exacerbates the effects of this humanitarian crisis.8 It increases the needs of Somalis and causes additional displacement while “simultaneously impeding effective humanitarian operations and access to communities in need.”9 Essentially, 4

See Esther Schelling, Swiss Tropical &

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To begin, pastoralism is the “traditional Public Health Institute, “Enhanced enrolbasis for the rural economy in Somalia” ment of pastoralists in the implementation See “Somalia Internal Displacement” (2022), online: United Nations High Commissioner for Refugees <https://data.unhcr.org/en/dataviz/1 >.

2 See United Nations High Commissioner for Refugees Agency & Norwegian Refugee Council, Press Release, “One million people displaced by drought in Somalia” (11 August 2022), online: United Nations High Commissioner for Refugees < One million people displaced by drought in Somalia (unhcr.ca)>.

1

See UN Humanitarian,“Somalia: Hope fades as famine looms” (4 November 2022), online: United Nations Office for the Coordination of Humanitarian Affairs <https://unocha.exposure.co/somalia-hope-fades-as-famine-looms>.

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and evaluation of the UNICEF-FAO-WFP Resilience Strategy in Somalia” (2013) at 5, online (pdf): Unicef <https://www.unicef. org/esa/media/2236/file/UNICEF-2013-Sampling-mobile-pastoralists-Somalia.pdf> .

5 Ibid.

6 Ibid.

7 Supra note 3.

8 See Kenneth Roth, “Somalia: Events of 2021” (2021), online: Human Rights Watch <https://www.hrw.org/world-report/2022/country-chapters/somalia>.

9 See Norwegian Refugee Council, Press Release, “Somalia braces for record levels of displacement as drought takes hold” (21 April 2021) at para 18, online: United Nations Office for the Coordina-

the humanitarian response to this crisis is being stalled by attacks on aid workers and the humanitarian agencies’ lack of access due to arbitrary taxation and physical constraints by political factions.10 Effects of displacements All of these factors combined have led to the displacement of 1,599,000 Somalis, mostly within the country.11 Given the other factors affecting Somalia, settlements for internally displaced peoples, which were already at full capacity, are now saturated.12 In addition, at least 6.7 million Somalis are suffering from acute food insecurity.13 Given the growing numbers of people facing food insecurity, many adults and children are malnourished, and health centers have exceeded capacity. For example, it was reported that the Doolow Referral Health Centre in southern Somalia admitted 125 patients last August despite only having 14 beds and 6 staff members.14 This cramped living situation, coupled with poor sanitation and severe water shortages, has the potential to increase the prevalence of preventable illnesses, such as acute watery diarrhea and measles.15 In addition to food insecurity in Somalia caused by the drought, the situation in Ukraine has also had economic repercussions on the country. The drought in Somalia has decreased the value of tion of Humanitarian Affairs Services <https:// reliefweb.int/report/somalia/somalia-braces-record-levels-displacement-drought-takes-hold>.

10 Supra note 8.

11 Supra note 1.

12 Ibid.

13 Supra note 3.

14 Ibid.

See “About OCHA Somali” (2022), online: United Nations Office for the Coordination of Humanitarian Affairs <https://www. unocha.org/somalia/about-ocha-somalia>.

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services and goods sold to buy food (i.e. livestock or manual labor) while the Ukrainian situation has increased the price of oil and thus imported food as well. For example, Plumpy’Nut, a “highly nutritious food used by Unicef and other aid organizations to feed people—especially children—in emergency situations had more than doubled in price from $50 per 15kg to $130.”16 It is important to note that although this humanitarian crisis affects Somalia as a whole, 80 percent of the displaced peoples in Somalia are women and children.17 This reality is reflected in the statement of Plan International Somalia’s country director, Sadia Allin who explains that: “When the chips are down, it is always the girls who bear the brunt of the drought situation.”18 Women are often tasked with raising children on their own and are at risk for gender-based violence such as rape, sexual and domestic violence, and forced marriages.19 In situations of drought, these risk factors are heightened because they sleep in makeshift dwellings and must travel long distances to access water.20 Current efforts and initiatives After the drought emergency was declared in November of 2021, the Somalian government partnered with international humanitarian agencies to implement a response strategy.21 In Belinda Luscombe, “Somalia drought famine history” Time (October 2022) at para.11, online: <https://time.com/6219524/ somalia-drought-famine-history/>.

17 Supra note 3 at para 15.

18 See Plan International, “Policy Brief - A gendered impact of the hunger and drought crisis in the Horn of Africa” (18 October 2022) at 1, online: United Nations Office for the Coordination of Humanitarian Affairs Services <https://reliefweb.int/report/ethiopia/policy-brief-genderedimpact-hunger-and-drought-crisis-horn-africa>.

19 Supra note 3 at para 15.

20 Ibid.

21 See United Nations Office for the Coordination of Humanitarian Affairs, “Humanitarian Response Plan Somalia”(20 December 2021) at 6, online (pdf) : United Nations Office for the Coordination of Humanitarian Affairs Services <https://reliefweb.int/report/somalia/somalia-humanitarian-response-plan-2022-december-2021>.

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January 2022, the Somalia Humanitarian Response Plan (HRP) was initiated.22 The Humanitarian Country Team for Somalia (HCT), comprised of several UN agencies and national and international non-governmental representatives, is leading the coordination of humanitarian efforts.23 This initiative is comprised of 272 humanitarian organizations, providing essential assistance to meet food, water, and health needs.24 When the HRP was initially launched, 3.2 million people were estimated to be affected by the drought.25 By October 2022, this number had doubled to an estimate of over 7.8 million affected individuals.26 This drastic increase is also reflected in the number of displaced people, which has tripled within this timeframe.27 Consequently, the amount of funding required to combat the multi-faceted crisis has risen as well. Donor contributions have raised $1.06 billion in funding, although an additional $1.21 billion is needed to adequately address immediate needs, such as food assistance, healthcare, water, sanitation, and hygiene.28 This funding is also critical to support longterm resilience efforts, such as investments in education, livelihoods, infrastructure, and climate adaptation. This is particularly important given that Somalia

is “on the frontline of the global climate emergency.”29 The frequency of droughts is increasing, with projections of a fifth and sixth failed rainy season ahead.30 The Somalian government has also developed a National Durable Solutions Strategy,31 which highlights the importance of regional and global cooperation to advance long-term solutions. The government highlights a number of barriers to this process, including donor fatigue, lack of long-term funding, recurring crises, and lack of access to relief in large parts of Somalia.32 The latter is aggravated by the presence of non-state armed actors, which limit or restrict access to drought-affected areas. Due to this security threat, an estimated 900,000 people are largely out of reach.33 Logistical considerations are thus essential to support affected individuals. This involves, for example, developing safe access routes and adopting risk mitigation measures.34 To date, the HRP has provided some form of humanitarian assistance to 6.5 million Somalis.35 While this has helped affected individuals, additional support is required to prevent a further deterioration of the situation. There remain considerable funding gaps36 that need to be “Somalia: Drought Response and Famine Prevention (18-29 September 2022)[EN/AR/SO]” (4 October 2022), online: UN Office for the Coordination of Humanitarian Affairs <https://reliefweb. int/report/somalia/somalia-drought-response-andfamine-prevention-18-29-september-2022enarso>.

30 Ibid.

31 See “The National Durable Solutions Strategy (2020 – 2024)” (6 April 2021), online: UN Office for the Coordination of Humanitarian Affairs <https://reliefweb. int/report/somalia/national-durable-solutions-strategy-2020-2024>.

32 Ibid.

33 See “Drought Response Plan Somalia 2022” (17 December 2021) at 8, online (pdf): UN Office for the Coordination of Humanitarian Affairs <https://reliefweb. int/report/somalia/somalia-2022-drought-response-plan>.

34 Ibid at 12.

35 Supra note 14.

36 Supra note 32 at 13.

29

See “Somalia Humanitarian Situation Update: 2022 Humanitarian Response Plan Revised Requirements” (2022) at 1, online (pdf) : United Nations Office for the Coordination of Humanitarian Affairs <https://reliefweb.int/report/ somalia/somalia-humanitarian-situation-update-2022-humanitarian-response-plan-revised-requirements-24-october-2022>.

23 See “The Humanitarian Country Team for Somalia (HCT)” (last visited 10 November 2022), online: UN Humanitarian Coordination Structures <http://somaliangoconsortium.org/services/coordination/un-humanitarian-coordination-structures/>.

24 Supra note 20 at 90.

25 Supra note 21 at 1.

26 Ibid.

27 Ibid.

28 See “The Cost of Inaction” (October 2022) at 1, online (pdf): UN Office for the Coordination of Humanitarian Affairs <https://reliefweb.int/report/somalia/somalia-cost-inaction-october-2022-enar>.

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Vol 44 ● No 17 addressed to ensure that “life-saving assistance”37 is accessible in early 2023, given the persistence of drought in the region.

Despite the dire situation in Somalia, this humanitarian crisis has not gathered significant public attention. One reason for the lack of coverage is that this crisis is occurring at a similar time as other international conflicts such as the conflicts in Ukraine, Syria, Afghanistan, South Sudan as well as the 2021 earthquake in Haiti.38 In addition, the situation in Ukraine has garnered an abundance of international attention and 37 38

Supra note 21 at 2.

Supra note 15.

funding, as compared to other conflicts.

Overall, in order to increase aid budgets, Somalia needs a considerable amount of support from the general public.39 Conclusion The humanitarian crisis in Somalia is a complex and multifaceted issue. The drought emergency has had multiple devastating effects on Somalis by exacerbating famine, disease, as well as political and social instability. Climate change has had a recurring impact on the region, with an increased possibility of drought looming ahead. These factors have led to the 39

Ibid at para 12.

displacement of over 1.5 million Somalis,40 both within the country and outside of its borders. Humanitarian organizations have made efforts to provide assistance to affected individuals, although more is required to address both short-term fundamental needs and develop durable solutions for long-term resilience.

These initiatives will aid displaced individuals within Somalia as well as in the broader region of the Horn of Africa.

The views and opinions expressed on this blog are those of the authors and do not necessarily reflect the official policy or position of IRAP. 40

Supra note 1.

CHRISTIE BIKE RIDE RAISES $10K FOR THE MOBILE LEGAL CLINIC Christie Bike Ride Organizing Committee

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On Saturday, September 24th, 2022, McGill students, alumni, faculty members and friends spent the day cycling around Montreal to raise funds for access to justice as part of the 14th Annual Dugald Christie Bike Ride.

Since it was founded in 2009, The Christie Bike Ride has become an annual tradition at the McGill Faculty of Law. The event honours the legacy of Dugald Christie, best known for access to justice advocacy work, including launching a constitutional challenge against an imposed tax on legal services, limiting access to the courts for low-income individuals.

Christie was a long-time advocate for access to justice and dedicated much of his career to providing legal services to the most marginalized and least able to pay. Christie founded the Western Canada Society to Access Justice in 14

1990 and helped establish dozens of pro bono legal clinics in Western Canada.

As an avid cyclist, Christie embarked on a cross-country cycling trip in 2006 to raise awareness of the issues facing access to justice. He had with him a petition calling for reform of the justice system to protect access to legal assistance. Sadly, it was during this journey that he was struck by a vehicle and killed.

Before participants departed from the Faculty, the Honourable Alexander Pless – a long-time supporter of the event and Adjunct Professor at our Faculty – shared warm, welcoming remarks.

In highlighting the importance of Christie’s legacy, he recounted Christie’s story and reminded participants that access to justice is essential for the rule of law.

Each year, student organiz-

ers of the Christie Bike Ride choose a different access-tojustice organization as the Ride’s fundraising recipient.

The event’s beneficiary for the 14th Christie Bike Ride was the Mobile Legal Clinic (la clinique juridique itinérante).

We are proud to say the event raised $10,000 for the clinic, which promotes access to justice for people experiencing homelessness. Their marginalized clients are often helpless in the face of the complexity of the justice system. The clinic helps members of the homeless community through an array of services, including access to comprehensive legal information, referrals and accompaniment, as well as assistance in regularizing legal debts.

As well as hitting an impressive fundraising milestone, participants of the 14th Christie Bike Ride also enjoyed gorgeous weather

cycling the 35km and 50km routes. The event provided an informal opportunity for students, alumni, and faculty members to get to know each other. Participants also enjoyed lunch together along the St. Lawrence River thanks to generous support from the Alumni Student Engagement Fund.

The Christie Bike Ride was made possible by student organizers and the many event supporters who participated, helped with logistics, and fundraised! This annual tradition is close to the heart of many McGill Law students and alumni. We encourage all students, professors, and alumni to help us continue the Christie Bike Ride by joining us in September 2023!

We encourage anyone interested in helping organize the September 2023 ride to contact Cassandra Morris to learn more! See you next year!

MONTREAL-THEMED CROSSWORD PUZLE Alexia Armstrong | 2L

The answers will be in the next issue. Make sure to take a look!

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Vol 44 ● No 17

NAVIGATING TWO DISASTERS: CLIMATE CHANGE & THE TREATMENT OF MIGRANT WORKERS

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Janelle Deniset & Poonam Sandhu | IRAP McGill

The authors are Co-Directors of the McGill Chapter of the International Refugee Assistance Project (IRAP), a global legal and advocacy organisation working to create a world where refugees and all people seeking safety are empowered to claim their right to freedom of movement and a path to lasting refuge. They would like to acknowledge and thank the Alumni Student Engagement Fund for their contribution to ensuring that they were able to represent McGill at the IRAP summit.

that due to an increase in extreme weather related events, we’ve observed the emergence of large companies in the U.S. who specialise in disaster recovery. These companies have largely mobilized a labour force that is open to difficult work and instantly mobile. The majority of this labour force is comprised of immigrants, many undocumented. Several of the projects contracted by these companies were funded by the Federal Emergency Management Agency (FEMA).

In January, we travelled to New York to participate in IRAP’s annual student summit. This was the first time that the summit was hosted in person since before the pandemic and there was a lot of excitement to meet many people that our team had already built rapports with over Zoom.

In preparation for this piece, Stillman followed Resilience Force, a nonprofit advocating for disaster-restoration labourers, to more than twenty disaster recoveries following extreme weather events. She also interviewed over a hundred labourers and examined thousands of Department of Labor records and other reports.

The day was filled with interesting workshops and presentations, including a session on working with refugees and displaced persons, as well as a presentation from an IRAP client who was resettled in the U.S. A particular highlight of the day was the keynote remarks of Sarah Stillman, an award winning journalist for The New Yorker who writes about migration and displacement.

Stillman sees climate change as the root cause of displacement in most situations. Her piece The Migrant Workers Who Follow Climate Disasters, which she highlighted during her talk, does an exceptional job of using individual narratives to illustrate the twin issues of displacement as a result of natural disasters and labour exploitation of migrant workers in the U.S. In this piece, Stillman explains 16

Stillman’s findings reveal rampant abuse of labourers by their employers. This includes highly unsafe and, at times, life-threatening working conditions, threats of violence, harassment, and wage theft. In many cases, migrant workers were unable to report unsafe conditions and violations to authorities for fear of retaliation by their employers. For example, despite being unpaid for weeks or months at a time employers would simply threaten their workers instead of paying them by saying that they would have them deported by the U.S. Immigration and Customs Enforcement (ICE).

Sarah’s presentation served as a useful reminder for us to centre human dignity when reflecting on the types of narratives presented in her piece. The work conducted by migrant labourers

in these circumstances is absolutely essential to embark on the road to recovery following disasters. It stands to reason that, at the very least, migrant workers should be afforded basic protections and recourse against abuse.

RECAPPING “DANGEROUS GAMES: INTERNATIONAL LEGAL RESPONSES TO THE VIDEO GAME ERA” Inter Gentes Team

It goes without saying that ‘international video game law’ may seem like the title of the coolest law course ever — but it was also the subject of a fascinating talk delivered by Professor Jon Festinger (LLB, BCL ’80) on Monday, March 20th at the Faculty. Inter Gentes: The McGill Journal of International Law and Legal Pluralism is thankful for the funding it received from the Alumni Student Engagement Fund to host Professor Festinger.

For those who may have missed out, Professor Festinger’s talk centred on two significant questions: what can the study of video games tell us about the law, and what is currently happening in the world of video game jurisprudence?

Regarding the former, video games have effectively anticipated many of the current legal issues of the digital age, including those related to online abuse, user and creator rights, and freedom of expression – all of which are international in scope. In this sense, we might consider video games as predictors of the challenges the international community can expect in an increasingly digital world.

Regarding the latter question, Professor Festinger’s answer was equally expansive. He flagged ‘loot boxes’ (in-game rewards which can be won or purchased by the player) in video games and their impacts with regard to gambling laws, as well as the implications that come with the fact that children constitute a significant number of those who consent to game terms and conditions. Moreover, Professor Festinger highlighted that interactions which may not give rise to legal rights and obligations in the real world might do so in the metaverse, raising entirely new legal questions. He concluded on the need for an international agreement that touches on many (if not all) of these issues, especially as existing regulations vary across jurisdictions and new legal issues rapidly develop.

Alongside several touching anecdotes of his experiences at McGill Law, Professor Festinger also spoke to the popularity of video games and why they are an integral part of many people’s lives — including his own, particularly as a student.

Video games foster community-building and empower individuals as ‘controllers,’ rendering gamers world shapers and world makers in previously unimaginable ways. However, it would be naïve to view such control as absolute — a sobering reminder from Professor Festinger — particularly

as academics and lawmakers alike turn their attention to the importance of legislating the myriad of risks and benefits that the “dangerous” world of video gaming poses.

For those interested in learning more about this topic, lectures and other materials from Professor Festinger’s fall 2022 Video Game Law course taught at the University of British Columbia’s Allard School of Law can be accessed at: https://videogamelaw.allard.ubc.ca/course-video-notes/.

Get to know Professor Festinger!* 1. What is your most cherished law school memory? The time I spent working in the McGill Legal Aid Clinic. That was where I fell in love with the law and glimpsed, however haltingly, that I might become decent at it.

2. What kind of lawyer did you think you would be in 1L? I wanted to become a legal anthropologist, not necessarily a lawyer. See the answer to question 1 regarding what changed.

3. What was your favourite class that you took in law school? Criminal Law with the late Harvey Yarosky. An incredible teacher.

4. What is your favourite video game? Of all time, it would be “Grand Prix Legends,” which was released in 1998 and was a simulation of the 1967 Formula 1 season.

5. What is your go-to desk snack while working?

Oranges.

6. What is a video game that you would recommend to someone who wants to start playing video games? There is no one game because there are so many genres of games. So whatever interests you, there will be a related game, and that’s what you should try. For law students who don’t want to wander too far afield, try any games in the “Phoenix Wright, Ace Attorney” series. *responses edited for length 17

Vol 44 ● No 17

BLAST FROM THE PAST

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We hope that these comfort recipes from 2007 keep you full this exam season

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LAW SCHOOL-THEMED CROSSWORD PUZZLE SOLUTION Émilie Weidl | 3L

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Vol 44 ● No 17

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Vol 44 ● No 17

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