Ultra Vires Vol 20 Iss 6 — March 2019 by Ultra Vires

ULTRAVIRES.CA

MARCH 27, 2019

VOL. 20, ISS. 6

THE INDEPENDENT STUDENT NEWSPAPER OF THE UNIVERSITY OF TORONTO FACULTY OF LAW

Law Ball 2019: Laws Vegas

Faculty Council Discusses New Building, Gender, Accessibility and Diversity, and CDO Still no mandatory course for indigenous law, but the NCA might mandate it within two years ERNEST TAM (1L) On Wednesday, March 20, the Faculty Council met for the sixth time this academic year. The following topics were discussed.

THIS YEAR’S LAW BALL TOOK PLACE ON SATURDAY, MARCH 9 AT THE LIBERTY GRAND. PHOTO CREDIT: JONATHAN LEE, COURTESY OF JONCFLEE PHOTOGRAPHY (WWW.JONCFLEE.COM).

A Moot Point

Reflections on the 2018–19 mooting season

TOM COLLINS (2L) AND MATTHEW PRIOR (2L) UV recently ran a survey, polling students on the mooting experiences they had this academic year. The main idea was to help prospective mooters make informed decisions. However, we also sought feedback from coaches, with a view to improving the program more generally. 32 mooters and 8 coaches responded to the survey—all participants in one or more competitive moots. As a result, we do not have enough data to present well-based statistics on mooting this year. Instead, we will highlight some general trends in student responses which might be helpful for students considering mooting or coaching next year. Every one of the respondents found that mooting was an overwhelmingly positive experience. All of them would recommend their moot to classmates. That probably echoes what you have heard in mooting information sessions, but the respondents highlighted a few reasons for that sentiment. First, the vast majority of respondents felt like they were well-supported by their teammates and by their coaches, on the various responsibilities

they had, be they researching the problem, writing a factum, or polishing speaking style. Second, respondents felt that mooting was an excellent way to hone their written and oral advocacy skills. Many respondents were also happy to gain some insight into what a career in litigation might look like. A substantial number of the respondents had either an existing interest in litigation or a desire to find out whether they would like to pursue that line of work. Third, a number of respondents found that mooting was a positive social experience, which provided good opportunities to bond with fellow mooters. Although mooting, generally, was something that all but one respondent would recommend, the majority of respondents also wished that they had known how much work the moot would be. A few of the respondents put this down to the disparity between the credit value of the moot and its workload, relative to similarly credited classes. One respondent explained, “Most moots are worth 3

credits at 0.75 weight. Mine [also 3 credits] felt more like 8 credits at 1.25 weight”. Turning now to the coaches, almost every coach who responded to the survey had a positive experience coaching, and agreed to coach because they wanted to give back to the law school community. Most coaches were satisfied with their team’s efforts during the moot. Coaches recommended improvements to two areas of the mooting program in particular. First, coaches felt as though the paper requirement to receive credit for coaching is unreasonable considering the amount of time and effort they put into coaching. Second, coaches would appreciate more support from faculty and the Moot Court Committee. An increased study room booking allowance was one suggested improvement. As a final note, Will Eberlee (2L) was apparently a delight to coach. We are not sure whether Eberlee found being coached as delightful. His noted dour expression during the mooting process may or may not indicate his feelings on the matter.

90 Queen’s Park Crescent Dean Iacobucci started the meeting by commenting on the current status of the proposed nine-story building at 90 Queen’s Park Crescent, which will house the School of Cities and provide facilities for the Faculties of Arts & Science, Law, and Music. The Dean noted that in the current proposal, which is (optimistically) set to break ground in 2020, the northwest corner of Falconer Hall will be demolished and the remainder incorporated into the new building. Although the Dean was unsure if this would be beneficial for the law school’s operation, he said that the City has already restricted how much of Falconer Hall can be demolished and that the Faculty of Law will have rights to some of the space in the new building. However, there are still concerns with temporary space for law school programming during construction. Black Law Student Recruitment Students’ Law Society President Solomon McKenzie (3L) discussed the work the Black Law Students’ Association and Assistant Dean Alexis Archbold have been doing to address the underrepresentation of Black students in the Faculty. Their current plan is aimed at three specific areas: ‘piperline,’ ‘admissions,’ and ‘academic success’. McKenzie commented that “part of the work that we are doing is signaling that U of T is a space that is taking Black student success seriously.” The pipeline aims to create programming focused on issues that Black students face before entering law school. Objectives include breaking down barriers to education and fostering interest in a legal career. Programming includes “Law in Action Within Schools”, “See Yourself Continued on Page 5

ALSO IN THIS ISSUE LAW BALL PHOTOS

RIGHTS REVIEW

1L HIRING NUMBERS

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UV INDEX

EDITOR'S NOTE

84 Queen’s Park Crescent Toronto, ON M5S 2C5 Ultra Vires is the independent student newspaper of the University of Toronto Faculty of Law. We provide a forum for diverse viewpoints on topics of interest to our readers. We aim to foster dialogue on academic and social issues between students, the faculty, and the broader legal community in Toronto, Ontario, and Canada. Our content does not necessarily ref lect the views of the Editorial Board. Ultra Vires is printed by Master Web Inc.

EDITORS-IN-CHIEF Chloe Magee & Honghu Wang NEWS EDITOR Matthew Prior ASSOCIATE NEWS EDITORS James Flynn & Melody Chan FEATURES EDITOR Daryna Kutsyna ASSOCIATE FEATURES EDITOR Michelle Huang OPINIONS EDITOR SuJung Lee ASSOCIATE OPINIONS EDITOR Alina Yu DIVERSIONS EDITOR Rory Smith ASSOCIATE DIVERSIONS EDITOR Vacant—apply to editor@ultravires.ca EDITORS-AT-LARGE Tom Collins SUPERNUMERARY EDITORS Rachel Chan, Lily Chapnik Rosenthal, Robert Nanni, & Norm Yallen COPY EDITOR Ioana Dragalin LAYOUT EDITOR Alexandra Fox ARTISTS Andrew Luba & Shari Nathan

ADVERTISING If you are interested in advertising, please email us at editor@ultravires.ca.

ERRORS If you notice any errors, please email us at editor@ultravires.ca.

SUBMISSIONS If you would like to submit a tip, letter, or an article, please email us at editor@ultravires.ca. Ultra Vires reserves the right to edit submissions.

This year, we have been humbled to hear from such a broad, diverse cross-section of the law school. Your stories have been motivating, sobering, and, above all, eyeopening. We started this year with the hope that our little newspaper could foster dialogue on issues important to our community, both here at U of T Law, and more broadly in Toronto. I like to think that we finished this year a little more engaged and a little more informed. We leave this newspaper in the capable hands of Melody Chan (1L) and James Flynn (1L). Together, they bring extensive journalism experience. We wish you the best of luck. Thank you to all of our contributors this year, and especially our tireless editors, who have dedicated many a nights for only the bare promise of pizza and burnt coffee. Together, we have published the work of 57 writers, who have together written 151 pieces totalling more than 96,500 words. Thank you to our readers, who eagerly line up every month to read our issues (I'm sure the free donuts help). Finally, thank you to our generous sponsors, without whom this paper would not be possible. And that’s a wrap! —Honghu Wang (2L)

NEWS Cannabis Law Panel

Voting for Diversity?

1L Recruit Numbers

Don't Trek to Israel

Faculty Hiring Numbers

In Vino Veritas

March Faculty Council

FEATURES

DIVERSIONS Rejected 1L Exam Q

Law Wins Jennings Cup

Tali Chernin Song

Law Hockey Team

Cooper's Study Guide

New Year, New Law

Bathroom Rankings

Interview with Neil Dennis

Intra Vires

Law Ball 2019 in Photos

Tort or No Tort?

Interview with Prof. Smith

Platonic Ideals of School

Oh, the Places You'll Go

OPINIONS Prison Conference

Food for Thought

Ref lection on Davies Moot

RIGHTS REVIEW The Homelessness Crisis

Taking Kaf ka out of Immigration Detention

Conversation with Ikponwosa 12 Ero

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NEWS

March 27, 2019 | 3

Cannabis Law Panel Discusses Budding New Industry Four lawyers play twenty questions ERNEST TAM (1L)*

PHOTO CAPTION: LEFT TO RIGHT: RUSSEL HALL, SAM CARSLEY, JONATHAN SHERMAN, MARK CAVDAR, BEN BARRETT (1L), ERNEST TAM (1L). PHOTO CREDIT: ILYA MOTAMEDI.

On March 7, the newly-minted Cannabis Law Club hosted its inaug ura l event w ith four panelists—t wo in-house law yers and t wo from ful l-ser v ice f ir ms—who prov ided a d iverse range of opinions on the current state of cannabis law in Canada. The panelists gave some insight on what it is to “pract ice cannabis law”, the d irect ion of the cannabis industr y, and some current and future lega l issues in the f ield. The event was wel l-attended and the aud ience was wel l-fed w ith sweet-and-sour chicken and chow mein. W hen asked to comment on the heav y restr ict ions placed on the industr y, the panel genera l ly ag reed that the current reg ime is pr udent. Russel l Ha l l, an A ssociate at Dav ies Ward Phil lips & Vineberg L L P, a lso commented that a lthough “restr ict ions are ver y t ight, the Cannabis Act is subject to rev iew after three years. Maybe at that t ime, it w il l be more libera lized.” However, Mark Cavdar, Director of L e-

ga l A f fairs at Aphr ia Inc., thinks that adopt ing the tobacco sa les and market ing reg ime for cannabis was the path of least resistance but is ult imately misa lig ned w ith the aims of lega lizat ion. “Cannabis is st il l sold like a bag of poison”, Cavdar commented in reference to the lack of brand ing on retail cannabis products, each af f ixed w ith a red stop sig n w ith a cannabis plant inside. “ We have to combat this st ig ma and current restr ict ions are not a lig ned w ith the goa ls of the system.” Jonathan Sher man, Par tner and Co Chair of Cannabis Group at Cassels Brock & Blackwel l L L P, remained opt imist ic in the de-st ig mat izat ion of cannabis. “No one k nows about cannabis and companies can’t adver t ise it nor infor m consumers… we have a few months of recreat ion, but not rea l ly. We don’t have any stores in Ontar io. Once we see what it is like to have stores, things w il l change from there and [the public percept ion of cannabis] w il l

probably shift away from something like tobacco to something more like a lcohol.” The panel had mixed feelings on the “g rey market” and il lega l mar ijuana d ispensar ies current ly in operat ion. Cavdar ack nowledged the presence of the g rey market, but stated that joints and mar ijuana buds w il l be quick ly outdated: “There w il l a lways be a dea ler, and some people w il l use them. But innovat ion in the industr y w il l cut the market. People won’t touch f lower in 10 years.” Hall highlighted the importance of accessibility and education, which was heavily lacking pre and post-legalization: “So many people went back to dealers. Many people think the grey market areas are legal but they are fully illegal. There needs to be better education on legitimate sources.” For law students that want to get involved in the cannabis-space, Ha l l suggested look ing up the actua l leg islat ion scheme to understand the reg ulat ions surround ing

the industr y, as wel l as subscr ibe to press releases from a l l the major cannabis companies to stay updated. Sherman adds that “cannabis law” is similar to “sports law” in that is related to many other areas of law, whether it be real estate, M&A, securities, or intellectual property. In this regard, lawyers from nearly every f ield of law have opportunities to work with cannabis, albeit to varying degrees. “Any highly regulated industry lets you move into cannabis”, Cavdar added, as he credited his previous in-house position at an international tobacco company in helping him get to his current role at Aphria. The views and opinions expressed in this article are those of the panelists and do not necessarily ref lect the off icial position of Aphria Inc., Canopy Growth Corporation, Cassels Brock & Blackwell LLP, Davies Ward Phillips & Vineberg LLP, or the Cannabis Law Club. *Ernest Tam (1L) is an executive member of the Cannabis L aw Club.

NEWS

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Toronto Summer 2019 1L Recruitment Results 66 1Ls hired; 17% more than last year MELODY CHAN (1L) AND JAMES FLYNN (1L) This year’s 1L Recruit took place during reading week, February 19 –21. Overall, Toronto employers hired 66 students; 23 of those were from U of T and 21 were from Osgoode. The hiring numbers are about 17% higher than last year’s, when employers hired 57 students.

Some f irms that participated last year did not participate this year. Bennett Jones LLP did not participate in the 1L Recruit this year as they hired more students than expected from the 2L process, according to Christopher McKenna, the Manager, Student Recruitment and Programs for Ontar-

take part in the formal recruit or at jobs unrelated to law. Some, of course, will choose to spend their 1L summer nowhere near anything law-related; that may, in the long run, be for the better. Note that JD numbers in the below chart include non-JD/MBA joint-degree candidates.

io at Bennett Jones (Bennett Jones advertises in Ultra Vires). It is important to note that the 1L Recruit only makes up a small fraction of f irst-year summer hiring. 60 f irst-year students were hired through the Faculty Hiring process. Others may work at law f irms that did not

Faculty Hiring Numbers Sixty 1Ls get jobs through the Faculty for the summer MELODY CHAN (1L) AND JAMES FLYNN (1L) The Career Development Of f ice reported a total of 87 Faculty positions open to University of Toronto law students of all years for the summer of 2019. As expected, the majority of the jobs went to 1Ls, for whom law f irm positions are more limited. Downtown Legal Services was the largest employer, hiring 22 students in total. The IHRP was also a large summer job provider, giving 18 fellowships to 1Ls who will pursue roles with human rights organizations all over the world.

Employer Asper Centre

1L hires

2L hires

3L hires

Callwood Fellowship Case Book RA Program

TBD 4

N/A

Donner Fellowship

Downtown Legal Services

Future of Law - Blue J Legal Internship

2 3

22 10

International Human Rights Program (IHRP) RA IHRP Fellowship

Law in Action within Schools (LAWS)

4 1 18 5 1

1 2

2 TBD

Tuohy Fellowship TOTAL

1 1

PBSC Family Law Project SLS Fellowship

Law School Access Program (LSAP) Instructor Lenczner Slaght Advocacy Internship Award

7 2

Gerald Schwartz RA

Pro Bono Students Canada

4 6

Debwewin Program

Hatchery Law Connector Internship

Total Number of Positions 2

N/A 1

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NEWS

March 27, 2019 | 5

Faculty Council Discusses New Building, Gender, Accessibility and Diversity, and CDO (Continued from page 1) ada (FLSC), indicated that the National Committee on Accreditation (NCA) at the FLSC would likely require all law schools to implement a mandatory first-year course on Indigenous Law within the next two years. He said that the deans of the Canadian law schools were strongly opposed to this move; he maintained that any mandatory course should be the initiative of individual law schools and not the NCA.

A RENDERING OF THE NEW U OF T BUILDING LOCATED AT 90 QUEEN'S PARK (RENDERING BY BLOOMIMAGES, COURTESY OF DILLER SCOFIDIO + RENFRO).

Here”, and a strategic partnership with Leadership by Design. This year the BLSA, in conjunction with the Faculty, held its first-ever “Black Future Lawyers” event aimed at undergraduate students, with Justice Rita Maxwell as the keynote speaker. For admissions, the Faculty aims to change how they review the personal statements of Black applicants by having at least half of the review panel consisting of members of the Black community. This change would not affect the admissions requirements. McKenzie noted that similar changes were made in the medical school admissions system, and they went from admitting “one [Black student] per year to a class of 13 the first year they rolled out this program.” The hope is to implement this change in two years once the pipeline has started to have a noticeable effect. To improve academic success, supportive communities would be built to ensure that Black law students are succeeding while in law school. The belief is that students with strong social capital and strong connections to the legal community will develop a deeper cultural competence of the legal world and gain the tools they need to thrive in the law school environment. This program will involve alumni collaboration and will attempt to create a connection between Black students and alumni as early as possible.

Ontario Government Tuition Cuts Dean Iacobucci briefly commented on the Ontario government’s tuition cuts, announced in late-January. He stated that he does not know how the cuts will impact financial aid, and the Faculty is still working through the implications of the budget changes with the Provost. He could not provide any predictions either, as “[Universities] don’t really know what the rules of the game are because the Province is, as someone put it, building the car as they are driving it.” [Editor’s note: The Dean put it that way at February’s Faculty Council meeting.] Gender, Accessibility and Diversity Committee Update Assistant Dean Alexis Archbold provided some

the lack of Indigenous legal scholars, on the updates on the Gender, Accessibility, and Dione hand, and incoming students lacking versity Committee. In the 2016–2017 academic suitable knowledge of Indigenous history year, the Committee surveyed JD and graduate necessary for meaningful discussions of Abstudents. The survey asked a series of questions original law, on the other. Instead, the Comrelated to students’ experiences at the law mittee recommends that the equivalent of a school, focusing on diversity issues, including two-credit course (24 hours of instruction) be socioeconomic background, disability, parent scattered throughout the or caregiver status, English 1L curriculum, such as in language proficiency, race, Property Law, Tort Law, religion, age, sexual orien“Part of the work that and Constitutional Law. tation, and gender. Since we are doing is The Committee recogthen, they have developed twenty-four recommendasignaling that U of T is nized that they might run into issues of academic tions for the Faculty of a space that is taking freedom by imposing any Law, and this year they Black student success mandatory curriculum reprioritized three: (1) Deseriously.” quirement, but they were velop a general student hopeful that professors feedback and complaints —Solomon McKenzie (3L) would be proactive in inteprocess and post it on the grating Indigenous Law website; (2) Develop an emtopics within their firstployer/recruitment student year courses. complaint process and post it on the website; Dean Iacobucci, who sits on the Canadian and (3) Revamp the current diversity, equity, Common Law Program Approval Commitand inclusion page on the website. tee at the Federation of Law Societies of CanCurrently, the subcommittee has a final draft detailing the procedures for students to provide and make general feedback and complaints. This will be posted before the next academic year on the Faculty’s website. For the recruitment complaints process, the Committee undertook student consultation by developing and disseminating a survey for JD students. Conflicting views among the student body, concerns of anonymity, and a general lack of consensus complicated the student consultation process. As a result, the Committee could not determine a CDO recruitment complaint response policy. They recommended that the committee be tasked by the Dean to continue this project in the 2019–20 academic year.

Truth and Reconciliation Commission Implementation Committee Update Professor Douglas Sanderson provided some updates on the Truth and Reconciliation Commission Implementation Committee (TRCIC). The TRCIC continues to maintain that it would not be feasible to implement a mandatory course in Aboriginal law, due to

Career Development Office Update Neil Dennis, Director of the Career Development Office (CDO), ended the meeting discussing some of the CDO’s current work. Dennis discussed some statistics for the Class of 2018: 98% of those seeking articling positions were successful; 80.1% of the Class secured employment in Private Practice, 12.75% at Government and Public Interest, while 7% were Clerking; and 8.7% of the graduating class started their legal career in New York City. The CDO is still in the process of collecting information on graduation and summer employment plans for current law students. Thus far, 78% of 3Ls reported on their employment plans and, of those that have responded, 92% have secured articling positions. For 2Ls, 70% reported on their employment plans, with 80% of those reporting having secured summer employment. Dennis did not discuss this year’s 1L recruit employment numbers, but did note that, historically, U of T Law has secured roughly half of the available positions in the recruit. Dennis did note that there were 90 positions available for the Faculty Hiring process, which include Research Assistantships, clinic jobs, and externally funded fellowships. Roughly 60-70 of those positions had been filled. Dennis specifically noted that, at the time of the meeting, only five of the seven Donner Fellowships have been awarded. Dennis said that the process of finding two additional students interested in working in public interest is ongoing. Professor Mohammed Fadel asked “how many New York firms come to U of T Law for the recruit and how can we increase this number?” Dennis responded that six firms do OCIs and another six do resume-drops. Dennis stated that his goal for this year is to have more resume drops as “we [the Faculty] don’t have enough room for more than 6–8 employers on campus… and we would probably need to switch venues if there were more.” Additionally, the CDO is currently looking at building relationships with Boston firms because Boston has a sizable legal market and Canadian JD graduates can write the bar exams in Massachusetts.

A SITE PLAN FOR THE BUILDING, WHICH IS LOCATED ON THE WEST SIDE OF QUEEN'S PARK (COPYRIGHT DILLER SCOFIDIO + RENFRO).

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FEATURES

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Fall Recap: U of T Law Hockey Wins Jennings Cup Law hockey ends 16-season championship drought SPENCER PAVECK (2L)*

TOP, LEFT TO RIGHT: SHIMON SHERRINGTON (2L), MATT BROOKER (1L), MIKE JANKOWSKI (2L), OMAR SAEED (2L), MICHAEL CAIN (2L), WILL EBERLEE (2L), CODY KOBLINSKI (2L), MATT MAICH (1L), PATRICK PINHO (1L), KEVIN MADDEN (1L), CHRIS KOWAL (2L). MIDDLE, LEFT TO RIGHT: JONAS MUTUKISTNA (2L), D’ARCY WHITE (2L), NIC MARTIN (3L), SPENCER PAVECK (2L), ROBBIE MARKS (2L). BOTTOM: COLIN ROMANO (3L).

The Men’s Law Hockey team completed their successful run to the intramural championship in the Fall 2018 season. Matched up against one of their greatest r ivals, the Facult y of Physiotherapy and Occupational Therapy ( P T/OT ), the Law team eked out a close-fought 4 –2 v ictor y. In a game that came down to the f inal minutes, the Law team showed their teamwork, their focus and, above all, a work ethic evocative of their dedication to academics w ithin the Facult y of Law. Law opened the scor ing w ith a goal from William Eberlee (2L , no relation to the exOilers w inger of the same name). Eberlee per fect ly placed a shot from the high slot that evaded the outstretched glove of the goaltender. Not long after, M ichael Cain (1L , no relation to Bruce Wayne’s but ler) added to Law’s lead w ith a thr illing indiv idual ef fort. Cain f lew down the r ight w ing, snatched the puck away from an unsuspecting P T/OT defender in the corner, and then tucked the puck in short side. The P T/OT team were dangerous w ith their speed all night, creating a number of

odd-man rushes. At the beg inning of the f inal per iod, P T/OT capitalized on a 2-on1 break and cut the Law lead in half. Fortunately, the Law defence regrouped around star goaltender Colin Romano (3L), and this renewed intensit y stif led the potent P T/OT of fence for the duration of the game. In particular, special recognition should go to the fearless fan favour ite Omar Said. He saved a sure goal by putting his body in harm’s way w ith a heroic dive to block a w ide-open slapshot. M inutes later, he repeated the feat in spectacular fashion dur ing a crucial penalt y k ill. Standout rook ies Kev in Madden (1L) and Matt Brooker (1L) collaborated to notch Law’s pivotal third goal. With under four minutes remaining, Brooker danced past an unsuspecting defender and f ired a how itzer of a shot on goal. W hile the goalie made a beautiful save, the puck bounced out direct ly onto Madden’s stick, and he made no mistake in f ir ing the puck of f the post and into the net. P T/OT temporar ily got w ithin one goal of Law, as they pulled their goalie for an

extra attacker. A long shot from the point was inadvertent ly tipped tw ice on its way to the net, and Romano stood no chance of seeing the puck. Thank fully for Law, Brooker quick ly responded w ith a beautiful empt y net goal w ith under a minute remaining to put the game out of reach. A s the buzzer sounded, the sold-out Varsit y A rena erupted w ith cheers and an ovation, interspersed w ith the jubilant outcr y from Law. Law and P T/OT respectfully shook hands and exchanged w ishes of congratulations w ith compassionate remarks of “good game” and “ better luck next year.” Needless to say, P T/OT w ill be busy rehabbing their bruised egos dur ing the of fseason. A fter P T/OT cleared the ice, U of T Intramurals Commissioner Barr y Gettman presented Law w ith the fabled Jennings Cup. The Jennings Cup is preeminent among hockey histor ians for being the longest consecutively-awarded ice hockey trophy in the world. Awarded annually to the top U of T hockey facult y since 1898, it

out lasts even Lord Stanley’s Cup, which was not awarded in 1918–1919 due to the Spanish Inf luenza pandemic. A s each member of the Law team tr iumphant ly lifted the Jennings Cup above their heads, the raucous crowd stamped their feet and cheered until their throats were hoarse. The celebration continued in Law’s dressing room w ith the g uzzling of champagne from the r im of the Jennings Cup. A lthough unconf irmed, rumours abound of a prolonged celebration at Heming way’s until the early hours of the morning. One can only assume that Law was busy re-hydrating for their arduous training reg imen over the of fseason. The Facult y of Law’s championship represents the culmination of a long and haphazard rebuilding ef fort for the stor ied franchise. Falling into disrepair since their last v ictor y in the 2010 Winter season—the controversial “Feathered Snail game”— Law has f inally crawled its way back to car ve its place in intramural histor y. *Spencer Paveck (2L) is on the Men’s L aw Hockey Team.

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FEATURES

March 27, 2019 | 7

U of T Law Hockey Team Head to Playoffs to Defend Title General Manager’s scouting and recruitment critical to team’s success SPENCER PAVECK (2L)* The Men’s Law Hockey team faces a formidable challenge, as they head to the Winter 2019 Playof fs seek ing to defend their championship tit le and retain the Jennings Cup. Their histor ic Cinderella run of seven consecutive v ictor ies to the Fall Championship has boosted expectations for the team, and fans w ill only be placated w ith back-toback tit les. Law’s handsome General Manager, Ned Hockebucci, has thus far been able to recreate his illustr ious manager ial moves from the past two seasons. Hockebucci was hired by the club in 2015 pr imar ily for his economic ef f iciency in management st yle, and for his advanced approach to analytics and scouting. He quick ly proved his abilit y in the 2017 Entr y Draft by selecting a sk illed cohort of enthusiastic players who became the foundation for the club. A mong these players are Law co-captains Spencer Paveck (2L) and Robbie Marks (2L); defencemen Will Eberlee (2L), Cody Koblinsky (2L), and Shimon “Shimmer” Sherr ing ton (2L); and for wards M ike Jankowsk i (2L), M ichael Cain (2L), and Zachar y Green (2L), who later severed his ties w ith the Law team in order to study for an M BA “exam” worth 2% of his f inal grade. Law’s Sierra Leonean consiglieres Omar Saeed (2L) and Jonas “Grand Mut” Mutuk istna (2L) were also crucial members of this Draft class. Team executives and fans alike were pleased to see their safe return to Canada after their stint on the now-disgraced Sierra Leone Vice President’s personal hockey team. Hockebucci demonstrated that his drafting accomplishments in the 2017 were no f luke and redoubled his ef forts for the 2018 Entr y Draft. Hockebucci’s handpicked scouts on his Hockey Recruitment and Admissions Committee ( Facult y Council) were able to draft former Junior hockey players Kev in “Showtime” Madden (1L) and Matt “Brooksie” Brooker (1L), when they were in high demand from other A mer ican clubs for their of fensive prowess. Hockebucci drafted current National Bench Press Champion Patr ick Pinho (1L) to further bolster a potent of fensive cor ps. Hockebucci and his Facult y Council did not neglect the defensive side of the ice, drafting star puck-handler Matt Maich (1L) and cardio enthusiast Scott Wodhams (1L). A lthough rumours abound that some of these young players were enticed to join the Universit y of Toronto through improper payment of facult y grants, this remains baseless speculation. Hockebucci was nearly as active in the 2018 free agent market. In addition to signing current M V P Chr is Kowal (2L) for the reasonable pr ice of a new set of equip-

ment, he also conv inced early retiree Nic Martin (3L) to lace up the skates for two f inal seasons. Martin was able to shake the rust of f his skates and his abilit y to hammer home tough rebounds proved to be invaluable to Law’s success last season. Hockebucci and his Facult y Council have busily worked the phones to acquire veteran talent to complement the younger players on the Law roster. Hockebucci has clearly asserted that he is not afraid to sign free agents from the upstart European Exchange Hockey Leag ue ( EEHL). A lthough many pundits believe the EEHL is super f luous due to its exorbitant liv ing costs and its lack of even a rudimentar y training reg imen, there is no question that it is a preferred destination for veteran players look ing to renew their careers. Hockebucci has already pr ied away three of the leag ue’s top stars in Jessy “Mootin’” van Kooten (3L), K ieran “Mayhem” May (3L), and Josh “Old Man Winnipeg” Watts (3L). Van Kooten and May joined Law w ith considerable chemistr y from play ing together on the top line of the Geneva Suisse Creditors. A lthough somewhat injur yprone in his old age, Watts (formerly of A msterdam’s Red L ight Racers) represents decades of hockey exper ience, and has been instrumental in helping develop Law’s young stars. Highly sought-after head coach D’arcy “Coach Torts” W hite (2L) has shown his innovative chops in exper imenting w ith his deep lineup and building team chemistr y. A lthough his infamously grating st yle and harsh words have been highly cr iticized by former players, there is no doubt that his st yle br ings success. Law defenceman and darling of the advanced stats communit y Eberlee commented after a recent practice: “Coach Torts is the best coach in the leag ue. Tough, but fair. Manages the egos in the room (see Kowal, Chr is) br illiant ly. Don’t even think about not getting back on D.” Coach Torts’ high hockey IQ , his in-game adjustments, and his opportune timeouts are a central component to Law’s future achievements. Hockebucci has reportedly already beg un look ing ahead to the 2019 Entr y Draft, in particular to f ind a replacement in net for retir ing goaltender Colin Romano (3L). No matter who he f inds, there is no question the new goalie w ill have Chara-sized skates to f ill. Romano has proved again and again that he is the heart and soul of the Law team, and his dependable yet often highlight-reel play has stolen count less w ins for his teammates over the years. He is w idely considered to be the leag ue’s top goaltender, and looks to cap his impressive accolades w ith another

championship in the playof f season. A fter 9 long seasons of haphazard rebuilding ef forts, Law has f inally found success w ith its disting uished lineup, crafted by the shrewd Ned Hockebucci. The current iteration of the Law team is a tantalizing combination of stars in the midst of the pr ime of their careers, upand-coming young talent, and veteran leadership. A s Law heads to the playof fs w ith the undiv ided support of their fanbase, it hopes to enshr ine itself and its esteemed facult y in glor y once again.

Note: Some elements of this article have been embellished for humour. At the time this article was written , L aw had notched a berth in the semi-f inals to continue their title defence and retain the Jennings Cup. U V and its editors wish the team the best of luck in the seasons to come. *Spencer Paveck (2L) is on the Men’s L aw Hockey Team.

8 | March 27, 2019

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New Year, New Law Cases to look out for in 2019 CHLOE MAGEE (3L) These days, with the perpetual barrage of political developments possessing just enough shock value and urgency to hog the public’s attention, Canadian legal decisions often get lost in the fray. It would not even be a stretch to suggest that, on the whole, President Donald Trump’s tweets received more airtime in 2018 than decisions from the Supreme Court of Canada.

That being said, we would be remiss to allow our attention to be diverted too long from our top court. This year promises to be revelatory for the direction of certain controversial areas of Canadian law. In the remaining months of 2019, the Supreme Court is set to release several decisions related to hot-button issues dominating today’s political debates, including myths about sexual assault complainants, cases

on immigration detention, and allegations of police overreach. Recent buzz in the legal profession has largely been centered around upcoming rulings in cases such as Nevsun Resources and the administrative law “trilogy,” and these cases have been exhaustively summarized elsewhere. I decided instead to focus on several other cases that seem equally worthy of

our scrutiny, as they may soon shed light on how our law will handle various weighty subjects going forward. Note: According to the Supreme Court’s website, decisions are rendered on average 6 months after the hearing of the appeal. This means that some of cases below may be released in the coming weeks.

Who? When?

What?

Why should we care?

R v Le, heard on Oct. 12, 2018

In May 2012, Mr. Le, who was 20 years old at the time, was sitting with four other young men in their friend’s backyard in downtown Toronto (the “Dixon backyard”). Three police officers were in the neighbourhood looking for two suspects, and were informed by security guards that the Dixon backyard was a “problem area.” The officers located the backyard and, without asking permission, entered through an open fence with no gate. While asking the men for ID, one of the officers perceived Le to be acting nervous and “blading” his body (which, in police terms, means positioning oneself so as to hide an object on one’s hip). When Le was asked what was in his bag, he fled the scene. The officers chased, tackled, and arrested Le, finding him in possession of a loaded handgun, 13 grams of cocaine, and cash. At trial, Le argued that the police violated his s. 8 Charter right to be free from unreasonable search (by unlawfully entering the backyard) and his s. 9 right to be free from arbitrary detention (by questioning him and his friends in the backyard). He argued that, as a result of these breaches, the evidence should be excluded under s. 24 of the Charter. The trial judge rejected all of Le’s arguments. The majority of the Ontario Court of Appeal dismissed the appeal.

Reasonable expectation of privacy This case is noteworthy because, in addition to being the subject of this year’s Callaghan Memorial Moot, it once again provides the SCC an opportunity to clarify the ever-elusive and controversial meaning of “privacy” under s. 8. More specifically, this case asks the Court to consider whether an invited guest has a “reasonable expectation of privacy” in a friend’s home or backyard during the course of their visit. Both the trial judge and the majority on appeal answered this question in the negative. Lauwers JA, however, penned a forceful dissent. He rebuffed the proposition that, on the one hand, hosts have full Charter protections in their home while their guests, on the other hand, are considered to have left theirs at home. Lauwers JA urged that the majority’s logic “be rejected as utterly inconsistent with ordinary life in our free and democratic society.” Finally, this case raises further questions about the exercise of police authority. Lauwers JA disagreed with the majority that the initial police entry into the backyard was lawful, expressing doubt “that the police would have brazenly entered a private backyard and demanded to know what its occupants were up to in a more affluent and less racialized community.”

Minister of Public Safety and Emergency Preparedness v Tusif UR Rehman Chhina, heard on Nov. 14, 2018

Mr. Chhina, a Pakistani citizen, has been held in Canadian immigration detention since November 17, 2015. After losing his immigration status in Canada, the Canadian Border Services Agency (“CBSA”) took steps towards returning him to Pakistan, but Pakistan refused to issue travel documents. Chhina applied for the writ of habeas corpus on the basis that his detention was lengthy and indeterminate. The writ of habeas corpus, which originated as a common law remedy and is now entrenched in s. 10(c) of the Charter, provides the right to be released from detention if it is unlawful. While a person detained by the state may always challenge their detention under habeas corpus, the court may decline to hear the application under two exceptions. One of these exceptions is where Parliament has instituted a “complete, comprehensive and expert statutory scheme” at least as broad and advantageous as habeas corpus. The chambers judge declined to hear Chhina’s application on the basis that the above exception to the availability of habeas corpus applied. In other words, the chambers judge held that the Immigration and Refugee Protection Act (“IRPA”) institutes a “complete, comprehensive and expert statutory scheme.” The Alberta Court of Appeal allowed the appeal and sent Chhina’s application back to the Court of Queen’s Bench. The court concluded that the habeas corpus exception does not apply in certain circumstances where the detention is lengthy and of uncertain duration so as to violate ss. 7 and 9 of the Charter. In reaching this result, the court reasoned that habeas corpus differs in several important respects from the IRPA review process, rendering it a broader and more advantageous remedy to applicants.

Immigration detention Public criticism of immigration detention in Canada, as well as the legal system that enables it, is rising as the harsh realities of the practice continue to be exposed. The system has been explicitly condemned both internationally and domestically. For example, in Scotland v Canada (Attorney General), 2017 ONSC 4850 at para 2, Justice Morgan described one detainee’s situation as Kafkaesque: “no one knows why he is detained.” The Canadian government has acknowledged the problem and made some preliminary progress towards reducing the number of those incarcerated. Yet, Canada remains one of the only Western countries that has yet to impose a statutory or judicial time limit on immigration detention. It is thus common for immigration detainees in Canada to spend months or years in detention, despite having committed no crime. In July 2018, the CBC reported that the “CBSA detains an average of 7,215 individuals a year who each spend an average of 19.5 days behind bars” and that at least 439 people were incarcerated for over 90 days during 2016-17. The Chhina case emerges as especially significant against this background, as it may reveal whether and to what extent the SCC views itself as playing a role in improving the situation for immigration detainees. If the Court sides with the Alberta Court of Appeal, the absence of a statutory limit on immigration detention may be tempered slightly by enabling some detainees to challenge the validity of their continuous and lengthy detention using habeas corpus.

R v Barton, heard on Oct. 11, 2018

Ms. Gladue was found dead in the bathtub of a hotel occupied by Mr. Barton. She died from blood loss resulting from a tear in her vaginal wall. Barton admitted to causing the death, but claimed that it was an accident occurring in the course of consensual sexual activity. A jury found Barton not guilty of either murder or manslaughter. The Crown appealed the acquittals. The Alberta Court of Appeal ordered a new first degree murder trial.

R v Goldfinch, heard on Jan. 16, 2018

The complainant and the respondent had lived together for several months, and continued sexual relations after the relationship ended. On the night in question, the complainant testified that Mr. Goldfinch repeatedly hit her and engaged in sexual relations without her consent. Goldfinch argued that the complainant had consented or, alternatively, that he had an honest but mistaken belief in consent. Goldfinch was acquitted at trial. The trial judge allowed the defence to adduce evidence of the complainant’s sexual history in order to provide context and to convey the general nature and duration of the relationship between the parties. A majority of the Alberta Court of Appeal allowed the appeal and ordered a new trial.

R v RV, heard on Mar. 20, 2019

R.V. and his cousin, the complainant, were camping with extended family in July 2013. The complainant testified that R.V. lured her into a campground washroom where he sexually assaulted her. Later that year, the complainant found out that she was pregnant. R.V. was charged with sexual assault under the Criminal Code. By the time of the trial, the pregnancy had been terminated and confirmation of paternity rendered impossible. The Crown intended to rely on proof of the complainant’s pregnancy as evidence of the sexual assault. R.V. unsuccessfully brought an application under s. 276 of the Criminal Code to cross-examine the complainant on her sexual activity to disprove the inference advanced by the Crown. The Ontario Court of Appeal allowed the appeal, holding that the decision to prohibit R.V. from cross-examining the complainant on her sexual history in this case was in error.

Evidence of complainant’s prior sexual history Each of these three decisions was appealed on the basis that s. 276 of the Criminal Code was improperly applied by the lower courts. Section 276, often referred to as the “rape shield provision,” prohibits the admission of evidence of a complainant’s prior sexual history unless several requirements are met. Since the first “rape shield” provision was first introduced to the Code as recently as 1982, and has been amended since, the scope of the provision remains unsettled. In Barton, the court brought clarity to several previously ambiguous aspects of s. 276. The court affirmed that the provision applies to that case even though the offence charged is murder, not sexual assault. The court further clarified that s. 276 places obligations on the Crown, the defence and trial judges, and that the Crown’s failure to object to sexual history evidence does not make it admissible. The court also held that referring to the complainant as a “prostitute”—as the Crown did in this case—constitutes “sexual conduct evidence” that is inadmissible under s. 276. Importantly, the court in Barton rejected the defence’s argument that the evidence should be admitted because it is relevant to the “narrative.” In Goldfinch, the court relied heavily on Barton to reach a similar conclusion. If the SCC affirms both of these decisions, future defendants will face a higher hurdle in attempting to adduce evidence of the complainant’s sexual history. RV, on the other hand, emphasized that s. 276 requires a careful balancing of competing objectives: protecting complainants and allowing accused persons to make full answer and defence. The SCC’s decisions to grant leave to appeal in all three of these cases strongly suggests a desire to elucidate the scope of s. 276.

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March 27, 2019 | 9

Who? When?

What?

Why should we care?

Kosoian v Société de Transport de Montréal, scheduled to be heard on Apr. 16, 2019

In 2009, Ms. Kosoian was rummaging through her backpack on a Laval subway station escalator when an officer told her to hold the handrail and pointed to a nearby pictogram depicting a rider holding a handrail. Ms. Kosoian ignored the instruction, interpreting the pictogram as a mere recommendation. Upon request, she also refused to show the officer her ID. With the help of backup, the officer responded by arresting Ms. Kosian, detaining and handcuffing her in a separate room, searching her backpack, and issuing two tickets. A Montreal Municipal Court eventually acquitted Ms. Kosoian of the charges. Ms. Kosoian sued the officer and the City of Laval for unlawful arrest, claiming $24,000 in moral damages, pain, suffering, inconvenience, and exemplary damages. Her claim was rejected by both the trial court and the Quebec Court of Appeal.

Police officer’s knowledge of the law This case has garnered international coverage primarily due to the ease with which the facts can be summarized into a clickbait-y headline. Indeed, “Canadian woman arrested for refusing to hold an escalator handrail” is bound to pique interest. This case is equally intriguing, however, for the legal issues it raises. The particular question at issue is whether police officers may be held liable for carrying out an arrest based on an honest but mistaken belief in the state of the law. The majority of the Court of Appeal deemed the applicable standard of care to be that of a “reasonable police officer” in the circumstances, not that of a “lawyer or reasonable judge.” Shrager JA, in dissent, contended that arresting someone for a nonexistent offence should not be deemed legal simply because the officer acted in good faith. If upheld, this decision may afford wide latitude to police officers in justifying arrests on the basis of a sincere but false belief in the existence of a law.

New Director for the CDO Interview with Neil Dennis ALINA YU (1L) the position, but the students and what the school stood for that spoke for me. Howard didn’t have the same level of resources as Georgetown. So, I built much of their career ser v ices program up. Howard was the only universit y for me, in the United States. So what brought you to Uof T?

PHOTO CREDIT: UNIVERSITY OF TORONTO FACULTY OF LAW.

Neil Dennis is the new Director of the Career Development Of f ice. We took some time to sit down w ith him and ask about his new role at the CDO. The follow ing interv iew has been condensed and edited. U V: There’s a litt le bit of a blurb on you on t he facult y website; is t here anyt hing else you’d like t he student body to know about you?

You get to the point where your career and family don’t intertw ine properly. W hen you start v iew ing a world like A mer ica— w ith all the racism, g un v iolence—through the eyes of your child it changes you. There’s a case in Ohio where a twelveyear-old boy was shot dead by a cop on the playground. My k id was nine, at that time, and that scared the heck out of me. To be honest, it was always the plan to raise our k ids in here. W hile I was at Howard, I was building things up, I had a network here, I had some exper ience for the Canadian and A mer ican recruiting. I threw my hat in the r ing. A re t here any new projects planned for t he next year? We have in the works a pilot program for the incoming 1L s. It’s going to be small groups for self-ref lection on each student’s goals, streng ths, and what they want to work on. Students’ streng ths stay w ith them. So, no matter what grades a student comes out w ith, f irst semester, they w ill remember that they have something marketable.

N D: I was born in Montreal, but I spent my whole adolescence here [in Toronto]. I decided to go to the States for law school and, after graduating, I ended up work ing at a large D.C. f irm that no longer ex ists. Have you made any changes to t he I wasn’t talk ing to other law yers but current prog ra ms t he CDO of fers? grav itating towards students. Telling them A re t here any planned changes for what to do, what not to any of t he current do. That appealed to me CDO prog ra ms? more than wr iting br iefs, memos, factums, “I also want to do more We restructured the emthat sort of thing. A s for students interested ployer carousel for the things were turning 2L recruit. We used to down in 20 08 and the in pursuing a career in hold it in J250 w ith staf irm looked to be in a dium seating. This year, public interest.” bad place, I inter v iewed we used f lat classrooms w ith Georgetown for a and we all put the stucareer clerkship coundents in rotating groups sellor position. I didn’t get that position, so there are no empt y rooms and ever y stubut I was brought on in a new position dent has the opportunit y to split ever y em[Georgetown] created for me in their caployer. It allowed the employers to always reer ser v ices of f ice. see a full room, and it allowed students to From there, I always had my eye on see the full spread of employers. Howard Universit y Law School. It wasn’t

W hat about any big picture projects?

litt le more livable. That’s something I’m look ing into developing. I have three ver y broad ideas, and out of A nd I also want to encourage more of those, specif ic programs and initiatives our students who have an interest to apply w ill be rolling out. to the New York recruits. There are some I’ve been talk ing w ith f irms that w ill only take students that want to the HH students. But take alternative routes— there are other f irms go into consulting, busithat br ing in hundreds “You get to the point ness, other k inds of poliof summer student at a where your career and cy work. These are time, three times as family don’t intertwine many as the largest f irm alternatives where you didn’t need the J D, but here, and they aren’t properly. When you the J D has value. I found only look ing at the top start viewing a world an alternative career my10% of our classes. We self. like America—with all had the same problem I also want to do more [at Howard], because the racism, gun for students interested in they were not T14. Stuviolence—through the dents thought only the pursuing a career in public interest. We place stutop 10% of our student eyes of your child it dents at M AG of f ices, body would be able to changes you.” Ontar io ser v ices, Cit y of land inter v iews. I enToronto, the DOJ. Stucouraged more students dents who want to do that should know we to apply, and f irms dug into the top third aren’t just cater ing to the law f irms. I don’t of our class. I was able to do that [at Howwant to hear a student say to me: “I wanted ard], and I want to do that here. to do public interest work, but I feel like I W hat do you ant icipate t he impact of need to go to a big f irm.” t he Ontario govern ment tuit ion cut To the extent that our students are lookis going to be on t he CDO? ing to come to the States. There are so I do not know just yet. The powers that be many more f irms out there than those come (that are above my paygrade) are trying to on campus or do resume pickups, and there f ind ways to deal with that issue. Whatever it is room to expand. I know about the A meris, I am very much secure that they underican market, I made a lot of great connecstand our off ice is very important to our stutions in my time in New York and the U.S. dents. I built [the Howard Career Services I think Massachusetts could be a market for Off ice] from nothing. So, whatever we are our students. They pay New York rates, dished, it’s not going to take away from the they have a great pharmacy industr y, they students’ experience with us. have interesting cor porate work, Boston’s a

10 | March 27, 2019

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RIGHTS REVIEW The International Human Rights Program at the University of Toronto Faculty of Law An independent student-led publication Co-Editors-in-Chief: Anne-Rachelle Boulanger (4L JD/MGA) & Brenda Chang (3L) Senior Editors: Chelsey Legge (4L JD/MPP) & Emily Tsui (2L JD/MGA)

THE HOMELESSNESS CRISIS AS A CRISIS IN ACCESS TO JUSTICE THE UNITED NATIONS HUMAN RIGHTS COUNCIL HEARS HOW EMPOWERMENT OF THE VULNERABLE CAN DRIVE REALISATION OF THE RIGHT TO HOUSING FOR EVERYONE By Sahar Sayyad (2L) and Seána Glennon (LLM) The Canadian winter, delayed flights, torrential rain, and a missed connection did nothing to dampen our spirits on our journey to the 40th Session of the United Nations Human Rights Council in Geneva. We were going to witness the fruits of our labour—the delivery of the report of the UN special rapporteur (SR) on the right to adequate housing, Leilani Farha, on 4 March 2019. Over the past two semesters, we have participated in the International Human Rights Program (IHRP) Clinic. Working directly with Bruce Porter, the SR’s senior advisor, we researched access to justice for violations of the right to housing around the world, identifying systemic patterns of denial of access to justice and seeking examples of best practices. Our focus was not limited to judicial or legislative mechanisms, but also considered access to informal or customary justice, especially for the most marginalized groups in society. The Palais des Nations was a hive of activity as we waited in line to collect our security passes the morning of the presentation of the report. Delegates from countries around the world bustled through the cavernous Serpent Bar, drinking coffee, making calls, and typing furiously. States had already begun submitting their comments and questions on the report. Our team met to finalise the SR’s introductory speech and comb our research for useful examples to feed into her responses. Entering the ‘Human Rights and Alliance of Civilizations’ room was a thrilling experience, but we did not have much time to admire the famous multi-coloured elliptical dome ceiling with its dangling icicle shapes, or to take in the sheer number of state representatives and press members seated around the room. We established ourselves in the section reserved for members of the press and began reviewing and collating the questions as they came flooding in. We communicated our suggested responses and pointers to Bruce Porter, who in turn filtered the responses and communicated directly with the SR as she sat on the panel at the head of the room. Housing is a fundamental right affirmed in the Universal Declaration of Human Rights. Historically, however, social and economic rights, such as the right to shelter, have been treated differently from civil and political rights in terms of their enforceability. This has changed over the past 20 years, in particular with the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Both sets of rights are now recognised as equally vital to

ihrprightsreview

achieving human dignity; the end of the differential treatment between them was described by the UN High Commissioner for Human Rights as “human rights made whole.” Access to justice is fundamental to the notion of housing as a human right. Today, an estimated 1.8 billion people around the world lack adequate housing, and homelessness and forced evictions are continuing to increase internationally. If housing is a right, then the obvious question is: where can people go to claim it? Having spent the past six months delving through endless materials on the many barriers to access to justice for the right to housing around the world, it was heartening to see delegates from the four corners of the globe engage with the issues and share their country’s new measures to progressively realise the right to housing. They also pressed the SR for information and ideas on best practices to more effectively address this global crisis. After the marathon five-hour presentation of the report and discussion of questions, our UN experience continued. Over the following two days, we had the opportunity to attend an array of side events scrutinising more deeply the issue of access to justice in the context of housing rights and social and economic rights more broadly. Having worked intensively all year to identify relevant case law and legislation on the right to housing, we came to understand that sometimes it is easy to have a fatalistic view on ever achieving housing for everyone. We also had to actively resist the impulse to think of advancement of the right to housing only in terms of the titles of cases, or the passing of legislation, or the amendment of constitutions. Behind every small or significant piece of progress stands a real person whose struggle helped light the way for others. These are the names behind the famous cases, like Irene Grootboom in South Africa. In Government of the Republic of South Africa and Others v. Grootboom and Others, the Constitutional Court of South Africa recognized adequate housing as a fundamental human right that must be progressively realized by the state. Many commentators, however, view this groundbreaking decision as a failure, because at the time of her death, Irene Grootboom remained homeless. But this view fails to do justice to the trail she blazed for those who came afterwards, and how her experiences and perseverance highlighted the connection between the fundamental right to a dignified life and the right to adequate housing.

BRUCE PORTER (LEFT) AND JULIETA PERUCCA (RIGHT) WATCH THE SPECIAL RAPPORTEUR PRESENT HER REPORT TO THE HUMAN RIGHTS COUNCIL ON 4 MARCH 2019. PHOTO CREDIT: SAHAR SAYYAD.

While the side events emphasized the lived experiences of those who have fought for progress and gave us some hope for the future, we still have a long way to go. Because the factors contributing to homelessness in so many different countries are often the same, gathering together to share ideas and strategies is important progress toward resolving the issue. After three intensive days at the UN, the SR team gathered on our last night in Geneva for a Swiss staple—copious fondue and mountains of bread. It was the perfect way to end the trip, as the SR and her team shared stories from their work and travels. We felt incredibly privileged to work on such a timely and important issue with a group of people who are passionate about seeing

ihrp.law.utoronto.ca/page/rights-review-magazine

the right to housing realized around the world. Homes are not just commodities; they are the basic building blocks of our society and they allow each of us to take our place and participate in the world. Access to justice is an indispensable tool in realising this right for everyone, because it empowers those in need to claim their right. If the States that so enthusiastically took part in the discussions in Geneva this month want to show that they are serious about their international and domestic obligations, then much more work will need to be done. That work should focus on breaking down the barriers to justice and shaping law and policy in a way that respects this most essential of human rights.

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RIGHTS REVIEW

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March 27, 2019 | 11

RESPONDING TO THE AUDIT REPORT: TAKING KAFKA OUT OF IMMIGRATION DETENTION By Anne-Rachelle Boulanger (4L JD/MGA)

HANNA GROS' PRESENTATION AT THE IMMIGRATION DETENTION SYMPOSIUM, MARCH 2019, DEPICTING FORMER IMMIGRATION DETAINEES AND A DETAINEE'S HANDWRITTEN LETTER. PHOTO CREDIT: HANNA GROS.

Ricardo Scotland, a refugee claimant from Barbados, spent 18 months in maximum-security jail. He was serving an administrative detention, awaiting his refugee hearing. Through multiple immigration detention review hearings, the Immigration and Refugee Board’s Immigration Division (Tribunal) appeared to find ample justification to continue Mr. Scotland’s detention. According to the Tribunal, he was a flight risk. He had been criminally charged, and had apparently breached his immigration and bail conditions. However, in the habeas corpus decision regarding Mr. Scotland’s detention, Justice Edward Morgan found that, “As with Kafka’s protagonist, Joseph K, no one knows why he is detained.” “Although the government cannot provide a clear rationale for Mr. Scotland’s initial or continued detention, the reason for this lack of clarity is itself clear to me: there is no rationale. Mr. Scotland is being held in prison for no real reason at all.” – Justice Edward Morgan The Report of the 2017/2018 External Audit for Detention Reviews [Audit Report], released July 20, 2018, identified numerous procedural fairness issues in immigration detention review hearings. In its review of 312 detention review hearings and decisions, the Audit Report found evidence of Tribunal Members relying uncritically on Canada Border Services Agency (CBSA) Hearings Officers’ findings; Tribunal members failing to decide afresh and over-relying on previous decisions; Tribunal members making inaccurate and inconsistent factual findings; and detainees facing barriers to hear and present evidence. Mr. Scotland’s case is but one example.

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Mr. Scotland was never convicted of a crime. His criminal charges were either withdrawn, stayed, or acquitted. CBSA’s allegations that Mr. Scotland breached his bail conditions were unfounded. Yet, in his detention review hearings, these facts bore little weight. Tribunal Members made decisions without adequate evidence, and relied heavily on CBSA allegations while confirming previous Tribunal decisions. At one hearing, the CBSA Hearings Officer claimed that Mr. Scotland was not credible, characterizing his stayed criminal charges in the following way: “no guilt was found but no innocence was found either.” At another, the Member stated that “[…] CBSA is being very technical although it is within their right to find a breach if they find it to be a breach.” “[…] Arrest and criminal charges without a conviction amount to innocence; a breach of bail conditions that turn out to no longer be in force is a non-breach of bail; pre-trial custody is not a change of address; an inadvertent error is not an intentional, morally culpable act. These cannot logically and legally be held against a detainee on an ongoing basis.” – Justice Edward Morgan Since September 2018, Hanna Gros, researcher with the International Human Rights Program (IHRP), has led a joint response to this Kafkaesque regime. The IHRP, along with the David Asper Centre for Constitutional Rights, the Canadian Association for Refugee Lawyers and the Refugee Law Office of Legal Aid Ontario, are collaborating on this report, set to be released in the spring of 2019. The report will provide recommendations regarding meaningful safeguards of procedural fair-

ness in immigration detention review hearings. The aim is to protect others from the kind of arbitrary process that Mr. Scotland endured. In developing the report and recommendations, I assisted Ms. Gros in conducting research and interviewing immigration and refugee lawyers. Our starting point was to understand the interests at stake, and the safeguards in place to protect them. A comparison to the criminal justice system is illustrative. Both detention review hearings and the criminal justice system implicate individuals’ liberty interests. In fact, many immigration detainees are held in the same jails as criminally accused and convicted persons. Yet, the criminal justice system provides far more meaningful protections against arbitrary deprivation of liberty. In the criminal context, a trial is governed by rules of evidence, procedural rights and principles of fundamental justice. In the immigration context, the Tribunal is not bound by any technical or legal rules of evidence, and may decide to continue detention on the basis of evidence that it considers to be credible and trustworthy in the circumstances. Every lawyer we interviewed indicated that Tribunal adjudicators rely on hearsay evidence in every single decision - evidence which is often barred in a criminal trial. Moreover, immigration detainees may be detained indefinitely. There is no legislated maximum length of time immigration detainees can spend behind bars - last year, Ebrahim Toure, a refugee claimant, was freed after over five years in detention. The longest instance of detention was 11 years.

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Despite the absence of procedural safeguards afforded to non-citizens, courts have found that the immigration detention regime, as laid out in the Immigration and Refugee Protection Act, complies with t requirements. The regime is administrative in nature and premised on expediency. As such, it affords a large degree of discretion to Tribunal Members. It is the way that discretion has been exercised that has contributed to the arbitrary detention of many non-citizen individuals. During the course of our interviews with lawyers, it became readily apparent that the problem goes well beyond lacking safeguards in the detention review process; a primary problem is one of culture. The lawyers repeatedly cited Tribunal Members’ willingness to rely uncritically on CBSA evidence, and to deem detainees to be liars. The aim of the report is to establish robust legal measures that will protect individuals from a culture that is to their detriment – a culture that has been allowed to flourish in the absence of procedural safeguards. The report will be an important step towards holding Canada accountable to its Charter values and international human rights standards. More importantly, however, it will be crucial to recognize the human impact of arbitrary and indefinite detention. The Supreme Court has held that right to liberty touches “the core of what it means to be an autonomous human being.” But if non-citizens can be deprived of their liberty for months and years, without meaningful recourse for review of their detention, what is the value of the right to liberty in Canada?

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A CONVERSATION WITH IKPONWOSA ERO, INDEPENDENT EXPERT ON THE ENJOYMENT OF HUMAN RIGHTS BY PERSONS WITH ALBINISM By Chelsey Legge (4L JD/MPP)

MS. IKPONWOSA ERO SPEAKING AT THE EUROPEAN DAYS OF ALBINISM MEETING IN NORWAY, MARCH 2018.PHOTO CREDIT: UNKNOWN.

Albinism is a relatively rare, non-contagious, genetically inherited condition which most commonly results in the lack of melanin pigment in the hair, skin and eyes. The absence of melanin means persons with albinism are especially vulnerable to skin cancer and other damage from the sun - skin cancer tends to kill most persons with albinism before age 40 - and their eyes are often sensitive to bright light. Additionally, the physical appearance of persons with albinism is often the object of erroneous beliefs and my ths influenced by superstition, which leads to marginalization, social exclusion,

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and various forms of stigma and discrimination. Persons with albinism face several human rights challenges including discrimination based on colour; discrimination based on disability; special needs in terms of access to education and enjoyment of the highest attainable standard of health; harmful traditional practices; violence, including killings and ritual attacks; trade and trafficking of body par ts for witchcraft-related purposes; infanticide; and abandonment of children. Since Januar y of this year, the Interna-

tional Human Rights Program (IHRP) has been providing research suppor t to the United Nations (UN) Independent Exper t on the enjoyment of human rights by persons with albinism, Ms. Ikponwosa Ero. Currently, Ms. Ero, with additional suppor t from the University of Pretoria (South Africa), is working with the Pan African Parliament to develop guidelines on harmful practices related to manifestation of beliefs in witchcraft. Persons with albinism constitute a key victim group for the purposes of the guidelines; other victim groups include women, children, the elderly, and persons with disabilities

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more broadly. The IHRP students involved on this project â&#x20AC;&#x201C; Madeline Torrie (2L), Nicole Thompson (2L) and I â&#x20AC;&#x201C; have conducted research into the literature on harmful traditional practices; research on best practices in balancing concurrent rights such as freedom of religious belief and cultural rights; and comparative research on effective legislative frameworks for combatting harmful practices. This month, as our involvement in the IHRP clinic project wraps up, I had the oppor tunity to chat with Ms. Ero about her experiences as a

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human rights advocate, both before and since the inception of her mandate at the UN. How did you come to work in the human rights sphere? “I became involved in the human rights sphere through a combination of several human and providential reasons. First, I am a person with albinism from sub-Saharan Africa, Nigeria to be specific. I had exposure to human rights generally and in international human rights specifically through my background and training in law in Canada. I worked briefly at the Depar tment of Justice in Canada, after which I worked as an international advocacy and legal officer at Under the Same Sun, an international NGO whose main purpose is the advancement of the enjoyment of human rights by persons with albinism. All of these experiences and skills came to a head in 2008, spurred in par t by disturbing repor ts of physical attacks against persons with albinism. I recall sitting in my comfor table room in Calgar y in 2008, telling myself after reading a repor t of an attack against a person with albinism: you can either ignore this, and hope that it will go away, or you could be a par t of the effor ts to make it go away. One option was comfor table and the other was not. However, I knew deep inside – both morally and logically – that there was only one true option and it was the latter. Essentially, I considered that I had a unique combination of skills and experiences which could be put to good use at the ser vice of my fellows with albinism.” Can you tell us about some of your experiences prior to becoming a UN Independent Exper t? “Before becoming a UN independent exper t, I spent my working days at Under The Same Sun, writing numerous human rights and advocacy repor ts on the enjoyment of human rights by persons with albinism. Most of these were submitted to the UN and African Union (AU) mechanisms. I also engaged deeply in advocacy activities, from your predictable panel discussions, to chasing down key persons in the halls of the UN and AU. I ran after Ambassadors, Commissioners and Officers. I learned to make a “sales pitch” on the human rights of persons with albinism, and to set up instant offices on the floor of building corners where I could whip up and print advocacy documents as needed. Nothing in life prepared me for this and it was really out of character. After spending months visiting victims of attacks, images of their missing limbs and cries haunted me and burned off any residual shyness and embarrassment that would other wise have hampered my advocacy effor ts. I also ser ved as exper t witness in several asylum cases, and in other cases provided affidavit and other legal suppor t to lawyers representing asylum-seekers with albinism.”

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where violations against persons with albinism are severe. In so doing, I meticulously search for good practices and also seek out par tners to replicate these good practices at the local and national levels. I also prioritize research, par ticularly research on albinism worldwide. Since this issue has been neglected for centuries and persons with albinism have suffered and continue to endure great violations, it is highly impor tant to gather the facts to feed into ongoing inter ventions. This means I engage in frequent dialogue with persons with albinism around the world, academic researchers, and other stakeholders. Consequently, I have developed an international research collaboration which has helped to set a research agenda on the issues. Moreover, with the AU and civil society organizations, I developed a regional action plan and an online platform to monitor implementation. I also coordinate African continental activity with a task force. Currently, the Pan African Parliament, with the suppor t of my mandate, the University of Pretoria, and the IHRP, is developing guidelines on harmful practices related to the manifestation of belief in witchcraft. With the suppor t of key stakeholders, this mandate has carried out numerous capacity-building events for organizations of persons with albinism and has developed numerous repor ts with more to come, including on albinism worldwide and the impact of these issues on women and children.” What do you find to be the biggest challenges and rewards in your work? “The overarching challenge faced by persons with albinism is long-term neglect of the issue resulting in the absence of their voices in the public sphere. Also, a significant number of persons with albinism globally are not aware of the laws that protect them and continue to experience various forms of suffering and neglect. Fur ther effor ts need to be made to build their capacity (par ticularly that of civil so-

ciety leaders and advocates) on the norms and standards of human rights and on the human rights approach. The second overarching challenge is a lack of understanding of the condition and consequently a failure to apply a robust legal framework to the experiences of persons with albinism. In the past, there was a lack of clarity regarding the application of the disability framework to persons with albinism. Nowadays, with the advent of the Convention on the Rights of Persons with Disabilities (CRPD), which broadened the understanding of disability, persons with albinism are officially a constituency of the larger group of persons with disabilities. However, in several countries, this understanding is not always strong or even present among State officials where it is needed the most. Various repor ts and my own experience (even in States that ratified the CRPD many years ago) confirm that ver y few national- and communitylevel personnel of the State charged with implementation of disability rights are aware of its implications, including their own duties. What I find most rewarding about this work is that relatively little funding can change lives drastically. With limited funding, a small rag-tag army of underfunded NGOs and sympathetic friends, such as those at the IHRP, have changed the lives of persons with albinism. For example, a brief study I under took with Canadian researchers showed that human rights research concerning the rights of persons with albinism has gone up drastically since this mandate was created. Attacks have also gone down in some countries, and some countries have repor ted more on this issue in light of the visibility created by this mandate. Moreover, albinism groups are receiving funding suppor t – for the first time in most cases. While they often still struggle due to lack of suppor t, a good number of them have operational costs for the first time. I have also been in this field long enough to

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watch children, including victims of attack, grow with a healthy dose of selfesteem and education that I had never imagined seeing in persons with albinism. Above all, meeting persons with albinism generally during countr y visits are the epitome of reward. Many say the following in various forms: “Meeting you and seeing you in this role has changed my life. I now know that we are fully human and can achieve any thing,” or, “This has been the best day of my life. Seeing you in this role has given me hope that I never knew I could have.” Do you have any advice for students interested in pursuing a career in human rights? “Human rights is a broad and rewarding field. If you have an interest in it, I strongly encourage you to pursue it. The process of finding work is quite competitive but the field is broad. Therefore, never get discouraged; there will be work for you to do somewhere. In this line, take advantage of ever y oppor tunity that is availed to you. One thing I have seen is many young people overlook oppor tunities that they thought was beneath them or which they prejudged as ineffective in the goals they have imagined for themselves. Skills and experience in human rights are applicable in several domains beyond human rights. Essentially you have nothing to lose going down the path of human rights, especially if the cost of receiving training is not prohibitive or unreasonable. This is impor tant because the wages in human rights are not always stupendous. Therefore, to work in the field of human rights, you must care for what you do and really desire to make a positive difference in people’s lives – independent of what would be in it for you. You will need this core motivation to overcome all the challenges that will no doubt emerge in your work. The same motivation will facilitate and ensure fulfilment and contentment in ways that money can’t buy.”

What are your responsibilities in your role as Independent Exper t? “Like in all other thematic mandates at the UN Human Rights Council, I have general duties such as repor ting to the Council and to the General Assembly, and visiting countries for fact-finding and first-hand assessment of the situation. My main focus in this mandate is to end the attacks against persons with albinism and to tackle the root causes of these attacks. Consequently, I spend a lot of effor t on the region of sub-Saharan Africa MS. IKPONWOSA ERO SPEAKING AT THE EUROPEAN DAYS OF ALBINISM MEETING IN NORWAY, MARCH 2018. PHOTO CREDIT: UNKNOWN

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Law Ball 2019: Laws Vegas ALL PHOTOS BY JONATHAN LEE, COURTESY OF JONCFLEE PHOTOGRAPHY (WWW.JONCFLEE.COM).

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Defending the Role of the Defender An interview with Professor Abbe Smith of Georgetown CAMERON COTTON-O’BRIEN (1L) Smith represented Patsy Kelly Jarrett , who was convicted of murder and spent twenty-eight years in prison. Jarrett maintained her innocence throughout. She was eventually pardoned.] But for the other folks, they’ve been in so long they pose no threat to anybody. You know they have family and fr iends on the outside—it’s like they’ve been banished from the world. That inspires me too. I think as a cr iminal defence law yer, you can’t be both judge and law yer. You’ve got to put your opinion of g uilt and innocence to the side. The currency of the cr iminal justice system is not truth, it’s proof. I embrace that roll of tak ing on the state and mak ing them meet their burden. How do you respond to people who ask about why you choose to defend people you t hink are g uilt y? It’s one thing to demand an explanation. It’s another thing to misunderstand the role of the law yer in a free societ y. We’re It was not long into law school that some only as good as our abilit y to prov ide fairfamily members and one of my closest ness to the least popular; to the most refr iends started g iv ing me concerned and v iled. A nd that’s a draw for defence lawdubious looks when my response to what yers, because we understand, nobody is sort of law I was interested in was: cr imigoing to question why you’re representing nal. Given that I have yet to even sit for an somebody in a shoplifting case, or a drunk exam in the subject, any plausible response dr iv ing case, or a possession of mar ijuana I could g ive would be far too abstract to be case—those are the k ind of cases that evconv incing, so I started hunting around for er yone can k ind of relate to. wr iters on the subject. I eventually came But the really ser ious ones, where a peracross the work of Professor Abbe Smith, son is made out to be a monster, those are now of Georgetown Universit y in Washingthe ones that often require the best repreton, D.C., who is one of the most articulate sentation. So, do I still get asked that quesand unf linching defenders of the practice tion? Yes. A nd I have a var iet y of responsof cr iminal defence. She is also the Direces, depending on whether somebody is tor of the Cr iminal Defense and Pr isoner being hostile, or they’re genuinely cur ious. Advocacy Clinic at Georgetown Law. I like talk ing about, and, as you can tell, Fortunately, Prof. Smith was able to take I like wr iting about the motivations of a few minutes out of her busy court and cr iminal defence law yers. It’s interesting classroom schedule to answer some quesand fun and it’s a ver y big part of the work. tions about the important role of cr iminal My students, they don’t decide to not do defence, the ethical challenges of the praccr iminal defence work because it’s not sexy tice, and (as I stretched to f ind some Canaenough, or it’s not fun, da-specif ic content) her or exciting, or stimulatv iew of whether or not it ing —it’s the ethical is a good idea to wear stuf f, and the moral “What it means to be a robes in the courtroom. and those are The follow ing intercriminal defence lawyer questions, two dif ferent things, v iew has been condensed is to defend the guilty. ethics and morals, but I and edited. think it is interesting to That’s who we defend dig around, and I think U V: How does t he by and large.” sometimes to have to exquest ion of inno plain yourself. I don’t cence and g uilt mind explaining myself factor in to repreto people who ask that, sent ing people? but I w ill never apolog ize. That feels wrong to me. A S: W hat it means to be a cr iminal defence law yer is to defend the g uilt y. That’s who You ment ioned t his is bound up w it h we defend by and large. They may not be t he role of a law yer in a free societ y; g uilt y of exact ly what they are charged could you elaborate? w ith, but we wouldn’t be liv ing in a free soPHOTO CREDIT: GEORGETOWN LAW.

ciet y if law enforcement was rounding up innocent people r ight and left. By and large we are talk ing about factually g uilt y people and I don’t really care about that. That doesn’t stop me from being as passionately engaged as I was w ith Kelly’s case. [Prof.

In the U.S. in particular, my theor y of law yers’ ethics is der ived from our constitution and in particular the Bill of R ights. Those r ights, you know, only ex ist insofar as there is somebody there to protect them.

Law yers are cr itical to enforcing and upholding those r ights for all of us. So that’s what I mean by the role of the law yer in a free societ y. Moreover, in a cr iminal context, it’s the state, or the government, or the Crown, which is an incredibly power ful force. A nd all of that is up against an indiv idual accused. The importance of law yers in keeping the Crown, or the state, or the government at bay is also that’s at the heart of what we mean by a free societ y. The rule of law means nobody is above the law.

those in power. A nd that’s true, there’s some truth in that. A nd there are some things that are just not predictable. I think good law yers w ill say, “I can’t predict this”. It’s a k ind of ever-chang ing landscape. W hat are your t houghts on whet her or not it’s a good idea for law yers to wear robes, as t hey do here in Canada?

I think the best thing it probably does in a cr iminal setting is the prosecutors and defence law yers look alike. They are equally W hat about t he relat ionship berobed and dignif ied and ser ious, and mayt ween t he lang uage of law and be the jurors take them equally ser iously as lay persons who are going to be at an a result. I don’t know. extreme disadvantage in underIt also depends on how people dress. I standing what is going on when t his think it was my ver y f irst power of t he state is ser ious felony jur y tr ial brought against when I was a young pubt hem? “[The Bill of Rights] lic defender, it was a three co-defendant robWell that is true for all only exist insofar as y case, and one of the law yers. My v iew of lawthere is somebody there ber co-defendants law yers, yers is that—some ethiwho—you know how cist once referred to it as to protect them. when you r ide a bicycle the “I am a law book” Lawyers are critical to in order for your pants school of law yers’ ethics. enforcing and not to get caught in the That it is key to the lawyer’s role to explain the upholding those rights spokes you put rubber bands at the bottom?— law to people, even at for all of us.” well he apparent ly bicythe r isk of suggesting decled to court, and still fences or loopholes. We had those rubber bands don’t want to pr iv ilege on the bottoms of his pants, render ing people who already understand the law them, I can only call them clown pants beand disadvantage those who are less socause they would be all puf fy r ight above. phisticated. I thought maybe he had forgotten. I said, “Excuse me, sir, but you have those rubber Given t he complexit y of t he law it bands, they’re still on your pants.” has been arg ued t hat it is simply He said, “Oh, nobody will ever notice, the impossible for any law yer to know jurors won’t even notice.” That was a metawhat is or is not against t he law. phor for how he tried the case. Truly an inDoes t his seem accurate? competent lawyer. God bless the jury system sometimes: they knew he was a terrible lawI could of fer a k ind of Robert Cover-like yer and the jury kind of looked after his clicr itique of law as v iolence and sort of iment. That speaks in favour of robes. penetrable and chang ing of the whim of

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Oh, the Places You’ll Go! Personal Statements from the Class of 2019 HONGHU WANG (2L) Ever y year, Ultra Vires asks graduating 3L s and 4L s to share their after-law school plans compar ing what they said in their personal statement to their actual plans. This year, we heard from a sur pr ising number of IP law yers. Our 3L sources say that while the IP law yers may not be representative of the Class of 2019, the contrast between their planned post-law school life and actual post-law school life probably is.

The social worker “Throughout my work as a social worker I w itnessed the impacts that the legal system had on the quotidian lives of communities that are socially or economically marg inal. W hilst social work has prov ided me w ith a trove of tools for front-line practice, I am keenly aware of a legal education’s abilit y to vast ly broaden and deepen the impact I could have on issues of social inequalit y. This awareness def ines my goal to centre my study of law on socially and economically marg inalized communities.” T h i s s t u d e n t w i l l b y a r t i cl i n g a t a f u l ls e r v i c e f i r m o n B a y S t re e t , w h e re h e w i l l b e re p re s e n t i n g cl i e n t s w h o c a n a f f o rd t h os e s e rvices.

The quantum electrodynamics student “I am interested in Intellectual Propert y Law. My academic background equips me to understand the topics discussed in academic research papers; accordingly, I am well-versed in the relevant theoretical background and am able to understand the basis behind var ious technolog ies. This technical background enables me to understand the dif f icult topics at hand when I address clients’ intellectual propert y issues. For example, suppose that a client comes to me w ith concerns about a new technolog y that has been developed in the f ield of quantum electrodynamics; if it infr inges upon their patent, I w ill already have an understanding of the theor y and technolog y at hand. I w ill be able to more objectively compare the technolog ies and patents in question, and prov ide the client w ith comprehensive adv ice regarding any possibilit y of patent infr ingement.” T h i s s t u d e n t w i l l b e a r t i cl i n g a t a f u l ls e r v i c e f i r m o n B a y S t re e t w i t h a n I P l i t i g ation group, although he personally aims to n e v e r u s e t h e p h ra s e “ q u a n t u m e l e c t r o d y n a mi c s ” e v e r a g a i n . He h a s a l s o b e c o m e l e s s f o n d of the semicolon .

The biomedical PhD “I am ver y interested in specializing in intellectual propert y or patent law. With a biomedical-based PhD and a J D, I would be able to understand both the scientif ic and legal jargon. I would be able to understand the importance of the work the scientists are doing, and how to determine if the work is novel by searching the literature and look ing at what other researchers are doing. I would also be able to know what legal approaches to take to protect their work and make sure they get credit for it,

which is not something scientists would be able to do on their own. This combination of specialized knowledge interests me, and I’m excited to pursue this career option. I have also successfully passed my comprehensive exams, which demonstrates that I can learn a dense amount of mater ial in a short amount of time. Outside of the lab, I am a recreational runner.” T h i s s t u d e n t h a s re a l i z e d t h a t s h e w a n t s t o m a r r y r i c h i n s t e a d o f p ra c t i c i n g l a w . S h e continues to lear n dense amounts of mater ial i n a s h o r t a m o u n t o f t i m e (a l s o k n o w n a s p r o c ra s t i n a t i n g ). S h e w i l l b e a r t i cl i n g a t a n I P f irm . She is uncertain if she will meet a rich m a n t h e re . S h e c o n t i n u e s t o r u n a n d s h e w i l l b e c o m p e t i n g i n t h e B os t o n M a ra t h o n .

The computer programming hobbyist “I hope to focus on IP law dur ing my time at the Universit y of Toronto, w ith the plan of work ing for a local f irm as a patent lawyer after graduation. One area of particular interest for me is software patents. My hobby of computer programming has led me to discover the fur ious controversy surrounding these patents ( like Apple’s ‘multitouch’ patents) and I became fascinated by how so-called ‘patent trolls’ abused the patent system. I hope to be able to f ight against these companies and support the proper use of the patent system to encourage innovation.” T h i s s t u d e n t i s c u r re n t l y t a k i n g P a t e n t s a n d i t i s p e r h a ps h i s l e a s t fa v o u r i t e cl a s s o f l a w s c h o o l y e t . He h a s n o i n t e n t i o n o f e v e r w o r k i n g i n p a t e n t l a w o r a n yt h i n g I P re l a t e d . He w i l l b e a r t i cl i n g w i t h a n i n s u ra n c e c o mpany and hopes to eventually f ind work in i n s u ra n c e d e f e n s e l i t i g a t i o n . He n e v e r a c t ua l l y c a re d a b o u t p a t e n t t r o l l s .

v ictims too often goes unreported, unaddressed, and unrectif ied.” T his student will be working at a Biglaw f i r m i n N e w Yo r k , p r o b a bl y i n t h e f i e l d o n w h i t e c o l l a r d e f e n c e . He a d m i t s t h a t h e w a n te d t o w o r k i n N e w Yo r k e v e n a s h e w r o t e t h e p e r s o n a l s t a t e m e n t . He re m a i n s o p t i m i s t i c t h a t h e w i l l w o r k i n C a n a d i a n p u bl i c s e r v i c e one day.

The poet “A lthough seemingly disparate f ields, literature and education are essentially shaped by attempts to understand our lives, our interactions, and the rules that govern them. Both are thoroughly ‘human’ f ields, which—like law—require inter preters. Law governs ever y structure in life, dictating our actions. L ike law, education impacts ever yone, and like education, law is a building block of our societ y. Yet analogous to how a terse William Carlos Williams poem can elicit diverse responses from each indiv idual, inter pretations often var y. How can such dif ferences be br idged in a complimentar y way, if they even should be br idged? Law satisf ies this intellectual cur iosit y I found to be so intr ig uing in English and Education, along w ith the concrete application to authentic human exper ience… With sk ills I gained in the past, I believe I have the potential to integrate into var ious f ields of law in reg ional and global contexts. For a possible career in educational law, for instance, my background would be advantageous in understanding how schools and boards function as complex, intertw ined institutions.” T his student ne ver pursued a joint M A in E nglish as she had or iginally planned. Af ter f i n i s h i n g t e a c h e r s ’ c o l l e g e , s h e re a l i z e d t h a t she hated education and did not want to work w i t h k i d s . S h e w i l l b e a r t i cl i n g a t a f u l l-s e rv i c e f i r m o n B a y S t re e t .”

The public interest student “I am apply ing to U of T law because I want to be a Crown attorney [sic]. W hether international sanctions reg imes or labour laws, I want to help f ight these threats. I know that the work can be challeng ing, but the past few years have shown me that these are precisely the k ind of challenges I enjoy most. W hether as histor ian, intelligence analyst, or journalist, I am happiest when piecing together the facts to make an airtight arg ument. U of T Law is uniquely appealing because of its streng th in cor porate law. Eventually, I would like to work in f inancial reg ulation, ideally at the Ontar io Secur ities Commission, as these are some of the most complex cases, and because misbehav iour w ithout readily identif iable

that I am most passionate about. Just last year, one icy-cold Montreal evening while I walked from the librar y, my fr iend turned to me and asked, ‘W hy do you spend so much time work ing? W hy don’t you come out w ith us more often?’ My answer: ‘I just really love study ing and learning.” T h i s s t u d e n t c o n t i n u e s t o b e i n t e re s t e d i n human r ights. T hroughout law school , she was involved with the Inter national Human R i g h t s P r o g ra m . S h e w i l l b e w o r k i n g i n N e w Yo r k a t a B i g l a w f i r m . S h e c o n t i n u e s t o l o v e studying and lear ning.

The human rights advocate “I have a strong interest in the complex issues of Indigenous r ights and the sensitive conversations surrounding indigenous enfranchisement. With a strong legal education, I hope to gain the tools and knowledge required to accomplish more substantial work in this f ield, both in terms of leg islation and indiv idual cases. The Universit y of Toronto w ith its outstanding reputation and commitment to public interest would af ford me the opportunit y to attain those goals. Furthermore, I am attracted to U of T for its International Human R ights Program, as it of fers a hands-on learning exper ience in the f ield

A nother human rights advocate “I know now that I want to play a role in the advancement of human r ights, particularly for the most v ulnerable members of the population … I believe that the best means for me to continue mak ing a dif ference, to go on hav ing a positive impact on the lives of people who are oppressed, abused, impover ished, or other w ise suf fering, is by the study and practice of law. W hile I intend to keep an open mind about where the study of law may lead me, I also believe a sense of direction is valuable. If all goes well, I w ill spend the f irst part of my career practicing law in Canada, either at a f irm that specializes in my areas of interest or at one that commits considerable resources to pro bono ser v ices. Work ing as an in-house counsel at a women’s shelter could also be ver y fulf illing. Eventually, when I am ready for a change, I hope to make a transition to the f ield of international human r ights. Human R ights Watch, A mnest y International, and the Of f ice of the High Commissioner for Human R ights are just a few of the organizations I dream about being a part of one day. More realistically, I would be happy doing legal research for a smaller non-governmental organization based in Canada that focuses on human r ights advocacy.” T h i s s t u d e n t w i l l b e g ra d u a t i n g w i t h a J D/ M P P . S h e w i l l b e a r t i cl i n g a t t h e M i ni s t r y o f C o m m u n i t y S a f e t y a n d C o r re c t i o n a l S e r v i c e s . S h e s t i l l c o n s i d e r s h e r s e l f a n i d e a li s t w i t h a bl e e d i n g h e a r t . S h e f u l l y i n t e n d s t o get back into inter national human r ights law a f t e r a r t i cl i n g . S h e w a s h e a v i l y i n v o l v e d with the IHR P throughout law school . She a l s o i n t e r n e d w i t h t h e H u m a n R i g h t s Wa t c h l a s t s u m m e r a n d w a n t s t o re t u r n t o t h a t e v e ntually. S h e re c o g n i z e s t h a t i t m a y t a k e a c o u p l e o f d e c a d e s t o re p a y h e r d e b t b u t s h e m a i n t a i n s that that is the pr ice U of T L aw charges for low-income students if they want top-notch l e g a l e d u c a t i o n b u t a re n o t w i l l i n g t o w o r k o n B a y S t re e t .

OPINIONS

18 | March 27, 2019

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How to Reform the Prison System And break free of debt REBECCA BARCLAY NGUINAMBAYE (1L) Would you like to reform Ontario’s criminal justice system while transferring $45 million annually to expenses like education, housing and social services? This might sound a little idealistic and simplistic, but it is in fact a possibility that we as Law students can help realize with little effort. I f irst learned about the Criminalization and Punishment Education Project (CPEP) on March 15, 2019, while attending the “Detained: From Protecting Prisoners to Abolishing Prisons” conference at Osgoode Hall Law School. The event explored the diff iculty of moving toward abolition and avoiding inadvertently strengthening the carceral system through critical reform. CPEP believes the f irst step is a moratorium on prison expansion. Its mandate is to carry out public education initiatives and research on criminological issues, with a specif ic focus on the injustices of Canada’s carceral system. Currently, they have a petition called #NOPE— No On Prison Expansion, to protest the replacement and expansion of the Ottawa-Carleton Detention Centre. CPEP spokesperson Justin Piché has crunched the numbers and determined that the proposed new prison would cost $11 million more annually than the current facility. His estimate, based on Infrastructure Ontario’s projected budget for construction, design, and maintenance, is that around $45 million per year will be spent on the prison. Piché

identif ied all the social services that have deaths were due to factors such as lack of cabeen cut by the Ford government while this pacity in hospitals and lack of sensitivity prison expansion was approved, and chal- training for guards. A prison expansion does lenged everyone at the conference to consider nothing to address these issues and will simply how the $45 million could be used to better allow the government to forestall its response. serve communities and the province. He In fact, former Minister of Community Safety prompted all the law students in the room to and Correctional Services, Yasir Naqvi, has ask the Ford government to divert some to said that an expansion would fail taxpayers. The OCDC is in a decrepit state and in funding OSAP. Some will wonder about the very real issue need of substantial repairs. Yet, this presents an opportunity to rethink of overcrowding in prisons. how we criminalize indiWhile increasing the numviduals. Maybe by now ber of prison cells in the Ultimately, we should we can admit that putprovince is a short term soting people in cages and lution, it does not address demand appropriate segregation, in spaces the real causes of prison social services for all, without access to proper overcrowding. 70% of inand more funding for health care or support carcerated individuals on from loved ones, is not any given day are actually education, including the solution of a twentyin pre-trial detention, not our own. f irst-century society. necessarily waiting on a Maybe we can get serious conviction that will reabout turning toward quire more incarceration. We do not need more beds, we need eff icient harm reduction and Gladue principles and and judicially fair processes to deal with the addressing ‘deviant’ behaviour with empathy, backlog of cases. We also need to address the rather than condemnation. Maybe we can be criminalization of poverty and mental health honest about the fact that the disproportionwhich incarcerates people who need treat- ate incarceration of poor and marginalized ment or social assistance more than, and as individuals ref lects larger systemic issues of inequality and inequity—issues that cannot alternatives to, rehabilitation. Just last year, on separate occasions, two be f ixed by locking individuals away for years men who were denied proper and timely psy- in concrete boxes. Ultimately, we should demand appropriate chiatric care died by suicide at OCDC. Their

social services for all, and more funding for education, including our own. Please join with me in writing to Premier Doug Ford and demanding #NOPE No Ontario Prison Expansion, because that $45 million annually would be better used in part to fund our education to get us into the courtrooms working for justice. If you would like to know more about CPEP, their petition, and problems with the Ontario criminal justice system, please explore the below links: CPEP: http://cp-ep.org/. Piché’s Calculations: http://tpcp-canada. blogspot.com/2018/09/small-government-inontario-under.html Toronto South Detention Centre: https://torontolife.com/city/inside-torontosouth-detention-centre-torontos-1-billionhellhole/ Contact Premier Ford and tell him: #NOPE / No Ottawa Prison Expansion #YESS / Yes to Education and Social Services Phone: 416-325-1941 Tweet: @fordnation Write: Premier of Ontario, Legislative Building, Queen’s Park, Toronto, ON M7A 1A3.

Food for Thought

A hearty mac ‘n’ cheese for the weary

TOM COLLINS (2L) It is that time of year again. The days are getting longer, not just because the sun is up later, but because you probably are as well. You need some good food to keep you going. I am here to help. Macaroni and cheese is probably a staple in many a student’s diet. And so it should be! It is versatile, quick to prepare, filling, and ever so cozy. But I would like to think that my particular take on it is just that little bit better. My secret? A hint of garlic. Before getting into the preparation, I want to emphasize just how versatile this dish is. You can use any cheese you like; you can use more or less milk depending on how thick you like the sauce; you don’t even have to bake the dish! It also serves very well just as macaroni with cheese sauce. The main benefit to baking it is that it is easier to store and reheat. Macaroni and Cheese à la Tom Total preparation time is about 40 minutes and the recipe serves 4-6 depending on portion sizes.

Ingredients 3 cups dry macaroni 1 ½ cups milk (I use 3.8%) 1 cup cheese grated (I suggest 2/3 cup extra old cheddar, 1/3 cup gruyere or emmental) 1/3 cup Parmesan grated 1 handful of plain breadcrumbs 3 Tbsp butter 3 Tbsp all-purpose f lour 1/8 tsp mustard powder 1 garlic clove finely chopped Salt Procedure 1. Set oven to broil. 2. Boil large pot of salted water for macaroni. 3. While water heats, make cheese sauce. You want to finish this before the macaroni is done cooking.

4. In a heavy-bottomed saucepan, melt 3 Tbsp butter over medium-high heat.

11. If your water has boiled, now is the time to add the macaroni.

5. While butter is melting, chop garlic clove. Add to butter and reduce heat to medium low, stirring regularly to prevent from browning.

12. While macaroni cooks, grate 1 cup of cheese into the sauce and stir it in to melt. If needed, place the saucepan on very low heat, remembering to stir.

6. Add 3 Tbsp f lour to the saucepan and stir well to combine with butter.

13. Add 1/8 tsp mustard powder and salt to taste.

7. Slowly pour in 1 ½ cups of milk, stirring as you go, to prevent clumping. A small whisk can be useful, here, but a wooden spoon will do fine.

14. Butter an 8” x 8” x 3” (or equivalent volume) glass casserole dish.

8. Turn heat to high and continue stirring sauce at between 90 and 120 rpm, to ensure it does not burn.

16. Pour cheese sauce over macaroni and stir to coat evenly. Add more milk if needed.

9. When sauce begins to bubble, reduce heat to medium and stir quickly for two minutes. The sauce should continue to bubble relatively vigorously as it cooks, but it must not be left to sit in the pan, because it will burn and become lumpy. 10. After two minutes, remove sauce from heat, and cover with lid.

15. When macaroni is al dente, drain and add to casserole dish.

17. After spreading the macaroni evenly in the dish, dust the top with bread crumbs. Then grate Parmesan on top. 18. Place dish under broiler until the top just begins to turn golden brown. Then remove from oven and serve. 19. Pair with a dry rosé or a sauvignon blanc.

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OPINIONS

March 27, 2019 | 19

Reflections on the Davies Moot Or how I learned to love the Securities Act TOM COLLINS (2L) practicing for the last two months. All I remember is pointing urgently at the massive print edition of the Securities Act to stress the respondents’ compliance with it. At one point I also held up a copy of the trial judgement and said, “Justices, I want to take you back to the words that Health Canada actually used.” The level of performance allowed at the Davies Moot is one of the things that makes it so enjoyable. While you cannot pull any Lt. Daniel Kaffee-level stunts, the occasion is certainly less formal than the Gale Cup, where you can apparently lose points for simply letting your robe fall askew on your shoulders. To make it to the final round, a team usually has to win all four of their rounds. However, given the number of schools that participate (thirteen, this year), it is possible for more than one team to win all four rounds. So after my first round, Shaan made it clear that we also needed to pick up as many points as possible. The best way to do that is baiting questions on contentious parts of your arguments and then delivering short, pithy answers as to how you overcome those challenges. Although it was usually clear which team had won a round, we did not get to watch a round in which our team did not compete. So, it was impossible to know “It’s all downhill from here” where we stood as a team. Historically, our strongest Finishing the factums markedly changed the nacompetition has come from Western University and ture of the preparation. With our arguments more the University of Calgary, and or less set, my team and I we did not face either in our could focus on learning first four rounds. The Responthem. This was when we beAll I remember is dents faced Queen’s University gan doing regular internal pointing urgently at the and the University of Manitoand in-firm run-throughs. the Appellants faced UBC Internal run-throughs massive print edition of ba; and Dalhousie. were a lot more like my trythe Securities Act... The announcement of finalout experience. I usually ists came at 3:30 pm. It is a surworked with Hesam, who prisingly brief announcement had written the appellant’s where the organizers thanked version of the respondents’ everyone for their participation and then named the submissions that I had drafted. The idea was to find two teams. The school that amassed the most points as many weaknesses in each other’s arguments as in the preliminary rounds also got to choose which possible and to account for those, while learning side they wanted to argue. both sides of the argument. We scored the most points, and so we had the benIn-firm run-throughs were more of an opportuefit of choosing which side to argue. The consensus nity to get the unique perspectives of practitioners on the team was that the Respondents had inherently who specialize in the sort of securities market issues stronger arguments, especially from a policy standwith which we were dealing. That is to say that durpoint. Daryna and I, who wrote those arguments, ing those run-throughs, we are not supposed to ask were chosen as representatives. We were then questions while others moot. I learned that by acciwhisked away to get robed-up. I just remember being dent, when my coaches passed a note down a long in this utility closet with a chair that Dylan had table at McCarthy Tétrault LLP telling me to stop spilled coffee on. Chris was playing a meditative asking questions of Hesam, so that the practitioners breathing exercise video on his phone, and someone could have a go. Oops. was yelling at me to do something while I was busy During the final run-through at McCarthy’s, trying to find a citation in this monstrously long two of our practitioner coaches, Andrew Matheson ABSC decision called Re Ironside ([2002] ASCD No and Simon Cameron (’17), fired twenty-seven ques158 (Alta Sec Comm)). tions at me in just twenty minutes. It took me twelve The final panel was made up of five judges: The minutes just to off my introduction! I really believe Hon. Justice Robert Armstrong, former justice of the that run-through, and others like it, gave my team a Ontario Court of Appeal; the Hon. Mr. Lucien discernible advantage. None of the three rounds Bouchard, PC, GOQ, AdE, a former Premier of that I mooted at the competition presented any Québec, Secretary of State, Cabinet Minister in the similarly hot bench. Canadian government and Ambassador to France; the Hon. Justice Kathryn Feldman of the Ontario Year five Court of Appeal; the Hon. Justice Siobhan We agreed that the competition was just going to be Monaghan of the Tax Court of Canada; and Grant like another run-through, and looking back, it was. Vingoe, Vice Chair of the Ontario Securities ComBut I have to admit that the pressure to succeed was mission. felt. Speaking after Osgoode gave Daryna and I time The University of Toronto has won the Davies to strategize. I could no longer tell you what the stratMoot more than any other school. We had placed egy was. The only record I have is a page of notes that first for four years in a row. On the one hand, that we scrawled to each other during Osgoode’s submissuggests something about the strength of our prosions. For those watching, I hear that my own submisgram and of our coaching. On the other hand, the sions were nerve-wracking, because I started a new pessimist in me remembered the 2018 Baby Gale, argument with only a minute left and finished at 0:00 when U of T lost to Osgoode (I had competed in the on the dot. Daryna was much more methodical. In a Baby Gale). I wondered if, maybe, I just wasn’t that mix of good luck, good timing, and good preparagood. And, certainly, each one of my coaches is far tion, she got a question from Justice Feldman with more accomplished than I am. Ultimately, I manabout twenty seconds on the clock. Daryna got an aged to negotiate this self-doubt into cautious acindulgence to answer, which gave her time to really ceptance: “I’m just going to do my best and forget drive home what was probably our most devastating the rest (with a bottle of gin)”. policy argument. I remember the weight of her last I felt a lot more confident when I finally stepped few words thudding against my eardrums. up to the podium as first speaker for the responI knew that we had won, and I knew that she dents. I believe that most mooters would confirm would be Top Oralist. It was an amazing feeling. that that moment is a transformative one: you enter the zone and make the pitch that you have been laughing. There was no way. Shaan was right. We did not finish writing until 5:30, the morning of the day the factums were due. That matters for two reasons. One is that the copyediting that a person does at 5:30 am, having slept maybe three hours of the last forty-eight, is poor. We lost a lot of points on typos, I am sure. The other reason that a late finish matters is that your printing options are dramatically reduced. We had planned to use Staples, who had told us that they could do the job. However, on the morning of, they revealed that they were out of the cardstock we needed for the covers. Daryna found a place that could do the job in a couple of hours. There was just one catch, they would only do the factums for $700. That was after the “cash discount” and the “student discount”. Somehow it fell upon me, the only person without a job, to front the $700. At least I got my money’s worth. The proprietor gave me, Daryna, and Tom a tour of his “Tab Room,” while proudly proclaiming that he goes through 15,000 tabs every month. We also got some pens, and some branded tape to seal the box with the factums inside. THE U OF T MOOTERS AT THE FINAL. FROM LEFT TO RIGHT: DARYNA KUTSYNA (2L), TOM FEORE (2L), HESAM WAFAEI (2L), AND TOM COLLINS (2L). PHOTO CREDIT: SEAN MACKAY.

“I heard it through the hemp vine” Introduction: “Days of Thrinder” Davies released the official problem around midIf you were to ask someone who has participated in a day on January 8. The problem was about a fictionmoot—competitive or not—to describe their experial, publicly-traded cannabis producer, Sativa Hotence, you could expect a variation on one of two house Hydroponics, facing a class action for answers: (1) it was the most amazing experience that allegedly breaching its timely disclosure obligations I have had at law school, or (2) it was all-consuming under s. 75 of the Ontario Securities Act. Rather than and I am so happy that it is over. It is not unlikely issue material change reports when various disasters that you will hear both from the same person. I ravaged its facilities, Sativa preferred to let informawould certainly say both about my time on the Dation travel “through the hemp vine”. vies Corporate/Securities Moot, which was held at Daryna and I represented the respondents (Satithe Federal Court at 180 Queen Street West on va and its management) and Tom and Hesam repreMarch 8 and 9. sented the appellant (the class representative). Admittedly, my opinion of mooting is coloured by It is one thing to be told that something is going to the success that my team and I achieved (first-place be challenging, and a whole other thing to live it. overall, third-place factum, top oralist for Daryna Starting January 8, mooting became my life. If I was Kutsyna (2L), my teammate). not eating, sleeping, or in class, I was noting up secuNevertheless, I want to provide as objective a rerities cases, researching the legislative history of the flection as I can and inspire others to pick the Davies relevant provisions of the Securities Act, writing new Moot as their top choice. This year, my team was arguments, or attending run-throughs. coached by Adil Abdulla (3L), Dylan Murray (3L), That level of dedication Chris Puskas (3L), and Shaan seemed common among comTolani (3L), and supervised petitive mooters. I had friends by Professor Anita Anand, I wrote at least fifteen in nearly every moot and the J.R. Kimber Chair in Invesdrafts of my arguments consensus was that “moot is tor Protection and Corporate love; moot is life.” That said, Governance & Academic Dibefore getting the my own motivation may have rector, Centre for the Legal version that I submitted been more unusual. I really beProfession and Program on lieved that winning the moot Ethics in Law and Business. to the Moot. could dramatically change my Next year, you would have career prospects. me, Daryna, and my other phenomenal teammates Tom This is a case about... Feore (2L) and Hesam Wafaei (2L). I wrote at least fifteen drafts of my arguments before I wanted the Davies Moot for two reasons. First, I getting the version that I submitted to the Moot. If wanted to try something new. At the time, I did not you do the math, that was an average of one neareven know what a security was. Second, I thought full re-write every other day. Restructuring arguthat it would look good on my CV, and I needed ments was a big part of that, but so was crafting a that. I blew the 2L recruit. I didn’t get a single OCI. narrative. You need to communicate why your case I found out the same day that we got the try-out matters. problem and I was gutted. I was afraid that if I told Rewriting can be disheartening at times, but it is people that I had failed so completely, they would important to remember that your coaches are pointnot want to prepare with me, because they would ing out your problems so that you can fix them. And think that I was incompetent. it feels so good when you finally do something right. I was selected for the Davies Moot after a weekFor me, the highlight came the night before the facend of ridiculous over-preparation with a group of tum was due. Chris and I were in the Moot Court friends who were more than content to explore the Committee Boardroom, trying to tighten the appelboundaries of what could possibly be asked about lant’s arguments. We really needed a case that said the limited s. 15 problem we had to argue. I distinctthat bad publicity alone can be “material” within ly recall Jason Lamb (2L) finding a 200-page BCSC the meaning of the Securities Act. This was something decision on polygamy that the rules barred us from that had eluded us for a month. Just after midnight, using; James Aston (2L) comparing a polygamous I struck gold: a US Supreme Court case, Matrixx Inirelationship to a Caesar salad in which the denial of tiatives, Inc v Siracusano, 563 US 27 (2011), said just marriage was like the omission of croutons; and a that. series of room-bookings with such inspired titles as Of course, our work was far from over. Two days “St. Augustine was an Ethical Non-Monogamist”, earlier, I had been sitting in that same room, and “Mad Moot: Beyond Thrinderdome”, and “I Knew Daryna had confidently ventured that we could You Were Throuple When You Walked In”. probably get out of there by 11:00 pm. The coaches looked at each other and then Shaan burst out

OPINIONS

20 | March 27, 2019

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Voting For or Vetoing Diversity? A statement on the LSO’s Statement of Principles SOLOMON MCKENZIE (3L) Folks have disagreed with this? The SOP has become a fault line of this campaign. A slate of bencher candidates has launched a website called StopSOP—centered on trying to abolish the SOP. StopSOP declares that the LSO’s attempts to suggest that diversity should be promoted is a product of a nefarious ideology that seeks to steal fundamental freedoms from members of the profession. They also note the broadness of the term equality—and the diverse understandings of what this constitutes. This should also be contextualized by the previous efforts to undermine the SOP. For instance, a Lakehead law professor attempted to sue the LSO over the SOP’s implementation; a group of current benchers failed to amend the SOP to allow for conscientious objectors, and a former founding partner dissolved his f irm in protest of its introduction (because the SOPs introduction represented a “diversity faction [that] had captured my profession’s regulators”). Is this really worth defending then? Yes, unapologetic and vociferously. The blow-back regarding the SOP demonstrates that the legal profession still has not vaulted a very low conceptual hurdle: that inclusion and diversity are good. This is a very basic step that needs to be acknowledged before we can embark on much thornier conversations about how to rectify entrenched equity issues.

OSGOODE HALL, THE HOME OF THE LAW SOCIETY OF ONTARIO. PHOTO CREDIT: KEVIN P. SIU, LICENSED UNDER CC BY-SA 4.0: HTTPS://COMMONS.WIKIMEDIA.ORG/WIKI/FILE:OSGOODE_HALL_2018.JPG.

Elections are currently afoot at the Law Society of Ontario (LSO). Lawyers and paralegals from across the Province will be going to the polls on April 30. In the process of this election, a subset of candidates are campaigning to reject the LSO’s diversity and inclusion targeted Statement of Principles (SOP). The vehement opposition to the SOP shines a light on the long distance our profession has to go before it can meaningfully deal with issues of systemic and interpersonal discrimination. However, these efforts also reinforce the importance of keeping our eyes trained on our regulator and engaged in our bencher elections.

I. Backgrounder: There’s An Election?! What is a Bencher? The Law Society of Ontario sets policy that governs all lawyers and paralegals in Ontario. Benchers are the elected board of directors of the LSO. Through committee work and meetings, they set the policy and initiatives that shape and regulate our profession. Benchers also sit as adjudicators in discipline cases concerning professionals conduct, licensing, competence, and capacity. Why should we care about elections? Law students cannot vote in the upcoming elections. However, we are extensively impacted by the LSO. Benchers have a huge amount of power to control the process of becoming accredited, the cost of joining the Society, and the bounds of acceptable conduct in the profession more widely. We have an evident and ongoing stake in the activities of the LSO.

Moreover, voter turnout for bencher elections is suff iciently low that convincing a couple of lawyers in our personal networks to vote could have signif icant impacts on the outcome of an election. Where can I f ind out more about candidates? A list of candidates can be found on the LSO’s page by searching “Bencher 2019 Candidates.” The podcast “Of Counsel” has also been doing a series of excellent interviews with bencher candidates.

Is this overreach? Regulating lawyerly conduct is a central function of the law society. The LSO enforces rules concerning lawyers’ and paralegals’ “integrity and civility,” as well as conduct that would “bring discredit onto the legal profession”. The SOP is a similar attempt to determine the ambit of appropriate professional conduct, with a more narrow focus on diversity as a valued and necessary part of the legal profession.

This seems kind of basic? The SOP will not solve I would urge lawyers systemic, structural, or II. Election Drama: We’re still and paralegals going to interpersonal discrimination within the legal on our ABCs of polls in April to reject profession. SOPs will not Discrimination make an all Black f irm any candidate who from Bay Street What is the Statement decided to demonstrate erupt like Athena from Zeus’s of Principles? their leadership head. It will not create The Statement of Principles an aff irmative action qualities by decrying requires practitioners to program requiring dicreate and abide by an indithe need to think verse recruitment. It will vidual statement of princinot require practitioners seriously about ples that acknowledges a to pledge their allepractitioner’s obligation to inclusion in our giance to social justice promote equality, diversity, profession. principles. and inclusion generally, as The SOP is a modest well as in their behaviour requirement—which, at directed towards colits sharpest end, requires leagues, employees, clients, and the public. practitioners to, once a year, spend a brief The LSO provides resources to help individual period ref lecting on their personal conduct practitioners draft personal statements. The regarding diversity. I would wager that, to LSO’s example statements contain such inthe eyes of most Millenials, it appears to be a flammatory suggestions as asking lawyers to common sense, if somewhat pat, rendition of commit “to protect[ing] the dignity of all indireasonable and expected conduct. viduals, and to respect human rights laws in force in Ontario.”

What message does this send? As a racialized student, it is quietly shocking to realize that individuals who currently hold positions, or have decided they would like to run for leadership positions, in our regulatory body take such umbrage with the idea that there may be a need to support diversity in the profession. I think that any reasonable individual can disagree on best methods or implementation for challenging discrimination. I understand that there has been a cultural sea-change on how we talk about diversity and inclusion— and this can leave folks feeling uncomfortable or lost in transition. Nevertheless, I am shocked by the rage directed towards a very low-level commitment—a low-level commitment that is squarely within the LSO’s role to regulate lawyerly conduct. A low-level commitment that provides substantial opportunities for a professional to tailor and formulate their own SOP. The decision by some candidates to stake their leadership campaigns on this issue sends a chilling message to racialized practitioners about their colleague’s commitments to building workspaces that are accessible by all. It lays bare the distance that the legal profession still has to cover before it can really say that it is handling issues to do with diversity and inclusion. There are litanies of ongoing challenges in the legal profession: access to justice, the articling crisis, the cost of LSO fees, public perception of our profession. These are all fertile ground for a meaningful campaign that would highlight the best of our profession and bring durable good to the LSO. I am hopeful that this campaign can largely focus on creating new and innovative approaches to these challenges. I would urge lawyers and paralegals going to the polls in April to reject any candidate who decided to demonstrate their leadership qualities by decrying the need to think seriously about inclusion in our profession.

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OPINIONS

March 27, 2019 | 21

Don’t Trek to Israel itrek gives an unapologetically pro-Israel version in a deeply nuanced conflict area JEREMY GREENBERG (3L) pears that the 2019 itrek tr ip w ill v isit OcThis spr ing, a group of Universit y of Tocupied Palestine, specif ically, Ramallah in ronto law students w ill embark on a weekthe West Bank. W hile that might be an oplong tr ip to Israel under the auspices of the portunit y for learning and engagement “ itrek” tour company. Since its founding in w ith the v ictims of Israel’s occupation, co2012, New York-based itrek has organized lour me skeptical. According to the draft tours for post-secondar y students in selectitinerar y I’ve seen, after v isiting Ramaled f ields, w ith the stated pur pose of lah, the group w ill immediately depart for “ introduc[ing] tomorrow’s leaders in busione of Israel’s many illegal sett lements in ness, law, and policy to Israel.” itrek’s law the West Bank. At some point on the tr ip, program, which w ill welcome approxiU of T students w ill almost certainly meet mately 30 of our classmates, descr ibes itself w ith soldiers from the as “a chance to see IsraIsrael Defence Forces, el’s democratic legal syshas repeatedly tem in action.” In the choice between which been accused of cr imes In other words, like itrek and no trek at all, against humanit y and Birthr ight, a not-forwar cr imes. prof it organization that no trek is the better In its most recent ansponsors free tr ips to Isoption. nual report, A mnest y rael for Jew ish young International, a Lonadults, itrek is a pro-Isdon-based NGO, rerael propaganda exerported that “Israeli soldiers and police and cise, albeit one that encourages participaIsrael Secur it y Agency of f icers have subtion from non-Jew ish students. That it jected Palestinian detainees, including ex ists is not sur pr ising; that a group of our children, to torture and other ill-treatment fr iends and classmates—tomorrow’s Canaw ith impunit y, particularly dur ing arrest dian leaders—are subjecting themselves to and interrogation. Reported methods insuch propagandizing is disappointing. cluded beatings, slapping, painful shackW hatever version of Israel’s “democratic ling, sleep depr ivation, use of stress posilegal system” they get, it w ill resemble tions, and threats. No cr iminal nothing of what is actually occurr ing in Isinvestigations were opened into more than rael and in Occupied Palestine. 1,0 0 0 complaints f iled since 20 01.” W hile each person’s decision to travel is ultimately their own, my hope is that this What it means to visit Israel in 2019 article w ill encourage prospective itrek A full accounting of Israel’s v iolations of participants to take a more cr itical look at law, justice, and human r ights would reIsrael than the version presented by tour quire more than the few column inches organizers. This comes at a particularly available here. However, it’s important for bad moment in the Israel-Palestine conU V readers—and participants in itrek—to f lict, under the illiberal leadership of understand Israel’s recent and most egrePr ime M inister Benjamin Netanyahu, g ious v iolations of fundamental norms of which further underscores how ill-adv ised international law. These are the themes this tr ip would be. and events, all captured from merely the last twelve months, that should be on the itrek’s problematic itinerary minds of any v isitor to Israel, especially itrek may promise a “non-partisan” and those embarked on such an unabashedly “multicultural” exper ience, but what it depro-Israel tour like this one. livers is an unapologetically pro-Israel version of the reg ion, its histor y, and current March 2018: events. Frank ly, some of the tour choices Short ly before U of T Law’s 2018 itrek tr ip, are mind-boggling. protests erupt in the Gaza str ip, setting of f For example, there’s a planned “Gaza a year of deadly v iolence in which Israeli Border Excursion”, presumably to gawk, soldiers k ill 295 Palestinians, including 57 through Israel’s “secur it y” fence, at the minors, according to the U N Of f ice for the two million Palestinians liv ing in what Coordination of Humanitar ian A f fairs. A mnest y International descr ibes as “a A mnest y International reports that acgrow ing humanitar ian cr isis” caused by Iscording to the A l Mezan Center for Human rael’s “ illegal air, land, and sea blockade”. R ights, a Gaza-based NGO, “at least There are also “AT V r ides on the Syr ian 10,0 0 0 others have been injured, including border”. Law students should f ind this ac1,849 children, 424 women, 115 paramedtiv it y particularly egreg ious g iven that said ics and 115 journalists”. “Syr ian border” is, in fact, the illegally ocB’Tselem, an Israel-based NGO, concupied Golan Heights. No countr y recogcludes that the deaths are “a direct result nises Israel’s annexation of this terr itor y of Israel’s reck less open-f ire policy, autho(as Ultra Vires was going to press, Presir ized by the government and the top milident Donald Trump tweeted that the Unittar y command, and backed by the judicial ed States should acknowledge Israel’s claim system.” of sovereignt y over Golan). According to a In that same per iod, Israeli soldiers recent article in Foreign Policy, the day-toshoot and k ill thirteen Palestinians, inday lives of Syr ians in the Golan are “charcluding f ive minors, in response to inciacter ized by systematic oppression and dents of stone-throw ing. Israeli soldiers rampant discr imination.” U of T’s itrek also falsely allege a separate incident of participants should be aware that in joystone-throw ing in an attempt to justify the r iding across illegally occupied terr itor y, illegal k illing of Muhammad Habali, a they become complicit in Israel’s v iolations 22-year-old w ith mental disabilities, who is of international law. shot in the head, from behind, by an IsraeSpeak ing of illegal occupation, it ap-

li soldier in the West Bank. Video footage later shows that Mr. Habali was not provok ing the soldiers. Dur ing the same year, Palestinians k ill 14 Israelis, according to B'Tselem.

tively excluding Israel’s substantial A rab minor it y population. February 28, 2019: Israel’s Attorney General Av ichai Mandelblit announces indictments against Mr. Netanyahu on charges of fraud, br iber y, and breach of trust. Mr. Mandelblit alleges Mr. Netanyahu received g ifts for tax favours, and colluded w ith major news companies by passing laws harmful to their competitors, in exchange for favourable news coverage. The same day that Mr. Netanyahu’s indictment is announced, a U N Independent Commission of Inquir y issues a scathing report on Israel’s actions dur ing the 2018 Gaza protests. The report concludes that the k illings of 189 Palestinian protesters, including thirt y-f ive children, three “clearly marked paramedics”, and two “clearly marked journalists”, which “may constitute war cr imes or cr imes against humanit y.”

May 14, 2018: A n Israeli sniper shoots Dr. Tarek Loubani, a Canadian, while the doctor is delivering emergency medicine to protesters in Gaza. Dr. Loubani tells CBC News that he was shot dur ing a “ lull” in the protest, and that he was wear ing a high-v isibilit y green medical outf it at the time. His shooting is part of a pattern of allegedly deliberate attacks on medics and doctors prov iding medical assistance to protesters in the Gaza Str ip, culminating in the death of Razan al-Naj jar (see below). Israeli forces shoot nineteen medical staf f that day, including Dr. Loubani, according to the doctor’s account. The Geneva Convention forbids f ir ing on medical personnel; if medics were deliberately targeted, then Israeli soldiers would have And now this: itrek goes to Israel committed a war cr ime. Israel’s cr imes against In total, Israeli forces Palestinians and v iolak ill 59 Palestinians that tions of the rule of law day and injure 2,70 0, acIsrael’s crimes against are real, contemporar y cording to the CBC. concerns. The above acPalestinians and No Israelis are k illed. is taken from just One Israeli soldier is inviolations of the rule of count the last year and Israel’s jured, according to The law are real, long-standing illegal ocGuardian. cupation and mistreatcontemporary ment of the Palestinian May 24, 2018: concerns. Terr itor ies dates back Israel’s Supreme Court much further than that. approves a government Speak ing as a Jew ishplan to demolish a PalesCanadian who has v isited Israel on multitinian v illage, K han al-A hmar, located in ple occasions and has family connections the West Bank. This decision is one in a there, I’m not say ing that students should long line of court-sanctioned expulsions of avoid Israel simply because its militar y legal residents for the sake of Israel’s illegal commits war cr imes, or its current Pr ime sett lement expansion in Occupied PalesM inister is a particularly egreg ious examtine. ple of illiberal ideolog y (such a str ict rule The demolition is placed on hold in Ocon travel would probably exclude a lot of tober 2018 in the face of a major global countr ies!). It is possible to v isit Israel, and outcr y. If Israel proceeds w ith its demoliI encourage my Jew ish and non-Jew ish tion, it would constitute a war cr ime, acfr iends to do so, but only on the r ight cording to Dav id Zonsheine, the chair of terms. B'Tselem. itrek, w ith its one-sided, shallow perspective on Israel, not to mention its faciliMay 24, 2018: tation of activ ities in the occupied terr itoThe President of the International Cr imir ies, is possibly the worst organizer to nal Court ( ICC) assigns the “Situation in entrust w ith that responsibilit y. Palestine” to the ICC’s Pre-Tr ial Chamber There are other options. The “pro for “preliminar y investigation”. peace” Israeli advocacy group, J Street, organizes more balanced Israel/Palestine June 1, 2018: tours, and you can always make your own A n Israeli sniper k ills 20 -year-old Razan way (obtaining a v isa is relatively easy for al-Naj jar, a medic attempting to assist a Canadians). wounded protester in Gaza. Ms. A l-Naj jar, That said, there’s always the option, esa volunteer emergency medical worker, was pecially for this year’s crop of itrek kers, for wear ing a clearly-identif iable white parawhom it’s never too late to back out of a medic’s vest at the time. bad deal, to not go, to not feed the Israeli propaganda machine, and to not pour dolJuly 19, 2018: lars into the tour ism industr y. A s much as Israel passes a highly controversial “naI trust my fellow classmates to think cr itition-state” law g iv ing Jews the “exclusive cally and to be skeptical about what the r ight to national self-determination” w ithpropagandists foist on them, I don’t think in Israel. The law is roundly condemned by itrek w ill of fer them the opportunit y to do world leaders as an attack on Palestinian so. statehood. Mr. Netanyahu recent ly douIn the choice between itrek and no trek bled down on the law, stating that Israel is at all, no trek is the better option. a “nation state only of the Jew ish people” and “not a state of all its citizens”, ef fec-

22 | March 27, 2019

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In Vino Veritas War of the rosés

TOM COLLINS (2L) Last March, IVV reviewed some rosés in anticipation of summer. This year, Amy Lin (1L) suggested that we review some more rosés, for the sheer pleasure of it. I, for one, did not need much convincing. I have frequently professed my love of this pretty pink juice—I happily drink it year-round. But, while my colleagues will be sharing some recent favourites, I will be sharing a couple of misses! Don’t get me wrong, my own reviews are not bad bottles; they just weren’t my glass of wine, so to speak. In any event, there are plenty of fine bottles here from which to choose. Danica Spring is in the air! While I can’t wait for the weather to turn warmer, particularly after the frigid past two months, the most exciting thing about spring, for me, is that it signals the start of rosé season. I love a good glass of rosé but rarely drink it over the colder months, partly because the LCBO doesn’t stock many at this time, and partly because it just somehow feels wrong. When I think of rosé, I think of sunny afternoons relaxing on a patio somewhere, free from worries of deadlines, assignments, and exams. Now is the perfect time to pick out your go-to rosé for the spring, and I’ve got two great options for you. First is the Château Val Joanis Joséphine Luberon Rosé (2017), which you’ll find in the Vintages section of your local LCBO for $23.95 (although it was

recently on sale for $7 off). This is a very pale rosé with a nice fruity aroma. It has a dominant red berry flavour that’s balanced with mild acidity, and it hits the perfect combination of being fruity without being too sweet. This would be a great happy hour rosé that would pair nicely with a charcuterie board, although I happily drank it alongside a bowl of popcorn. My second recommendation is the Delas SaintEsprit Côtes du Rhône Rosé (2017), which comes in a bit cheaper than my previous recommendation at $16.95 per bottle. If you prefer your rosés a bit drier and with a bit more body, then this is the wine for you. On first sip you get flavours of strawberries and raspberries, with spicy notes mixed in. The Delas is noticeably drier than the Château Val Joanis, but it has a similarly mild acidity. I would save this gem for dinner; it would go great with grilled chicken or calamari…or a second bowl of popcorn! Tom Do you love bone dry wines? Consider trying Château Léoube Rosé de Léoube 2017. This Grenache blend comes in an extremely minimal bottle that shows off its faint but dense blush colour so cleanly that it would look right at home in some design mag. Opening the bottle reveals strawberry and grapefruit aromas. But don’t be fooled, this is a severe wine with arresting tartness. I picked out hints of

lemon rind and chalk, but the alkaline finish, which comes fast and lasts long, is more of a mouthfeel than a flavour. This wine will stand up to the creamiest of dishes, but I would like a little more acidity for balance. $28.95 at the LCBO. If you are looking for something a little more easy-drinking, Ott by Ott 2017 might be a better choice. This wine is the baby brother of the famed Domaines Ott Château de Selle Rosé. The nose has fleeting aromas of watermelon and strawberry, but those don’t persist in the palate, which is mostly mineral. The mouthfeel is pleasantly juicy, and the body is medium plus, but there is not much finish. At $29.95, Ott by Ott is $20 less than its sibling, but I think it is still overpriced by about $10. Amy Whoever said that you should not judge a wine by its bottle has never come across Gérard Bertrand Côte des Roses. When it comes to rosés especially, people tend to drink with their eyes first. From the slick sloping bottle to the chic glass stopper, the packaging of this wine is delightfully elegant. With the palesalmon rosé blushing through the transparent bottle, flipping the wine on its head reveals a hidden pink rose cut into the base. Perhaps it is not surprising such a romantic wine hails from the South of France, a place as wellknown for its rosés as for its delightful landscapes.

On the nose, the first impression is an intense waft of acidic floral. While refreshing, for me, this mediumbodied wine is on the dry end of the spectrum when it comes to rosés. The lively palate of honeysuckle, watermelon, and unripe strawberries cascades into a lingering citrusy finish. Selling for $18.95 a bottle at LCBO, this wine will make for a wonderful gift to anyone who adores rosé and will convert those who proclaims otherwise. I suggest making a spring cocktail by adding some fresh grapefruit juice and sparkling water. So, what are you waiting for? Will you accept this rosé? Kimia Looking for something a little special? I recommend Henry of Pelham Cuvée Catharine Rosé Brut (VQA). This dry, sparkling rosé is salmon pink in colour and packed with delectable flavours: red berries, baked apples, fresh bread, and a long finish of creamy grapefruit sorbet. The nose shows delicious hints of citrus, roasted nuts, and strawberry danish. For $32.95 at the LCBO, this is a great substitute for Champagne rosé and certainly plays up to the expectation for a complex and well-balanced bubbly. Plus, it comes in a very pretty package! Take a bottle to an intimate gathering or celebration with friends and pair it with delicate sweet or savory pastries and small-bites. I tried it with home-made smoked salmon bites and loved the combo. I wouldn’t change a thing about this wine!

DIVERSIONS

Rejected 1L Exam Questions The final in a series GABRIELLE MCLAUGHLIN (2L) Const itut iona l: The government of the sub- Commonwealth of Foie Gras, a small, Canadian protectorate island of f the coast of Winnipeg, have passed the Must Hug Andy Act, which reads: 1. The pur pose of this Act is to ensure that A ndy is hugged frequent ly and meaning fully and to prevent any wrong ful complaints about hugg ing A ndy. a) “Meaning fully” shall be descr ibed as “w ith intent to impart warm regards” and “w ithout eye-rolling.” b) “ Wrong ful complaints” shall be descr ibed as “eye-rolling, whining, or generally mentioning a dislike for hugg ing A ndy.” 2. Ever y person commits an of fense who: a) passes A ndy on the sidewalk, in the park, on the subway or in a car and does not: i) hug A ndy for 20 seconds or more; and ii) impart genuine warmth through the hug; or b) avoids A ndy at all costs due to: i) lack of warm sentiment toward A ndy; or ii) think ing that this Act is stupid. Br igham and Candace are residents of Foie Gras who have been charged under the new Act. Br igham was charged under s.2(a)(ii) after he was caught texting behind A ndy’s back between the 13th to 18th second of a hug. Candace has been charged under s.2( b)(i) because A ndy is her ex-husband and she genuinely wants him dead. Br igham and Candace have come to you for adv ice on the constitutionalit y of the Act. Adv ise them based on the Canadian Charter of R ights and Freedoms, the Corrections Act and the closest cereal box ingredient list you can f ind. You can assume that all of the people involved are actually mosquitoes. You can also assume that A ndy does not smell fresh and that hugg ing him is generally unpleasant. Additionally, A lberta has launched a constitutional challenge of the leg islation against the government of Foie Gras, alleg ing that it infr inges on the r ight of the federal government to build pipelines any where they damn please. The federal government is inter vening on both sides, which they arg ue shows they are work ing tw ice as hard for Canadians. Adv ise the federal government on how to best avoid look ing like total hy pocr ites.

DIVERSIONS

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March 27, 2019 | 23

Tali Chernin, a Song of Praise Dedicated to Zachary Biech, for his auctioned promise RORY SMITH (2L) Attention! All rise! The students of law are now called to order by the great Grand Poobah, dictator-for-life, the ruler supreme, the fearless, the brave, the held-high-in-esteem: Tali the Bold! Yes, stand up and hail her humbleness now! May her wisdom prevail! Three cheers for His majesty and el Presidente, Ralph, the delight of all cognoscenti! He’s savvy! He has a prodigious IQ, and lots of panache, as all canines do! In his fancy chapeau, he’s a leader with taste! May his orders be heeded and his views be embraced! “The Hymn of Saint Tali” (To the tune of “Battle Hymn of the Old Republic”) She loved all creatures big and small and scaled and feathered to; For justice for her furry friends she argued through and through; Apparently, the library King Ralph they do eschew! One more term till she’s gone! Glory, glory, Tali Chernin! Glory, glory, Tali Chernin! Glory, glory, Tali Chernin! One more term till she’s gone! Her wrath was mighty terrible at the coming of the Ford; Her voice was heard in all the halls till she ripped a vocal chord; Once she graduates her rent will rise no longer can afford! Her life is marching on!

PHOTO CREDIT: TALI CHERNIN (2L)

Glory, glory, Tali Chernin! Glory, glory, Tali Chernin! Glory, glory, Tali Chernin! Her life is marching on! I have seen her bring two-score of 1Ls to the Follies’ fold; For not thinking they were funny she them righteously did scold; Her fury and their terror was a wonder to behold! Where have those 1Ls gone? Glory, glory, Tali Chernin! Glory, glory, Tali Chernin! Glory, glory, Tali Chernin! Where have those 1Ls gone? She came from far away a distant land across the sea; She’s never stopped insisting that I watch Community; I wish her, Kev, and Ralph the best once she’s a graduée! I’ll miss her when she’s gone! Glory, glory, Tali Chernin! Glory, glory, Tali Chernin! Glory, glory, Tali Chernin! We’ll miss her when she’s gone! Disclosure: This piece was written for the Promise Auction, 2019 that raised funds for the Native Women’s Resource Centre of Toronto. The winner of the Auction was Zachary Biech (3L), who asked that we write this profile of Tali Chernin (3L).

24 | March 27, 2019

DIVERSIONS

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Cooper’s Study Guide

Because if you can’t shamelessly publish pictures of your cat, why even have a student newspaper? EMMA RYMAN (2L)

Cooper studying.

Tip #1: When you're spending all day studying, it's important to get plenty of sunshine.

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DIVERSIONS

March 27, 2019 | 25

Tip #2: Make sure that you are taking Tip #3: Get enough rest. the time to get some exercise.

Tip #4: Make sure you take care of Tip #5: A nd if all else fails, just give up. your personal hygiene.

26 | March 27, 2019

DIVERSIONS

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A Definitive Ranking of the Washrooms in the Law School There is no washroom related pun in the subtitle because Diversions has integrity ANGELA HOU (2L) I’m sure that you all follow me on Insta (@_ angelahou) and that you’ve seen my Stor y ser ies where I prov ide the hottest takes on law school washrooms. Well, it’s getting close to exam season, and I thought I’d expand my reach to help all of you poor unfortunate souls that can’t drop a deuce at home. A s law students, we spend a lot of time in this building. We spend a lot of time studying in Bora, gossiping about who got clerkships in the atr ium, and judg ing that group of loud 1L bros in Rowell. It’s also an unfortunate realit y that we spend a lot of time on the porcelain thrones in the building. One of the great luxur ies of life (that law students are depr ived of ) is being able to use the facilities reg ularly and in the comfort of your own home. It’s okay though because I’m here to g ive you the def initive rank ing. So, the next time you’re unloading some timber in the school, at least you know that you’re using the best washroom $40,0 0 0 can buy.

1. Bora Basement Unisex This washroom has ever ything you want: a lock ing door (sort of ), peace and quiet, and no line of students who question why you’ve spent half an hour in there. You were probably cr y ing or play ing Candy Crush. We’ve all been there but we’ll all still judge you for it. This washroom is judg ment-free: so massive, it can hide your shame. You can even take a nap in here if you’ve really reached rock bottom and no one w ill even notice. No one ever notices you. 2. Facult y Washrooms (3rd & 4th f loor) Unisex These washrooms should be number one but miss out on the top spot for two reasons. First, they close at 5 pm. Most of us aren’t members of the law school elite and the plebs don’t get after-hours access upstairs. Second, a professor might walk in after you and you’re def initely getting an L P after they see what you did in there. The reason they would be number 1 is that they are always clean, never out of soap, TP, or paper towels, A N D they all have air fresheners (!!!). 3. 3rd F loor F lavel le This one is at the top of the stairs leading from the Fireside Lounge, a few doors down from Sara Fahert y’s of f ice. It is always clean, and it’s ver y convenient to get to from Rowell. But, it’s also the t y pe of washroom that you f ind ever y where in older buildings: the toilet seats are black so you can’t be sure what’s on them and the stall doors don’t go all the way up. If you’re tall like me, you r isk mak ing eye contact

w ith Sara Fahert y in the mirror while she’s washing her hands. Sorr y, A sst. Dean Fahert y, that must have been awkward for you. It def initely was for me.

4. Main F loor Unisex This washroom is one that you probably didn’t know about. Just beside the main entrance of J250, it’s usually clean enough, and there’s probably no one in there. It’s like Admin Law: you don’t hate it, but you don’t necessar ily want to be there either. However, it is designated as a handicap washroom so maybe don’t use it unless you absolutely have to, okay? 5. Bora Upstairs Unisex Upstairs Bora. Upstairs Bora w ishes it was as good as basement Bora, but is thank ful it’s not as bad as main f loor Bora. Upstairs Bora is just mediocre but has a hard time accepting that. Just like the major it y of the law students at this school. 6. Basement Fa lconer Unisex You didn’t see this one coming, did you? You might think I put this in here because it’s across from the Ultra Vires of f ice but I am a terr ible contr ibutor and have never been in the Ultra Vires cave [Editor’s note: can conf irm]. To be honest, I put this here because I’ve never been to any other washroom in Falconer. Is there another washroom in Falconer? Follow me on Insta and DM me to let me know. 7. Basement Jackman Women’s L ike most of you, I probably use this washroom the most. A lso, like most of you, I have an intense dislike of it. For my entire 1L year, one or both of the Dyson dr yers were broken. If you were wonder ing why all the women in the law school had wet hands last year, it’s because of this washroom. 8. Atrium Women’s Pick ing between the f inal two truly horrendous options was incredibly dif f icult. They are both completely and utterly aw ful. Atr ium Women’s manages to avoid last place solely for the reason that there wasn’t a gross spy camera found in it last year. This washroom is incredibly badly designed. W hy are there only three stalls? J250 alone seats 20 0 people! Half of people are women! The math doesn’t check out. The result that absolutely no one could have seen coming is that there is always a line and the washroom itself is always disg usting from overuse. This washroom also runs out of toilet paper by 3pm. We have 10 years to f ix climate change so maybe use less toilet paper?

9. Bora Main F loor Unisex This is it. The last one. Well, technically two, but they’re interchangeable. They are the worst of the worst. Ah, where to start? Well, despite the custodians’ best efforts, they’re always f ilthy. There was a literal spy camera found in it last year. What is even the point of spying on a law school bathroom? All that person probably saw was a series of people crying or playing Candy Crush. And the doors don’t actually lock so you run the risk of accidentally mooning a SNAIL, or worse, a 1L [Editor’s note: can conf irm]. This is the absolutely worst washroom in the law school. And yet, like many things in life, completely unavoidable.

Fol low @toilets_ in _toronto for more content Thanks for reading this incredibly useful list. If you would like more washroom content, follow the @toilets _ in _toronto on Insta. It isn’t my account because I don’t leave the law school but unlike this article, it’s good content. I’d like to conclude by thanking the law school’s custodial staf f. You’re tthe real gold medalists. T his article only ranks women’s washrooms because 1) most of them are unisex anyways and 2) gender is fake news.

DIVERSIONS

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March 27, 2019 | 27

Intra Vires Totally real news from around the law school HONGHU WANG (2L) AND MATTHEW PRIOR (2L)

New building at 90 Queen’s Park worries U V editors

Mysterious white powder discovered in library

Glassless Society makes wine drinking accessible again

Donations f lood in for mental health resources

Ultra Vires editors are worr ied about whether the underground burrow in the basement of Falconer Hall that is the Ultra Vires of f ice w ill be demolished for construction of a new building at 90 Queen’s Park. Many students inter v iewed were sur pr ised to learn that U V had an of f ice at all. “I thought that they were just mole people who disappeared underground”, said Tr init y Woodsworth (0L). Separately, law students were unsurpr isingly indecisive over the planned building at 90 Queens Park. Several overheard mutter ing “on the one hand… on the other…” to themselves as news of the new building broke. No word yet if the next moot tr yout w ill consist of a real estate zoning issue.

Police were called over myster ious white powder found in group study rooms at the Bora Lask in Law L ibrar y. Further tests revealed it was merely salt from tear yeyed law students. No conf irmation yet if the salt was used as an opportunistic SNA IL deterrent. In other news, a myster ious tunnel was discovered link ing the basement of the Bora Lask in Law L ibrar y w ith the main Tr init y College building. Entrepreneur ial “pre-law” students were seen smuggling in nav y sweatshirts w ith “TR I N IT Y COL L EGE” in gold pr int as well as a myster ious white powder that your correspondent conf irmed was def initely not salt.

A nnouncement from the Glassless Societ y: Fr iends, it is time we r ise up. For too long the shadow y cabal that is in v ino ver itas have tw ined their merlot stained f ingers around ever y aspect of our school. I propose a new w ine club—the Glassless Societ y: a w ine club for the common law student by the common law student. Its members shall adhere to the following tenets: 1. We w ill dr ink only red w ine. 2. We w ill use no glass, spittoon or bucket. 3. A ll rev iews w ill be point-f irst and in plain English. There w ill be no sommelier-ese. No discussion of mouth-feel or fruit-forwardness. 4. No merlot. 5. We w ill not dr ink any w ine from a cork top bott le.

Ms. Yuk imi Henr y was seen jumping into a pool of cash Scrooge McDuckst yle after donations poured into her department follow ing Ultra Vires mistakenly reporting that 71% of law students indicated that they had a mental health condition (the actual number was 21%).

The f irst w ine we w ill rev iew is Mott’s Clamato Caesar: Pick led Bean.

Tort or No Tort? Return of a beloved column with only half the funny HONGHU WANG (2L) This semester I’ve g iven up all human interaction, yet the Yak persists to lure me out of hiding w ith delicious pastr ies and mediocre fruit. TORT or NO TORT? There are no tarts at Yak’s Snacks. TORT or NO TORT? A 3L , who shall remain unnamed, continues to browse Tast y v ideos on Youtube r ight in front of me dur ing our 4:0 0 to 6:0 0 PM lecture. My stomach rumblings can be heard throughout the class. TORT or NO TORT? Some idiot scheduled my classes from 8:30 A M to 8 PM once a week. TORT or NO TORT?

28 | March 27, 2019

DIVERSIONS

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Platonic Ideal of Law School vs Actual Definitely not a day in the life of this writer… HONGHU WANG (2L) 7 AM: Ideal: Wake up. Hit the gym while catching up on the news of the day. Actual: Sound asleep. 8 AM: Ideal: Get back from the gym. Shower. Have healthy breakfast of scrambled eggs and whole grain toast. Make smoothie for commute to class. Actual: Still sound asleep. 9 AM: Ideal: Head to the library. Sit by big glass windows. Drink coffee. Brief cases for 10:30 AM class. Use colour-coded highlighters to mark important passages in casebook (yellow for issue, green for facts, blue for reasoning, pink for conclusion). Actual: Still sound asleep. 10 AM: Ideal: Head to class early for a seat in the front row. Cup of coffee: full. Smile: beaming. Actual: Wake up 30 minutes after class begins. Swear and throw on yesterday’s clothes that were on the floor. Frantically scramble for a pair of mismatched socks. Stumble to class. 11 AM: Ideal: Volunteer insightful questions to the prof, e.g., What does Justice Iacobucci really mean in Fraser River Pile & Dredge Ltd v Can-Dive Services Ltd, [1999] 3 SCR 108? Actual: Open and close Facebook about twentyseven times. Start a new game of Words with

Friends with your friend beside you. Browse blogTO and Toronto Life. Browse Reddit. Browse Imgur. Open Facebook again. Tag your friend in Dogspotting posts. Fawn over cute doggos you will never be able to pet. Wish you had a pupper. Try to pay attention in class and tune out when the professor starts talking about clerking for Justice so and so at the United States Court of Appeals for the Second Circuit.

12 PM: Ideal: Grab meal-prepped lunch from student fridge and eat it in the library while briefing for afternoon class. Actual: Find day-old pizza in the trash. It doesn’t smell too bad. Eat it. Some friends ask to go to the bar for a beer. Go to the bar. Have more than one beer. 1 PM: Ideal: Schedule fifteen minutes to chit chat with small-group friends. Consider applying to the Law Review. Apply to the Law Review. Actual: Have a nap in the basement. 2 PM: Ideal: Afternoon class. Take meticulous colour-coded notes by hand (blue for reading notes, black for class notes, red for review). Eagerly underline conclusions so summaries will go faster later that day. Actual: Skip afternoon class. Head home for a nap. 3 PM: Ideal: Actually pay attention in class and continue to take notes. Upload notes for accessibility services

(sharing is caring). Actual: Wake up. Play Skyrim. Wonder if you can play Skyrim for the rest of the day.

4 PM: Ideal: Have informational interview with a BigFirm LLP summer student over coffee (hold the sugar, please). Wonder if public interest jobs can pay enough to pay down debt from $40,000 tuition. Actual: Heat up some day-old bread and smear with Nutella. Some Nutella dribbles down your shirt. Wonder how life came to this. Schedule time to cry later this afternoon. 5 PM: Ideal: Have deep conversation with a friend about difficulties and stresses of law school. Support each other. Access mental health resources. Have a positive attitude toward mental health. Actual: Browse YouTube. Watch Tasty videos while eating more toast with Nutella. Your friend cancels dinner plans with you. You are secretly happy. 6 PM: Ideal: Complete household chores. Water and prune bonsai tree. Meditate. Call mother and have a pleasant conversation about how her tulips are growing in. Fit in a quick 5K run. Actual: Play more Skyrim. 7 PM: Ideal: Log your run on Strava. Give kudos to friend who just ran their first half marathon. Take another shower. Eat a healthy dinner of broccoli,

brown rice, and tofu. Actual: Still playing Skyrim.

8 PM: Ideal: Log all the hours you’ve spent in class or studying today (you are one hour short of 8-hour daily target). Read and brief cases for tomorrow’s class. Actual: Still playing Skyrim. 9 PM: Ideal: Finish reading for class. Start submitting a piece for Ultra Vires. Check your email and be happy about interview with Law Review. Consider trying out for competitive moots. Actual: Still playing Skyrim. 10 PM: Ideal: Write hand-written letter to best friend who moved to B.C. for medical school. Eat some kettle chips (your guilty pleasure) while watching Big Brother (the new season is perfect). Read a chapter from Stephen King's 11/22/63 (you try limit screen time right before bed after you read it in a newspaper somewhere). Marvel at Mr. King's literary genius. Write journal entry. Actual: Still playing Skyrim. 11 PM: Ideal: Go to bed for eight hours of sleep. Actual: Still playing Skyrim. 12 AM: Ideal: Getting some well-deserved zzzs. Actual: Still playing Skyrim.

Ultra Vires Vol 20 Iss 6 — March 2019

Articles inside

A conversation with Ikponwosa Ero

Responding to the Audit Report

Homelessness Crisis as a Crisis in Access to Justice

Platonic Ideal of Law School vs Actual

Tort or No Tort?

Intra Vires

A Definitive Ranking of Washrooms in the Law School

Cooper's Study Guide

Tali Chernin, a Song of Praise

Rejected 1L Exam Questions

In Vino Veritas

Don't Trek to Israel

Voting for or Vetoing Diversity?

Food for Thought

Reflections on the Davies Moot

How to Reform the Prison System

Oh, the Places You'll Go!

Defending the Role of the Defender

New Director for CDO

New Year, New Law

U of T Law Hockey Team Heads to Playoffs to Defend Title

U of T Law Hockey Wins Jennings Cup

Faculty Council

Faculty Hiring Numbers

Toronto Summer 2019 1L Recruit Results

Cannabis Law Panel Discusses Budding New Industry

Editor's Note

A Moot Point