Ian Scott Public Interest Internship Program - Osgoode Hall Law ...
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<strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Interest</strong> <strong>Internship</strong> <strong>Program</strong>
Table of Contents<br />
Press Release ........................................................................................................ 3<br />
Description of the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong> .......................................... 4<br />
Reports:<br />
1. Kofi Achampong, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2010 ........................... ..5<br />
2. Meghan Wilson, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2010 ............................ . 10<br />
3. James Yap, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2010 ................................... . 12<br />
4. Stephanie Kam, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2011 ............................. .. 14<br />
5. Swathi Sekhar, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2011 .............................. ...17<br />
6. Christopher Kim, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class of 2011………………….19<br />
7. Constanza Pauchulo, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class of 2012…………….22<br />
8. Tessa Crosby, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class of 2013…………………….25<br />
9. Jon O’Kane, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class of 2013………………………30<br />
10. Sarah Colgrove, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class of 2013………………….32<br />
Application form (2012) .......................................................................................... 34<br />
2
Press Release, November, 2005<br />
New <strong>Osgoode</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong> is a Tribute to the Honourable <strong>Ian</strong> <strong>Scott</strong><br />
TORONTO, November 10, 2005 – Colleagues and friends of one of Ontario’s most influential<br />
political figures –The Honourable <strong>Ian</strong> <strong>Scott</strong> – will gather on Monday, November 14, 2005 at 5.30<br />
p.m. at the National Club, 303 Bay Street, to celebrate the launch of the Honourable <strong>Ian</strong> <strong>Scott</strong><br />
<strong>Public</strong> <strong>Internship</strong> <strong>Program</strong> at <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School of York University. The media is<br />
cordially invited to attend.<br />
Ontario Chief Justice Roy McMurtry, former Ontario Premier David Peterson, former Toronto<br />
Mayor Barbara <strong>Hall</strong>, Ontario Attorney General Michael Bryant and many judges and lawyers are<br />
among the guests expected to attend this event marking the establishment of a program that will<br />
help <strong>Osgoode</strong> students attain summer employment at public interest organizations.<br />
In particular, the law firms of Paliare Roland Rosenberg Rothstein LLP and Gowling Lafleur<br />
Henderson LLP, which have helped fund the internship program, will be recognized, as will the<br />
five <strong>Osgoode</strong> students who participated in this summer’s inaugural internship program.<br />
<strong>Ian</strong> <strong>Scott</strong>, who will be at the event, graduated from <strong>Osgoode</strong> in 1959 and received an honorary<br />
doctorate from the <strong>Law</strong> School in 1997. In his careers as a barrister, politician and legal<br />
educator, he set high standards of achievement with integrity and commitment. He argued many<br />
important constitutional cases and was renowned for outstanding advocacy and clarity of<br />
thought coupled with wit and humour.<br />
First elected as a Liberal MPP to the Ontario legislature in 1985, he represented the riding of St.<br />
George-St. David until his retirement from politics in 1990. He held key cabinet posts, including<br />
Attorney General and Minister Responsible for Native Affairs.<br />
As Attorney General, <strong>Scott</strong> spearheaded important reforms, including the introduction of the first<br />
public sector pay equity legislation in North America and the comprehensive reform of the<br />
Ontario court system.<br />
He led the government's initiative to amend the Ontario Human Rights Code to prohibit<br />
discrimination on the basis of sexual orientation and implemented a new process for provincial<br />
judicial appointments.<br />
For further information, please contact:<br />
Virginia Corner<br />
Communications Manager<br />
<strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School of York University<br />
416-736-5820<br />
vcorner@osgoode.yorku.ca<br />
3
The <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Interest</strong> <strong>Internship</strong> <strong>Program</strong> is funded by <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School with the<br />
generous support of the Paliare Roland Rosenberg Rothstein LLP Award, the Gowlings Award,<br />
and the Friends of the Honourable <strong>Ian</strong> <strong>Scott</strong>, Q.C. Award.<br />
This award was developed to support the initiative of students interested in social justice/public<br />
interest and is available to students who attain summer work experience at a public interest<br />
organization such as a legal aid clinic, advocacy organization or non-governmental organization.<br />
Preference will be given to a student who is working unpaid or underpaid. Recipients must<br />
demonstrate consistent high academic achievement and financial need.<br />
Students are required to:<br />
a) Initiate discussions with eligible organizations;<br />
b) work with an organization to design a project that is in the public interest;<br />
c) prepare and submit a formal proposal that describes the project; and<br />
d) ensure the organization submits a letter of support for the student’s participation in the<br />
project.<br />
The award is intended to ensure students have funding, and thus the opportunity to work in<br />
social justice for 12-16 weeks in the summer.<br />
Who is eligible? Students entering their second or third year of the <strong>Osgoode</strong> J.D. program, or<br />
entering their second, third or fourth year of a joint <strong>Osgoode</strong> degree program.<br />
Due date: All completed applications must be at the Career Development Office by Thursday,<br />
March 1, 2012 at 4:00pm. Students must submit three copies of their proposal by the due date.<br />
Rate of pay: Up to $10,000 for full-time work, for up to 16 weeks; the award will be reduced if<br />
the full-time work is less than 12 weeks.<br />
Requirements: Students must submit a two-page report on their experiences to the Career<br />
Development Office by the end of September, the same year.<br />
Application: Complete applications will include: a description of the project, the letter of support<br />
from the organization, a resume, a cover letter describing the student’s interest in the area and<br />
commitment to social justice; undergraduate and law school transcripts; and the formal<br />
application form.<br />
Selection: Selection of the student and their project will be done by a three-person committee<br />
involving the Assistant Dean, Recruitment, Admissions and Career Development, the Director,<br />
Student Financial Services, and a member of faculty.<br />
Criteria: Students will be selected on the basis of their proposal; their demonstrated<br />
commitment to social justice; initiative in developing a project with an organization; extracurricular<br />
and volunteer experiences; academic performance; and financial need.<br />
The award is restricted to students who are Canadian citizens/permanent residents and, in most<br />
instances, residents of Ontario.<br />
4
Kofi Achampong, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2010<br />
Recipient of funding through the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong><br />
Report: African Union Commission<br />
This past summer, I had the pleasure of travelling to Addis Ababa, Ethiopia to work as an intern<br />
at the African Union Commission (AUC). The AUC is the principle secretariat arm of the African<br />
Union – a multilateral confederation of all African states (save Morocco) and other<br />
intergovernmental organs- dedicated to the goal of achieving Africa’s political, social and<br />
economic integration and development through coordinated action and decision making on<br />
matters that collectively confront all states in the region. This opportunity was facilitated by<br />
<strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, the University of Toronto’s African Studies Department, the African<br />
Union, and was made possible by the funding provided through the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong><br />
<strong>Program</strong>. Overall, the experience was both rewarding and challenging on a variety of levels, and<br />
ultimately, what I gained from it – both as a individual and as a law student - extends well<br />
beyond any of the actual technical work I was engaged in while working at the Commission. The<br />
following is a brief account of how this opportunity emerged, why I ultimately decided to pursue<br />
it, and what I gained both as an individual and as a law student from the experience.<br />
I have always had an interest in Africa, being both African (I was born in Ghana before<br />
moving to Canada with my family at age 6) and having studied international relations during my<br />
undergraduate studies at U of T- with a specific focus on African international relations and<br />
socio-economic development. In fact, during those years, I had done both formal and informal<br />
research on the African Union and had also come into contact with academics that specialized in<br />
the area of African politics. One of those academics, Dr. Thomas Tieku, a lecturer at the<br />
University of Toronto, became a regular contact of mine during my years of study. Aware of my<br />
interest in African international relations, he informed me that there was an opportunity to work<br />
as an intern at the African Union Commission; however, as the institution remained notoriously<br />
underfunded, I would have to pursue my own avenues for funding.<br />
After learning about the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong> during the first week of<br />
orientation at <strong>Osgoode</strong>, I kept in mind the possibility of applying for this initiative. I was<br />
encouraged by the law school’s sincere efforts to encourage students to broaden their horizons<br />
on the law and consider social justice alternatives as viable options outside the normal ‘Bay<br />
Street’ track. I considered the possibility of applying for this grant a fortuitous luxury, as avenues<br />
5
for funding of this sort are often limited and certainly few and far between. I also felt that the <strong>Ian</strong><br />
<strong>Scott</strong> <strong>Program</strong> presented a chance to actually discover my own interest in the law, while at the<br />
same time contributing in meaningful ways to worthwhile causes and projects aimed at reducing<br />
societal inequity and injustice.<br />
And so, when the time came to consider what I was going to do with my summer after<br />
completing a gruelling first round of law school, I decided that I would get my feet wet in the<br />
matters to which that I had always had a passion-African development and politics. I met with<br />
professor Tieku and informed him of the available options I had discovered at <strong>Osgoode</strong> during<br />
my first year of studies. He encouraged me to contact the African Union and put together a<br />
proposal for a research project that would actually allow me to contribute significantly to some of<br />
the African Union’s most pressing concerns. After researching some of the matters that the<br />
African Union had been engaged with over the last year or so, I decided that I would draw on<br />
some of my past research experience with international organisations, to design a project that<br />
would be at the heart of the African Union’s current agenda.<br />
As an undergraduate student at U of T, I had been involved with a project appropriately<br />
called the G8 Research Group. The G8 Research Group is an organisation founded by<br />
professor John Kirton and a number of his former graduate students and colleagues, at the<br />
Munk Centre for International Relations, located at the University of Toronto. The group also<br />
comprises a number of student analysts, who every year, assess the compliance of G8 Memberstates<br />
with official pronouncements and platforms on issues that concern Member-states of the<br />
G8 as well as the global community. As a student analyst, I was responsible for researching and<br />
writing on the compliance of G8 Member-states to their stated declarations during the annual G8<br />
summits. Adapting this idea, I thought about the possibility of utilizing a similar strategy towards<br />
the design of a compliance rubric that would measure the progress of AU Member-states with<br />
directives that had been adopted by the African Union during annual Heads of States summits,<br />
in particular those pertaining to the newly adopted African Charter on Democracy, Elections and<br />
Governance.<br />
With the assistance of Professor Tieku, I managed to contact various senior staff at the<br />
African Union Commission’s Political Affairs and Legal Affairs department and thus, sent them a<br />
copy of the project I intended to work on during my time there. They would eventually approve of<br />
the project and instructed me to get into contact with their human resources department in order<br />
to obtain official documents for processing and confirming the internship. I received these<br />
documents and promptly completed them. When the time finally came to apply for the <strong>Ian</strong> <strong>Scott</strong><br />
<strong>Internship</strong> <strong>Program</strong>, I would use these documents along with the copy of my proposal as part of<br />
6
the overall submission. In the end, I was fortunate enough to be selected as one of a number of<br />
recipients for funding through the <strong>Ian</strong> <strong>Scott</strong> <strong>Program</strong>, and was jubilant to have been given such a<br />
rare opportunity to pursue a worthwhile initiative.<br />
The internship itself would last for approximately 2 ½ months and would expose me to a<br />
range of issues and challenges that I could never have imagined experiencing. I could also<br />
never have envisioned that I would be able to contribute to some of the most urgent political and<br />
social matters facing the continent of Africa today. Nonetheless, through this experience, I<br />
learned that there were significant constraints to effectively implementing my project.<br />
Unfortunately, almost immediately upon my arrival, I was confronted with the realisation that the<br />
African Union Commission’s Political Affairs Department was abysmally under-resourced and<br />
understaffed that it would be impossible to effectively complete the project in the space of the 2<br />
½ month time-frame allotted for the project. Simply put, there was not enough logistical and<br />
administrative support to effectively assist the design and execution of this project, and so,<br />
almost as instantaneously as the initiative had started, I decided to alter the focus of the project.<br />
Perhaps I was overly ambitious about what I thought I could accomplish, or rather I<br />
hadn’t had enough exposure to the ways in which things operate in institutions of this sort. In<br />
any case, after learning that it would be infeasible to implement the project as I had initially<br />
planned, I decided to shift my focus away from working on my own single project, and instead I<br />
chose to offer my services and experience towards various projects that needed assistance.<br />
With a staff of less than 70 people in the Political Affairs Department, I could hardly imagine how<br />
the entire Commission – with a staff of less than 350 in total – could possibly support and<br />
manage the stream of activities concerning 53 countries representing over 800 million people.<br />
As a consequence of my decision to work as a ‘general’ intern, I would be assigned to<br />
work in a number of departments across many subdivisions of the Political Affairs Department<br />
and the Legal Affairs Department. For the duration of the brief 2 ½ months, I would be assigned<br />
to work across departments and subdivision including the Elections Division, the Human Rights<br />
Division, the Governance Division, and I even got a chance to do some work with the Peace and<br />
Security Division. Some of the more specific work I was able to contribute to included: drafting<br />
an internal memorandum of the consequences of Zimbabwe’s electoral turmoil for future AU<br />
monitored elections; writing up a concept note for an impending meeting on strategies for<br />
integrating local governance actors (paramount chiefs, local ngo’s, religious groups etc) in the<br />
larger-scale development projects of Member-states; developing a budget for multi-stakeholder<br />
meetings happening all over the continent; attending and organizing conferences on the drafting<br />
of a continental convention on internally displaced persons; providing critical research for a<br />
7
paper on the merging of the African Court of Justice and the African Court on Human and<br />
People’s Rights, and of course, fulfilling regular internship duties like taking down notes in<br />
meetings, photocopying and naturally, getting coffee.<br />
All in all, the entire experience was enlightening and unforgettable. Ethiopia gave me a<br />
wondrous opportunity to live in a society with a rich culture and history (human beings are<br />
actually thought to have originated in a region not far from where I was staying), as well as the<br />
chance to gain exposure to the realities of life and work in one of Africa’s most socially and<br />
politically contentious hot-spots. I would often witness scenes of extreme poverty and<br />
marginalisation that have given me a new appreciation for the role government, and the public<br />
law in general, as a means of ensuring equal access and opportunity for those who- for<br />
whatever reason- find themselves on the lower rungs of the economic ladder of society. The<br />
political climate in Ethiopia was also tense to say the least. It presented a first hand glimpse of<br />
some of the serious challenges facing not just Ethiopia, but the continent itself and the<br />
institutions - the AU included - that have been charged with the task of helping to find wide-scale<br />
solutions to the litany of problems facing the continent.<br />
Of course, Ethiopia and the AU also offered me an opportunity to witness how local<br />
ingenuity and hard work were interacting to counterbalance some of the uncontrollable global<br />
and domestic forces that conspire to hamper a more equal standard of living for the vast majority<br />
of the poor in Africa. In the end, I was left encouraged by some of the hard work that people and<br />
organisations – whether at the AU, UN, in local government, in churches and mosques, or<br />
simply on the street and in their homes – were doing to help alleviate large scale injustice and<br />
inequity and was left changed by the experience in ways that will remain with me for the entirety<br />
of my life and career.<br />
As someone that is both interested in law from a public interest perspective, and as a tool<br />
for combating societal inequity, I was stimulated and motivated by the experience I had at the<br />
AU. I had an opportunity to contribute in meaningful ways to some of Africa’s most pressing<br />
concerns, and was left enriched by the experience of working in an environment and institution<br />
that itself, must confront some of the very challenges it aims to tackle. I’ve also learned that<br />
lawyers are key players in the sphere of international politics and problem solving and must be<br />
keenly attuned to the ways in which legal documents can have beneficial or disastrous<br />
consequences for some of the world’s most marginalized communities.<br />
I am sincerely grateful to the <strong>Ian</strong> <strong>Scott</strong> <strong>Internship</strong> <strong>Program</strong> for facilitating this opportunity<br />
and for supporting not only my initiative, but those of other students equally committed to<br />
utilizing the force of law to help create a more just and equitable society. As a champion of<br />
8
social justice, <strong>Ian</strong> <strong>Scott</strong> did much to ensure that some of the most disaffected and marginalized<br />
segments of our society were given equal opportunity to pursue that which - regardless of<br />
background, orientation or other particularity – is their rightful province and entitlement; equal<br />
opportunity and a chance at happiness. Moreover, I am honoured to have served the African<br />
Union Commission under his legacy and to have contributed in some small measure to the<br />
creation of a more fair and just society.<br />
Kofi Achampong<br />
9
Meghan Wilson, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2010<br />
Recipient of funding through the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong><br />
Report: Foundation for Human Rights Initiative, Kampala, Uganda<br />
The political riots following the elections in Kenya had me seeking out an internship with<br />
an organization active in the advancement of civil and political rights in East Africa. We were told<br />
about the <strong>Ian</strong> <strong>Scott</strong> Fellowship during my first week at <strong>Osgoode</strong> and I was excited about the<br />
possibility of being able to take advantage of this great funding opportunity. I started by<br />
researching possible host legal<br />
organizations in the region over the internet<br />
and narrowed down my options to those I<br />
felt were involved in the most productive<br />
work and who had hosted international<br />
interns in the past. I contacted a number of<br />
different NGOs, but I was the most<br />
enthusiastic about the projects presented<br />
by the Foundation for Human Rights<br />
Initiative (FHRI) in Kampala, Uganda.<br />
Through numerous correspondences, FHRI<br />
and I were able to cooperatively establish<br />
the terms of my proposed internship. With<br />
the support of an <strong>Ian</strong> <strong>Scott</strong> Fellowship, I<br />
was able to join FHRI’s Rights Monitoring and Advocacy team in their activities to advance civil<br />
and political rights in Uganda.<br />
My main project during my time at FHRI was to research and develop a progress report<br />
on electoral reforms in the country. In 2006, Uganda held its first multi-party election in over<br />
twenty years. Fortunately, the elections did not end with levels of violence commensurate with<br />
post-election Kenya; however, they have been largely criticized for officially-sanctioned violence<br />
towards opposition parties, intimidation of the electorate and unfair use of public funds. Uganda<br />
remains a fragile democracy with serious impediments to citizens’ active assertion civil rights.<br />
Many of the suggested reforms from the judiciary, the Uganda Human Rights Commission<br />
(UHRC) and civil rights organizations will take years to implement and adequately inform the<br />
public about. The intention of the report is to establish what progress has been made towards<br />
these reforms and to advocate for all necessary reforms to be in place well before the 2011<br />
elections.<br />
We started by conducting some comparative<br />
research on international election standards and varying<br />
elections formats. Then, my research partner and I<br />
interviewed members of the Electoral Commission,<br />
Parliament, judiciary, the UHRC, media and civil society to<br />
10
establish what changes have been made since 2006 and what the experts feel are plausible<br />
implementation methods and timelines. We also conducted focus group research in rural villages<br />
and at an Internally Displaced People’s camp in Northern Uganda. Hearing this variety of voices<br />
allowed for a more complete grasp of Uganda’s political climate and the current state of<br />
democratic rights across the country.<br />
In addition to the elections research, I also participated in the regular activities of the<br />
research and advocacy department. These include conducting prison monitoring visits across<br />
the country as part of the Foundations on-going efforts to protect prisoner’s rights. The<br />
monitoring consists of investigating the conditions of the prisons and interviewing prisoners<br />
about their treatment, including following-up on any specific harassment and abuse complaints. I<br />
was also involved helping the Right to Life department develop mitigation pleas for prisoners on<br />
death-row.<br />
To diversify my experience from purely<br />
research and interviews, I also asked if I could<br />
assist the reparations department with some of<br />
their cases. Through this work I was able to attend<br />
a number of Human Rights Tribunals and develop<br />
legal opinions for cases of police or military<br />
torture. I also conducted research on the writs of<br />
mandamus and possible methods to force the<br />
government to comply with orders from the<br />
Commission, which is currently a very big barrier<br />
against victims receiving their rightful<br />
compensation.<br />
Apart from my work at FHRI, I really<br />
enjoyed my time in Uganda in its entirety. On weekends I would often venture to other beautiful<br />
parts of the country for activities such as hiking through game parks, white water rafting on the<br />
Nile, and the relaxing on the nearby Lake Victoria islands. The whole experience was very<br />
fulfilling and enlightening, and I am grateful to everyone that made it possible. I highly<br />
recommend that all <strong>Osgoode</strong> students with an interest in gaining valuable experience in social<br />
justice consider the possibility of an <strong>Ian</strong> <strong>Scott</strong> Fellowship.<br />
By: Meghan Wilson<br />
11
James Yap, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2010<br />
Recipient of funding through the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong><br />
Report: Prosecution of Child Prostitution Offenders and United Nations High<br />
Commissioner for Refugees<br />
Before coming to law school, I worked for two years as a field consultant at a software<br />
company. I was sent to work with clients all over Canada and the US, and on one occasion I was<br />
sent to the Philippines. It was an incredible experience and I enjoyed it immensely – but at the<br />
same time, I saw a lot of things that disturbed me. I was disturbed by the poverty and by the<br />
pollution. I thought to myself that one day, I would like to return and work on some of the issues<br />
that touched me deeply while I was there.<br />
One of the things that particularly disturbed me while I was there was the problem of<br />
child prostitution. So this summer, with the help of the <strong>Ian</strong> <strong>Scott</strong> Fellowship, I was able to travel<br />
to the Philippines to provide legal support to a child protection agency. As early as the fall of first<br />
year, seeing in the next summer a perfect opportunity to make good on my previous resolution, I<br />
set out to put together my own public interest summer project in the Philippines. I made a<br />
contact through a friend who referred me to the agency, and I made all the arrangements with<br />
them myself.<br />
My work there involved assisting in prosecutions of child prostitution offenders (private<br />
prosecutors being allowed in the Philippines, the agency has a lawyer on staff who prosecutes<br />
cases on behalf of victims), as well as helping to prepare draft national legislation on child<br />
pornography – looking at existing foreign and international legislation on child pornography<br />
worldwide and adapting it to a local context. I particularly cherished the opportunities I had to<br />
work directly with the girls at the shelter. Initially I thought this aspect of the work would be a little<br />
sad and sobering, but I did not realize what a refreshing and uplifting experience it would be to<br />
bear witness to the resilience of the human spirit. I truly learned a lot. I got the opportunity to go<br />
to court several times, and although I cannot venture much into the details of the cases,<br />
because of the sensitive nature of the topic, I did take a picture outside one of the courtrooms.<br />
However, this was not the only project I got involved with this summer. With the other half<br />
of the summer, I went to Malaysia where I volunteered at the UNHCR (United Nations High<br />
Commissioner for Refugees). Perhaps as a result of my own immigrant background, I have<br />
always taken a keen interest in the circumstances surrounding the patterns of international<br />
movement and relocation of people. Working at UNHCR was another amazing experience as I<br />
worked closely with refugees on a daily basis and heard some incredible and humbling stories. I<br />
12
worked in the Refugee Status Determination unit, which meant that much of the time I spent<br />
interviewing refugee claimants and assessing their claims. However, I also worked on research<br />
compiling a profile of the refugee case load as well as analyzing country of origin incident<br />
reports looking for potential violations of international humanitarian law. This research will allow<br />
the office to gain a better understanding of the people they are serving.<br />
UNHCR also does support work for recognized refugees who have been arrested,<br />
deported, robbed, or have had any other trouble with the authorities. I had the opportunity to get<br />
involved with some of this work, and it was a very rewarding experience. UNHCR’s work in this<br />
regard is particularly important because Malaysia is not a party to the 1951 UN Convention on<br />
Refugees. This means that refugees recognized by the UNHCR have no legal status in<br />
Malaysia, and thus they are very vulnerable. If they are caught by the authorities they can be<br />
deported to their home countries at any time. Additionally, if they fall victim to crime or some<br />
other form of abuse, there is a risk they will be deported if they report it. Because of the highly<br />
vulnerable status of these refugees, the UNHCR in Malaysia maintains strict confidentiality rules<br />
that prevent me from describing their stories or disclosing pictures of the refugees or the<br />
UNHCR premises.<br />
I am particularly grateful to the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Interest</strong> Fellowship program because it<br />
allowed me to set up and work on a project of my own design. It can be a little difficult to find<br />
funding for a self-designed public interest project. Far more common are instances where<br />
funding is advertised for an established project that has been set up by the host organization,<br />
and they are just looking for a person to fill it. Although I am sure these are great projects and<br />
great experiences, it is good that funding is also available to reward those who wish to take the<br />
initiative to design their own program tailored to their specific needs.<br />
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Stephanie Kam, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2011<br />
Recipient of funding through the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong><br />
Report: Zambia AIDS<strong>Law</strong> Research & Advocacy Network<br />
Prior to the commencement of my legal studies, I was invited to conduct a progress assessment<br />
of the University of Zambia’s HIV and AIDS Policy as a consultant. To say the least, my initial<br />
experience in Zambia inspired me to apply to law school and forever changed my life.<br />
In between reading cases and drafting case summaries in my first year at <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong><br />
School, I missed the warm and genuine smiles of Zambians and dreamed of spending the<br />
summer after my first year applying my humble legal research and writing skill set in the area of<br />
HIV/AIDS and human rights law. I created a list of potential public interest organizations in<br />
Zambia that would provide me with practical legal research and writing experience and narrowed<br />
it down to a non-governmental organization that housed a legal aid clinic. With the financial<br />
support of the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Interest</strong> <strong>Internship</strong> <strong>Program</strong> at <strong>Osgoode</strong>, I was able to assist the<br />
Zambian AIDS<strong>Law</strong> Research & Advocacy Network (ZARAN) in researching and advocating for<br />
the rights of people living with and/or affected by HIV/AIDS.<br />
HIV/AIDS in Zambia is of paramount concern with a prevalence rate of 15.2%, which is<br />
significantly higher than the HIV prevalence rate of the sub-Saharan Africa region (5.0%) and<br />
the global rate (0.8%). 1 Because AIDS is a disease that is primarily spread through unprotected<br />
sex and currently has no cure, stigmatization is strongly associated with those who have or are<br />
thought to have been infected with HIV. Therefore, limiting the discrimination of people living<br />
with and/or affected by HIV/AIDS goes hand-in-hand with the fight in eradicating the global<br />
epidemic.<br />
ZARAN actively does research and advocacy work on pressing issues that involve HIV/AIDS,<br />
human rights and the law. Some of their notable achievements include creating seminars for<br />
legal practitioners, teachers and trade unions; writing reports in priority areas including<br />
employment, health care and children’s<br />
rights; publishing a quarterly newsletter<br />
that is distributed throughout the country;<br />
and setting up the AIDS<strong>Law</strong> Clinic, a legal<br />
aid clinic for people who are living with<br />
and/or affected by HIV/AIDS.<br />
The AIDS<strong>Law</strong> Clinic provides free<br />
information, negotiation, mediation and<br />
litigation referrals. The clinic was originally<br />
mandated to provide legal services to<br />
people who have suffered discrimination in<br />
their place of work based on their<br />
actual/perceived HIV status. However, the<br />
clinic has also taken up cases outside<br />
workplace discrimination and has followed<br />
up on key human right issues related to HIV/AIDS in the areas of land law, family law,<br />
succession law, immigration law and public health law.<br />
1 UNAIDS, 2008 Report on the Global AIDS Epidemic, August 2008.<br />
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The majority of my internship as the legal support officer to ZARAN’s AIDS<strong>Law</strong> Clinic was spent<br />
working on a case of a false cure claim for AIDS. The brother of a deceased sought the help of<br />
ZARAN in the prosecution of a fake doctor who allegedly administered an injection of Tetrasil to<br />
the deceased that was promised to purge the body of HIV in exchange for the sum of 6,000,000<br />
ZMK (the equivalent of approximately 1,300 CAD). Tetrasil, scientifically referred to as<br />
Tetrasilver Tetraoxide, is better known for its disinfectant qualities in the First World and is<br />
sometimes used as a pesticide to clean swimming pools. The deceased had been taking antiretroviral<br />
medication for two years following the initial diagnosis of HIV positivity but ceased the<br />
life-prolonging medication following the accused’s advice upon receiving the injection. The<br />
deceased died shortly ten months later.<br />
Although the exact cause of death could be from the injection itself, the cessation of antiretroviral<br />
therapy, a combination of both and/or an alternate cause, it remains unknown due to<br />
the complexity of post-mortem reports of other patients who had received the injection<br />
administered by the accused and financial constraints in digging up a buried body and putting it<br />
under autopsy. Nevertheless, my self-directed research and interviews with key informants<br />
revealed that the accused could be held liable in the import, distribution, advertising and<br />
administration of a false cure claim for AIDS for breaching up to four different pieces of Zambian<br />
legislation: the Pharmaceutical Act, the Food and Drugs Act, the Medical and Allied<br />
Professionals Act, and the Penal Code.<br />
Some of the people I was fortunate enough to interview on behalf of ZARAN in the investigation<br />
of the prosecution of the accused include the Director of Clinical Care and Diagnostic Services<br />
at the Ministry of Health, the Deputy Commissioner of Police for the Medical Directorate of the<br />
Zambia Police Service, the Pharmaceutical Regulatory Authority, the Drug Enforcement<br />
Commission and various legal advisors to ZARAN.<br />
15
In an effort to decrease the likelihood of this type of atrocious incidence from happening again<br />
and to reiterate that there still remains no cure for AIDS, I also wrote an article on false cure<br />
claims for ZARAN’s quarterly newsletter that was distributed throughout Zambia. False cure<br />
claims are of particular concern as the right to one’s health is a fundamental human right.<br />
Everyone has a right to attain the best possible state of health through the access to prevention<br />
and treatment programs. When people living with HIV/AIDS fall victim to a false cure claims their<br />
access to anti-retroviral drugs is compromised in the sense that they wilfully abandon taking their<br />
medication as a result of their belief that they have been cured. This tragedy is exacerbated by<br />
the fact that the some of these false cures contain allied substances that are harmful to the body<br />
when ingested or injected. In this situation, people who have AIDS may be accelerating their<br />
death as they already are living with a compromised immune system.<br />
I am currently working on an opinion piece paper on behalf of ZARAN for the Human Rights<br />
Committee of the National Constitution Conference as Zambia is currently amending its<br />
Constitution. The paper will draw upon the international conventions that Zambia is a signatory<br />
to, emphasis how stigma associated to AIDS is counterintuitive to the eradication of HIV, and<br />
outline the pros and cons of inserting “health status” as a ground for discrimination in Article 23<br />
of the Constitution of Zambia.<br />
With such incredibly interesting and invaluable international experience gained from my summer<br />
internship, I will be forever grateful for the generosity of the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Interest</strong> <strong>Internship</strong><br />
<strong>Program</strong>. I highly recommend this program for any student that is independent, a self-starter,<br />
and interested in spending their summer working in a social justice-related field.<br />
16
Swathi Sekhar, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2011<br />
Recipient of funding through the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong><br />
Report: Looking at the Sexual and Reproductive Health Rights of Prisoners in Malawi<br />
I remember my first week in Malawi as one of a) nerves, and b) feeling like I had<br />
something to prove. I felt like an intruder; who was I, this law student from Canada, to come to a<br />
different country and culture and look at serious issues that I knew very little about, and that<br />
other people have devoted their entire lives to?? I knew that to get the most out of this<br />
experience I would need to place myself in a position of learning from others rather than trying to<br />
see what I could contribute from the outset. I think this served me well.<br />
I had the wonderful privilege of working with MANASO, the Malawi Network of AIDS<br />
organizations, out of their Blantyre office. The primary function of MANASO is as a resource tool<br />
for local community based organizations (CBOs). Member CBOs have access to the resource<br />
center which carries books and other tools regarding HIV/AIDS, health, fundraising and other<br />
useful information. MANASO also conducts free workshops for CBOs, on issues such as<br />
resource mobilization, strategic planning and advocacy. I was incredibly drawn to MANASO<br />
because of this focus on grassroots empowerment.<br />
Nonetheless the first couple of weeks were challenging. My project was set up as the<br />
legal research component of an ongoing, four year project that MANASO is undertaking. My<br />
research originally involved looking at the sexual and reproductive health (SRH) rights of three<br />
vulnerable communities in Malawi: commercial sex workers, rural youth and prisoners. It soon<br />
became clear however that this was an insanely ambitious project for a three month period of<br />
time (or even 30 years if you ask me!) The research I had done up to that point indicated a real<br />
need to examine prisoner’s issues in Malawi, so I decided to switch my focus to this group in<br />
particular.<br />
But first I had to overcome my minor inferiority complex. I decided that I needed to really<br />
educate myself about on-the-ground realities. I started engaging with local organizations that<br />
were already working with prisoners to try to get my footing and learn where to start. I met some<br />
unbelievably dedicated people who are truly committed to their work, against all odds. One of<br />
the people I met worked with a group that was educating men and women in prison, and when I<br />
told her about my research, she suggested that I come to prison with her to talk to some of the<br />
inmates. These were undoubtedly some of my most valuable experiences. I visited only one<br />
prison, but I went back several times, and learned a great deal about human rights issues and<br />
needs on the ground.<br />
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In Malawi, like most low-income countries with limited resources, prisons tend to fall fairly<br />
low on the list of government priorities. There is virtually no legal representation or legal aid.<br />
Most prisoners are on remand, and have been incarcerated for 5 or 6 years, without ever going<br />
to trial. I spoke to many women who had been sentenced to several years for trying to defend<br />
themselves against abusive partners, but they did not know how to plead self-defence. Many<br />
prisoners had not even heard of bail. Extreme overcrowding also results in food shortages and<br />
many health issues, particularly HIV/AIDS, tuberculosis, and hepatitis.<br />
One issue that is extremely prevalent in Malawi prisons is the spread of HIV/AIDS<br />
through men having sex with men (MSM). Homosexual activity is explicitly illegal and culturally<br />
unacceptable in Malawi. I found only one organization in the entire country that was working with<br />
the MSM population, and they were forced to maintain a very low profile. Though this is very<br />
slowly changing, the official prison line is still that MSM activity is not occurring. This is naturally<br />
problematic for prevention, as it is believed by many that condom distribution will condone MSM<br />
activity. But this is a serious issue that is most certainly contributing to the rapid spread of<br />
HIV/AIDS in prisons, and it must be addressed. One prisoner whom I interviewed in particular<br />
was courageous and open enough to discuss these issues with me on several occasions,<br />
despite the personal risk this posed for him if we were overheard. I am very grateful to him.<br />
Going to the prison was a bittersweet experience. At times I was so overwhelmed by all<br />
the need, and I felt deeply frustrated at my inability to do anything more tangible to help. But I<br />
had to recognize that the fight for prisoner’s rights, like most battles, is an ongoing struggle. We<br />
have to start somewhere, and I hope to use my experiences in Malawi to foster positive change<br />
in the future.<br />
My project culminated in the compilation of all my research findings into a resource tool<br />
for MANASO, to be distributed to CBOs working with the prison population. This document set<br />
out the legal rights of prisoners, how they are protected by both national and international<br />
legislation, what this means in practice, and how to advocate on behalf of this vulnerable group.<br />
Though I wish I could have continued with my research, I felt happy with this output, and I feel<br />
that this minor contribution may be able to help others in the future.<br />
Malawi is a beautiful country, full of generous, open and incredibly kind people. The <strong>Ian</strong><br />
<strong>Scott</strong> Fellowship gave me the once in a lifetime opportunity to discover this country while<br />
carrying out my own research initiative. This summer I had the chance to travel, learn, teach,<br />
laugh and listen. The <strong>Ian</strong> <strong>Scott</strong> Fellowship is a unique opportunity available to <strong>Osgoode</strong><br />
students, and I would strongly encourage anyone who is interested to go for it!!<br />
18
Christopher Kim, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2011<br />
Recipient of funding through the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong><br />
Report: Office for Refugees, Archdiocese of Toronto (ORAT)<br />
The Office for Refugees of the Archdiocese of Toronto (ORAT) is a small satellite<br />
department of the Archdiocese manned by five fulltime staff members and a handful of<br />
volunteers. The mandate of ORAT is to facilitate the “Private Sponsorship of Refugees<br />
Agreement” that the Archdiocese of Toronto holds with the Federal Government (Citizenship and<br />
Immigration Canada). Through the agreement, ORAT is able to directly resettle those refugees<br />
that have fled their home countries and have found themselves in countries of asylum, albeit<br />
without durable solutions. With the help of the <strong>Ian</strong> <strong>Scott</strong> Fellowship, I was able to devote all 4<br />
months of my summer to an ORAT internship. The summer experience can be roughly split up<br />
into three segments, each of which had a unique primary objective described as follows: (1)<br />
learning the functions of a fulltime ORAT staff member; (2) the “Remedies Project”; and (3) the<br />
“National Initiative” and sponsorship of Iraqi refugees. The following paragraphs will flesh out<br />
my experiences in each of the three segments.<br />
ORAT handles roughly 350 cases per year and is directly involved with the resettlement<br />
of around 100 refugees per year. Due to the lack of manpower, each staff member has been<br />
trained to perform specialized tasks that were originally assigned to other members. The first<br />
month of my internship was accordingly dedicated towards learning the daily and specialized<br />
functions required of each staff member; among these included casework management,<br />
outreach to potential sponsors, client in-take and interviewing, the drafting of memos and official<br />
ORAT forms, and an assortment of administrative duties.<br />
As an ongoing project throughout the summer, I spearheaded the “Remedies for<br />
Rejection of Overseas Applications” project. The rationale behind this project is simply that<br />
overseas refugees and their domestic sponsors rarely ever know what remedies (legal and<br />
otherwise) are available to them once an application is rejected. This project, which is still in<br />
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works, is focused on compiling all available remedies into an easy-to-use-and-understand<br />
manual.<br />
A month into the internship, ORAT’s short-term focus was unexpectedly shifted when the<br />
Minister of Citizenship and Immigration called on private Canadians to assist in the sponsorship<br />
of Iraqi refugees stranded in Syria. Once the Archdiocese accepted this call, ORAT’s overall<br />
focus in the latter three months of summer was strictly narrowed to outreach efforts in order to<br />
induce sponsorship participation from all Canadian faith communities, but primarily from the<br />
greater Toronto area Catholic community. The entire ordeal was named the “National Initiative.”<br />
The 250 parishes in Toronto were divvied up amongst the staff members with the result of my<br />
being assigned to the Western Zone which extended as far as Orangeville! My specific duties<br />
during this segment included contacting the 70 parishes within my zone, scheduling and<br />
attending meetings and information sessions, attempting to convince parishioners to sponsor<br />
refugees, and finally the creation of an online database from which all staff members could view<br />
refugee profiles forwarded to us from our director who was operating a refugee screening<br />
process in Syria.<br />
Reflecting back, this intense summer is perhaps best summed by reference to the<br />
immortal words of rapper Jay-Z – “can’t knock the hustle.” Indeed, by the season’s end, I could<br />
sufficiently carry out the tasks of all other staff members and had finished a rough draft of the<br />
“Remedies” manual. Moreover, on account of the “National Initiative,” I had logged nearly 2000<br />
km of driving, contacted 68 parishes, met in-person with the majority of them, and received<br />
roughly 20 firm commitments to sponsor, with the majority of the remaining ones agreeing at<br />
least to assist in some other way (through financials, donations, or volunteering hours). It was a<br />
strenuous season to say the least, but the results arising from our efforts redeemed the<br />
countless hours that were put in. As a final word, I would like to express sincere gratitude to the<br />
<strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Interest</strong> Fellowship program for making my summer experience possible and I<br />
20
would wholeheartedly recommend self-motivated student-hustlers to likewise pursue rare<br />
opportunities made possible by it!<br />
21
Costanza Pauchulo, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2012<br />
Recipient of funding through the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong><br />
Report: ECPAT, Phillipines<br />
This summer I, and my partner Erin Dunsmore, spent three months in Manila working for<br />
the Philippine branch of an international organization called “End Child Prostitution, Child<br />
Pornography and the Trafficking of Children for Sexual Purposes” (ECPAT). The main projects<br />
of ECPAT Philippines include advocacy for legal reform, community awareness campaigns and<br />
the promotion of youth participation programs. These projects focus on addressing the<br />
commercial sexual exploitation of children (CSEC) in the Philippines. This includes advocating<br />
for preventative and deterrent measures at national, regional and international levels as well as<br />
developing partnerships with government officials and other civil society members. ECPAT<br />
Philippines also runs a temporary shelter, known as the “ECPAT Home”, for girls and boys who<br />
have been victims of CSEC. The shelter provides access to legal counsel, social workers,<br />
education and community involvement activities.<br />
A recent accomplishment for ECPAT was the passing Republic Act 9775, the Anit-Child<br />
Pornography Act, in November 2009. ECPAT actively lobbied for the passage of this act which<br />
lays out new and stricter guidelines regarding the possession and distribution of child<br />
pornography in the Philippines. This bill will enable Philippine <strong>Law</strong> Enforcement to aid children<br />
by instituting penalties against those who circulate damaging and illegal pornographic materials,<br />
and represents a significant step towards positive change.<br />
Our Summer <strong>Internship</strong><br />
Our main project throughout the summer focused on the city of Puerto Princesa on the<br />
island of Palawan. This city was chosen because of its growing tourism industry. There is a<br />
concern on the part of ECPAT, as well as some of those living within Puerto Princesa, that this<br />
increase will be accompanied by an increase in the prevalence of child sexual exploitation. Our<br />
22
task was to conduct a sociological analysis of the state of child protection laws and programs in<br />
the city and to assess the general attitudes of city officials and non-governmental organization<br />
(NGO) representatives on the issue of CSEC within their city. We began our project by<br />
conducting general background research into the problem of CSEC in Southeast Asia. We then<br />
studied international instruments such as, the United Nations Convention on the Rights of the<br />
Child, as well as Philippine laws on child protection. The Philippines has some of the strongest<br />
and comprehensive child protection laws in the region; however, there a problems with<br />
enforcement and implementation of the social programs outlined by these laws.<br />
After completing this research, we traveled to Puerto Princesa for one week where we<br />
conducted approximately fifteen interviews with city officials from various departments as well as<br />
one interview with the representative of a local NGO. After reviewing and compiling our data for<br />
our report, our final conclusion was that although, at present, the problem of child sex tourism is<br />
perceived to be minimal within the City, several risk factors exist that may exacerbate the<br />
problem as tourism increases. These factors include poverty, rapid increase in migration and<br />
population growth, lack of data or monitoring of current incidences of child prostitution or<br />
pornography, lack of resources to fully implement social programs, minimal awareness or<br />
recognition of the potential problem, and lack of employment.<br />
In addition to this project, we also participated in community awareness seminars in<br />
Manila and on the island of Boracay, assisted with fundraising initiatives, attended court<br />
hearings and conducted legal research in the areas of criminal procedure and constitutional law.<br />
We also went on a weekend retreat with our co-workers and the girls living in the ECPAT Home<br />
to a rural area near Manila. This retreat provided an unforgettable opportunity to gain a broader<br />
perspective on Filipino life and culture and to build stronger relationships with the people at<br />
ECPAT.<br />
23
Reflections and Looking Forward<br />
Looking back on our placement, it is not really the details of our work that I am drawn to<br />
(though much of it was very interesting and rewarding) but the small moments between our coworkers<br />
or the girls living in the ECPAT Home. The times around the kitchen table or the<br />
informal conversations in the office are where I feel that I learned the most and, perhaps most<br />
importantly, were the events that truly shaped my internship.<br />
I would like to take this opportunity to thank the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Interest</strong> <strong>Program</strong>.<br />
Without this grant I would not have been able to pursue my internship at ECPAT and gain<br />
invaluable insight into public interest advocacy and lawyering. I know that the lessons and<br />
memories that I have from my summer in Manila will carry with me throughout my professional<br />
and personal life.<br />
24
Tessa Crosby, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2013<br />
Recipient of funding through the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong><br />
Report: Nunavut Department of Justice, Iqaluit, Canada<br />
By receiving the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Interest</strong> <strong>Internship</strong> Award I was able to work as a summer law<br />
student with the Nunavut Department of Justice in Iqaluit. I was placed in the Policy and<br />
Planning Division but also did projects for Legal and Constitutional Division as well as the<br />
Directorate. One of the many challenges currently facing Nunavut is its lack of human resources<br />
capacity. Only approximately 25% of Nunavummiut graduate high school and the competition for<br />
graduates between the many governmental departments, Inuit organizations and private<br />
enterprises is fierce. The result is that the Nunavut Department of Justice (like many<br />
organizations in the territory) is understaffed, particularly with respect to positions requiring<br />
advanced degrees. Unfortunate though it is, this situation gave me an unparalleled opportunity<br />
to take on challenging, interesting work. My projects included:<br />
• Conducting phone interviews with Civil Forfeiture Directors from across Canada to solicit<br />
recommendations for Nunavut’s proposed civil forfeiture legislation.<br />
• Conducting a review of civil forfeiture jurisprudence from across Canada in order to<br />
understand how Nunavut’s proposed act is likely to be applied, and making suggestions<br />
for legislative drafting in order to minimize the negative effects.<br />
• Legal research and writing for the preparation of ministerial briefing notes<br />
• Providing simultaneous English to French oral translation at a reception hosted by the<br />
Department during the Federal-Territorial-Provincial Deputy Justice Ministers meeting in<br />
Iqaluit<br />
• Written translation (English to French) for intra-departmental materials<br />
• Reviewing a draft will kit designed to address the urgent problem of most Nunavummiut<br />
dying intestate and writing a plain language step by step guide to completing it<br />
• Reviewing and compiling a binder of reports filed by the Nunavut Human Rights Tribunal<br />
• Attending the Nunavut Association of Municipalities meeting in Rankin Inlet and<br />
compiling answers to questions posed to the Deputy Justice Minister on her behalf.<br />
• Creating a line by line summary of the proposed Family Support Order Enforcement Act for<br />
tabling at the summer legislative sitting.<br />
With respect to my career, the internship was an unparalleled success; not only did I take on<br />
responsibilities far greater than an average 1L in the southern provinces, but I met and was<br />
mentored by such high ranking officials as the Nunavut Minister of Justice, the Deputy Justice<br />
Minister and Divisional Directors. Their inspiring examples have shaped my understanding of the<br />
legal profession and its responsibility towards the public.<br />
25
The <strong>Ian</strong> <strong>Scott</strong> Fellowship allowed me to make a valuable contribution to my employer, the<br />
Nunavut Department of Justice. In addition to my energy and enthusiasm, I have research,<br />
writing and analysis skills which are relatively rare in the territory. By applying them even to<br />
relatively simple tasks I was able to ease the workload of the regular employees. Although not<br />
strictly law-related, I also undertook several translation assignments, thereby saving the<br />
Department the high cost and long timeline of working with an external translator.<br />
Nunavut is probably the Canadian jurisdiction most in need of innovative law making, yet due to<br />
its human resource difficulties it is ill-equipped to generate them. There have been a number of<br />
ideas generated which haven’t been followed up on simply because there is no employee with<br />
the skills or time to do so. My work on civil forfeiture is a good example of this. The possibility of<br />
introducing civil forfeiture as a tool to combat the territory’s powerful bootlegging network was<br />
conceived of years ago, but no action had been taken on it prior to my arrival because there was<br />
no one able to do it. It was a privilege to contribute to such an important project.<br />
I am writing a supervised independent research paper for credit based on primary research<br />
(semi-structured interviews) I conducted while in Iqaluit. The topic of the paper is the<br />
consultation process which occurred prior to the creation of Nunavut’s Family Abuse Intervention<br />
Act. In addition to converging with my personal interest in women’s issues, this topic is of clear<br />
and urgent relevance to Nunavut communities which face the worst rates of domestic violence in<br />
Canada. It is a privilege to be able to make my own small contribution to the field, and one which<br />
I could not have made had I not spent time in the territory on the <strong>Ian</strong> <strong>Scott</strong> Fellowship.<br />
26
Iqaluit in July<br />
Sylvia Grinnel River<br />
Dogsledding in June<br />
27
Walking across the ice, May<br />
Rankin Inlet, May<br />
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Iqaluit, June<br />
29
Jon O’Kane, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2013<br />
Recipient of funding through the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong><br />
Report: Foundation for Human Rights Initiative (FHRI), Kampala, Uganda<br />
The <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Interest</strong> Fellowship has redirected my life’s trajectory, for the better. This<br />
past summer, I worked as a legal research intern the Foundation for Human Rights Initiative<br />
(FHRI) in Kampala, Uganda. I came to <strong>Osgoode</strong> to explore the many facets of what a career in<br />
social justice could be and this opportunity finally gave me the chance to see hands on what<br />
lawyering internationally can be like.<br />
My project highlighted how quickly the needs of third world NGOs can change. Initially, I had<br />
prepared to work with FHRI drafting a report on their national election of February 2011, auditing<br />
how consistently it complied with domestic and international standards. Instead, my project<br />
transformed into a broader assessment of the state of the right to fair trial in Uganda. The FHRI<br />
produces two research reports annually, each focusing on a rights assessment for one aspect of<br />
the country. I was given incredible flexibility in designing the framework, researching the<br />
content, and then writing the first copy of the document. To do this, I worked primarily with<br />
another intern, with a support network of the entire NGO. The fair trial report, although aimed at<br />
providing recommendations to government actors to implement change, was more generally<br />
written for an audience of local and international groups which would benefit from the compiled<br />
information, interviews, and recommendations.<br />
Therefore, I began my summer experience by doing statutory analysis of the current state of the<br />
law itself. I am now delightfully familiar with the Ugandan Trial and Indictments Act and Prisons<br />
Act, for example. With a modern Constitution first introduced in 1995, there were still some<br />
inconsistencies between legislation and the Constitution that began the basis of my<br />
recommendations for areas of public interest litigation.<br />
Once the legislation and case law had been reviewed, the analysis turned to measuring how the<br />
current state of the law was being implemented in practice. More pressingly, we wanted to<br />
determine why practice may be inconsistent with law and provide recommendations to remedy it.<br />
At was at this point that my internship became fascinating. I set off to explore the real, on the<br />
ground pace of Uganda and met with countless stakeholders across the justice sector. The<br />
initial research was carried out in Kampala, where I interviewed state attorneys, inspected police<br />
stations and prisons, and met with police officers and suspects. I saw vastly different normative<br />
framework about the role of policing and prisons than both in Canada and even the Uganda<br />
legislation. The challenges faced were a blend of attitudinal approaches to crime and resources<br />
problems being spread across the country. What drew me into my work so quickly was how<br />
surprised I was that myself and another international intern could adapt to the frame of reference<br />
of the Ugandan system and parse our way through the challenges to get to the root of some<br />
issues.<br />
The urban situation, with respect to fair trial, was just one depiction of the justice system. My<br />
partner and I proposed we travel to rural regions and carry out similar assessments to compare.<br />
FHRI warmly endorsed the idea and I travelled to Northern Uganda, where research had been<br />
minimal in wake of the 20-year civil war which had ended only two years ago. I didn’t know what<br />
to expect, but after a few bus rides, a tightly packed taxi, and four hours on the back of a truck, I<br />
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was able to take in several rural towns to meet with people on the ground.<br />
Although I found Kampalan interviews to have a somewhat adversarial tone, the case was much<br />
the opposite in the North. In the post-war zones, police and prison staff seems very cooperative<br />
to work with NGOs like ours to take part in the rebuilding process. To inspect a prison, I would<br />
need government permission to meet with convicts and those on remand awaiting trial. Maybe it<br />
was a sense of feeling welcome, or over-ambition after a week in the North doing motivating<br />
work, but near the end of my trip I would speak with prison staff, acknowledge I had no formal<br />
permission, but be allowed to walk inside regardless. This was all part of the community<br />
approach to work together to identify and solve problems in the justice sector and why my time<br />
in rural Uganda was the best part of my fellowship.<br />
Upon returning to Kampala, I pieced together my research and worked to do some final<br />
interviews in the city. One of which was an entertaining meeting with a military lieutenant on the<br />
topic of the Court Martial system. For the most part, I spent my final few weeks actually writing<br />
the report, assessing every step from arrest to sentencing. The predominant issue I focused on<br />
was why prisoners overstay on their remand periods, locked in prison awaiting trials often for<br />
years before seeing a judge to be convicted or released. The fun came in the recommendations<br />
– why is the system this way? The recommendations ranged from the practical (such as how<br />
Kitgum prison needed a lightning rod because too many prisoners were being struck by<br />
lightning) to the more subtle.<br />
For example, youth in the Northern town of Lira were being released by judges because there<br />
were no juvenile remand homes. This led to youth being recycled in the criminal process, being<br />
hired by locals to do crimes for them, knowing they would not be put away. As it turns out, this<br />
was because the prison was located in one town, but represented a region of smaller<br />
communities. Remand homes were funded by the community they were in, and no community<br />
wanted to pay for the entirety of a parallel remand home for Lira prison. I drafted a cost-sharing<br />
model for the district as a recommendation to circumvent the problem.<br />
Overall, this summer opened my eyes to the practical challenges and excitement of lawyering<br />
abroad. I cannot thank the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Interest</strong> Fellowship enough for the chance to see the<br />
world and shake up my approach to working within it. My life, and career, have much to thank<br />
for the opportunity.<br />
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Sarah Colgrove, <strong>Osgoode</strong> <strong>Hall</strong> <strong>Law</strong> School, Class 2013<br />
Recipient of funding through the <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Internship</strong> <strong>Program</strong><br />
Report: Restorative Justice and Legal Advocacy program, Old Masset, Haida Gwaii<br />
My 11-week placement was at a Restorative Justice and Legal Advocacy program in Old<br />
Masset, a reserve town on the northern tip of Haida Gwaii, just south of Alaska. I went because I<br />
was interested in restorative justice, which is a term used to describe a range of approaches to<br />
corrections that provide an alternative to the legal system, emphasizing healing rather than<br />
punishment. Most indigenous communities world-wide have justice systems that could loosely<br />
be described as “restorative.” Typically, they rely upon collective participation and cultural<br />
practices as opposed to the application of a code, and aim to heal victims and bring offenders<br />
back into a community rather than to punish.<br />
The Masset program is a small one. It deals largely with referrals from the RCMP or crown<br />
aimed at rehabilitating individual small-scale offenders and keeping them out of the justice<br />
system. Elizabeth, who runs it, spends half of her week doing that, and the other half working on<br />
“legal advocacy” - reaching out to the community and serving as a touch point for the legal<br />
system because, since the islands are so remote, there aren’t any legal services at all. She was<br />
very glad to have me there to help her out this summer. Together we accomplished so much,<br />
however, that I think she was also secretly glad to see me go, in August, so that she could take<br />
a breather from our pace!<br />
For the restorative justice program, I helped her work with individual clients to identify and<br />
facilitate tasks that could lead towards healing for themselves and the community. I don’t know if<br />
it is more a characteristic of the Haida culture or her own philosophy, but Elizabeth’s approach to<br />
restoration was one that, for all the reading I’ve done, I did not expect: she tended to look at<br />
where the person was at and how they could connect to the community in affirming ways, rather<br />
than how they could make better what they had done wrong. There was the odd dictated letter of<br />
apology to take down, but much more work to be done keeping people accountable to their art<br />
projects and food-gathering assignments – there was even a drum-making summer camp that<br />
one young offender held for eight youth in the community, in lieu of a harsher court sentence.<br />
Additionally, towards the end of summer, I began working on a large court-mandated “circle” that<br />
was to be held for a community member who had been convicted of a more serious offense and<br />
had received it as part of his sentence. It was the largest, most difficult, and most involving<br />
project of my placement. I attended RCMP training program on Sentencing Circles in<br />
Vancouver, and then attempted to apply its principles in a loose and culturally-appropriate<br />
manner to catalyze a circle that, paradoxically, wasn’t about sentencing at all: the sentence had<br />
already been handed down in court; the judge hoped it would be about making peace, I guess.<br />
As part of this process, I undertook to interview around two dozen interested parties about the<br />
impact of the offender’s type of behaviour on their lives and the meaning of justice for their<br />
community.<br />
I was both apprehensive and excited about witnessing and facilitating a process by which the<br />
community could, if not take control of its own justice system, at least acknowledge and discuss<br />
problems and solutions. Unfortunately, however, the week before it was to happen, “the fish<br />
came in:” everything stopped for the food-gatherers who rely on the salmon runs for year-round<br />
nutrition, as for the offender, whose charter operation offered him a few weeks of work in a place<br />
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with 80 per cent unemployment. As a result, the circle was postponed until October. I felt strange<br />
leaving it unresolved, having opened up so many difficult issues with so many people. I can only<br />
hope the discussions we had helps the process when it does occur.<br />
Working for the legal advocacy program, I handled individual queries about, for example,<br />
divorces and human rights complaints, found application forms online, and helped people fill<br />
them out. As a separate project, Elizabeth had me draft a grant proposal that brought in<br />
$10,000 towards community planning for a potential project that would lower the risk of<br />
community youth succumbing to mental illness or addiction. We also pulled together two very<br />
well-attended information sessions for the community.<br />
One featured Sharon McIvor of the BCCA 2009 McIvor decision, which established that the<br />
allocation of Indian Status is still sexist and unconstitutional. The government’s response, Bill C-<br />
3 (a long-delayed and largely inadequate remedy), was passed just this year, and McIvor visited<br />
both Haida communities on the islands to discuss her work, the case, and the changes to the<br />
legislation, which open up “status” to an estimated 40,000 new people. At the end of the<br />
session, a number of attendees took applications for themselves or their friends and family, and<br />
we had some calls for more, later in the month, as word got around.<br />
For the other event, we brought in an officer from Indian and Northern Affairs (INAC) to give a<br />
workshop on estate planning for on-reserve Indians. Due to relatively low Western education<br />
levels, low-level literacy, lack of legal or INAC representatives on-island, and the complexities of<br />
communally-held land, the meeting quickly became a discussion about the very similar problems<br />
attendees had encountered in their own families. The INAC officer was busy all week meeting<br />
with individual families about their concerns and complaints.<br />
I went to Haida Gwaii for restorative justice and was privileged to participate in its workings, but<br />
it was not what ended up shaping me the most. The majority of the work I did in Haida Gwaii<br />
was, basically, community work. It often involved going to church lunches, knocking on people’s<br />
doors, hunting down itinerate clients on street corners, and trying to understand and fit into the<br />
community. It was sometimes hard, but it was this Haida community that really got inside of me:<br />
I found folding myself into another-of-being and winning people over to be an absorbing project.<br />
I found the culture of harvesting from the wild healing, and the First Nations context, I guess<br />
you’d say, compelling. This is work I would like to do again.<br />
I was very fortunate to obtain the funding to work in the community this summer, and also to<br />
accumulate the experience that I did on a personal level. Haida Gwaii – as everyone there says<br />
– is a special place: rainforest, mountain, muskeg and beach sprawl in the North Pacific beneath<br />
low, cloudy skies. Connections to the land are personal, communities are resilient, ancient<br />
practices are on the rise. Time moves differently there, and the tide washes in all sorts of<br />
interesting, eclectic folk. I ended up living in a hut on a beach facing Alaska for nine weeks<br />
without water or power, and arrived at the conviction that oral histories are right: there, at least,<br />
the earth is alive. You can feel it.<br />
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Application Form for <strong>Ian</strong> <strong>Scott</strong> <strong>Public</strong> <strong>Interest</strong> <strong>Internship</strong> <strong>Program</strong><br />
Please fill in and return this form to the Career Development Office, Suite 1012, by 4pm on Thursday,<br />
March 1, 2012.<br />
1) Contact Information:<br />
Name:<br />
Student Number:<br />
Address:<br />
Phone Number:<br />
Email:<br />
2) Eligibility:<br />
What year will you graduate?<br />
Are you a Canadian citizen/permanent resident and a resident of Ontario?<br />
Yes<br />
No<br />
How many weeks will you be working full-time for the organization? __________<br />
Is your work unpaid, or underpaid? Yes No<br />
If underpaid, please estimate how much you will earn working for the organization: __________<br />
Do you have a significant debt load? Yes No<br />
-If so, what is your total debt to date?<br />
$_________<br />
Have you received OSAP this year? Yes No<br />
Do you have a student line of credit in place? Yes No<br />
-If so, what amount remains on your student line of credit?<br />
$________<br />
Did you receive a bursary from <strong>Osgoode</strong> this year? Yes No<br />
-If so, what is the total amount for this year?<br />
$________<br />
Have you secured your articling placement? Yes No<br />
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3) Statement of Commitment (250 words maximum):<br />
Describe your interest in social justice and any relevant prior experience including: past employment (law<br />
or non-law), volunteer positions, courses, extra-curricular activities and/or publications. If you have not<br />
had the opportunity to demonstrate your interest in social justice, please explain why you are currently<br />
interested in this particular project.<br />
4) Project Details:<br />
4a) What is the name of the firm/office/organization? (Please provide address, phone number and<br />
website)<br />
4b) Explain why you consider this to be social justice practice:<br />
4c) What is the name of the person who will be supervising your work? (Please provide phone number<br />
and email address)<br />
4d) <strong>Internship</strong> Proposal (750 words maximum)<br />
Please describe your proposed project by answering the following questions, and providing any additional<br />
information you consider relevant.<br />
• What social or legal issues will you consider?<br />
• Why are these issues important?<br />
• How will your work address these issues?<br />
• What kinds of contribution do you feel you can make to the host organization or institution?<br />
• What do you hope to take away from the experience?<br />
• Will you be conducting research involving human participants?<br />
5) Letter of Support<br />
Please submit a letter of support for your proposal from the host organization (200 words maximum). The<br />
letter of support should confirm the project, the weeks of full-time work, and whether you are unpaid or<br />
underpaid.<br />
Application Checklist:<br />
__ Resume<br />
__ Transcripts<br />
__ Application form<br />
__ Statement of Commitment<br />
__ <strong>Internship</strong> proposal (description of project)<br />
__ Supporting letter from organization<br />
The committee will review applications, and a final decision will be announced mid to late-March.<br />
Please note: students will be selected on the basis of their proposal, their demonstrated commitment to<br />
social justice; extra-curricular and volunteer experiences; academic performance; and financial need.<br />
Submit three copies of your completed application to the Career Development Office, Suite 1012, to the<br />
attention of Mya Bulwa, by 4:00 pm on Thursday, March 2, 2012.<br />
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