QUID NOVI
Vol 44 No 08 29 Nov 2022
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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 Zack Goobie ART DIRECTOR DIRECTRICE ARTISTIQUE Hanna Rioseco LAYOUT EDITOR ÉDITRICE DE MISE EN PAGE Souang Wu COPY EDITORS SECRÉTAIRES DE RÉDACTION Nathan Leung Muna Tojiboeva COLOUMNISTS CHRONIQUEURES ET CHRONIQUEUSES Ali Hachem Nicolas Kamran Sofia Watt Sjostrom CONTRIBUTORS TO THIS ISSUE COLLABORATEURS ET COLLABORATRICES Anonymous Jessie Khalil Laurent Ruffo-Caracchini Weeam Ben Rejeb 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 ©2022 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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1 QUID NOVI
CETTE SEMAINE...
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Vol 44 No 08 29 Nov 2022
INSIGHTS
COMMUNAUTÉ
EVENTS
4 | NOVEMBER
2 | LETTRE DE L’ÉDITEUR
8 | THE RENAISSANCE OF
5 | MORE THAN A TOPIC OF
2 | FROM THE GELBER McGilll’s First Faculty Union and Labour Law Resources
15 | KARAOKE COFFEHOUSE The Last Coffeehouse of 2022!
Some Vaguely Hopeful Thoughts DISCUSSION
6 | FELA KUTI The Musician, the Revolutionary 10 | 5 TIPS FOR 1LS Exam Edition 12 | PROFESSOR’S ADVICE 15 | O DEAR COFFEEHOUSE
Quelle session inoubliable pour le Quid
SKIT NITE Skit Nite Returns on March 15, 2023
9 | BILINGUISME EN FACULTÉ The Official Languages Committee’s Annual Linguistic Census Beckons 9 | 10 FUN FACTS ABOUT MCGILL
13 | MISTY FOR YOU: WITH LOVE FROM PANAMA Law School Advice You Can Count On 14 | BLAST FROM THE PAST 15 | MEET THE TEAM Nathan Leung, Copy Editor 16 | FAREWELL
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Vol 44 ● No 08
LETTRE DE L’ÉDITEUR Quelle session inoubliable pour le Quid Zack Goobie | 3L
Nous sommes déjà rendus à la dernière édition du Quid du semestre d’automne. Après plus de deux ans où le journal se trouvait uniquement en ligne, je suis si fier de voir des étudiants avec leur copie papier en main. Je suis impliqué dans le journalisme étudiant depuis ma première année de mon baccalauréat, mais cette année est tellement différente. Comme Ella Johnson a écrit dans le Quid il y a deux semaines, la vie étudiante a beaucoup changé cette session. Avec des événements en présentiel, le corps étudiant a plus à dire au sujet des activités qui se passent à la Faculté. Depuis le début d’août, Anna McAllister et moi-même avons travaillé pour recréer le Quid en format papier. Cela aurait été facile d’abandonner les copies physiques pour le numérique, mais nous sommes déjà trop collés à nos écrans. Je me souviens encore de l’année Zoom où les portes de la Faculté étaient verrouillées, et je crois fermement que nous devrions abandonner certaines pratiques que nous avons développées pendant la pandémie. Après avoir soigneusement écrit un article, il est beaucoup plus plaisant de voir son nom attribué à un texte papier que de le voir apparaître sur un écran. Nous imprimons actuellement 50 copies par semaine pour les déposer dans l’Atrium et nous sommes reconnaissants de l’aide de Luther Mourinet et de l’AÉD afin de financer ce journal. Surtout que le financement des journaux étudiants est loin d’être
assuré, comme nous l'avons vu avec Le Délit. Je crois fermement à l’échange des idées; le Quid est une institution qui souhaite protéger la liberté de parole tout en respectant les différences d’opinions. Ce semestre, nous avons vu des débats sur des thèmes pointus (comme le financement de la police). J’ai été impressionné par les arguments qui critiquaient des points de vue tout en évitant des attaques personnelles. J’espère que nous allons revoir des débats dans les pages de notre journal. Comme je dis souvent à mes collègues qui se posent des questions sur le fonctionnement du journal, le Quid peut être ce que les étudiants souhaitent qu'il soit. À la demande étudiante, cette session, nous avons commencé à publier des memes. De plus, nous continuons à feuilleter des vieilles éditions afin de reproduire les meilleurs passages. Comme j’ai dit à plusieurs reprises, sentez-vous à l’aise de communiquer vos idées à l’équipe du Quid, parce que nous voulons tous produire un journal divertissant et informatif pour les McGillois et McGilloises. En conclusion, je veux remercier nos lecteurs et toute l’équipe du Quid, parce que sans vous, nous ne pourrions pas avoir ce journal que j’aime tant. Un grand merci à notre directrice artistique, Hanna Rioseco, qui gradue ce semestre et a contribué énormément à chaque édition.
FROM THE GELBER McGill’s First Faculty Union and Labour Law Resources
QUID NOVI • 29 NOV 2020
Allison J. Bender| 2L
Hello McGill Law students! Though the saying “May you live in interesting times” is commonly understood as a tongue-in-cheek curse, there is some benefit to living on the edge – getting to see what happens next! Continuing our collective trend of attending McGill Law in interesting times, as of November 7th, the Faculty of Law has achieved something never before seen at McGill – the Association of McGill Professors of Law / Association Mcgillienne de professeur.e.s de droit (AMPL/ AMPD) has officially been certified as a faculty union! McGill’s First Faculty Union In its historic ruling, the Tribunal administratif du travail (TAT) ruled that the AMPL/AMPD qualifies as a distinct 2
bargaining unit and certified it as McGill’s first faculty union. The Fédération québécoise des professeures et professeurs d’université has described this as a major victory in both a concrete and symbolic sense, as this is the first time that any McGill professors have successfully unionized, despite various attempts dating back to the 1970s. The Faculty of Law’s drive to unionize began with discontent with decisions made by McGill administration dating as far back as 2009, and the lack of consultation with professors in these decisions. In response, tenured and tenure-track law professors determined both that they wanted more control over workplace negotiations and that the best way to do so was to seek a collective agreement. Collective agreements result from collective bargaining between a union and the
employer and can result in stronger protections and better representation for employees during the negotiation process than is available through 1-on-1 bargaining. However, AMPL/AMPD’s plans were met with some resistance from McGill – they filed their application in November 2021, but McGill decided to pursue litigation almost immediately after, prolonging the debate for another year. McGill argued that the proper bargaining unit for a professor’s union would include all tenured and tenure-track professors at the university, raising the threshold significantly for union formation and making it much more difficult to successfully establish a certified union. The Tribunal ultimately decided that as there is no existing professor’s union at McGill, there was no reason that this association could not serve as the basis for establishing collective labour relations. Labour Law: Resources, Materials, and More This case may be the first time some of you have been exposed to or become interested in Labour Law. That being the case, let’s explore some of the many legal resources you have access to through the Nahum Gelber Law Library, with an emphasis on those relating to Labour Law. To get a comprehensive look at the subject, an excellent place to start is with Irwin Law’s “Labour and Employment Law: Cases, Materials, and Commentary.” Accessing this is the same as accessing any Irwin Law title you might be interested in. First, log on to CAIJ, and access the “Bases de données” tab. Scrolling down, you’ll find VLex, which in addition to being our access to Irwin Law collections, is an excellent way to search for country or region-specific legal resources. Simply by typing “Labour Law” into the Search bar, the suggestion for this book will come up! This same search can be done with a variety of legal topics – the Irwin Books are a treasure trove for introductory research. Though Elgar Online doesn’t have an Advanced Introduction to Labour Law, you can still access some relevant titles through its website. From the “E-book collections” tab on the Library’s Law Subject guide, you can access ElgarOnline for such titles as “Comparative Labor Law,” the “Research Handbook on Transnational Labour Law,” and more!
For a different perspective, if you access WestLaw’s Legal Topics page, you can get a comprehensive look at many fields of study – including Labour Law! Whether you narrow down your search to a particular subheading or look at the entirety of the resources at once, you’ll be able to look at past Cases and Decisions, entries from the Canadian Encyclopedic Digest, Legal Memos, and more. WestLaw has more to offer still – accessing LabourSource from the righthand side of the page offers a wide variety of links to look more closely into labour topics, including suggestions for labour-adjacent materials that may nonetheless be useful in your research. For those of you currently working in legal fields – labour or otherwise – the utility of this next resource cannot be undersold. Yes, WestLaw’s “Practical Law’ tab has the nittygritty real-world knowledge you may be looking for! By clicking on the arrow next to the WestLaw logo from the main page, you’ll be given the option to access the Practical Law section. One of the areas of practice this database specializes in is Employment Law. For those particularly interested in AMPL’s certification process, there is a Q&A on the Labour Certification process in Quebec. Finally, we turn to the most basic reference tool available to law students: the library collections themselves! Our collections contain materials on a variety of labour topics, some written by our faculty themselves. Whatever your interest in labour law and whatever field of law it may intersect with, there is a book, article, or journal out there for you – and the library catalogue is a great place to start. Brush up on your Boolean operators, ask a Reference Librarian for assistance, or dive right in! If this whole affair has sparked your interest in labour law, unions, and bargaining rights, there are ways to get involved with these issues as a student. The sky is the limit: you can get involved with your union, join labour rights movements, take courses concerning labour/employment law, or write a term paper on a labour related subject. One of the best parts of law school is the wide variety of educational experiences available to you. Whatever way you intend to go about your learning, the Gelber is here to help!
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Vol 44 ● No 08
NOVEMBER Some Vaguely Hopeful Thoughts? Sofia Watt Sjöström | 2L
It’s November. I wrote out a philosophical article this week but decided to listen to my heart and save that for next semester. I do not even feel like reading that right now. I will instead just talk about the trials and tribulations associated with November, because I think most of us are facing two looming challenges right now: (1) imminent exams and (2) already-upon-us winter. Since I can’t change either of them, I thought I’d try to give things a vaguely hopeful spin.
QUID NOVI • 29 NOV 2020
(1) Imminent Exams I’m not totally sure what to say, so I’ll keep it brief: This too shall pass. These words of wisdom have offered me a lot of solace in recent months for other reasons, and I think they are equally applicable now. If you know the story behind this expression, it makes sense: they were meant to be an absolute truth, applicable to every circumstance. You’ll make it through the bad parts of life; but don’t forget to hold onto the good ones—because everything, whether good or bad, is fleeting and finite. Anyway. This is just a thought, but if you’re a 1L entering your first exam season, it might help to think of this as an opportunity to learn. Last year, I felt pretty rotten after I got my first-semester grades back. But I’m pretty certain that no additional work or stress in advance would have fixed that. I simply needed to get through that first round of 4
fact patterns, to understand what was expected of me. Now that I, ahem, understand that so well…
every meal. Swedes also decorate their balconies with a lot of fairy lights.
(2) Already-Upon-Us Winter The past few winters in particular have felt extremely bleak for me, so I was really dreading this one. Unexpectedly, the first snowfall felt like a pleasant surprise—a reminder of the simple joy of watching snow fall in big fluffy clusters and accumulate, full of air, in white hills on the ground. The beginning of every winter brings me back to the first winter I spent in Montreal. As a nine-year-old who had only known centimetres’ worth of snow, I was utterly thrilled. I can still feel that magic when I open the curtains—the gasped “Look! It’s snowing!” Unfortunately, it’s not easy to hold onto the love of snow all winter long. January, February and March are quite despicable months. Nevertheless, in an effort to stay optimistic, I would like to consider some wintry perks that can possibly help get us through this dark, dreary abyss: a.
Light
When I lived in Sweden, my family consumed candlewax at an alarming rate. Given the relative absence of natural light in the winter there, it was simply necessary to have flickering tealights at
Fairy lights and my cat, Noora
b. Warmth
before Christmas, in honour of an Italian Saint, Saint Lucia… Children dress up in white robes, adorned with various items such as tinsel, candles and ribbons. They form a train, traditionally bringing baked goods to their elders, and singing peculiar songs. The baked goods we eat on Lucia are fantastic. My favourite baked good—ever—is the Lussekatt, a yellow saffron bread. My winter culture is a bit particular, but I think singing and eating get many of us through these dark months. I only wish we could sing and eat more after December is over…
A good friend of mine recently told me that she takes a hot bath every evening in the winter, and I found this inspiring. Unfortunately, my bath doesn’t have a plug. For now, I enjoy hot showers and working whilst enveloped in blankets. I also drink a lot of hot tea. c. Culture? I recently started reading a novel. Every time I do this, I remember how good it is for my mental health. Despite the fact that I don’t have time for it, I want to try to read more.
Lussekatter baking in the oven
Swedish culture also gets me through December. I love Swedish Christmas traditions, so I will briefly share some. In Sweden, people celebrate intensely on Lucia, a day over a week
~ Well, it’s the end of November. The road ahead looks a bit rough—but we’ll get through this, and there are good things to savor along the way.
MORE THAN A TOPIC OF DISCUSSION Weeam Ben Rejeb | 2L
Listening to the lawyers plead for and against Bill 21 was a painful experience. Over the last two weeks, the appeal against Bill 21 was heard in the imposing Salle Lafontaine at the Quebec Court of Appeal. Seventeen parties presented their arguments over five days on the legitimate use of the notwithstanding clause, the potential infringement of s. 28 of the Charter, and the role of the judiciary in displacing legislative intent. When I walked into the courtroom for the first time, I felt a knot in my stomach. The same knot I felt in my 1L constitutional law class and countless sociology, philosophy, and political science classes during my undergrad. The same knot I feel every time I know I will be reduced to a topic of discussion. Listening to one’s agency, identity, and place in society constantly questioned and debated is something I will never get used to. It is a deeply alienating experience that perpetuates feelings of othering and exclusion, especially within our own society. The appeal also brought up a lot of anxieties about the law and our institutions. A while ago, I saw a tweet on the Law School Memes Facebook page that said “Being a lawyer is so embarrassing. Letting the whole world know you believe in our institutions at some level lol”. Initially, that made me laugh. Quickly after though, it made me question what my role was going to be as a jurist in this society. When I was hearing the appeal, the meme came to mind as I was pondering how I’m supposed to trust that a panel of three Quebecois white judges with radically different lived experiences can fully grasp the intimate and complex implications this law has on myself, and other affected minorities. Some questions by the judges displayed a complete lack of awareness (or sensitivity) for concepts like intersectionality, substantive equality, and freedom of choice. For example, Justice Bich asked “if it was possible those [Muslim] women were being discriminated against simply because of their religion and not because of their gender?” 1 There was also clear ignorant orientalist rhetoric of the hijab as a symbol of oppression by some intervenors, including (ironically) the group Pour les Droits des Femmes du Quebec which argued that gender equality is strengthened by the bill because religious symbols represent patriarchy and are therefore anti-equality. The https://www.cbc.ca/news/canada/montreal/quebec-court-of-appeal-to-evaluate-whether-secularism-law-unfairly-targets-muslim-women-1.6653458
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judges did not question the lawyer on this statement. The issue of equality is in fact key for the appeal because s. 28 is excluded from the notwithstanding clause. During the last days of the hearing, it became clear that the judges’ main concerns are how Bill 21 may infringe on equality rights. Despite evidence that only Muslim women have been fired from their jobs because of this law,2 the judges struggled to understand its gendered discriminatory effects since the law formally applies to everyone. Which side the court is convinced by is still unclear, but the line of questioning signalled a clear deficiency in the court’s reasoning. Even as more progressive theories of equality and agency develop in academia, they don't necessarily translate into our legal system. It is impossible to be convinced by the argument that Bill 21 is gendered discrimination without an understanding of intersectionality, substantive equality, and discourses of orientalism, among others. Legal arguments are constrained by judges’ own worldviews and understandings. For the court, it is not enough that our choices be respected, they must also be understood (and accepted!) within their own worldview. If it isn’t clear enough, nobody should dictate how a woman (or anyone) chooses to dress, or not to dress, anywhere, anytime. Our agency is not a topic of discussion. When we talk about diversity and inclusion, we rarely talk about the experience of being talked about, and how it is experienced as a form of violence for many racialized people. Being discussed is a uniquely isolating and dehumanizing experience. This was especially intensified while sitting in Salle Lafontaine, in the midst of judges and lawyers, talking about us as if we weren’t even there. Unfortunately, the classroom is also a place where this is felt most acutely, where we are expected to listen to our peers and professors question our identity under the guise of academic freedom and intellectual curiosity. I want to conclude with a show of gratitude for the amazing community that came together as we continue to navigate these difficult times. I am grateful to all of my peers that showed up at the courtroom on that very first morning, attended the hearing wearing their “Non Loi 21” buttons, held up banners and stood in solidarity with us. We are more than just a topic of discussion. 2 https://www.cbc.ca/news/canada/montreal/muslim-women-most-affected-by-quebec-s-secularism-law-court-of-appeal-hears-1.6644377
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Vol 44 ● No 08
FELA KUTI The Musician, the Revolutionary Ali Hachem | 3L
Introduction: In 2013, I was in music class when my teacher asked me to make a presentation on Fela Kuti, the father of Afrobeat. At the time I knew what Afrobeat was, but I had never heard about him. Afrobeat is HUGE throughout Africa, we would listen and dance to music made by Afrobeat artists like Davido, P-Square, or Wizkid. But I was unaware of the roots of this genre and the incredible life and philosophy of its founder Fela Aníkúlápó Kuti. This article is meant to be an introduction to Fela’s music and political commitment. Biography:
QUID NOVI • 29 NOV 2020
Olufela Olusegun Oludotun Ransome-Kuti was born on October 15th, 1938, in Abeokuta, in the British Colony of Nigeria in a Yoruba upper-middle class family. 1 His father Reverend Israel Oludotun Ransome-Kuti, was an Anglican minister and the president of the Nigeria Union of Teachers. He played a central role in designing the school curriculum in English-speaking Africa. 2 His mother Chief Funmilayo Ransome-Kuti was an anti-colonial and feminist activist. She was a friend of Kwame Nkrumah, the first Ghanian president, and father of Pan-Africanism, she received the 1970 Lenin Peace Prize. 3 In his youth, Fela attended the Abeokuta Grammar School where he was leading his church choir and learned to play the piano. 4 In 1958, Fela was sent to London where he studied music at the Trinity College of Music, his preferred instrument was the trumpet. While in England he formed his first band the Koola Lobitos who played a mix of High-Life (a popular Ghanaian genre of music) and Jazz. 5
Wikipedia “Fela Kuti”, online: Wikipedia: < https://en.wikipedia. org/wiki/Fela_Kuti> 2 Alex Gibney, “Finding Fela!”, online (video): <http://findingfela.com/> 3 Randall F. Grass, “Fela Anikulapo-Kuti: The Art of an Afrobeat Rebel” (1986) 30:1 The Drama Review at 134 4 Alex Gibney, “Finding Fela!”, online (video): <http://findingfela.com/> 1
Randall F. Grass, “Fela Anikulapo-Kuti: The Art of an Afrobeat Rebel” (1986) 30:1 The Drama Review at 134.
In 1963, after independence, he moved back to Nigeria where he reformed his band, without success. The 60s were a period of great upheaval in Nigeria. 6 The discovery of oil in the Eastern part of the country allowed members of the small political class to become very rich, very quickly. Lagos, the capital at the time, moved from a small colonial outpost into a huge megalopolis. Its growth was fueled by waves of Nigerian peasants crowding the shantytowns surrounding the city. Fela’s performances during the sixties were quite unpopular “except with a small group of would-be hipsters.” 7 In 1969, Fela and his band would spend ten months in Los-Angeles. 8 This travel would have a significant impact on his philosophy and music. While in LA he met Sandra Isidore his future lover and political mentor who introduced Felas to Black Nationalism. The autobiography of Malcolm X convinced him to re-claim and explore his African identity and heritage. In 1970, Fela came back to Lagos with a mission. He had to use his music to raise awareness among the public about Pan-Africanism. To reflect his Pan-Africanist struggle on his music he renamed the Koola Lobitos into Africa ‘70. He also changed his name from Ransome-Kuti to Fela Aníkúlápó Kuti or “He who cannot be killed by a man because he carries death in his pouch.” Finally, he converted to the Yoruba traditional faith perceiving both Islam and Christianity as tools of colonization. What is Afrobeat? Afrobeat can be described as fusion between Western and African music. It is a mix of Jazz, American soul à la James Brown, highlife, traditional rhythms and chanted declamatory vocals. 9 Fela’s song used a wide variety of instruments from conga drummers all the way to electric synthesizers creating a unique mix of African and Western influence. Most of Fela’s music tracks could easily last more than 10 Ibid. Ibid. 8 Ibid. 6 7
5
6
9
Ibid at 135.
minutes. He would often sing accompanied with a chorus repeating one sentence, mimicking traditional Yoruba polyphony. His song would be interspersed with trumpet and saxophone solos. Fela considered music to be “an integral [part] of both ordinary and extraordinary human activities” this was reflected by the themes and topics that he addressed in his songs. Fela started writing in Yoruba, but he quickly switched to Pidgin English. 10 Pidgin is the lingua franca of Nigeria, understood everywhere in the country. This shows the willingness of the singer to address himself to the whole country rather than his own ethnic group – demonstrating his commitment to Pan-Africanism, and overcoming the ethnic cleavages. Fela’s songs were highly political and addressed various topics such as: “economic empowerment ("Buy Africa"), corruption ("I.T.T., International Thief Thief"), colonial mentality ("Yellow Fever," "Johnny Just Drop," "Gentleman"), urban chaos ("Go Slow," "Upside Down"), and police brutality ("Expensive Shit," "Trouble Sleep, Yanga Go Wake Am").” 11 Contrary to many singers at the time Fela published the lyrics of his songs on his album sleeves. 12 His album cover served as pamphlet describing the injustice of everyday life in Nigeria and castigating the Military Junta and its corruption. In a nutshell, Fela Kuti became the spokesperson of the disenfranchised and the leftist Pan-African intellectuals. During the 1970s Fela performed most of his songs in his own club called The Shrine. 13 However, The Shrine was more than a club, it became the rallying point of Pan-Africanist intellectuals and the Nigerian youth. Every Friday was “Abis night” during which Fela would interact with the crowd and react to the news, and sharing his Pan-Africanist ideas with the public. 14 His political struggle: In 1970 after coming back from America he declared the independence of his compound from Nigeria forming his own commune that he called Kalakuta Republic. 15 This move was a direct challenge to the military rule of Olusegun Obasanjo who had taken Ibid. Ibid at 139. 12 Ibid at 136. 13 Ibid at 137. 14 Alex Gibney, “Finding Fela!”, online (video): <http://findingfela.com/>
power in Nigeria after the Biafra War. Fela effectively created a liberated zone from the military power where he could create a new society based on Pan-Africanism principles and his perception of traditional African values. This was a bold move to do in the political context of Nigeria as the country was coming out of a vicious civil war provoked by the secession of the Igbo region which lead to more than 2 million casualties. Quickly, Kalakuta became the refuge of society’s dropouts. Fela hired hundreds of people taking them out of the streets. Nevertheless, tension started to rise between “Fela’s boys” as they began brawling with the police and getting in trouble for hemp smoking, which was legal in Kalakuta, but illegal in Nigeria. Tensions would culminate in 1977 when an “unknown” squadron of soldiers would be sent to Kalakuta. The soldiers would arrest Fela while destroying his compound and defenestrating his mom leading to her death a few months after the attack. After her death Fela would drop her coffin in front of Obasanjo’s barracks as an ultimate sign of defiance to his military rule. Fela would release “Coffin for Head of State” commemorating this incident. Kalakuta Republic is just one example showing the willingness of Fela to take bold political actions to put in practice his political ideals; even if he had to put his life on the line to fulfill his objectives.
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15 Randall F. Grass, “Fela Anikulapo-Kuti: The Art of an Afrobeat Rebel” (1986) 30:1 The Drama Review at 139.
Conclusion: This paper is merely an introduction to Fela’s music and political action. Many more pages could have been written on the topic, but I hope that my modest work will introduce the figure of Fela to the Quid readers! 7
Vol 44 ● No 08
THE RENAISSANCE OF SKIT NITE Matthew Boulden, 2L | Justine Blanchette-Sirois, 3L
QUID NOVI • 29 NOV 2020
At the onset of the pandemic, McGill Law’s student life suffered from an immediate set-back, erasing decades of student contributions and long-lasting traditions. Over these past couple of socially-distanced academic years, consecutive entering cohorts have had no knowledge of the before-times. Instead, the long-standing legacies that notoriously brought McGill Law students together became mere memories kept alive only in the stories told by the guardians of institutional memory (otherwise known as the 4Ls). This year, it has been bestowed upon us (albeit, through democratic acclaim and constitutional duty) to resuscitate some of these staple McGill Law traditions. One that we are particularly excited to share with you is Skit Nite! Now, many of you reading this column may have no idea what Skit Nite is, and we can’t blame you - we didn’t either. Since Skit Nite 2020 was cancelled the same week it should’ve taken place - due to reasons we shall not name as not to jinx its return. The last cohorts to ever see a Skit Nite in person have all graduated, taking with them all the Skit Nite memories. Do not fear! Though we have never seen a Skit Nite with our own eyes, 8
we have scoured the archives of the LSA and the internet to bring it back in all of its former glory. Since no current McGill Law students have ever seen a Skit Nite, let us explain, as best we can, what it is. Skit Nite is a talent show for all McGill Law students, professors, and faculty staff to come together at the end of a jam-packed year to share talents and poke fun at the secluded lives we live, at the top of Peel. The event is hosted at a theater to hold a large audience of former and current McGill Law students. Proceeds are raised by ticket sales for Skit Nite and are then donated to a local Montreal charity. Throughout the night, a group of animateurs (or hosts) perform fun skits to transition in-between acts. As Skit Nite is one of McGill Law’s longest standing traditions, it is remembered fondly by just about every alumnus who has passed through these halls. As we revive this tradition after a 4-year hiatus, we turn to you, McGill Law students. In the new semester, we’d like to invite you to contribute your talents to make this special night even more spectacular. We’d love to see you sing a law school-themed parody song, perform a stand-up
comedy act, play a musical instrument, or any other interesting talent your heart desires to share with our amazing community. Skit Nite was what it was because of students just like you; so spread the word, tell your friends and their dogs to buy tickets, and/or sign-up to be a part of the show. We’ve already been hard at work to make the return of Skite Nite one to remember. Six hilarious and talented students, across all cohorts, have been selected through auditions to be the animateurs. They include Pablo Mhanna-Sandoval (1L), Marielle McCrum (1L) Carolina Muñoz (2L), Ali Hachem (3L), Rayan Tibiche Dahhmoune (3L), and Nick Doiron (4L). We also cannot go without shouting out our formidable creative director, Léonie Bourdeau (4L), in her glorious return to Skit Nite after what could’ve been of Skit Nite 2020. This group of fantastic, beautiful, talented, smart, punctual, brilliant, and funny people will be working very hard to put on an incredible night and pulling off the enormous task of bringing Skit Nite back to life. McGill Law, mark your calendars for March 15th, 2023, because the renaissance of Skit Nite is finally here.
BILINGUISME EN FACULTÉ The Official Languages Committee’s Annual Linguistic Census Beckons! Laurent Ruffo-Caracchini | 1L
In any action-oriented piece, it’s best to get the ask out of the way quickly. We, the LSA’s Official Languages Committee, need five minutes of your time. We need a fair sample, which means that regardless of how important linguistic questions are to you, your answers are important. Le sondage est anonyme mais, si vous choisissez de partager votre adresse courriel avec nous, vous pourriez courir la chance de gagner une carte cadeau de Thomson House d’une valeur de 20$! Here is the survey, it won’t take long. Thank you, merci Deux mots de plus / Two More Words: L’histoire du bilinguisme à la faculté de droit de McGill a vécu des moments quelque peu mouvementés, voire difficiles. De là la naissance du Comité des langues officielles de l’AÉD. Aujourd’hui, nous nous portons responsables de la révision de la politique linguistique de la faculté, ainsi que de l’usage de l’anglais et du français par l’AÉD et dans la faculté en général. L’objectif du sondage, qui en est à sa deuxième édition dans ce format, est de décrire la situation linguistique à la faculté de droit à partir du plus grand nombre possible de réponses afin de mieux orienter nos positions futures sur divers enjeux, dont celui de l’offre de cours et celui des paramètres linguistiques des examens. Depuis le sondage précédent, certains des points soulevés par les étudiants, et rapportés au conseil de faculté ont vu un progrès mitigé. Nous déplorons cependant des déclins, notamment au sujet de l’offre de cours en français, qui est passée de 15% à 13%. Nous chercherons à approfondir cette question dans notre sondage. The results of this new survey will be important in guiding our future work and advocacy within the Faculty. Our report and the ensuing comparative analysis will be forthcoming in the new year. In the meantime, please take a moment to think about one thing you could do to practice your second language. Who knows, with the holidays approaching, you could even make it a New Year’s resolution! Remember: while McGill’s bilingualism is our collective treasure, ensuring its flourishment is our collective responsibility. Everyone, faculty or student, must do their part.
10 FUN FACTS ABOUT MCGILL Jessie Khalil | 2L
As law students, we tend to remain in the comfort of Chancellor Day Hall (because climbing up Peel should remain a once-a-day activity!), and therefore, rarely explore McGill’s lower campus. Covid, online classes, and the Canadian weather are good excuses to justify our stability in our cozy faculty. However, the rest of campus has lots of typical McGill experiences to offer. In an effort to maintain and share McGill’s Institutional memory, here are 10 fun facts about our school: 1. McGill has tunnels, so you can actually walk underground between a lot of buildings, especially on lower campus. 2. Qui dit tunnel, dit rats. Yes, McGill is also famous for its rats. I personally spotted one running behind a Prof. in the Leacock auditorium. But I would like to think that Chancellor Day Hall does not welcome rats. 3. The hot-dog guy on the Y-intersection of lower-campus is a landmark. Nicest person you’ll ever meet (bonus point if he calls you “my friend”). 4. Squirrels of McGill are famous on Facebook (yes, it’s a real thing). 5. Frostbite, the ice-cream store in the Engineering building, will give you free ice cream if you fail an exam (some conditions apply!). Though I don’t know how the B curve factors in… 6. You can visit the Redpath museum for free! 7. McGill Athletics often does discounts on clothing. You can get McGill hoodies and sweatpants for wayyy less money. 8. McLennan and Redpath libraries are a rite of passage for any McGillian (undergrads, at least). You will probably not get much work done in Redpath and may be invited to a random party. 9. The only perk that science students get is free printing (1000 pages a year). So you know who to befriend if you want to print that coursepack! 10. You can attend free music concerts (orchestras for example, not Drake!) presented at McGill through the music faculty. Hope this incites you to explore more of the McGill campus. For the time being, let’s be grateful for having all our classes and library in the same building and for being a few steps away from Thomson House!
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Vol 44 ● No 08
5 TIPS FOR 1LS Exam Edition
Nicolas Kamran | 3L
Dear 1Ls, My warm congratulations on reaching the end of your first law school term. It is a considerable achievement to have learned so much in such a short period of time, regardless of whether you have kept up with your readings. Without inviting complacency, I would encourage you to reflect on just how far you have come. Though upper-year students, professors, and many others have likely provided you with much of this advice already, I wanted to use this informal medium to offer you some thoughts on how to best approach your fall 1L exams. Some points apply more generally to law school, while others are limited to your present context. Many of these points I have already reiterated in previous Quid articles. Hopefully, all may be of use to you.
QUID NOVI • 29 NOV 2020
1 – The purpose of an outline Every law student seems to have their own philosophy on outlining, and there is an extent to which it must be so: you must find what works best for you. With that said, I want to draw some attention to an under-discussed distinction. Namely, the difference between a reading summary and an outline. A summary consists of a student’s notes on assigned readings. Such documents often extract passages representing key arguments, facts, or other perspectives. The purpose of a reading summary is to help students revise class material without having to re-read every single assigned case or doctrinal piece— they are a condensed compilation of everything learned within a course. Depending on the course, summaries usually total between sixty and eighty pages. An outline, by contrast, should be geared towards evaluation. You typically build an outline out of a summary. Where a reading summary may contain passages explaining the judicial reasoning behind a decision, the outline may just contain the rule emerging from the case. Each doctrinal piece you read will be reduced to a few key sentences containing the essence of what was argued. You will simply not have the time to leaf through your reading summary during an exam—but your outline will be an indispensable tool. In my experience, outlines range between 15 and 20 pages. A quick note on timing: though I would strongly encourage students to progressively consolidate their reading 10
summaries, preparing an outline closer to the exam period may be beneficial. I have found that core concepts from a course tend to emerge more clearly towards the end of classes, and this developed perspective helps focus an outline to the most crucial elements for an examination. 2 – Preparing the specifics
Photo by Siora Photography on Unsplash
There are specific things that you will almost certainly need to do in your forthcoming exams, and you should prepare for them. Here are some examples you may find helpful: • When examining criminal liability in your Criminal Justice exam, you will probably need to provide definitions for an actus reus and different mens rea standards. Prepare these definitions in advance. • In your contracts exam, you will almost certainly need to spot issues related to offer, acceptance, and consideration. Identify the rules for these issues in advance. • In your constitutional law exam, you will almost certainly need to define the different judicial doctrines related to federalism. Prepare these definitions, and the cases in which they arise, in advance. These are far from exhaustive, and I suggest speaking to upper-year students for more such examples. 3 – Your professors as people The point seems trite, but it bears repeating: your professors are people too. Beyond teaching your class, they have families, friends, ongoing research initiatives, administrative appointments, and various other personal and professional commitments to which they must attend. They are supervising students and term papers, writing articles, book chapters, and reference letters, peer reviewing, unionizing, renovating their homes, raising
children, looking after their health, traveling for conferences, and so on. Though I believe that most professors genuinely care about providing useful feedback to their students, I somehow doubt that grading exams is a highlight of the job. Consider the following example. Professor X, who raises two children (ages 8 and 11) with their partner, teaches a 45-person class whose final exam is a 2500-word essay due on December 21. As is tradition in their family, Prof. X celebrates Christmas with their parents in Toronto, and New Year’s with their partner’s parents in Vancouver. On top of this, Prof. X decides they want a break from fast-paced city life and decides to go on a one-week vacation with their family to Costa Rica. Prof. X’s 11-year-old is also slated to soon take entrance exams for private high schools in Montreal and is nervous about underperforming. If the deadline for submitting all grades and feedback is January 4th, and Prof. X wants to make sure that they are fully available for their family during their break— this likely means that Prof. X will be grading 112500 words in 4 days or so. This is why clarity matters. However much care your professors place into providing you individual feedback and a fair grade, they probably want to get things over with as quickly as reasonably possible. The less work it takes for professors to grasp your argument, the more time they have for their other commitments. Consciously or subconsciously, professors are grateful for the time and mental effort you save them, and this gratitude could reflect on your grade. As such, you should place special care into clearly stating and structuring your arguments. No need to be fancy here: get straight to the point, avoid ambiguous phrasing, and be methodical. Though I personally find the IRAC structure unduly constraining, it undeniably possesses many virtues, namely, direction. It forces you to clearly announce every step of your argument and allows for a consistent pattern of thought on every issue you tackle. Your professors do not have the time to search long and hard for what exactly you were trying to convey in your answer. You would do well to make things as easy as possible for your professors: reduce ambiguity. 4 – The meaning of a McGill Law grade Most 1L Fall examinations are to-assist-only, i.e., if your final examination receives a higher grade, it will count for 100% of your course. Even examinations that are not to-assist-only count so little that their impact on your final grade remains minimal when compared to your final exam. This is by design. Your professors know that you are learning how to do law school exams, and
World of Dreams (1876) by Laura Theresa Alma-Tadema
they want to ease you into the process. Consider these evaluations as what they are: practice. Pay attention to time management, what information you end up using to answer questions, and how law school exam questions are structured. If you do this well enough, it will help guide how you study for the rest of your time here. As for grading, please remember that the results you receive in 1L, especially in the fall semester, do not determine who you are as a student. Exams are a moment in time, and they are not always an accurate representation of your interest in the class, your comprehension of material, or the effort you put into studying. If the structure and topics covered in 1L do not make for satisfactory results immediately, there is no need to panic. Students tend to find their niche down the line, and different course topics and structures will allow different kinds of people to thrive. Further, it has not been my experience that unsatisfactory grades even define who you are to professors or your peers. People will not remember or even know about your grades. They will remember your kindness, solidarity, and openness to the world. 5 – A note on preparation for your Winter term I have heard that some students use their Winter break to get ahead on next term’s class material. With respect, I cannot see many benefits to doing so. What knowledge you would gain during that period would be out of context, and you would be squandering what precious time you could dedicate to doing nothing at all. Please take the time to rest. With all this said, I wish you the very best of luck. 11
Vol 44 ● No 08
PROFESSORS’ ADVICE Professor Saumier | Professor Poirier
With exams approaching, Professor Saumier and Professor Poirier have generously offered the following advice to help you navigate this exam season. Whether you are in 1L or 4L, these reminders are helpful for everyone.
Professeure Saumier: La préparation pour la période d’examens est une occasion de prendre du recul par rapport à votre quotidien durant le semestre. Réfléchir aux thèmes directeurs, faire des liens entre les éléments particuliers d’un cours et identifier les perspectives critiques sont autant de moyens qui vous permettront d’aller au-delà de la résolution de problèmes pointus. Évidemment, chaque examen reflètera la particularité de chaque cours et de chaque prof -- et les diversités sont nombreuses. Il n’y a pas de modèle unique d’examen. S’agira-t-il de cas pratiques à résoudre? de théorie critique à déployer? de propositions législatives à analyser ou développer? Vos profs pourraient fournir d’anciens examens pour vous guider ou offrir des indications générales sur le genre de questions à prévoir. Parlez à vos collègues qui ont déjà suivi le cours, mais ne vous fiez pas trop aux résumés d’un cours passé - l’élaboration de votre propre résumé (accompagnée de discussions avec vos collègues) est souvent le meilleur mode de préparation. De ma perspective de prof, l’examen fait partie intégrale de la démarche pédagogique. Votre retour sur un cours, dans ses éléments micro et macro, est un élément du processus graduel de développement et de rafinement de votre littératie juridique tout au long de votre programme d’études à la Faculté.
Professeure Poirier: Quelques petites réflexions sur la préparation aux examens… Vous avez accompli un énorme travail dans tous vos cours depuis septembre. Vous apprenez une nouvelle langue – celle du droit. Vous le faites parfois dans votre 2e ou 3e ou 4e langue… C’est énorme. Vous découvrez de nouvelles façons de penser et de vous exprimer. Célébrez ces apprentissages… Au-delà des évaluations (je sais … « facile à dire ») Pendant la période d’examen, il est extrêmement important de prendre soin de vous. Sortez prendre l’air. Mangez sainement. Buvez de l’eau. Faites au moins une chose qui vous fait plaisir tous les jours… QUID NOVI • 29 NOV 2020
Lorsque tout s’embrouille tellement on a de la matière à organiser, à comprendre, à gérer…. On respire. On prend 10 minutes de pause. On prend une feuille de papier et on note nos priorités. On sort prendre l’air, regarder le ciel, ou la neige, ou un arbre. Surtout, on ne surfe pas sur les réseaux sociaux… ça ne permet pas au cerveau de se reposer ! (exception pour un truc qui vous fait VRAIMENT rire). Écoutez les conseils des autres (y compris ceux-ci)... Et prenez-les avec un grain de sel !! Vous pouvez discuter avec vos collègues de leur façon d’étudier, de préparer des résumés, d’aborder un « take home » etc. Mais faites-vous confiance. Ce qui a fonctionné pour vous dans le passé (et qui vous a permis d’arriver à la Faculté) fonctionnera probablement en droit aussi. Personne n’étudie exactement de la même manière. Faites-vous confiance. Cela dit, n’hésitez pas à demander de l’aide si nécessaire. Notamment au service de tutorat mis en place par le Bureau des étudiant.e.s. Et rappelez-vous que ce n’est que votre premier semestre. Sincèrement, votre avenir ne dépend pas de vos notes de décembre 2022 ! Relire la deuxième phrase.
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MISTY FOR YOU: WITH LOVE FROM PANAMA Law School Advice You Can Count On Misty Meanor | Not a Lawyer
I graduated from one of Canada's top law schools with really good grades. Now, I'm using my knowledge to help struggling law students make it in this competitive world. Dear readers, I’ve missed you terribly these past few weeks. I had to take an unforeseen two-month vacation to Panama to visit my boyfriend, Alex (M26, fake name). While he asks to remain anonymous, I can say that, yes, he is a former client of mine, and if he happens to be a pirate now, that’s just between us. Whoever said you shouldn’t date your clients is full of it! Though it did cost me my law licence, he’s the best lover I’ve ever had. Readers, I feel terrible about leaving you in a lurch for most of November, but while I’ve been away, I got you a very special gift. I called up my psychic and told her that my students were preparing for their exams and could use a bit of spiritual help. She kindly made this horoscope to help you do your very best come December: Finally, a special note for my dear 1Ls: The next few weeks will be really stressful, but don’t let them kill your confidence! If I could fail my 1L fall midterms and still graduate with top marks, so can you! Misty xx
Sagittarius (Nov 22-Dec 21): Draw diagrams of every concept to achieve optimal success. This will stimulate your inner eye and unlock heightened legal creativity. Capricorn (Dec 22-Jan 19): When in doubt, play Tchaikovsky’s 1812 Overture on repeat. It will calm your mind and soothe your soul. Aquarius (Jan 20-Feb 18): Set alarms on multiple devices. Bad spirits are trying to make you miss an exam. Pisces (Feb 19-Mar 20): Eat carbs, pray to the curve, love the process. Aries (Mar 21-Apr 19): Make a study group. You’re a teacher at heart, and helping others learn the material will boost your exam confidence to new heights. Taurus (Apr 20-May 20): Wear the same clothes every day for the exam period. It’ll assist with your comfort and memorization. Gemini (May 21-Jun 20): Never leave the library. You have been warned. Cancer (Jun 21-Jul 22): The less you work, the better you’ll do. Maximizing your time will maximize your potential. Leo (Jul 23-Aug 22): Ask your professor substantive questions during the exam. Your charm will yield great advice. Virgo (Aug 23-Sep 22): Adopt a cat, register it as a therapy animal, and bring them to your exams. You won’t regret it. Libra (Sep 23-Oct 22): Avoid group study. They will try to make you cheat. Scorpio (Oct 23-Nov 21): Though you struggle to rely on others, pubdocs will be your best exam friend. 13
Vol 44 ● No 08
BLAST FROM THE PAST
QUID NOVI • 29 NOV 2020
Take a look at the debate surrounding the posting of exam marks in November 1981.
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MEET THE TEAM Copy Editor
Nathan Leung | 2L
Where are you from / where have you lived? Toronto born and raised and more specifically, I am from the suburb of Markham. I also completed my undergrad in Toronto. This summer, I was living in Bogotá, Colombia, for three months. What drew you (back) to the Quid? I have always enjoyed the balance of lighthearted articles with more law related ones on the Quid – copy editing helps keep me informed about what is on people’s minds these days! Qu’aimes-tu faire quand tu n’étudies pas? Je suis toujours à la recherche de bon thé et café. J'essaie d'apprendre de nouvelles recettes pour rendre la cuisine plus agréable au quotidien. À d'autres moments, vous pouvez me trouver en train de faire des promenades dans la ville. Was law school a dream come true or a happy accident? Do you want to be a lawyer? Dream come true - has been something in the making since high school for 6 years and absolutely, I do want to be a lawyer. *****
O DEAR COFFEHOUSE Anonymous
There's nothing quite like A wonderful Thursday night Exchanging tickets for beer Oh coffeehouse, so dear Whether it be the raffle of MSELA Or doing Halloween at MedLaw There's no greater coordinator Than Justine Blanchette-Sirois It is poetic that the atrium is the space Where my beloved coffeehouse takes place As it is a homonym of the body part That makes up the top of the heart Because there is nothing so heartfelt As my love for these great events, And the networking connections that I create, With the amazing lawyers that I... enjoy While thankfully I do not have Any work during that time span, Still, I must say to those who do Quit your job or I will for you Since these coffeehouse times Have the best McGill Law vibes I know no future thought will enter my head "Dang, I wish I was studying instead" Now, the next few coffeehouses will be During the exam season where we Are working hard for our careers, And competing against out peers But after exams you should know That next semester you should totally go Because there's nothing quite as fun As a coffeehouse with everyone
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Vol 44 ● No 08
FAREWELL! Anna McAllister | Editor-in-Chief
Despite the joy and excitement that comes with the end of the calendar year, at McGill Law it also brings a pronounced sense of melancholy as we watch many members of our community graduate. We would like to offer our sincere congratulations to everyone who is graduating this winter. You did it! For the Quid, this means saying goodbye to important members of our community. Hanna Rioseco, our beloved Art Director, will be leaving. Hanna has been an absolute force of nature on campus, whose absence will be felt by many groups on campus beyond just the Quid. My first interaction with Hanna was during my 1L year when I worked on the McGill Law Journal Podcast Team. I was immediately amazed by everything she contributed to McGill Law - and I am not just saying this. Please see below a real text I sent Hanna in February 2022.
QUID NOVI • 29 NOV 2020
Getting to know Hanna as the Art Director of the Quid has only deepened my appreciation for her role in our community. She was instrumental in rebuilding the Quid this year as she ensured that the layout-editing knowledge she has come to master was shared with our incoming layout editors. She is also incredibly reliable and always willing to incorporate our last-minute edits Somehow, on top of it all, Hanna is a sincerely lovely person that will be dearly missed. Thank you, thank you, thank you, Hanna! We are wishing you all the best on your next adventure!
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Happy Holidays! SEE YOU IN 2023!
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QUID NOVI • 29 NOV 2020
Vol 44 ● No 08
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