An interesting classroom phenomenon occurs when February is upon us: an inverse correlation emerges between thinning class attendance and the increasing echoes of “bless you,” as colds make their rounds. Indeed, for a delightful take on the former — embracing academic imperfection — see Caroline Homet’s wonderful piece on being a ‘bad student’.
In just a few days, our two-week scholarly hiatus begins, marking the first quarterly migration of law students in 2025 to all corners of the world. In mid-March,
when we return to Chancellor Day Hall, we will, fortunately and quickly, be able to trade the current February blues for the promise of spring, pre-finals angst, and find solace in the academic year’s approaching close.
Much like the drawn-out anticipation before a sneeze finally yields quick relief, this winter — and this semester — will swiftly pass, leaving behind a sense of satisfaction all too soon forgotten.
Back at you (achoo), McGill Law,
Jessica
2 | WHOSE CONSTITUTIONAL CRISIS IS IT ANYWAY
6 | THE INTERESTING CASE OF INTEREST IN CANADIAN LAW A Brief Look at an Ambiguous Term Within the Canadian Judicial System
7 | I DID SOMETHING BAD An Exercise in Vulnerability
3 | LETTER OF THANKS TO ASEF 4 | SEEKING YOUR FEEDBACK
McGill Law’s Admissions and Recruitment Process
WHOSE CONSTITUTIONAL CRISIS IS IT ANYWAY?
Maddie Adams Alexander| 1L
By February 12th of this year, President Trump had signed more than 60 executive orders.1 He has placed tariffs on Mexico and Canada. He has ordered the U.S. defense secretary to deliver a plan on sealing the border. He has declared that the U.S. only recognizes two sexes, and that federal agencies must use the term “sex” instead of “gender” on government-issued documents. He has ended all diversity, equity, and inclusion programs, policies and mandates. He issued a directive to freeze almost all federal spending. He has ended birthright citizenship in the country, defying the 14th Amendment of the American Constitution.
With the executive order to end birthright citizenship, however, the Trump administration has come up against a temporary block from judges in New Hampshire, Seattle, and Maryland. 2 Similarly, Trump’s freeze on federal spending was halted in court, and U.S. District Judge John McConnell Jr. ordered the Trump administration to restore the funding immediately.3 In response
1 NBC Universal News Group. (2025, February 12). Trump executive orders list: What he’s written so far during his second term . NBCNews.com. https:// www.nbcnews.com/data-graphics/tracking-trumps-executive-orders-rcna189571
2 Whitehurst, L., & McCORMACK, K. (2025, February 10). Third judge Blocks Trump’s order ending birthright citizenship for kids of people in US illegally. AP News. https://apnews.com/article/trump-birthright-citizenship-order-lawsuit-edc182abc957868840f28c4bfb5326b6
3 Judge McConnell’s daughter works at Department of Education? Elon Musk Sparks Row. Times Now. (2025, February 11).
to Judge McConnell’s order, Musk re-posted a post on X, which accuses Judge McConnell of a conflict of interest, as his daughter works for the Department of Education, and the Department of Education is federally funded. 4 On February 12 th, Republican Representative Andrew Clyne announced on X that he is drafting articles of impeachment against the judge, calling him a “partisan activist weaponizing [the] judicial system” in what he claims is an “abusive overreach”.5
Both Musk and Clyne have a significant media following and I would argue that Musk in particular is acutely aware of his media presence and popularity. He knows that while he publicly attacks judges, he does not need any actual evidence of their bad character to be believed. He knows it is sufficient that these judges do not have the power nor the public platform that he does and therefore will struggle to contradict his claims. He also knows that there are many fans of the Trump administration that will believe him blindly and with complete loyalty, anyway.
While the Trump administration’s favourite Special Government Employee (so special that he is attempting to exercise more power than even the president is permitted) is putting in more than enough effort in the fight against the judicial branch in
4 Judge McConnell’s daughter works at Department of Education? Elon Musk Sparks Row. Times Now. (2025, February 11). https://www.timesnownews.com/ world/us/us-news/judge-mcconnells-daughter-catherine-works-in-education-department-elon-musk-sparks-row-article-118156678
5 X.com. X (formerly Twitter). (n.d.). https://x. com/Rep_Clyde/status/1889725076888572100
America, the administration’s more formal representatives are not leaving him to take on the battle alone. Press Secretary Karoline Leavitt announced that “the real constitutional crisis” is happening within the judicial branch, not the executive.6
Similarly, Vice President JD Vance recently wrote on his X account that “Judges aren’t allowed to control the executive’s legitimate power”.7 While Vance’s words are not necessarily false, they imply that the actions of the Trump administration in question are legitimate exercises of power. Vance is painting the judicial branch of the American political system as overstepping, behaving in some way that is corrupt. They are painting judges as untrustworthy and dishonorable for fulfilling their obligations exactly as instructed. They are calling the judicial branch’s actions to protect the constitution and prevent executive abuse of power the constitutional crisis itself. The Trump administration knows that so long as they direct their audience to the “real” crisis, their fears and doubts will be pacified. It doesn’t matter that the “crisis” to which they are deflecting eyes is not real, it only matters that the Trump administration has labeled it real. The Trump administration never responds to accusations with “no, we are not doing that”, their only response is “look over there,
6 Samuels, B. (2025, February 12). White House calls judges blocking trump’s agenda “real constitutional crisis.” The Hill. https://thehill.com/homenews/administration/5141267-trump-judges-constitutional-crisis/
7 X.com. X (formerly Twitter). (n.d.-a). https://x. com/JDVance/status/1888607143030391287
they are the REAL ones doing it!”.
But many supporters of the Trump administration do believe Trump, Musk, Clyne, Leavitt, and Vance. They do believe the judges are corrupt in blocking executive orders. They do believe Judge McConnell should not have anything to do with ordering the reinstatement of federal funding because his daughter works for the Department of Education. Should Musk not have had anything to do with gutting various government agencies that have recently fined SpaceX and Tesla?8 He won’t share anything on X regarding that particular conflict of interest, though, so it’s not a “real” conflict of interest, and it is therefore not to be believed.
Those who are cognizant of the Trump administration’s lies and abuses are already unable to do much, if anything, about them. If the judicial branch is on the brink
8 Klee, M. (2025, February 6). White House says Musk will decide his own conflicts of interest. uhhh ... Rolling Stone. https://www. rollingstone.com/politics/politics-news/elonmusk-conflict-interest-doge-1235257829/
of being dismissed and ignored by the executive, what is left to check the executive’s power? I would assume that the ever-faithful believers of the Trump administration and of its eloquent promises were not deterred by the guarantee that if they voted for Trump this time, they would never have to vote for him again. I am so curious about this particular pre-election promise; for those who believed it, how did they think he was going to accomplish it? The threat to democracy seemed to me to be so loud – were they oblivious? Or did they simply not care? Maybe the (undelivered) promise of cheaper eggs is greater than the promise of democracy, after all.9
For an administration that has traditionally been so outwardly obsessed with the Rule of Law and the sacredness of the American Constitution, the Trump administration sure has
9 Wallace, A. (2025, January 28). Trump pledged to bring down food prices on day one. instead, eggs are getting more expensive | CNN business. CNN. https://www. cnn.com/2025/01/28/economy/trump-inflation-price-promises/index.html
LETTER OF THANKS TO THE ASEF
ADELA and MJSDL
The Annual Environmental Law Networking Evening, held on January 29, was a great success thanks to the generous support of the ASEF Fund. The McGill Environmental Law Association (ADELA) and the McGill Journal of Sustainable Development Law (MJSDL) collaborated to bring together over 50 students at the Maison du développement durable, located at the intersection of Clark and Sainte-Catherine streets.
Esteemed lawyers specializing in environmental law, municipal law, Indigenous law, and corporate governance—representing both major law firms and public organizations—gathered to share their expertise and engage in meaningful discussions with students.
Once again, we extend our heartfelt thanks to ASEF
been quick to begin sacrificing both. In his discussion of DOGE in the Oval Office on February 11th, Musk defended the Trump administration’s recent actions by arguing that “The people voted for major government reform, and that’s what the people are going to get. [...] That’s what democracy is all about”.10 While there is still much uncertainty about how things will unfold in the coming weeks and months, it would be the most ironic of tragedies for the American people to have democratically ended democracy as they’ve known it in America. Only time and the constitution will tell.
“That was when they suspended the Constitution. They said it would be temporary. There wasn’t even any rioting in the streets. People stayed home at night, watching television, looking for some direction. There wasn’t even an enemy you could put your finger on.” - Margaret Atwood, The Handmaid’s Tale
10 Matza, M. (2025, February 12). Elon Musk denies “hostile takeover” of government in White House debut. BBC News. https:// www.bbc.com/news/articles/cp820y16xvlo
for their invaluable contribution to making this year’s edition such a resounding success! We look forward to seeing many of you again next year!
La Soirée annuelle de réseautage en droit de l’environnement, qui s’est tenue le 29 janvier, a connu un franc succès grâce à la généreuse contribution du Fonds ASEF. L’Association du droit de l’environnement de McGill (ADELA) et le Journal du droit du développement durable de McGill (MJSDL) ont collaboré pour réunir plus de 50 étudiants à la Maison du développement durable, située à l’intersection des rues Clark et Sainte-Catherine.
Des avocats éminents spécialisés en droit de l’environnement, droit municipal, droit autochtone et gouvernance—représentant tant de grands cabinets d’avocats que des organismes publics—se sont réunis pour partager leur expertise et échanger avec les étudiants.
Une fois de plus, nous remercions chaleureusement ASEF pour sa contribution inestimable à la réussite de cette édition ! Nous espérons vous retrouver aussi nombreux l’année prochaine!
SEEKING YOUR FEEDBACK
Enhancing McGill Law’s Admissions and Recruitment Process
Andra Syvänen| (Assistant Dean, Admissions & Recruitment) BCL/LLB ‘14
At McGill’s Faculty of Law, we are committed to continuously improving our admissions processes and outreach efforts, particularly in ways that foster equity, diversity, and inclusion.
Afin de mieux comprendre vos expériences et pour maintenir un processus transparent, accessible et accueillant pour toutes personnes candidates, nous sollicitons actuellement la rétroaction des étudiant.e.s actuel.le.s, et en particulier ceux et celles issu.e.s de milieux sous-représentés dans le domaine du droit.
Why are we doing this, and why now:
Six years ago, when I pivoted my career from working as in-house counsel to taking on the role of Assistant Dean (Admissions & Recruitment), I was strongly motivated to oversee the admissions process by my own experience as someone who grew up below the poverty line and the first in my family to complete university studies. Given my background, law school was daunting on so many levels: I never really believed I would be accepted, I regularly doubted that I would successfully graduate, and I was often unsure what I would do once I finished my degree.
In the words of American civil and children’s rights activist, Marian Wright Edelman, “you can’t be what you can’t see”. During my mandate as Assistant Dean, I have strived to create opportunities and open doors for others who have felt excluded from law (as a former Assistant Dean did for me), with the hope that our incoming cohorts today will inspire future applications from those who might not have seen themselves in law school before.
In recent years, the members of the Admissions Office and Admissions Committee have worked hard to align our efforts with McGill University’s Strategic Plan on Equity, Diversity and Inclusion (EDI)1 and its Plan to Address Anti-Black Racism (ABR)2, as well as to re-
1 Office of the Provost & Vice-Principal (Academic), McGill University Equity, Diversity & Inclusion (EDI) Strategic Plan 2020-2025 (Montreal: McGill University, 2020), online: <https://www.mcgill. ca/equity/files/equity/mcgill_strategic_edi_plan_2020-20251.pdf>.
2 Office of the Provost & Vice Principal (Academic), McGill University Action Plan to Address Anti-Black Racism 2020-2025 (Montreal: McGill University, 2020), online: <https://www.mcgill.ca/provost/ files/provost/action_plan_to_address_anti-black_racism.pdf>.
spond to student feedback. We have done so through a few initiatives, collaborating closely with the Assistant Dean (Students) & Dean’s Lead on Black and Indigenous Flourishing. We have devoted more resources to increasing outreach to Montréal-based CEGEPs serving diverse and underrepresented communities. We have adjusted our website to include more information about our EDI efforts and actively encourage equity-deserving communities to apply. We are informed by data about our applicant pool and admitted cohorts to adjust our admissions processes (for e.g. the creation of an optional admissions category for Indigenous peoples and a formal process for including extenuating circumstances in the application). The Admissions Committee participates in an annual workshop on equity and bias in admissions. Lastly, we try to ensure that our Student Ambassador community represents the diversity of the student body at the Faculty of Law.
La fin de la première phase du plan d’équité, de diversité et d’inclusion et du plan pour contrer le racisme envers la communauté noire, présente une belle opportunité pour évaluer notre progrès jusqu’à date ainsi que pour mettre en branle des efforts supplémentaires pour améliorer nos processus dans le futur.
Votre rétroaction est donc essentielle. Au cours des prochains mois, nous vous invitons à partager vos perspectives de plusieurs façons :
How you can share your views:
1) Online anonymous survey :
We’ve developed a set of questions to guide your feedback, focusing on several key areas:
• Recruitment and Outreach : How did you first learn about McGill’s BCL/JD program, and what recruitment events or initiatives were most helpful in your decision to apply?
• Admissions Process : What was your experience of the admissions process, and what suggestions do you have for making it more transparent and accessible to all applicants?
• Equity and Inclusion : Did you feel McGill’s commitment to equity and diversity was evident in the process? How can we better reflect these values moving forward?
You can access the survey until March 31th by following this link :
2) Discussion et pause-café à Moka mercredi
Je serai présente pour discuter avec vous à Moka mercredi, le 19 février entre 13h00 et 14h30. J’encourage toutes et tous celles.eux qui veulent partager leur rétroaction, leurs suggestions ou leurs idées à venir me voir.
3) Stop by our office
Lastly, as I always say in my short welcome speech on the first day of Orientation: my door (room 417,
NCDH) is always open, even when it’s not. Please don’t ever hesitate to reach out in person or via email to chat more or share your ideas.
Outcomes and next steps
After collecting and reviewing your feedback, I will present it to the Admissions Committee (either this cycle or next) to determine how we can incorporate your suggestions and ideas into our admissions process and/or outreach strategy.
Vos contributions pourraient influencer nos efforts de sensibilisation et nos processus d’admission, afin de mieux servir toutes personnes candidates, et en particulier ceux et celles issu.e.s de milieux sousreprésentés. Le but de ces efforts est de maintenir, et même augmenter, la nature accueillante et inclusive de l’environnement de la Faculté de droit.
Thank you in advance for helping us continue to evolve and strengthen our community!
A new issue is released every week, on Tuesday morning.You can follow us on our Facebook page Quid NoviDroit McGill Law and Instagram page @quidlaw to stay up to date with the latest Quid issue. You can also keep an eye out for a physical issue of the Quid at the Atrium, next to the staircase.
THE INTERESTING CASE OF INTEREST IN CANADIAN LAW
A Brief Look at an Ambiguous Term Within the Canadian Judicial System
Ordren Deko| 4L
Working in two distinct legal systems and two different languages is both a blessing and a curse for the Canadian lawyer. A blessing indeed due to the comparative perspective one gains from witnessing the intersections and divergences of the common and civil law. It becomes a curse, however, when legal jargon is liberally exchanged from one system to another or when words carry different meanings despite operating as functional equivalents. Almost but not entirely false friends, these terms must be scrutinized before application in a similar vein as the voir dire that occurs within a trial. This linguistic schism of sorts is perfectly illustrated by the interesting case of “interest.”
Before delving into interest, it is necessary to explain its reflection in the common law known as “standing.” This concept refers to a party’s ability to participate in proceedings. 1 Here’s one example: an Italian restaurant is being sued because they delivered a raw pizza to a child’s birthday party causing many of the attendees to become sick. It would make sense for a parent to sue said restaurant but what about a third party, not involved in the matter at hand, but who has had a vendetta against the respondent for a very long time? The restaurant could easily ask for the court to dismiss the motion based on lack of standing, i.e., this revenge seeker does not have an adequate amount of proximity to the case for it to move forward (there is an exception for public interest standing but for the purposes of this article, we will not go there).
The idea of standing as well as its nomenclature transform upon entering Quebec. Here, the term “sufficient interest” (intérêt suffisant) is employed, as it is enunciated in article 85 of the Code of Civil Procedure : “to bring a judicial application, a person must have a sufficient interest.” The Supreme Court of Canada (SCC) has virtually recognized sufficient interest as Quebec’s functional equivalent to the common law concept of standing. 2 At the same time, frustratingly, these terms have been loosely translated from English to French, obscuring their distinction. The SCC has
1 Quebec (AG) v Guérin, 2017 SCC 42 at para 70 [Guérin].
2 See Brunette v. Legault Joly Thiffault, s.e.n.c.r.l., 2018 SCC 55 at para 11 [Brunette].
acknowledged that such a confusion exists, not only for themselves but also at the Court of Appeal and even between crown and defence lawyers. 3 In its own decisions, standing has been translated as qualité pour agir. However, in R v Brunelle , the SCC understood qualité pour agir as capacity. As well, even if qualité pour agir is considered the French translation of standing, or the common law equivalent of interest, qualité pour agir and interêt pour agir are two distinct concepts in the civil law. 4 This has not stopped courts in Quebec from using qualité pour agir to mean standing, however, and extracting it from article 87 of the Code of Civil Procedure (which explains the necessity of legal representation in contentious proceedings). Nor has it stopped them from using interest and standing interchangeably. 5
The many layers of this lexical hiccup can be headache inducing, especially when attention must be paid to the differences embedded within each term. Yet, at the same time, this episode represents a moment of organized chaos in our judicial systems; one that causes us to scratch our heads in confusion, but not to the point of leaving a mark. Moreover, it reinforces the comforting and somewhat empowering words of the SCC that the civil and common law produce similar conclusions and their similarities, despite being premised on principles proper to each legal system, in no way detract from the coherence and integrity of either.6 In my humble view, there is a beautiful message within that statement that could easily apply to our own journeys as future jurists; no matter what obstacles you face, no matter what they are called or represent, you will eventually arrive at your desired destination. Standing on your own two feet.
3 See R v Brunelle, 2024 SCC 3, at paras 40–42 [Brunelle].
4 See Lafond c Comité du fonds d’indemnisation du Barreau du Québec, 2022 QCCA 595 at para 58 [Lafond].
5 See e.g., Silvercreek Management Inc v Québecor inc., 2018 QCCS 5385 at paras 9, 33, 35–44, 61, 83, 96 [Silvercreek].
6 Brunette, supra note 2 at para para 24.
I DID SOMETHING BAD
An Exercise in Vulnerability
Caroline Homet| 1L
Dear Reader,
I think I did something bad. I saw a foot of snow on the forecast and I just bolted. It’s barely mid February and deadlines are already snapping at me like a Hydra. How is it that every time I click submit on Friday night, there’s twice as much on my to-do list for next week? I’ve started saying “no” instead of “yes”. I’m a zombie throughout my afternoon classes, and yet I can’t fall asleep at night. I’ve seen this film before, and I didn’t like the ending. I’d apologize for the Taylor Swift references, but apparently listening to music you loved in high school is chemically soothing to the brain. I’d also apologize for publishing what’s close to a journal entry, but something in the dark circles under 1L eyes tells me I might not be the only one feeling this way.
As I’m writing this in the car, driving away from the classes I should be in and towards what brings me the most joy, I can’t help but feel guilty. I’m the only one who is going to suffer or benefit from my own decisions, and yet I’m overwhelmed by the guilt of being a “bad student”. And then I feel guilty for being a “bad girlfriend” because my partner said he’d leave me at home if I was just going to mope on the slopes.
All that to say, I’ve been asking myself a lot of questions lately. “What do I want from life?” or especially, “What the hell am I doing here?” I’m just so tired of being tired all the time. So, when I saw 35 cm of snow on the forecast, my mind went to the deepest remorse of my undergrad. I profoundly regret not dropping everything to go skiing on a Wednesday morning in March 2023 when Jay, VT woke up to a three-foot blanket of snow. My current ski trip is a little less spontaneous. As you may have noticed, I’ve obsessed over it a bit. But, I figured that I’d try it out. If my decision turns out to be catastrophic and I fail three assignments for missing a couple days of classes to have fun, then I’ll know. That’s what 1L is all about, right? Trying things out?
If you’re still with me on this emotional journey, I promise there is a point to this story. When I was in the thick of my existential crisis, I turned to a familiar Ted Talk. If you haven’t seen Brene Brown’s “The Power of Vulnerability,” you’re missing out on some serious emotional validation. When I’m feeling all the uncomfortable feelings and trying to bottle them up in tidy vessels, I try to remind myself of Brown’s words. If you try to numb negative emotions, then you’re also numbing joy, gratitude and happiness.
Dr. Brown’s research has centered on understanding what she calls “whole-hearted people”: people who wake up in the morning and feel like they are enough. She found
that the answer to shame is vulnerability. When we put on armour in the morning and refuse to take it off, we feel guilty for our shortcomings, for not being the perfect partner, or the perfect student. On the other hand, if we accept our imperfections and accept to be vulnerable in admitting them to the world, shame won’t have a claim on us.
In Dr. Brown’s more recent appearances on podcasts, she explains that her epiphany hasn’t prevented her from feeling shame, guilt, and unworthiness. Old habits die screaming. However, she is aware of her brain’s default now. She says that this awareness is part of her decadelong process of learning to accept being vulnerable. It’s not a comfortable process. In fact, it is profoundly uncomfortable to allow oneself to be vulnerable. According to Brown, that discomfort is a sign of growth.
So, be kind to yourself this week. It’s probably going to be OK if you’re not the perfect student. Do something bad. Find joy in it. You’re enough, even if you blew off your readings and study groups to go skiing. That’s the story I’m telling myself anyways. But, if you’re looking for a smaller place to start, try baking my mom’s Best Ever Banana Bread. If you’re feeling up to it, invite a friend over to share it, and be vulnerable when they ask you how you’re doing.
Maman’s Best Ever Banana Bread
□ ½ cup butter, softened
□ 1 cup sugar
□ 2 eggs, beaten
□ 3 very ripe bananas
□ 1 tsp vanilla
□ 2 cups of flour
□ 1 tsp salt
□ 1tsp baking soda
1. Preheat the oven to 350°F.
2. Mix the softened or melted butter, sugar and eggs.
3. Add the bananas and vanilla and mash them up until the mix is as homogenous as it’ll get.
4. In another bowl, mix the dry ingredients.
5. Gradually incorporate the dry ingredients to the wet ingredients.
6. Pour the batter into a greased bread mould.
7. Cook for an hour, or until the edges are golden and the center is barely gooey.
EDITOR-IN-CHIEFS
RÉDACTEURS EN CHEF
Jessica Keer Li
Pablo Mhanna-Sandoval
SOCIAL MEDIA DIRECTOR
DIRECTRICE DES RÉSEAUX SOCIAUX
Faith Dehghan
ART DIRECTOR AND LAYOUT EDITOR
DIRECTRICE ARTISTIQUE ET ÉDITRICE DE MISE EN PAGE
Souang Wu
COPY EDITORS
SECRÉTAIRES DE RÉDACTION
Faith Dehghan
Jacob Kasirer-Kettner
Jerod Miksza
COLUMNISTS
CHRONIQUEURES ET CHRONIQUEUSES
Caroline Homet
Ordren Deko
Maddie Adams Alexander
CONTRIBUTORS
CONTRIBUTEURS
ADELA and MJSDL
Andra Syvänen
Special thanks to Prairie Koo for designing the layout.
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.
