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The Quid Novi MONTREAL, QC

MCGILL UNIVERSITY FACULTY OF LAW - FACULTÉ DE DROIT DE L’UNIVERSITÉ MCGILL

46 06 19 NOV 2024

LETTER FROM THE EDITOR World Keratoconus Day! Reflecting on Health Care Accessibility Anna McAllister | 4L

During my time working in the Senate of Canada, I heard numerous senators endorse or propose the creation of many “National Days of ___”. While well-intentioned, I caught myself rolling my eyes more than once when valuable time in the legislature was used to ‘debate’ what seemed to me to be an insignificant attempt to garner support with a particular group. What good would a “National Day of ___” do when there is no holiday or other action to actualize spreading awareness for the given cause? I still somewhat hold this cynical belief; however, I am going to be a hypocrite today and draw your attention to the fact that November 10th was World Keratoconus Day. Earlier this year, I was diagnosed with Keratoconus, an eye condition caused by weak cornea cells. Because the cornea is weak, it is prone to changing shape, thinning over time, and becoming cone-like rather than round. For the patient, symptoms can manifest in decreased quality of vision and visual sensations like those caused by astigmatism. If left untreated, keratoconus can progress to blindness. Following my diagnosis, I wrote a PSA in the Quid letting students know that while the likelihood of being diagnosed with

Keratoconus is influenced by one’s genetics, eye rubbing or other traumas to the eyes have also been connected to a higher prevalence of Keratoconus in patients. Luckily, my diagnosis came early, making me a candidate for corneal cross-linking, a surgery that aims to strengthen corneal cells to prevent disease progression. What’s luckier, I could afford the surgery, which is currently not covered by Ontario Health Insurance and can cost patients upwards of 2000$ per eye, not including prescription costs or costs associated with taking time off work to recover. Ironically, the Ontario government will cover the cost of a cornea transplant, the only solution if the disease progresses. Private insurance is also not helpful, as while both my government employee health insurance and my McGill student insurance would cover a small portion of the cost of Lasik eye surgery, an elective surgery to reduce the need for corrective glasses or contacts, they denied my claim to contribute the same amount to my necessary, vision-saving surgery. [continues on the next page...]

CETTE SEMAINE... INSIGHTS

COMMUNAUTÉ

EVENTS

4 | THE CLIMATE CORNER

6 | MLJ CITATION OFFICE

8 | LAWYER MEET & GREET

6 | MY POPCORN BRAIN

7 | BLAST FROM THE PAST

Issue 2

HOURS

Moot Court Renovations?

8 |SONGS YOU NEED TO HEAR

BEFORE THE END OF THE YEAR

With CONTOURS, RADLAW & LS4PM

9 | PIE YOUR PROF

QUID NOVI •19 NOV 2024

Vol 46 ● No 06

I am no economist, but I couldn’t help but be confused by the inefficiency associated with denying coverage of a surgery that would save thousands of dollars of healthcare costs down the road for the provincial government should I go blind or need a corneal transplant. Those who have Keratoconus are not alone in this frustration. Many with ‘uncommon’ healthcare needs face the same financial roadblocks when attempting to access the care they require. My hope in bringing World Keratoconus Day to your attention is two-fold: First, I implore you to please continue to schedule your regular optometry appointments. Advocate for yourself and insist on further tests or referral to an ophthalmologist if you feel something is off with your vision. As law students, eye strain from excess screen time and reading comes with the territory. However, persistent decreased vision quality

is abnormal and should be checked out by a professional. Second, given that I have the absolute privilege of being colleagues with some of the brightest in Canada who will no doubt change the world, please consider advocating and supporting the healthcare needs of those with ‘abnormal’ conditions. Our healthcare system ought to be sufficiently comprehensive to fund vision-saving surgery and other necessities for one’s existence. This is not only ethical but logical as it will be cheaper in the long run (I promise I will end up paying more taxes and require less care if I am allowed to have eyes that continue to work). Are symbolic and largely ignored minor “National Days of____” and “World ____ Day of ____” still incredibly cheesy? Yes. But, if I can persuade just one of you to get your eyes checked during your Winter Break, it will be worth my hypocrisy to call your attention to World Keratoconus Day.

Vol 46 ● No 06

Adele Weschler and Benjamin Foster for the MJSDL | 2L

Issue 2 ඗ Repeal Biden-era environmental protection legislation, including the Inflation Reduction Act (IRA): Trump has made it clear he will attempt to repeal all Biden-era environmental protection legislation. However, as in 2016, he will face challenges in the courts. The IRA, which created incentives and opportunities for businesses to switch to clean energy, has seen the creation of solid economic frameworks across the country. Many of these are supported by Republican members of the House and the Senate.2 However, it is apparent that some of these projects will be entirely dismantled, and others will Ø Enact policies that remove barriers for oil and gas companies: Trump’s 4th biggest source of funding in the election came from the fossil fuel industry, and he has been promising the billionaire executives of companies such as Exxon and Chevron that if elected, he will remove legal barriers to drilling and repeal laws that limit car pollution. 3

Presented by the McGill Journal of Sustainable Development Law, the Climate Corner is a new biweekly column in the Quid focusing on the intersection of climate and the law, highlighting news, cases, and stories from campus to COPs. In the dreadful shadow of the US election: What does Trump’s return mean for climate change policy?

QUID NOVI •19 NOV 2024

This is a question anyone could answer: nothing good. But as much as we may cringe in anxiety away from the gloom brewing across the border, it has become increasingly important to consider how democracy (in its various states), politics, and climate policy are intertwined. We must take a closer look at the mechanisms of our own climate policy in Canada and how we might insulate hard-fought climate successes against the tremors of the democratic system. Here are some quick facts about Trump’s previous climate policy, and some speculations drawn from various sources on what climate policy might look like under Trump’s return*: ඗ Withdrawal from the Paris Climate Agreement: In 2017, Trump withdrew from the Paris Climate Agreement. For all its successes and failures, the Paris Agreement is the most significant international a framework for countries to address the climate crisis. Biden rejoined the Agreement in 2021. Trump stated in his campaign that he will withdraw again.1 Reuters, “Trump prepares to withdraw from Paris climate agreement, NYT reports” (8 November 2024) online: https:// www.reuters.com/business/environment/trump-prepares-withdrawing-paris-climate-agreement-nyt-reports-2024-11-08/ 1

඗ Destruction of the Environmental Protection Agency (EPA) and censorship of climate science: During his last term, Trump vowed to destroy the EPA, gutting more than 100 enviJohn Yang et al, “What to expect from the new Trump administration on climate and environmental policy” (9 November 2024) online: https://www.pbs.org/newshour/show/what-to-expect-fromthe-new-trump-administration-on-climate-and-environmental-policy 2

Oliver Milman, “Trump gets record donations from big oil but far less than $1bn he wanted” (18 October 2024) online: https://www.theguardian.com/us-news/2024/oct/18/electiontrump-oil-gas-fundraising 3

ronmental rules and causing a mass exodus of researchers and policy-makers due to budget cuts and incidences of censorship. In this next term, Trump is likely to continue this plight using a mechanism called “Schedule F” to replace experts at the agency with political loyalists.4 * Before we fall prey to the American partisan myth, it is important to remember that the Democratic party is by no means a perfect environmental candidate. While the Harris campaign met the bare minimum standard by not denying climate change outright, she bowed out of environmental commitments to end fracking, and promised to support the oil industry if elected. This leaves us with the question: if a large proportion of Americans care about the impending climate crisis (and statistics indicate this number is upwards of 67%5) is there anyone who can represent their concerns? Democracy in North America is notoriously short-sighted. It is fatally shot through with capitalist interests, and lacks any serious accountability mechanisms for those in power. This recent election has highlighted that urgent climate commitments are easily crushed under the swinging pendulum of shallow yet powerful cultural disputes. As critical as we are of our democracies, do not think this article tempts an autocratic solution. The failure of our democracy to address climate change does not presume the failure of democracy itself to reckon with a collective existential threat. Instead, it shines a light on the true ‘democratic’ nature of our government. It is hard to reconcile the interests and desires of the majority to be protected against the impacts of climate change, with the fact that oil corporations with financial lobbying power hold sway over our political system. There is ‘soft power’ here, in misinformation campaigns, conspiracies, and cultural rifts, but there is also hard power: the material investment of oil and gas in our government. If Canada looks to its southern neighbours as a warning, we will ensure that essential and fact-based climate policy is protected from the instabilities and defects of current politics. The success of any long-term strategy depends on it. In spite of its dire state across the border, democracy still has intrinsic value to citizens. It inspires civic action, the free flow of information, and can create representative, informed parliaments. If instituted correctly, it will create meaningful change. Serious proposed solutions for America to protect climate change policy in the midst of a culture war: Oliver Milman & Tom Perkins, “EPA staff fear Trump will destroy how it protects Americans from pollution” (11 November 2024) online: https://www.theguardian.com/environment/2024/nov/11/ environmental-protection-agency-staff-react-trump-second-term 4

• Environmental constitutionalism which enshrines environmental rights in legislation not easily flaunted by political leaders. • Leverage the military industrial complex and tell them malevolent aliens are causing climate change. The only way to defeat the aliens is to reduce greenhouse gasses. • Claim to have discovered the ‘One True US Constitution’ clutched in the cold dead hands of George Washington himself. The constitution miraculously requires protection of the environment above capitalist interests. We now turn to Canada, where many are working hard to build a robust body of climate law and policy that can resist stupidity and corruption. Here are some promising recent developments. Auer v Auer: In the world of administrative law, this past Friday, November 8, the SCC issued a much-anticipated ruling, determining that regulations are subject to the same degree of judicial scrutiny as other government decisions. This means that regulations put in place by the executive branch that might frustrate environmental protection laws can be more effectively challenged in court. While the previous standard of judicial review demanded that in order to challenge regulations one must prove that a regulation is “irrelevant”, “extraneous” or “completely unrelated” to its statutory purpose, in Auer the court endorsed a reasonableness standard, allowing for greater judicial review. This recognition of judicial responsibility in ensuring that regulations don’t undermine the purposes of underlying laws will hopefully strengthen the effectiveness of environmental protection legislation.6 A new chapter in Mathur v Ontario: On October 17th, the Ontario Court of Appeal breathed new life into the possibility of constitutional protections for emissions reductions. In 2019, a group of young climate activists challenged the Ford government’s Cap and Trade Cancellation Act that gutted Ontario’s GHG emission reduction targets. They argued that by eroding targets to well below those of international science-based standards, the government had violated their section 7 rights to life, liberty and security of the person and their section 15 equality rights under the Charter. While the Superior Court had dismissed the case in 2023, holding that the Charter does not impose any positive obligations to combat climate change, the recent Court of Appeal decision determined this to be a mischaracterization and reversed the judgment, sending it back for a new hearing. While Lindsay Beck, et. al, “Ecojustice reacts to Supreme Court decision on setting robust review standard for Canada’s regulations” (8 November 2024) online: https://ecojustice.ca/news/ ecojustice-reacts-to-supreme-court-decision-on-setting-robust-review-standard-for-canadas-regulations/ 6

Alec Tyson et al, “What the data says about Americans’ views of climate change” (9 August 2023) online: https:// www.pewresearch.org/short-reads/2023/08/09/what-the-data-says-about-americans-views-of-climate-change/ 5

Vol 46 ● No 06 the ONCA declined to comment on the merits of the argument itself, this is an encouraging step towards recognizing the viability of rights-based approaches to reducing GHG emissions and it will hopefully inspire future climate litigation.7 Bill S-5: an amendment to the Canadian Environmental Protection Act In May of 2023 parliament passed Bill S-5, which recognized for the first time that “every individual in Canada has a right to a healthy environment” under the Canadian Environmental Protection Act (1999). While implementation frameworks are still being developed, this federal legislation establishes a duty for the government to uphold principles of intergenerational equity and non-regression of environmental protections. Centering human rights to give weight to the imperative of maintaining healthy ecosystems and biodiversity is a promising approach, and may bolster challenges to governmental failures to act, as in Mathur.8 COP29 On the international stage, COP29, hosted in Azerbaijan, is now entering its second week. While, yes, it has been widely decried as being a hollow display of greenwashing, and yes, it is being hosted by a petrostate for the second year in a row, the conference has seen some early (nominal) wins. Delegates reached an accord on key rules for carbon credit schemes, which had been deadlocked for years, allowing rich countries to fund cheaper climate action internationally in lieu of more expensive emissions cuts at home. While we must be wary of the scheme’s susceptibility to encouraging fraudulent and harmful projects, this agreement pro-

vides momentum for international frameworks to mitigate global emissions.9 The UK has signalled strong commitments to climate action: Starmer’s government has made an ambitious pledge to cut its emissions by 81% from 1990 levels by 2035. Hopefully, this high benchmark for emissions reduction will encourage other nations to follow suit. However, we must remember that pledges are one thing and action another thing entirely – we must continue to loudly hold our governments to account in reaching these targets. Now more than ever, it is important not to fall prey to despair. Instead, we should call out blatant injustice and corruption for what it is, and aim to be clear-sighted about the challenges our democracies face in addressing the climate crisis. Ajit Niranjan, “Critics say approval of ‘climate credits’ rules on day one of Cop29 was rushed” (11 November 2024) online: https:// www.theguardian.com/environment/2024/nov/11/critics-say-approval-of-climate-credits-rules-on-day-one-of-cop29-was-rushed 9

Larissa Parker, et. al, “Climate change litigation continues to simmer: Court of Appeal for Ontario remits Mathur Charter case back for rehearing” (18 October 2024) online:https://gowlingwlg.com/en-ca/ insights-resources/articles/2024/onca-climate-change-litigation 7

Ecojustice, “MPs pass first major update to Canada’s most important environmental law in more than two decades” (30 May 2023) online: https://ecojustice.ca/news/mps-pass-first-major-update-to-canadas-most-important-environmental-law-in-more-than-two-decades/ QUID NOVI •19 NOV 2024

MY POPCORN BRAIN When’s the right time to check your phone?

above,” then, like me, you might suffer from popcorn brain like me.

state where excessive screen time makes the offline world feel painfully slow by comparison, leaving our minds craving constant, quick mental shifts. This leads to the strangely powerful pull towards a screen at any quiet moment. It’s a phenomenon that, in this digital era, leaves few of us untouched.

Waiting for the bus? Standing in line for coffee? Immediately after someone asks a hypothetical question in class? If you answered “all of the

The term “popcorn brain” was coined by David M. Levy, a computer scientist at the University of Washington. He describes it as a

As law students, most of our days are inevitably in front of a screen. The issue is that my downtime also tends to default to the digital.

Heeva Chavoshi | 1L

Whether it be watching a show, listening to a podcast, or scrolling through the plethora of apps on my phone, I realized far too much of my day is in the digital realm. As much as I want to use my free time taking care of myself, the truth is that after hours of reading case law or parsing legal principles, sitting down to journal, reading for pleasure, or engaging in my hobbies seems even more exhausting. But I always seem to have just enough energy for a quick scroll through Instagram Reels. I tell myself it’ll just be five minutes, just so I can turn my brain off momentarily. Before I know it, an hour has passed, I’m more tired than I started, and I can barely recall a single video I’ve watched.

BLAST FROM THE PAST Moot Court Renovations?

Despite the abject beauty of our Faculty, students have often reflected on what additions they might make. Whether it is the LSA attempting to secure a sponsored Foosball table, or students anxiously awaiting the second-floor renovations, there is always room for improvement even at a place as perfect as McGill Law. In 2002, one student had a particularly interesting take on how the Moot Court could be renovated. Take a look!

The reality is, doom-scrolling isn’t actually restful. Real rest for the brain doesn’t involve flicking through a sea of fragmented videos and posts. True rest is letting my mind be still, allowing it to recharge without added noise. So, for the past week, I have actively tried to resist my popcorn brain to rest. On the bus, I kept my phone and headphones in my backpack and simply observed the people around me, the blur of scenery outside the window, and the feeling of my body in the seat. At lunch, I sat outside with my electronics stashed away, focusing on the food in front of me, the cold nipping my skin, and the sun’s warmth on my face. I spent the first hour of my day screen-free, savouring the simple process of getting ready without anything playing or scrolling in the background. Still, I’m far from healed. I often feel the urge to drift toward my phone, thumb hovering in quiet moments. Sometimes, I catch myself; other times, I give in. But I believe that any effort toward a more mindful day is worthwhile. So, while the kernels of my internet addiction are still sizzling, I’m hopeful that, with time, I’ll reach a popcorn-free state of mind.

QUID NOVI •19 NOV 2024

Vol 46 ● No 06

SONGS YOU NEED TO HEAR BEFORE THE END OF YEAR Sébastien Offredo | 2L

Chappell Roan – “Good Luck, Babe!”: Self-explanatory and inescapable, this song has a special place in my heart. The baroque pop song is a look at the costs of not being your honest self: “I hate to say it, but I told you so.” Say what you will about Chappell’s articulation of her politics or conflicts with paparazzi, but everyone will be paying attention to what she has going on next. Our Spotify Wrappeds are on the verge of releasing— the perfect time to publicly showcase your music taste in hopes that your friends and acquaintances will relate or care. For my final Quid Novi piece of the semester, I would like to direct everyone towards ten great songs that were released this year. Sorted by popularity, ranging from 930 million streams (unavoidable) to just 500,000 (mysterious).

Ariana Grande – “The Boy is Mine”: Ariana has survived many controversies, though allegations that she caused her coworker’s divorce seemed to have particularly estranged fans. Ariana’s response? Playing the role of a homewrecker, she sings over a sleek 90s R&B beat to let everyone know that Spongebob is hers, not his infant son’s. What a lovely piece.

Charli xcx & Bb trickz – “Club classics”: I could nominate any song from Brat but have decided to highlight one of my favorites from the remix album. Charli’s fiancé George Daniel transformed “Club classics” into an acid house hit with dramatic 2012 synths. The remix adds a fun Bb trickz feature about gelatinous dancing. I first picked up on Bb earlier this year (“Missionsuicida”), so it was nice to see the Spanish meme rapper get a mainstream co-sign.

QUID NOVI •19 NOV 2024

Tyler, the Creator & Daniel Caesar – “St Chroma”: A great intro for a great album. Daniel Caesar makes Canada very proud.

Beyoncé – “Tyrant”: This is among the many phenomenal songs off the critically-acclaimed-yet-overlooked Cowboy Carter. Beyoncé’s attempt at pop country was not for everyone, but those who don’t like it are in the wrong. “Tyrant” is an amazing work of country trap.

Doechii & JT – “Alter Ego”: Opening with a sample of the iconic Ayesha Erotica, this club hit has manic energy from start-to-end with no brakes, only strutting. Pair this with the music video where Doechii is cruising through the swamp shooting a gun aimlessly; I am unsure how Canadians react to this, but it is perfectly Floridian. Doechii is on her way to stardom, so expect to see her name often next year.

Kaytranada & PinkPantheress – “Snap My Finger”: While Kaytranada’s recent effort Timeless is the weakest of his three solo albums, this bonus track was a clear standout. Pantheress’ infectious and catchy vocals over electronic production is a perfect match. I had an opportunity to see Kaytra’s hometown show in September after following his career since his SoundCloud days, with this song drawing some of the loudest reactions from the audience.

Ayesha Erotica – “Superp***”: Ayesha returned from her five-year hiatus, dropping singles here-and-there while still deciding on what her comeback album will look like. The themes of this song are quite explicit; since I don’t plan on getting censored by the Quid (again), I will leave it at that.

Nia Archives – “Nightmares”: Archives is at the forefront of the women-led revival of UK jungle, with any song from her debut album, Silence is Loud, being worth a listen. Archives uses the upbeat drum-and-bass production of this song to wrestle with the nightmare that is a manchild—check it out

Tiny Tax Band – “Girls Just Want a Refund”: McGill Law’s very own tax band with parodies making the rounds on Spotify, Instagram, and LinkedIn (the holy trinity of a successful music career). No quirky description I could write today would be better than the song itself.

EDITOR-IN-CHIEFS RÉDACTEURS EN CHEF Anna McAllister Jessica Keer Li Pablo Mhanna-Sandoval SOCIAL MEDIA DIRECTOR DIRECTRICE DES RÉSEAUX SOCIAUX Gabrielle Torrealba ART DIRECTOR AND LAYOUT EDITOR DIRECTRICE ARTISTIQUE ET ÉDITRICE DE MISE EN PAGE Souang Wu COPY EDITORS SECRÉTAIRES DE RÉDACTION Brandon Grimaldi Despina Tritos Kimberley Baronet Paul Ye COLUMNISTS CHRONIQUEURES ET CHRONIQUEUSES Adele Weschler and Benjamin Foster for the MJSDL Heeva Chavoshi Sébastien Offredo CONTRIBUTORS CONTRIBUTEURS Catherine Zhang 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 © 2024 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.