13.07.2015 Views

Quid Template

Quid Template

Quid Template

SHOW MORE
SHOW LESS
  • No tags were found...

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

QUID NOVIUniversité McGill,Faculté de DroitVolume 30, no. 10,10 mars 2009McGill University,Faculty of LawVolume 30, no. 10,March 10th, 2009


QUID NOVIQUID NOVI3661 Peel StreetMontréal, QuébecH2A 1X1(514) 398-4430www.law.mcgill.ca/quidEditors-in-ChiefRachel SévignyCourtney RetterAssistant Editors-in-ChiefMartin RiouxLucinda TangManaging EditorsAidan TalaiLayout EditorsSuzanne AmielLexi PaceChanel SterieKrista ZemanAssociate EditorsSuzanne AmielJoey BerljawskiLaura EastonFaizel GulamhusseinDaniel HabouchaAllison JaskolkaAli KhanBonnie KingIlya KirtsmanMarie-Pier LeducJae LimKristin McHaleEva WardenRandee ZeitzKrista ZemanRichard ZuroffStaff WritersLaura EastonCharlie FeldmanMathieu KissinMarianne KnaiHinda RabkinIN THIS ISSUE...3. Welcoming Conservatism...4. Socrates and a Stimulus...5. Shari’ah and the World...6. Hollywood Starts Feud...7. Table ronde interdisciplinaire8. There’s No Such Thing...10. Action Réfugiés Montréal...11. Legal Aid...12. L’aide juridique au Québec13. Palestinian Human Rights...13. Putting Human Rights Back14. Droit à l’image...16. Palestinian Human Rights...18. Yes, Virginia...19. Here’s to you, Mr. Passat...20. Justified...22. The Soapbox...23. Computer Corner...24. Sum of All Fears...25. The Virtual Library...26. Landmines Panel Discussion...28. Valedictorian Elections...EDITORIALDID I MENTION THE MEMO IS DUE AFTERSKIT NITE?BY RACHEL SÉVIGNY (LAW III)CO-EDITOR-IN-CHIEFWell, it is that time of year again…factums are in, mooting isunderway, uncanned memos are being written…oh yea, andspring break is long gone. The light is near my dear friends,so please keep it up!Every March around memo/factum time, the Skit Nite Committeeputs on SKIT NITE, a special night at Club Sodawhere our fellow students get to showcase their talent in avariety of ways. I must say, this event is one of the best traditionsthat this faculty has got going on. IT IS HILARIOUS!Skit Nite offers a chance for students to go all out with theirsinging and dancing, joking and prancing, and pretty muchletting it all hang out. Can you think of a better way to pullout all of your Lord Denning and snail/ginger beer jokes?And for once, your audience will actually understand and acknowledgewhat the hell you are talking about. It is the onlynight of the year where 100+ students, faculty members,lawyers and the Dean congregate together to laugh theirasses off!If you are on the fence about whether or not to attend,COME! Believe you me, you do NOT want to be that personThursday morning who doesn’t know why everyone is stilllaughing from the night before. Take Wednesday night offfrom whatever it is that you are doing (first years, yourmemo can rest for three hours…BELIEVE ME, you don’twant to miss out), make your way to Club Soda and have agreat time with your friends and colleagues.Did I mention that all the proceeds go to five Montreal Charities?Ten dollars is, without question, a recession-justifiablepriceto have a fantastic night cheering on your fellowpeers.The <strong>Quid</strong> Novi is published weekly by the students of the Faculty of Law at McGill University.Production is made possible through the direct support of students.All contents copyright 2009 <strong>Quid</strong> Novi.Les opinions exprimées sont propres aux auteurs et ne réflètent pas nécessairement celles de l’équipe du <strong>Quid</strong> Novi.The content of this publication does not necessarily reflect the views of the McGill Law Students’ Association or of McGill University.Envoyez vos commentaires ou articles avant jeudi 5pm à l’adresse: quid.law@mcgill.caToute contribution doit indiquer l’auteur et son origine et n’est publiée qu’à la discrétion du comité de rédaction, qui basera sa décisionsur la politique de rédaction telle que décrite à l’adresse:http://www.law.mcgill.ca/quid/epolicy/html.Contributions should preferably be submitted as a .doc attachment (and not, for instance, a “.docx.”).Contributions should also include the student year of the contributor.2


MARCH 10TH, 2009HERE’S TO WELCOMING CONSERVATISMWITH OPEN ARMSby John Lofranco (LAW II)I read with interest Joanna Baron'sconservative apologia in the recentissue of the <strong>Quid</strong>. It left me thinkingdeeply about my own opinions andleanings, as she put it, prior to politicization.I have come to the conclusionthat I am also conservative, and as unpopularas that might be amongst privilegedintellectuals at Canadianuniversities, it would be better for meto come out with it, so to speak. I havenever made a direct, public acknowledgementof my political views before,and as I try to here, I realize how difficultit is. But as I reflect, I find myselfbecoming more and more convincedthat adopting a conservative mind-setwill actually enhance my learning, andmake my opinions and actions morecredible.What is conservatism? I could list mystance on certain issues, as Ms. Barondid, but I won't because I don't thinkthey are relevant, for me or for anyone.I am a complex person. Left and rightare outmoded descriptors of politicalgeography. It frustrates me a great dealthat people assume that my opinions oractions on one issue are indicative ofmy feelings on another. Just because Ivoted for the New Democratic Partydoes not mean I support Palestine, forexample. Yes, I voted NDP. More onthat later. Now, having gone and revealedmy opinion on something of apolitical nature, I am convinced that thishas certainly lead you to assume manythings about me, most of which are unlikelyto be true.But it is not about the issues. Let themgo. For me, my habits of mind, modesof feeling and way of living could likelybe described as conservative, thoughI'm tempted to think I am merely argumentative.When I attended a private,Catholic boys school, or lived in smalltownNew Brunswick, it was my natureto push back, and so I would tend tocome down more on the liberal side ofarguments. But now, at McGill University,I often find myself thinking that Imust be the most conservative personhere. It may be because I am oldernow, but I will assume that’s not entirelythe case. So, how to reconcilethis?Well, first I’ll address my voting preferences.My vote reflects the problemwith the left-right conception. I voteNDP because they are pro-communityand pro-family, two tenets of conservatism,which Ms. Baron noted in herarticle. They are a party that is concernedwith regular people who haveregular jobs. I never understood howpro-big-business Conservatives couldcriticize the NDP for a stance with whichtheir own ideology must agree. Ofcourse there are other things the partystands for with which I do not agree.But now I am getting into capital letters,which is not really the point. Politicsis a game played to win, so it is notin the nature of political parties to reflectwith any realism the entirety of thehearts and minds of the voters. Justenough to get elected, or in the case ofthe NDP, just enough to feel good aboutgetting a few people elected.I am conservative in the regular, everydaymeaning of the word--or at least Istrive to be; cautious, patient, and reflective.I’m not a big fan of change,though I have uprooted my life in manyways (divorced, gone back to school,lived in three different provinces). Idon't think any of these qualities shouldbe negatively construed. A liberal mighthave them, too. But what liberal meansat the faculty, or so it seems, aside fromJamie Gibson's thoughtful piece (and ofcourse the many other truly complexcolleagues with which I often share interestingand diverse discussions--let'snot paint the whole cow with the samespray gun) seems to be self-certain, impatient,and dismissive? This is quiteironic since the very first words utteredin our first-year class by Professor Sheppardwere that “the law is conservative.”So you would think that the gangof eager beavers looking to succeed inlaw as they have in all other endeavoursof life would take the hint. But no.Mr. Gibson’s original argument was notnecessarily about which ideology wasbetter, but that there was a lack of intellectualdiversity. I would argue that conservatismpromotes diversity moreeffectively than does liberalism. Shocking,you say. It is easy to see that liberalthinking is more open to new ideas, yousay. Open to them, yes, but is thatenough? Liberalism, it seems, judgesideas on their form, not their substance.New voice? Minority? Need rights?Come on in! Conservatism would pauseand think. Is thinking so bad? Doesevery new voice deserve to be heard?Is it fair to reorganize the majority toaccommodate a minority? Do rights notalso come with obligations?The answer to those questions maywell be ‘yes,’ ‘yes,’ and ‘let’s not worryabout that right now’…but it seems tome, anyway, that there’s no meaningfuldebate on these issues in particular, andon issues in general, as Mr. Gibsonpointed out. It’s as if the questions hadalready been decided. They may wellhave been, but the reason we are hereis to learn, to question and to think. Ifwe come in with pre-determined attitudes,are quick to judge, and dismissive,we won’t learn anything. Applyingthe conservative traits of caution, patienceand reflection to our educationwill stimulate intellectual diversity, andhopefully make us all a little morelearned.3


QUID NOVISocrates and a Stimulusby Léonid Sirota (LAW IV)4“In this trifling particular ... I appear tobe wiser than he, because I do notfancy I know what I do not know.”– SocratesPerhaps the most astounding featureof the present economic crisis, for meanyway, is the swiftness with which receivedeconomic wisdom has been jettisonedand indeed replaced with whatwas a year and a half ago seen as receivedeconomic madness. “We are allcrass Keynesians now,” according to theEconomist. Or maybe to someone else;I don’t remember. But it doesn’t matterthat I don’t remember. Or maybe itdoes. After all, ignorance is my pointhere.I willingly concede that I am in not aneconomist and am unqualified to tellwhether Keynesianism actually makessense in economic terms. But I wouldlike to venture a little into epistemology,and to ask whether the stimulus feverthat has seized the governments andlegislatures of the world makes sensegiven the limitations on our knowledge.In other words: what might Socrateshave thought of the stimulus?Socrates’ first great insight was that hereally did not know very much at all. Hissecond was that everyone around himdid not know very much either. The firstwas odd but perhaps even endearing.The second was unforgivable, and hewas put to death for it by the good citizensof the world’s first democracy. It isunsurprising that this great wisdom, theacknowledgement that we are all quiteignorant, has never been very popular.Not only religious, but also legal andsocial reformers of all persuasions havetended to assume that they knew howpeople ought to live, and that they wereentitled to tell them. In the nineteenthcentury in particular, inspired by theever-accelerating progress of the naturalsciences and increasingly unwillingto recognise the limitations of humanknowledge and wisdom, such reformershave formulated ever more comprehensiveregulatory schemes.Arguably the most audacious suchscheme was the centrally-plannedeconomy of socialist dreamers. Under itthe “unbridled competition” would beeliminated and the wise planners, usingthe insights of social sciences, woulddecide exactly who should produce howmuch of what, and for whom. Centralplanning invariably brought miseryupon those who tried to live by it. Yetdefenders of socialism always blamedthis on the corruption of their ideals bythe unscrupulous politicians who implementedthem, rather than acknowledgingthe impossibility of any person ororganisation to know and understandenough to create as much prosperity asthe free market does by taking into accountthe knowledge of its every participant.Some thinkers warned against the dangersof epistemological arrogance ofcomprehensive social reform. But AdamSmith’s warning that “[t]he statesmanwho should attempt to direct privatepeople in what manner they ought toemploy their capitals would ... assumean authority which could safely betrusted, not only to no single person,but to no council or senate whatever,and which would nowhere be so dangerousas in the hands of a man whohad folly and presumption enough tofancy himself fit to exercise it,” was seldomheeded. Politics is of necessity acalling for men and women who entertainprecious little doubt in their ownsuitability for the exercise of power. Fewof them have ever been modest enoughto resist the urge to legislate out of aconviction that they knew better thanprivate persons to what ends the productiveenergies of society should beused.And although public policy, whether byblind support for home ownership orlow interest rates, contributed in nosmall measure to the current economiccrisis, politicians the world over arerushing to “stimulate” their countries’economies by legislating to whombanks ought to lend, from whom publicworks contractors ought to buy, whatsize cars ought to be made, and howmuch everyone involved ought to bepaid. Which brings me back to my initialquestion: what might Socrates havethought of the stimulus?I will not presume to know the answer.But I can imagine some questionsSocrates might have asked of our politicians.What makes you think that youknow what people should be doing betterthan those people themselves?What have you learnt in the past yearand a half that makes you think you willsucceed where all of your predecessorshave failed? What part of human naturehas changed so dramatically that epistemologicallimits no longer stand inyour way?Socrates would of course not havebeen put to death for asking uncomfortablequestions today. Not in the Westanyway. But I suspect that his wordswould go as utterly ignored as ever. Anindication, perhaps, that human naturedoes not change as quickly as the idealistsamong us like to think. FrankEasterbrook observed that “[w]e live ina world where knowledge is scarce andcostly, ignorance rampant.” I would liketo think our politicians come from another,better world, to bring us the plentifulknowledge they gathered there.But I doubt it.


10 MARS 2009MARK YOUR CALENDARS:The Arab Law Students’ Association and the Muslim Law Students’ Association presentShari’ah & the World today:March 3: “Shari’ah and Modernity”, with Professors Wael Hallaq and Khaled Medani. 6.00pm-8.00pmReception will be hosted. Refreshments will be served.March 9: “Shari’ah and the Environment”, with Professor Richard Foltz. 6.00pm-8.00pm.March 10: “Islamic Finance”, with Professor Mohammad Fadel and Mr. Guy David. 5.00pm-7.00pm.All events will be held in the Moot Court.For more information, please contact mlsamcgill@gmail.com.Shari’ah and the World Todayby Faizel Gulamhussein (Law II)Shari’ah is an Arabic word meaning“path” or “the way.” The term is commonlyused to reference the collectionof Islamic Law. Islamic Law is generallymuch more comprehensive than whatwe, in western nations, are accustomedto when using the word “law.” Islamiclaw, for example, includes provisions onhygiene, giving to charity, and the environment.The Quran and the Sunnah (the sayingsand doings of Prophet Muhammad)are clearly acknowledged as the primarysources of Islamic law. Interpretationof the Quran and veracity of theSunnah, however, tend to be a sourceof ongoing debate within the Muslimcommunity. Additionally, the validity ofother sources of law continues to bequestioned by leading scholars in thefield. These variances have led to aplurality of legal and philosophical traditionswithin the Muslim community—theUmmah.The diversity within Islam is too oftenoverlooked by those who might be unfamiliarwith the faith. In part, this isdue to the media which tend to propagateone image of Islam. Similarly,Shari’ah has taken on a negative connotationin some circles due to the wayin which we have come to understandShari’ah. The stereotypes are pervasiveand yet, too often, these are not thepractices of the mainstream. Somepractices, furthermore, predate the timeof Prophet Muhammad and can betraced back to customary law ratherthan Islamic law. In other words, weoften look to the fringes of Shari’ah,and consequently, we have yet to understandits essence.Given the increasing connections betweenwestern nations and Islam, immigrationand trade for example, it isimportant to understand how theseconnections can serve to benefit countriessuch as Canada. One possiblebenefit can be through the understandingand application of Shari’ah principles—notits stereotypes, but itsessence. Islamic banking principles, forexample, might add to our understandingof the financial sector and mighthelp us better protect from large-scaleeconomic crises, such as the one wefind ourselves in today. It is in this contextthat the Muslim Law Students’ Associationof McGill University and theArab Law Students Association of McGillhave organised a conference series entitled“Shari’ah and the World Today”.The first conference was held onWednesday, March 4th at 18h00 andfeatured Professors Wael Hallaq andKhaled Medani discussing the key componentsof Shari’ah while providing themodern context. The second conferencewill be held on Monday, March 9that 18h00 with Professor Richard Foltzaddressing the topic of Shari’ah and theenvironment. Finally, the series willconclude on Tuesday, March 10th at17h00 as Professor Mohammed Fadeland Mr. Isam Salah participate in a conferenceentitled “Islamic Finance: A Responseto the Economic Crisis”. Allconferences are free and will be held inRoom 100 (Moot Court) at McGill University’sFaculty of Law (3660 PeelStreet).This series will be an amazing opportunityto understand how Islamic Law cancontribute to the Canadian legal tapestry—alongsideFirst Nations legal traditions,the civil law, the common law,and other legal traditions. All are encouragedto attend.5


QUID NOVIHOLLYWOOD STARTS FEUD AGAINSTBOLLYWOODby Hirani Ram Thalavandarum, but you can call me MickeyFollowing the 81st Academy Awards,just as the Indian film industry wasabout to celebrate its winning of eightOscars for Slumdog Millionaire, it is nowfacing a 420-billion dollar lawsuit fromHollywood.Bollywood, one of the largest film industriesin the world, is based in Mumbai(formerly Bombay), India, and isrecorded for the most part in the Hindilanguage. Bollywood films are wellknownfor their musical quality. In fact,most typical Bollywood films use catchydance sequences known as "item numbers,"performed by attractive femalecharacters (they are often not relatedto the main cast or the plot).A group of Hollywood producers, directors,actors and other parties have collectivelybrought their action againstBollywood, alleging that the Indianmovie industry’s copyright infringementcaused them a significant financial lossin revenue.Despite the publication ban order, wordabout this lawsuit has leaked and isnow all over the Internet. In particular,one online source worth noting is a 10-minute video clip showing the Hollywoodand the Bollywood lawyers’pleadings. This clip is available onYoutube under “Hollywood v. Bollywood”(note: include quotation marksaround the query). You can expect tohear more news about this trial onMarch 11th.6


TABLE RONDE INTERDISCIPLINAIRE« POUR UN MONDE SANS FRONTIÈRES »by Avocats Sans FrontièresMARCH 10TH, 2009Lancement d'ASF McGill à l'automne: merci!L'automne dernier, un nouveau groupea été créé à la Faculté de droit : Avocatssans frontières McGill. Comme vousl'aurez compris, ASF-McGill est une associationuniversitaire de l'ONG Avocatssans frontières, un organisme dont lamission principale est de « renforcer lacapacité des avocats des pays endéveloppement à défendre les droitsdes personnes les plus vulnérables oules plus à risque, notamment par le renforcementdes intervenants de la justiceet particulièrement des avocats » par lebiais de missions à l'étranger et de campagnesde sensibilisation au Québec.Avocats sans frontières Québec concentreactuellement ses activités entièrementbénévoles en Haïti, en Colombieet au Nigéria.Les cinq membres du comité exécutifd'ASF-McGill tiennent à vous remerciersincèrement de l'intérêt que vous avezmanifesté pour le lancement qui a eulieu le 6 novembre dernier. En effet,plus de 40 personnes ont assisté à laconférence donnée par Me Miguel Baz,Président du Comité exécutif d'Avocatssans frontières Québec, Me HuguesSurprenant, avocat ayant effectué unemission en Haïti et Renaud Gignac, VPaux stages internationaux de l'associationASF-Université Laval. Le Vin et Fromagequi a suivi a rassemblé unecentaine d'intéressé-es et de curieuxqui ont eu l'occasion d'échanger avecles conférenciers et d'en apprendre d'avantagesur l'organisation. Nous tenonsd'ailleurs à remercier McCarthy Tétraultpour leur appui et leur générosité lorsdu lancement.Table ronde interdisciplinaire «Pour un monde sans frontières »Ce mercredi 11 mars de 12h30 à14h00, une table ronde avec différentesorganisations « sans frontières » quiœuvrent au Québec aura lieu au Tribunal-école(Moot Court) de la Faculté dedroit. Le but de cette initiative d'ASF-McGill est de rassembler ces différentsgroupes afin d'échanger sur le thèmecommun suivant : « Existe-t-il un rapportde complémentarité, d'indépendanceou d'ingérence entre lesdifférentes organisations « sans frontières» ainsi qu'auprès des États danslesquels elles interviennent ? ». Le ProfesseurFrédéric Mégret a accepté demodérer la discussion entre lesreprésentants des organisations suivantes:* Avocats sans frontières* Reporter sans frontières* Ingénieurs sans frontières* Clowns sans frontièresVenez en grand nombre participer audébat!Recherches dirigéesEn plus de faire la promotion de l'ONGASF sur le campus, ASF-McGill souhaitemettre sur pied et développer plusieursprojets. D'ailleurs, un des projets quinous tient à cœur et qui consiste enl'encadrement de recherches dirigéescréditées (term-paper) intégrées aucursus des étudiants pour le compted'ASF est sur le point d'aboutir! Desprofesseurs de la Faculté spécialisés endroits humains et en droit internationalont accepté de diriger dès cet été lestravaux des étudiants sur des sujets derecherche fournis par Avocat sans frontièresQuébec. L'ONG se servira ensuitede ces recherches dans le cadre de missionsà l'international. Il s'agit d'une excellentefaçon pour les étudiants decombiner leur travail académique à leurengagement pour les droits humains.C'est à suivre!Impliquez-vous!ASF McGill désire également vous rappelerque votre créativité et votre motivationpourront certainement être misà profit dans le développement des futursprojets d'ASF, alors :• si la promotion des droits de la personnevous intéresse ;• si la lutte contre l'impunité vous tientà cœur, et ;• si l'indépendance des avocats dans lespays en développement vous sembleessentielle; NOUS VOUS INVITONS ÀCOMMUNIQUER AVEC NOUS, À VOUSENGAGER ACTIVEMENT DANS NOS AC-TIVITÉS ET À NOUS FAIRE PART DEVOS IDÉES!N'hésitez pas à nous écrire si vousvoulez vous impliquez, désirez obtenird'avantage d'informations sur notregroupe ou avez des idées/suggestionsà nous soumettre.asf.mcgill@gmail.caLe Comité exécutif d'ASF McGill7


QUID NOVIThere Is No Such Thing As AStupid Question. Usually.by Ryan Gallant (LAW I)8While the pages of The <strong>Quid</strong> are consumedby the Cégepian inferiority complexand the debate over the shortageof social conservatives ensues, I findthat with each day that I walk into thisbuilding, something about one of myclassmates amazes me. Each day, everyday. Since September I have met studentswho speak myriads of languages,come from a multitude of cultural backgroundsand whose lives prior to McGillLaw included everything from acting topolice work, from working in refugeecamps to fashion design. Being left incomplete awe of these classmates hasoften caused me to wonder what thehell the Admissions Committee wasthinking when they let me in into thefaculty.And yet, despite the abundance of diversity,somehow everyone seems absolutelyblown away by the fact that Iam from P.E.I.. If there is such thing asa positive stereotype, I have certainlybeen the victim of one over the pastfew months; “I love people from P.E.I.!”,“My parents were there in 1982!”, “I’vealways wanted to go to P.E.I.!” Thetwelve-hour drive from P.E.I. to Montréalhas brought me closer to being aforeign-exchange student than I’ve everbeen in my life.Based on the questions I get asked ona daily basis, it becomes apparent thatthe knowledge that most students herehave about P.E.I. is limited to the P.E.I.Potato Marketing Board decision. Withthis being the case, I figured that apoorly written article in The <strong>Quid</strong>, writtenwith the intention of clearing upsome of these queries, would be a betterattempt than none. So here is acrash-course on P.E.Islandology. Thefollowing questions are all questionsthat I have actually been asked.“Do you know Anne of GreenGables?”Actually no. She is, in fact, a fictionalcharacter whose stories are set in theearly 1900s. So if she were real, she’dbe dead.“Is Anne of Green Gables a biggerdeal in P.E.I than it is everywhereelse?”Actually, Anne is a lot bigger in Japanthan she is elsewhere. Thousands ofJapanese tourists flock to P.E.I. everysummer to see Anne’s (fake) house andwatch her (fictional) musicals. It is apretty big deal in P.E.I. though, at leasteconomically. Dozens of my friendshave played Anne, Diana, or some othercharacter in some capacity at somepoint in their life. This total immersionin “Anne culture” explains, at least inpart, the angst that both my fellow Islandersand myself have towards her.“Can you jog around P.E.I. in, like,a few hours?”Eff sakes. P.E.I. is a small island, butit’s not a sandbar. By area, P.E.I. isabout 11x the size of Montréal. Dependingon how heavy your foot is and onhow familiar you are with the speedtraps on the Trans-Canada Highway,you can drive from tip to tip in aboutthree hours, give or take.But you would be right if you guessedthat P.E.I. has a small population. Themost recent census sets P.E.I. with apopulation of 139,818 (139,817 nowthat I’m gone).“Why the hell does P.E.I. have fourseats in the House of Commons?”First of all, it’s not my fault, so stopyelling at me about it. But, seeing asthe population of P.E.I. is only slightlylarger than the population of a city likeTrois-Rivières, it’s a good question. Tomy understanding, after refusing to joinConfederation (following a meetingconcerning Confederation which wehosted), we figured we’d shop around,maybe join the States, build an insolventrailroad and I guess whatever elsethey used to do back in 1870 (growingpotatoes would likely be a good guess).But then John A. and the other UpperCanadians came down for another visit,and among other things, promised toassume the colony's debt, buy the landof the Island from absentee landlords togive to us, build a bridge (we had to usefederally-funded ferries until the bridgewas built in 1997) and give P.E.I. whatis probably the most ridiculous disproportionaterepresentation in Parliament.Not exactly a hard sell. So, Islanderssaid: “To hell with this,” (a common Islandphrase) “why work if we can get itall for free?” (also a common Islandphrase). The Island has been drawingpogey and equalization payments eversince.“Can you swim at the beach inP.E.I.?”I’m going to assume that you mean inthe summer. According to oft-repeatedtourism material, P.E.I. has the warmestwater north of Virginia (although Iwould have expected the warmestwater north of Virginia to be a few feetnorth of the Virginian border, but I digress).So yes, you can swim at thebeach in P.E.I.Unless you are a wuss, and if you hadto ask this question, I'm guessing thatyou probably are.


“Is there much ethnic diversity inP.E.I.?”Not unless you consider species oftrees as ‘diversity’. The majority ofP.E.I.’s population is of European descent.In the absence of diversity, Islandershave adapted to this racialvacuum by having the Catholics makefun of the Protestants and the Protestantsmake fun of the Catholics, andcollectively, we all make fun of CFAs(“come from aways”). Favorite targetsof ours, as some Torontonians in theThere are some paradigmatic shifts aswell. The concept of ‘open bars’, a conceptthat is so prevalent here in Montréal,would be completely lost on mostof my friends and family. No one is stupidenough to advertise ‘free alcohol’ atany event in the P.E.I. None of the barshave a capacity of 139,818 anyway.When it comes to politics, there areonly two issues in P.E.I. Only one person,who wasn’t Liberal or Conservative,has been elected, ever. And yourlast name and hometown is usually a10 MARS 2009girl that was in your first-year Historyclass. Sure, there are drawbacks if youhave a penchant for macking on randomson the dance floor and thereforeseek anonymity, and sure, some fightsbreak out now and again, but it’s nothingserious. No one is going to getknifed or anything.P.E.I. is the kind of place where anyonewho can, comes home for Christmasand for at least a few weeks in the summer.It may sound a little morbid, butpeople keep informed by listening toFaculty have already learned from me,are the Upper Canadians.“How are Islanders different fromMainlanders?”Well that’s a bit more complicated. Weall grew up being subjected to the samefads, watching the same TV shows andlistening to the same music as everyoneelse (we just got them six years laterthan the rest of you did), but of coursethere are some differences as well.Dialect is one of these differences. Forexample, my parents ‘warsh’ clothes insteadof washing them, my Dad wears‘short pants’ in the summer, when wewere kids, they bought us ‘kitbags’ tocarry our books in and when there is iceon the driveway it is ‘slippy’.good indication of how you voted. Seriously.I also feel that P.E.I. has a good holdon old-fashioned, family-oriented community-ness.I mean, I am sure thereare strong communities all acrossCanada, but the Island seems unique.The bar scene, for example, is a milliontimes different in P.E.I. than here inMontréal. Stumble into any one of thethousands of bars here and you’ll runinto the same bunch of non-descriptdouches and ditzes who scowl and pushand curse at you, often in a languageyou don’t understand. Stumble into anyof the five main bars in Charlottetownand you’re suddenly at a party with aton of your friends; the kids you went toelementary, junior and high school with,undoubtedly some family and that cutethe obituaries on the radio every day. Inmy mind, that’s how it’s supposed tobe: you are welcomed into the world,spend your life among, and are bidfarewell by you friends. And a few summersin the sun in the meantime neverhurt anyone.So go ahead. Call me backwards andbackwoods. And you can keep yourfancy New York corporate law officesand metropolitan city centers. I’d tradea thousand CN Towers for a good bagof potatoes, a day at the beach, a nightof camping and a few beers with friendsat a bar in P.E.I.9


QUID NOVIAction Réfugiés Montreal Training forImmigration/Refugee Portfolio Membersby Ariane Vincent (LAW I) and Helen Nowak (LAW II)On Saturday, January 31st, severalmembers of the HRWGImmigration/Refugee Portfolio attendedan Action Réfugiés Montreal (ARM)training session for volunteers. Thepurpose of participation in this sessionwas to learn about the work carried outby ARM, and become familiar with theprocessing of applications for refugeesin Canada.ARM is a non-profit organization thathas worked since 1994 to seek justicefor refugees in vulnerable positions.Their mandate involves assistance forrefugee claimants, overseas sponsorship,a women-at-risk program, detentioncentre visits, jumelage anddetention hearing accompaniments.Three programs in particular rely onvolunteer participation. First, the“Jumelage” process pairs Montreal-areawomen with women refugee claimantswho have recently arrived in Canada.The purpose is to assist newly-arrivedindividuals to become familiar with lifein Canada, and lend support for theday-to-day activities common in Montreal.Second, visits to the ImmigrationPrevention Centre in Laval aim to providedetained persons with support andinformation about the refugee applicationprocess and assist individuals inpreparing the required paperwork. Finally,the court accompaniment serviceaims to provide emotional support tothose attending hearings and provides asource of information to ARM in orderto improve their services.The training session lasted close to fourhours and focused on the steps involvedin claiming refugee status. Thisprocess is based on the Immigrationand Refugee Protection Act, and beginswith an individual’s declaration of intentionto seek refugee status or asylum ateither a port of entry (Canada BorderServices Agency) or at an office of Citizenshipand Immigration Canada.Within 28 days, claimants must submita Personal Information Form, which explainsthe situation experienced by theindividual that supports a claim forrefugee status. Very often, completingthese forms is difficult for claimants dueto language constraints, emotional fearsof revealing the reasons they needed toescape their respective countries, andgeneral lack of knowledge about thebureaucratic system inherent in government.Also, due to the sometimesvolatile situation at home, claimants areoften distrustful of government officials.Action Réfugiés Montreal volunteersaim to ensure that claimants are awareof the actions they must take in order tocarry out the claims process, have theinformation needed to contact support(such as a lawyer) and have access toemotional support along the way.As members of the immigration/refugeeportfolio, we look forward to taking partin the activities of ARM and reporting tothe McGill Law Community in the future.10


Legal Aidby Anthony Morgan (LAW I)It hurts me to hear my peers cower andjeer when discussion is raised about improvingQuebec’s system of legal aid,which has been frozen for years.I overhear comments about the inefficienciessuch a program might create,but which i ask is better, never havingyour voice heard or simply having towait?Why is the default position to say no tosuch an endeavour, have any of us hereeven been denied access to justice? Iwould venture to say never.Yet still the opinions I have heard areexpressed with such conviction, speakingin the atrium is easy but would yousay the same while standing in herkitchen?Her being that woman who works fulltime, is a single mother and just hadher legal aid application denied.The reason she was denied, you wantto know why?Well she makes much too much money,for her claim to be tried.After all $40 000 can buy quite a bit,such lavish luxuries as a rented roomthat’s heated and lit.With all that money, legal aid for hershould not even be considered, Godforbidshe get that child support moneyshe needs for food, bills and a babysitter.How dare she think that she can cryfreely in our courts, she better go onwelfare before she can do anything ofthe sort.Because we here have a firm rule, inour provinces our courts are only forthose who’ve attended great schools...So you’re an immigrant and are beingdiscriminated against by your boss?Well boo hoo for you too, you want yourday in court, start by taking this herecloth.If you can afford to wake each morningjust after dawn, to clean offices, scrubtoilets, cut lawns and do other thanklessjobs, then surely you can bear costof legal fees worth half your salary andwhich worsen your child’s odds...Odds that they will one day mount outof poverty’s crushing grip, odds thatcrime and violence won’t be a life intowhich they slip.Odds that they will make the most oftheir education, odds that they will notfind themselves in a position worse thantheir mother’s situation...Call this an over-dramatization, say it iswhat you will, then afterwards comewalk with me to the MLIC or to somecommunities not too far from McGill.MARCH 10TH, 2009After a few conversations you will seethat this is not simply about legal aid,and has something to do with restoringgreater agency and self worth to peoplewho’ve started to see society as beingutterly depraved.The policy offers an opportunity forgreater engagement of marginalizedvoices, people of the working poor wholike you and me have made some goodand bad choices.So let us not let our privilege be usedto punish them for the lot that they’vebeen given;Let’s see beyond the privilege we haveand are going to later live in;Let’s support Alex Shee as he advocateson our behalf for better legal aid inQuebec.Because this is less about money andpolitics and more about human dignity,equality and respect.11


QUID NOVIL’aide juridique au Québec: Un enjeu assez importantpour notre Faculté?by Alexandre Shee, Vice-Président aux affaires externes, AÉD (LAW II)Depuis le début de l’année, je travaille à ce milieu n’avaient ni espoir ni dignité.représenter les étudiants et étudiantes Le milieu de travail et la stabilité de leurde la faculté sur un grand nombre d’enjeuxà travers la province et au sein de plus fort. Ces gens étaient privés devie de famille étaient régis par la loi dunotre université. De plus, je me suis leurs droits, car ils n’avaient ni accès àdonné le mandat de tisser des liens l’aide ni connaissance de leurs droits.forts avec les autres facultés de droit duQuébec, tâche négligée depuis bien desannées! J’ai travaillé à bâtir et à renforcernos relations avec elles et j’ai organisédes activités visant à nous uniret à nous rendre plus solidaires. Ces actionsont permis d’établir des liensdurables.Dans le cadre de mon rôle de viceprésidentaux affaires externes del’AÉD, j’ai aussi eu à siéger commevotre représentant sur divers comitésdont la Commission des affaires francophones,le Conseil exécutif du Présidentde l’SSMU, et le Conseil de l’SSMU.Toutes ces rencontres m’ont permis debien comprendre comment avoir un impactet nous ont permis, comme l’AÉD,d’avoir une voix.Depuis mon arrivée à la Faculté dedroit, je me suis demandé commentlaisser un impact positif sur ma facultéainsi que sur ma communauté (montréalaise,québécoise, canadienne). Jeme suis posé deux simple questions :Comment puis-je avoir un impact positifsur ce monde si les seuls outils dont jedispose sont ma bonne volonté et mavoix? De plus, je me suis demandé :Comme futur avocat, quels devraientêtre mes préoccupations sociales? Puis,je me suis penché sur ma propre expériencepour essayer de trouver desréponses.Je suis né d’une femme intelligente etéduquée, mais peu fortunée, à Los Angeles.Elle m’a élevé seule sans aide.Elle travaillait 16 à 18 heures par jourpour que nous puissions vivre et que jepuisse fréquenter de bonnes écoles.Nous vivions dans un quartier défavorisé,où les gens partageaient des situationssimilaires ou même pires.Beaucoup de femmes et d’hommes de12Au Québec, nous ne sommes pas auÉtats-Unis. Nous ne sommes pas dansune société qui laisse le marché régir lesystème juridique. De plus, nos valeurssincères prônent l’idée que toute personnedoit pouvoir accéder à la justice.Notre société est conçue selon desprincipes d’égalité et selon la croyanceque nous prenons les moyens pour lesatteindre.L’aide juridique est un outil essentielpour établir une véritable équité et pourdonner une voix à ceux qui vivent dansl’injustice. Mais le système est présentementmenacé. Comme un professeur l’asi bien dit : « Il faut vivre dans uneboîte afin d’accéder à l’aide juridique auQuébec ». En fait, les seuils d’admissibiliténe couvrent même pas les gensqui travaillent au salaire minimum, 40heures par semaine, afin de vivre. Unefemme travaillante et dédiée commema mère n’aurait pas pu accéder à lajustice et aurait pu perdre tout moyende nous faire vivre si elle avait eu àmener une action légale. De plus, lesystème actuel est débordé. Il a besoind’être révisé et amélioré.L’accès à la justice est un principe fondamentalde notre système judicaire.Un élément qui permet à toute personnede dénoncer des injustices. Maisqu’est-ce qui arrive quand nous n’avonsplus de voix ? Qu’un système devientmonopolisé par les moyens et non parla valeur d’une cause? Au Québec, il n’ya pas eu de réforme concrète de ce systèmedepuis les années 1970. Récemment(2007), il y a eu des réformesminimes qui n’ont pas solutionné leproblème, mais vont dans la bonne direction:augmenter l’accès a l’aide juridique.Présentement, les associations en droitdu Québec ont décidé dans le cadre deLa Confédération des Associations DesÉtudiantes en Droit (CADED) de fairefront commun afin d’améliorer la situationdes Québécois et Québécoises quin’ont pas accès à la justice. Voici uneopportunité de dénoncer l’injusticecréée par un système qui ne permetpas aux plus démunis et vulnérablesd’avoir accès à l’aide juridique. Laproposition est à l’effet que le seuil minimumde l’aide juridique soit fixé sur lesalaire d’une personne travaillant ausalaire minimum 40 heures par semaine,que l’admissibilité soit déterminéede façon mensuelle et quel’indexation annuelle soit maintenue.Trois propositions simples afin de faireun premier pas dans la bonne direction.Il est donc maintenant temps de répondre:Est-ce que vous croyez que votreassociation étudiante devrait prendreune position favorable sur cette question?À vous de décider et de nous direquoi faire. Le lundi 16 mars, vosreprésentants auront à voter sur l’adoptionde cette proposition. Faites entendrevotre voix et vos opinions ! Discutezavec vos collègues et décidez si nousdevrions joindre ce mouvement d’étudiantsqui se positionne pour un systèmeplus juste et plus équitable !


QUID NOVIDROIT ÀL’IMAGEby Charlie Feldman (LAW I)The <strong>Quid</strong> stumbled upon Skit Nite practice in full swing inthe Moot Court .... Given the recent Oscar success of SlumdogMillionaire, could it be time for a Hollywood vs. Bollywood rematch?Des étudiants en droit parlent avec des représentants del'Association du Barreau canadien dans l'atrium. Un étudiantnous a dit « Les gens du Barreau sont formidable – etla bouffe n'était pasmal ». Le <strong>Quid</strong> roule ses yeux.1L Anthony Morgan lors d'un coffeehouse récent.Le <strong>Quid</strong> demande pourquoi on l'a nommé 'coffeehouse'(maison de café?) s'il n'y a pas de café.Même si il y avait de café à coffeehouse, est-ceque cela sera la boisson de choix pour ceux qui ysont? Le <strong>Quid</strong> le doute…1Ls Catherine Saine, Jessica Syms, and Cassandra Marcotte enjoyhome-made cookies. They may have offered The <strong>Quid</strong> one… and nowthis photo is here…. Not that we have low journalistic standards, butThe <strong>Quid</strong> puts the 'quid' in QUID pro quo!14


This Westlaw romance moment wascaptured during the factumperiod. The <strong>Quid</strong> hears many 2Lsare experiencing post-factum Westlawdepression; however, theyshouldn't feel too sorry for Westlaw,which is receiving ample attentionfrom 1Ls writing their legal methmemos.MARCH 10TH 2009Les étudiants préparent des matériaux pour une conférence. Avectout ce ficelle, Le <strong>Quid</strong> commence à chanter « I've got the world on astring – sittin' on a rainbow ». Le NCHD est-il vraiment unarc-en-ciel ou est-ce que le <strong>Quid</strong> a passé trop de nuits blanches…1L Chiara Fish buys a cookie gram. Not tomake any comments about the <strong>Quid</strong>'s love ofcookies, but the <strong>Quid</strong> can't think of a betterwa to spread the love.. or, umm, lard… :-) "Ilove you, now get fat" is the <strong>Quid</strong>'s idea of a*sweet* nothing!2Ls working on the factum. The <strong>Quid</strong> heard a lot about thefactum, and wonders if it was all a cover-up. Is it really "No, Ican't, I have the factum" or is this the new way of finding out he'sjust not that into you? Has "working on the factum" become the new"It's not you – it's me?" … The <strong>Quid</strong> will never know….15


16QUID NOVIPalestinian Human Rights Weekin the Faculty of Lawby Nour DibEn décembre et janvier derniers, l’offensivemilitaire israélienne sur Gaza acausé la mort de 1440 Palestiniens,dont 431 enfants 1 . La souffrance dupeuple palestinien ne se réduit malheureusementpas à cette récente violence,malgré son atrocité. Lasouffrance du peuple palestinienémane aussi de l’étranglement quotidienauquel ce peuple est assujetti àtravers la violation continue de sesdroits les plus élémentaires.In this context, a coalition of five studentgroups – the Human RightsWorking Group, Arab Law StudentsAssociation, Radlaw, Muslim Law StudentsAssociation, and Young Jews forSocial Justice – joined together tohost “Palestinian Human Rights Week”in the Faculty of Law. The week willtake place from Wednesday March11th to Wednesday March 18th, andwill feature three key events: a photoexhibit in the atrium (WednesdayMarch 11th – Wednesday March18th), a panel (Monday March 16th),and a movie screening followed by anopen mike session (Wednesday March18th).The coalition at the basis of PalestinianHuman Rights Week consists ofstudents of different backgroundswho are united in their respect for internationallaw and in their pride inthe Faculty’s long-standing tradition ofhuman rights scholarship. The eventstaking place during the week thereforeadopt the perspective of internationallaw. We are anchoring ourdiscourse in principles recognized byall nations in the hope that this willencourage students to engage in a rationaland respectful dialogue on issuesraised by our events.Palestinian Human Rights Week willopen with a photo exhibit featuringthe work of a collective of Israeli andinternational documentary photographers.Selected pictures will focus onhuman rights issues in Israel/Palestine,and will be grouped in thematicsections, each focusing on a violationof international law as stated in theGeneva Conventions. The photo exhibitwill be officially launched with avernissage in the atrium on WednesdayMarch 11th from 12:30-2:30 (universalbreak). Students attending thevernissage will have the pleasure oflistening to a live Klezmer band, andwill enjoy fresh Arabic coffee andvegan food provided by the MidnightKitchen.The week’s second event is a panelentitled “Defending Palestinian HumanRights across Borders: an Israeli anda Palestinian Speak” which will takeplace on Monday March 16th at 6:00pm in the Moot Court. The invitedspeakers are Yoana Gonen and SamiAl-Kilani. Yoana is an Israeli activistand journalist, and the currentspokesperson for Hadash (the IsraeliJewish-Arab Socialist Party). She wasalso one of the founders of Kvisa Shchora(Black Laundry, Israeli Queersagainst the occupation and for socialchange) in 2001, and has been amember of groups such as the Coalitionof Women for Just Peace.Yoana’s lecture will cover the historyand social context of the Israeli peaceand social change movement, and willdiscuss the political situation in Israelin the wake of the 2009 elections, includingthe collapse of the Zionist left,the rise of the radical right, and thepossibility of a new “Loyalty Law”, targetedagainst Arab citizens of Israel.She will also address the potential roleof Canadians and of the internationalcommunity in the region’s political situation.Sami Al-Kilani holds a Master’s of SocialWork from McGill and was aphysics and science education professorat An Najah National University inNablus. He is the director of the UN-ESCO chair on human rights andDemocracy. Mr. Al-Kilani was the cofounderof the Israeli-Palestinian DialogueGroup in Nablus and WestJerusalem and served as a delegate inthe Middle East Peace Talks, MadridConference in 1991 and WashingtonD.C Bilateral Talks between 1991 and1993.Mr. Al-Kilani’s lecture will cover thehistory of the non-violent resistanceto the Occupation in Palestine and theeffect of the Occupation on Palestinianstudents’ access to education. Hewill speak about his personal involvementin the non-violent struggle, includinghow this involvement causedhim to spend time in an Israeli prison.He also has much to share about hislengthy experiences in Palestinian/Israelidialogue and negotiations. Finally,he will draw on his experiencesas professor at the largest Universityin the West Bank to talk about accessto education in Palestine.Pour clôturer la Semaine des droits del’homme palestiniens, une séance deprojection de film aura lieu le mercredi18 mars à 18h00. Le choix dufilm reste à confirmer, mais il s’agiraselon toute probabilité de « EncounterPoint », un documentaire portant surla résistance non-violente à la fois descôtés israélien et palestinien. Tel queson titre laisse entendre, ce film viseraà promouvoir un esprit de dialogue.À cet effet, la projection serasuivie d’une période de questions àmicro ouvert. Nous inviterons alors lesassistants à partager leur point de vuesur les questions posées par le film.Nous espérons vous voir en grandnombre à tous ces événements!1 United Nations Office for the Coordination ofHumanitarian Affairs (OCHA), Field Update onGaza from the Humanitarian Coordinator: 3-5February 2009, available fromhttp://www.ochaopt.org/documents/ocha_opt_gaza_humanitarian_situation_report_2009_02_05_english.pdf


10 MARS 200917


QUID NOVIYes, Virginia, There Is (Paid) Work inHuman Rightsby Stefanie Jones* (ALUM I)When I was a student, the <strong>Quid</strong> andother people’s stories about life afterlaw school, especially those confirmingthe existence of human rights jobs, encouragedme through first year, civil lawbasket-fillers, recruitments, and nearresignationto life as either a professionalunpaid intern, or a corporatedoppelgänger. So I decided to respondto HRWG’s call for <strong>Quid</strong> articles by sharingmy scenic route to gainful humanrights employment.The Road Less TravelledAs a “mature” student, having studiedSociology/Anthropology and AsianStudies, I interned at a Thai humanrights NGO, and worked in immigrationconsulting and refugee resettlements. Ialso chose “the road less travelled” asthe theme for my personal statement.Evidently, this presented a more acceptableexplanation for my non-linear careerpath than my still-held belief that Iwill have a 5-year plan when I have acommunist country.On the one hand, McGill let me in, buton the other, they imposed a 3-, 3.5-,or 4-year plan. I started first year vacillatingbetween a 3- and 3.5-year plan,and finished third year with an innovative3-plus-a-summer plan – consistentwith my personal statement, if not articles.However, in first year, I was stillmore interested in human rights internships.Road Closed – DetourI applied in first and second year to theMcGill human rights internships, specificallyAfrica and Middle East RefugeeAssistance (AMERA). In first year, I didn’teven get an interview. In secondyear, I thought my profile screamed“refugee assistance”, but the interviewingcommittee heard “Asia”. However, Ialso applied independently to AMERA,and I was fortunate (or persistent)enough to be accepted as one of the18last batch of 3-month summer interns.Wrong TurnI came back excited about my summerin Cairo and my refugee legal aid experience,less so about my finances. Recruitmentwas in the air, and I wasseduced by the siren song of New Yorksummer salaries. My inability to conveyenthusiasm in cover letters for anythingbeyond public international law and probono practice nevertheless netted severalinterviews. Dear reader, my onlyjudgment of New York law firms is thatwe were not meant for each other:Interviewer: Why corporate law? WhyNew York?Me: If I should find corporate law interestinganywhere, it should be in NewYork.Interviewer: I see you have a public interestbackground – I could see yougoing back to that.Me: Yes, so could I.Interviewer: Do you have any questions?Me: I see many interviewers are M&Apartners. Do you view hiring as more ofa merger or an acquisition?Interviewer: I view it as more of a blinddate!All Roads Lead to … Bangkok!In third year, uninspired by recruitmentor study abroad, I abandoned the 3.5-year plan for a 3-plus-a-summer plan.Although I applied to government, publicinterest, and immigration firm articles,I really wanted to work abroad. Icast my resumes upon the internet, anda job offer actually came back after nottoo many days. It had been advertisedon ReliefWeb, one of the few law-relatedpostings for something betweenanother unpaid internship, and a seniormanagement position requiring 5+years progressive experience, a specializedmaster’s degree, and specializedlanguage proficiency.Since last August, I have been inBangkok as Legal Services Director atAsylum Access, a US-based NGO promotingrefugee rights in countries offirst asylum through legal aid, policy advocacy,and strategic litigation. In oursecond year of operations, we focus onlegal assistance with UNHCR refugeestatus determination (RSD) in a countrythat has not signed the 1951 RefugeeConvention and does not distinguishbetween refugees and illegal immigrants.I expect I was hired not only for myprior Thai human rights and refugeelegal aid experience, but also for mypassion for the cause. The work is fascinating,frustrating, rewarding, challenging,and exhausting; the people, asone exile wrote of her homeland, “delightand infuriate at short and frequentintervals”; and I draw on all my resources– anthropology or law, Chineseor French, coffee or Coke – almostevery day. So I got my dream job andI lived happily ever after … but no, thatis not the end.


Every Day Is a Winding RoadComing to human rights through law,there remains the small matter of thebar – some bar, any bar. In humanrights, a bar (or, for that matter, a lawdegree) may not be necessary, but thelack of one may not always be sufficient.Supervising qualified lawyers, forexample, is an interesting propositionwhen you are straight out of law schooland not one yourself.My New York recruitment experiencesolidified my resolve to apply only forthings I had a reasonable intention toaccept if offered. Therefore, I thoughtlong and hard when, in January, the Departmentof Justice arose like a phoenixfrom the ashes with an offer of an articlingposition in … legislative draftingfor Transport Canada?! My first-yearLegal Meth statute drafting exercise hadbeen my first “A” in law school, and Ihad carried on a not-so-secret love affairwith the cite guide. From policy advocacyto rule of law, legislative draftingseemed promising. But transport?Then the Rohingya boat people story hitthe news, a Muslim minority fromBurma interdicted and turned back tosea by the Thai authorities. Much ofthe legal analysis has rested less onhuman rights or refugee law than thatbane of my existence, the law of thesea. Evidently, there is some relationshipbetween human rights and transport,certainly in the refugee context.So I am beginning to reconcile myselfto leaving Bangkok for Ottawa this August… but that is not the end. Do whatyou love, and the money (eventually,even if it still isn’t very much), the bar(eventually, even if it is transport), andwho knows what else will follow!* Stephanie Jones graduated in October2008 and is currently Legal Services Directorat Asylum Access Thailand inBangkok. This article is, of course, writtenentirely in her personal capacity.She can be contacted atstephanie.jones2@mail.mcgill.ca.Here’s to You, Mr. Passatby Benedicte Martin (LAW III)It was a blustery December morning.The kind you long to spend cocoonedinside of your warm duvet. A chillingwind whistled outside my window. Thestreets were blanketed with snow.Schools were closed, ploughs weren’tyet out. The world seemed to be at astandstill.But standing still isn’t my forte. Sweptup in pre-exam stress I had mens reato master, the theory of the firm tocomprehend, and a lot of anxiety tospare. So I decided to do what manylaw students do when we can’t take itanymore: I hit the gym and ran off myextra steam. With each stride I feltmore alert, more ready to conquer thedreaded textbooks and massive summarieswhich awaited me.I remember the moment well. Feelingreinvigorated, I traipsed through thesnow on my way home from the gym,running through the differences betweenmental disorder and non-mentaldisorder automatism. One minute I wasprancing along happily. The next, I experienceda “whoosh” of my own andfound myself face down on the sidewalk.I had slipped on a patch of ice andcould not get up. Why why why had Ibeen so engrossed in my textbooks thatI couldn’t spare a second to glance atthe Montreal Gazette’s cover page thatmorning?! Its headline was a warningto pedestrians from emergency roomdoctors to be careful on the icy sidewalks!It was awful. Blood everywhere,my knee was throbbing, and I couldn’tmove.Before I even had the time to panic, aman had stopped his car, lifted me upand offered me a ride home. My braintold me that accepting a drive from astranger was a no no, but my aching legtold my brain to keep quiet. Plus I onlylived a few blocks away.He brought me home, I went to theclinic, and had 7 stitches in my knee.Just what every law student needs theMARCH 10TH, 2009day before she writes 2 consecutiveexams.But that’s not the point. The point isthis man’s immediate impulse to stophis car and help a complete stranger. Heacted not because he feared liability forfailing at his legal duty to rescue underart. 2 of the Quebec Charter. He actedbecause he had a good heart. And forthis I want to thank him.I wanted to bake him brownies or buyhim a bottle of wine to tell him howmuch I appreciated his kind act. Whoknows? Without him, I may still be lyingon that Westmount sidewalk today.I’ve ransacked my mind for ideas ontracking him down but to no avail.Hmmm… I don’t know his name, but Ido know he was middle aged, dressedin a black suit, wearing a silver watch,and driving a Volkswagen Jetta. Or wasit a Passat? So, a middle aged man ina suit driving a shiny black car throughWestmount. The odds of finding himare clearly against me.Honestly, I thought people like this manwere verging on extinction. People whostop spontaneously to help, at rushhour, even when it’s not slotted intotheir blackberries. People who are willingto arrive late for their meeting tohelp a complete stranger. This manstepped into my life for a mere halfhour, but he has left me a better person.He refreshed my faith in our community.Yes, we speak differentlanguages, come from different backgrounds,and all have places to be. Butwhen you are injured on a sidewalk,know that someone will soon come tohelp you up. Wherever you are Mr. Passat,thank you.19


QUID NOVIJUSTIFIED.the exam). Your summary guilt shouldbe lifting already.3. We are learning to spot check20by Abigail Becraft (LAW II)I can justify anything. Like most of mycolleagues, this is not because I am alaw student, but why I am a law student.While this has always been arather annoying characteristic to myfamily and friends, I believe I can finallyuse it for the good of others. In thecoming weeks I will use this column tohelp my classmates justify different aspectsof our law student life. I will giveyou peace of mind for the shortcuts youtake and the procrastination techniquesyou utilize, all towards the ultimate goalof allowing you to live a guilt freeslacker/ procrastinator law school life.You are welcome in advance.Justification- using summaries.In this first week of my column I amjust going to go for the gold. And bygold, I of course mean summaries.They are as valuable to us at that highlysought after precious metal. Nonetheless,we cannot help but be afflictedwith a nagging sense of shame andslackerdom when we find ourselvescompletely depending upon the hardwork of one of our legendary predecessors.But do not worry, I am here tofree you of that shame. Because notonly can I condone the usage of theprêt-à-étudier summary, but I cancommend this phenomena as an integralaspect of our legal training; a skillthat when executed correctly, mirrorsexactly what we will need to do whenwe leave these hallowed halls and actuallystart receiving paychecks insteadof loan checks.1. We are learning to triageLike our med-student colleagues up thehill (who often invade our caf andsnatch prime real estate in Nahum Gelber),we law students are learning totriage. For those of you not familiarwith this medical term, let’s turn to ourgood friend Wikipedia for a definition:Triage is a process of prioritizing patientsbased on the severity of theircondition.Lawyers are a lot like doctors, exceptwe go to school for a semester or twoless, and we don’t save lives, we saveasses. But basically, we’re the same.You have a lot of clients, calling you allat once, all wanting your attention andall wanting your time. How do lawyersdeal with this? Like doctors, theytriage.Thus this is an important skill for us tolearn in law school. Our days are busy,our readings are plenty, and our sociallives are an endangered species. Weneed to prioritize our responsibilitiesbased upon the “severity of their condition.”Consider your readings to be theold lady that comes in complaining of anagging cough, your paper due tomorrowas the 8 year old that comes in witha broken arm, and your social life the40 year old man in cardiac arrest.You’re students of the commonlaw….you finish the analogy. Summariesallow us to triage.2. We are learning to trust others’ workThis is really part of triaging. Doctorshave to trust nurses, lawyers have totrust paralegals, and law students needto trust classmates. We can’t all doeverything (well some people can, butthey freak me out, and will most likelybe the topic of another column). Wemust be willing to let go. Take thosetype A control-freak personalities andbring it down a notch. Law firms mightnot be like consulting firms where peoplesit around conference rooms holdinghands and singing kumbaya, but theyare well oiled chains-of-commandwhere different people do different segmentsof a deal or case. Consider thesummary author like the first year associatewho does the due-diligence(and probably also got an A doing it),and you get to be the partner who goesinto court to argue the case (ie writeThe first and only time I ever cheatedon a test was in first grade. I was ahorrible speller. I had no problem acingthose “which one doesn’t fit” tests, andI was even a super-star adder and subtractor(though by the time we got tolong division in the third grade my parentshad already cut MIT from the collegesI would be applying to). Butspelling…I just couldn’t master spelling.So I devised a plan for the weekly Fridayspelling test. I studied for the test,but as I back-up, I wrote the words onmy desk on Thursday afternoon. Sureenough when I arrived on Friday morningthey had survived the janitor’scleaning, and as I sat there clutchingthat freshly sharpened number 2 pencilI began copying the words off my desk.Then I got to the word “story”…exceptthe word written on my desk actuallyspelled “stoy”….something seemedwrong. But that’s what my cheat sheetsaid. My mind raced…do I trust my instinctsor the cheat sheet, instincts orcheat sheet?sheet.I went with the cheatSome people say that everything theyneed to learn they learned in kindergarten.I’ve always been a little slow,so for me, it was first grade. But besideslearning that cheaters never prosper,I also learned to trust thatgod-given checks and balance systemwe call common sense. And this iswhat we have to do with summaries inlaw school and this is what we will do asoverloaded attorneys in the “realworld.” Now don’t get me wrong, I amnot equating summaries to cheating,but what I am saying is- don’t be anidiot! Make your summary shoppingexperience an opportunity to use yourbrain. Spot check. Ideally you havebeen attending class and have somesort of finger to the wind as to what isgoing on in a course. So you should beable to spot the bad apple, the unreliablesummary. And when faced withthe questions- of your brain or your“cheat sheet”- choose your brain. Thisis what we will need to do as lawyers.For the most part we need to trust our


10 MARS 2009colleagues and learn to delegate andtriage (see points 1 and 2), but we arealso learning to develop a keen eye asto what to trust and not to forget ourold friend, common sense, who sometimesgets neglected here in CDH.4. We are learning to get to the pointBefore becoming a full time ChancellorDay Hall rat, I had a two year stint as alegal assistant at a law firm. I rememberthe first research memo a partnerasked me to do. I remember fastidiouslyreviewing all relevant treatises,scholarly articles and peer law firm publications.I produced a thorough reviewof the material, cited all relevantsources, and carefully crafted a 4 pageexplanation of how the particular law inquestion had been applied in differentcontexts over the last five years. Perfectlyformatted and re-read for typosapproximately 37 times, I proudly presentedthe product of my sweat and toilto the partner as he waved me in whilewriting an e-mail, thumbing throughclient file folders piled on his desk, andmuting the conference call he had onspeaker phone….”what do you got forme?” he asked…I handed him mon oeuvre.He looks me straight in the eye-“kid, I don’t need a book report, I justwant to know- yes or no?”- “Oh…well, Yes”- “Why?”- “Well, I guess because X,Y and Z lawfirm are doing that.”- “Great, thanks. Good job.”With that the partner swirled his chairaround back to his computer screen,un-muted the conference call andslipped my four pages, four days ofwork and four cancelled dinner datesinto one of those client files, never tobe seen again. I could have given himthat answer in the first 4 minutes.What does this have to do with summaries?At the end of the day, what weneed to know is the ratio, not the obiter.Sure, we will have the occasional opportunityon an exam to wax propheticabout Happy-Dubé’s most recent dissent,and our classroom discussions areenriched by debates about the perspectivesof different judges and the societalimplications of a particular decision.But when it comes to the final, and youhave 15 minutes left and you are onlyhalf way through the fact pattern, whatare you looking for? The ratio. Just likemy boss who was on a conference call,writing an e-mail and researching clientfiles simultaneously, you won’t havetime for a book report.For those of you who will try to poke ahole in the argument saying that thepoint is to go through all the materialmyself and create a succinct studyguide based upon my extensive readingand thoughtful pondering…please seepoints 1 through 3.Using summaries made by someoneelse?Justified.(So I better be seeing you at coffeehouse this week. I’ll be doing a sweepof the library at 5pm).21


22QUID NOVIThe Soapboxby Alison Glaser (LAW IV)So, I’m not usually very political (Iknow, I know, I was the Law Senator,but I didn’t do nearly as good a job asErica and Faizel). But some things justreally make me mad and I feel the needto express it. As part of the budget, theConservative government has earmarkeda bunch of new money forSSHRC grants. Sounds great, right?Well, apparently they will be restrictedto business grads, which I think is insane.I found out about this through themagic of facebook. Here’s what thegroup “Stop the feds from earmarkingSSHRC funds for businessgrads only!” found athttp://www.facebook.com/group.php?gid=48502692549 had to say:“The Canadian government has placeda very nasty and apparently ideologicalcondition on temporary funding increasesfor graduate studies in the artsand social sciences in its 2009 budget.NSRC (science) and CIHR (health) bothget more new funds than SSHRC, themain funding body for graduate studiesin arts, humanities and social sciences.That's understandable, given the highercosts of research in science and health.However, the additional SSHRC fundingis to be made available only to businessstudents.In fact, although I hope this is onlyclumsy wording, it looks like the Conservativesare demanding that ALLscholarships provided by SSHRC be forbusiness-related degrees only.…Here is the offending passage from"Further Developing a Highly SkilledWorkforce":"Budget 2009 builds on investmentsmade in the previous two budgets byproviding an additional $87.5 millionover three years, starting in 2009–10,to the federal granting councils. Thisfunding will temporarily expand theCanada Graduate Scholarships program,which supports Canada’s topgraduate students. This includes $35million for each of the Natural Sciencesand Engineering Research Council ofCanada and the Canadian Institutes ofHealth Research, and $17.5 million forthe Social Sciences and Humanities ResearchCouncil. These funds will providefor an additional 500 doctoral scholarships,valued at $35,000 each per yearfor three years beginning in 2009–10,and an additional 1,000 master’s scholarships,valued at $17,500 each for oneyear, in both 2009–10 and 2010–11.Scholarships granted by the Social Sciencesand Humanities Research Councilwill be focused on business-related degrees."”The problem with this, as I see it, is theimplication that Humanities and SocialSciences are less worthy of fundingthan other domains. I think this is an insidiousattitude that could really dosome harm. Knowledge is important,and there are many worthy areas ofstudy that are not strictly speaking“practical”. I think we’d all agree thatcancer research should get lots of funding,but as a society it is also importantto fund the people studying the effectsof culture on attitudes towards women,or the history of the Irish immigrantsto Montreal, say. This kind of researchcan enrich our lives, and should be seenas a worthy pursuit, not relegated tosecond-class. Furthermore, it is arguablethat research in business-relateddomains has more access to privatefunding sources. It is precisely thosescholarly pursuits that aren’t as “sexy”or whatever that should get our funding.Finally, the problem is also that beingan academic sucks. One of my bestfriends was in school with me, and wegraduated from undergrad at the sametime. During my two years off and myfour years of law school, she has completeda Masters and is set to completeher Phd at about the time I will finishhere (May). She is doing really interestingand important work on genocideand genocide victims. However, unlikeme, she has no job after graduation.She has no idea where she will be ableto work if she finds a position. Whenshe does get a job, she is likely to earna fraction of what I will earn. And this ispretty normal for academics. Can youimagine if most people graduating fromlaw didn’t actually get a job? Therewould be riots. I am not saying that allof our tax money should go and supportacademics because life is tough forthem, but I do feel, given the valuablework they do, that they should be recognized,and not made to feel secondor third class through the restriction offunds to other disciplines.So what to do? The Facebook page haslots of suggestions of people to contact,but I would start by writing to your MPand encouraging them to take this upas an issue. Spread the word, andmaybe the issue will reach such a tippingpoint that the government willback down, like with the cuts to artsand culture. Most of all, keep your eyesout for these stories. The internet is awonderful tool that can bring things topeople’s attention that otherwise mightjust slip by. We have a voice, so weshould use it.


MARCH 10TH, 2009Computer Corner: If you are doing “this” inMicrosoft Word, there IS a better way – part 4by Narimane Nabahi (LAW III)Wildcard search (and replace)Goal: You realize that you haven’t beenconsistent and sometimes forgot to put aspace between the article number and“C.C.Q.” For example, imagine your textreads: “Article 1 C.C.Q. mentions civilrights, and so does art. 4C.C.Q.” Imagineyou have done that mistake multiple times.How do you add the missing spacesthroughout your document?Manual method: You start searching forC.C.Q. in your document and manually adda space. Alternatively, you do a search andreplace of “C.C.Q.” to “ C.C.Q.” but acceptor reject changes individually.Solution: In Word, you can do somethingcalled wildcard searches. It allows you toenter more complex search strings. Bringup the Find/Replace dialog box, and click on the Find tab. Click on “Use Wildcards”. Click on the “Special”dropdown. You will notice that you can search for all sorts of items. Let me just give you a few ideas ofwhat you could search for:Search string What it would match What it would not matchC.C.Q.Every occurrence of “C.C.Q.” none[! ]C.C.Q. (Note the spacebetween ! and ])[! ^s]C.C.Q. (Note the spacebetween the ! and the ^)(This is example is shown inthe screenshot).[0-9]C.C.Q.Every occurrence of C.C.Q.that is not preceded by aspace, such as “4C.C.Q.”,“aC.C.Q.” or “°C.C.Q.”Every occurrence of C.C.Q.that is not preceded by aspace or a nonbreakingspace, such as “4C.C.Q.”,“aC.C.Q.”Every occurrence of C.C.Q.that is preceded by a digitbetween 0 to 9, such as“ C.C.Q.” (Note the spacebefore the quote (“) and the“C.C.Q.”)“ C.C.Q.” or “°C.C.Q.” (Notethe space before the first“C.C.Q.” and note thenonbreaking space beforethe second “C.C.Q.”“ C.C.Q.”, “°C.C.Q.” or“bC.C.Q.” (Note the spacebefore the first “C.C.Q.” and23


QUID NOVI“4C.C.Q.” or “2000C.C.Q.”note the nonbreaking spacebefore the second “C.C.Q.”As you can see, these can become quite complex but can be tweaked to deal with many situations. Thisfunction can be particularly useful when you are merging two documents written by two different people.If you think this is too complicated, you should at least try to see what type of “Special” items you can lookfor when “use wildcards” is not selected. The list is different but also useful. For example, the last searchlisted in the previous table (“[0-9]C.C.Q.”) can be achieved without the “use wildcards” option by using thissearch string (without the quotes): “^#C.C.Q.”. This means “find any C.C.Q. that is precedent by a digit.”Another interesting way to search is to search for formatting. For example, you can search for text that isitalicized or bold. This can be helpful when you know the format of something you are trying to search. Tofind those options, click on “Format” instead of “Special” in the Find dialog box.Note: I am skipping the question of replacing using this technique because even though it is quite powerful,it is also quite complex. Just in case you wonder how I would have really solved the first problem, I wouldhave searched for “([! ^s])C.C.Q.” and replaced that with “\1^sC.C.Q.”. Remember that in this context,“^s” represents a nonbreaking space.Let me briefly explained what this all means. I added parenthesis around “[! ^s]” to tell Word this is my firstgrouping. This is useful because when I want to replace the search string, I want to keep what wasmatched by “[! ^s]”. If you don’t do this, Word will remove the character matched by that element. My“4C.C.Q” would be replaced by “ C.C.Q.”. The “4” would be deleted. By putting the first element inparenthesis, I can reuse it in my replace string. This is what I do here. I added “\1” to the front of myreplace string to tell Word to re-add the first element matched. This way, the digit “4” in “4C.C.Q.” would bereproduced in the replace string, thereby yielding “4 C.C.Q.”. I am amazed you made it that far. You canemail me to collect the ten thousand dollars prize.More information on wildcards: http://word.mvps.org/faQs/General/UsingWildcards.htmYou can find this column with hyperlinks online at www.twistlaw.ca. If you have any questions,suggestions for future columns, or if you want to collect the ten thousand dollars prize, email me atNarimane.nabahi [A...T] mail.mcgill.ca.The Sum of All Fears: No, not Iran, it’sPakistan.by Alex Buzoiu (LAW III)24In the last years of the Bush administrationwe kept hearing that Iran wasup to no good. That we had to watchout and not be shy to intervene if itwas necessary. During the 2008 presidentialelection candidates were asked“how they will deal with Iran.” Ofcourse, the general answer orbitedaround “we will use force if we needto, and chances are we won’t talk tothem before dropping bombs onthem.” Of course, Obama had a morestylish approach that differed from theother candidates. But it was all ratherirrelevant. The real global threat isPakistan. In fact, since the departureof General/President Musharraf, Pakistanaccelerated its fall down the rabbithole.(continued on page 27)


10 MARS 2009THE VIRTUAL LIBRARYby Professor TetleyI Personal Computers in the ClassroomA new phenomenon has surreptitiouslyinvaded law schools in the last five toten years: the reliance of many studentson the law books, law articles andeven texts of statutes and legislationfound online, rather than on the shelvesof the Law Library.(“Online”, incidentally, would seem tobe replacing such terms as “the web”and “www” in modern computer jargon).Students attend lectures in law schoolas before, but most students today takenotes on their laptops, i.e. their personalcomputers. The result is deemedto produce and probably does producemore effective classroom notes andclassroom learning. The methodology iseven effective in law courses builtaround discussion, debate and studentpresentations, because professors nowlecture in the classroom from films,“PowerPoint” and similar software.Recently, I was surprised that that twoof my students, during a private tutorialI had with them, had neither a pen nora pencil, but were satisfied to takenotes on their lap tops, which they dideffectively. Neither carried either a penor pencil with them during the day!II The Emergence of The Virtual LibraryThe personal computer (laptop) in theclassroom or in the Law Faculty libraryor when the student studies at homehas been made possible by a most importantscientific development (call it aninvention, if you will), and that is thevirtual library. Now undergraduate students,graduate students and professorsalike, do much of their research onthe web and not in the books on thelaw library shelves. This is true as wellin respect of much legal research donein law firms and in corporate law departmentsand even by the public ingeneral.The virtual library requires no books orlibrary building or extensive staff. Thecost of operating a virtual library is thusa fraction of operating a real library.III Specialized Virtual LibrariesHave EmergedSpecialized virtual libraries have beencreated by specialized groups, NGOs,churches, industry, business, professionaland charitable organizations andpublic and private foundations, etc.Population increases and the new literateand leisure classes have made theweb available to an expanded clientele.Most important, the cost of owning, operatingand using the virtual librarymakes it very popular to all groups inmodern society and at all levels of educationand wealth. .IV A Catalogue of Some Virtual Libraries(A Virtual Library of VirtualLibraries)With a little research in my virtual library,I was able to find innumerableVirtual Libraries. Those Virtual Librariesmost familiar to law students include:• Quicklaw:http://www.lexisnexis.ca/lawschools/facultes.php?section=quicklaw• AZIMUT: www.azimut.soquij.qc.ca• WestlaweCarswell: www.westlawecarswell.com• Droit civQil en-ligne :http://www.editionsyvonblais.qc.ca/Produits/589.asp.• HeinOnline:www.caij.qc.ca/pages/apropos/heinonline• JSTOR: www.jstor.org.But there are many many more virtuallibraries, herewith a tiny sampling:•Bored.com:http://www.fullbooks.com/ - for thosewho need a cheap thrill!• The Online Books Page: http://onlinebooks.library.upenn.edu/lists.html• Classic Book Library: http://classicbook.info/• LibriVox: http://librivox.org/ - To listenrather than read the book.• FullBooks.ca: http://www.fullbooks.com/• Read Print:http://www.readprint.com/ - list of fullclassic books.• The Literature Network:http://www.online-literature.com/author_index.php- From Adams to Zola.• International Children’s Library:http://en.childrenslibrary.org/ - for theyoung ones.V Unfortunate Defects in Virtual LibrariesUnfortunately virtual libraries have nopermanence and are modified daily oreven oftener. They can be subject, aswell, to attacks by professional thieves,meddlers and ne’er do wells.VI The Future of Virtual LibrariesThe long term future of virtual librariesis unknown, and in the short term (oneto three years) is dependent on the almostdaily advances in science and inthe accumulation of knowledge anddata, including its organization, presentationand cataloguing.And is there a limit imposed by man’sinterest in knowledge? Could there bea slowing down in research? Couldthere be a slowing down in the study ofmaterial matters, to be replaced by anew direction and interest in non-materialquestions, such as ethics, belief andGod?The Catholic philosopher AlasdairMcIntyre sees this happening onlywhen society ultimately breaks down inthe far, far distant future into smallmoral communities. McIntyre believesthese communities will be able to resistthe attractions and blandishments ofthe internet and material knowledge asthey have evolved by then.For the present, the internet and thelaptop have caught us in their webcausing us to be willing devotees andbeneficiaries of the Virtual Library. And25


QUID NOVIthen there is the Virtual Museum, butthat is another story!VII A Personal CommentaryI started out as a law student at McGillin 1948 when there were no personalcomputers in the Faculty or elsewhere.After eighteen years in law practice, andeight years in the Quebec government,I came to McGill in 1976 to teach andeven then there were no personal computers,used by the professors or students.The secretarial staff worked oncomputers but we continued in the oldway.Now however, the teaching and studyof law have been completely transformedby the internet and the personalcomputer. Now I work on a computer inthe office, while, at home, I work withouta computer, but with my familiar,old fashioned books and legal texts.The compromise therefore is a happylife, with the web in the office and withoutit at home.Most of my classmates from highschool (sixty years ago) and from university(in the 1950’s), have kept upwith the web. We are all in our eighties,however, and soon our generation willhave gone.Thereafter, a happy, productive lifewithout a computer will be a thing ofhistory! Plus ça change, plus c’estpareil!Landmines PanelDiscussionJust before the break, Disability & the Law hosted its major event of the year, a panel discussion onthe Ottawa Convention to Ban Antipersonnel Landmines. We were joined by Cameron McCauley, ahealth specialist from Survivor Corps who works with landmine survivors from all over the world;Christa McMillin, a program officer for Mines Action Canada, an NGO which helped to bring the OttawaConvention to the forefront of the Canadian diplomatic agenda in the 1990s; and Anne Woodbridge,the Mine Action Director for the Canadian International Development Agency. The threespeakers provided different perspectives and levels of analyses and generated an interesting discussionon the plight of persons with disabilities around the world.Disability & the Law would like to thank our co-hosts, the Human Rights Working Group and theMcGill International Law Society, as well as our sponsors: the Law Students’ Association, the Students’Society of McGill University, the Campus Life Fund, QPIRG and the McGill Alumni Associationfor their generous support. We would also like to thank our attendants, ranging from law students tomembers of the wider McGill community.For comments or questions about Disability & the Law please contact us:disability.law@mail.mcgill.ca.26


(continued from page 24)Statistics behind the threat (CIAWorld Fact Book)Name: Islamic Republic of Pakistan(meaning of Pakistan: Land of (the)Pure, in Urdu and Farsi.Population: 172, 800, 048Age structure:- 0-14 years: 37.8%- 15-64 years: 58%- 65 years and over: 4.2%- Median age: 20.5 yearsUnemployment: 7.4% PLUS substantialunderemployment (this wasestimated in 2008; economists saythat the next quarter numbers willshow some considerable increase).Literacy: Total population 49.9%Male 63%Female 36%General economic state: An impoverishedand underdeveloped country,has suffered from decades of internalpolitical disputes, low levels of foreigninvestment, and declining exportsof manufactures.Due to the economic underperformance,Pakistan has a chronic difficultyin providing its population withavailable healthcare, sanitation, employmentprograms, and help for thepoor.Border issues: Pakistan is one of theparties involved in reaching a solutionover the world’s largest and most militarizedterritorial dispute: Kashmir.Furthermore, it has an incrediblyporous border with Afghanistan.Nuclear Weapon(s): Oh yeah baby:estimated at 60 active warheads.In short: what makes it “the”threat?Since the assassination of BenazirBhutto, Pakistan is excessively unstable.Taliban-like groups are gainingpower, support, and weapons. Thepopulation suffers, and always hasbeen suffering, from relatively high, tosometimes very high, unemploymentrates and underemployment. The populationis very young. A significantpart is illiterate. Thus, you have abunch of young people with a lot oftime on their hands. You know whatthey say: “idle hands are the devil’stools.”Add to this the fact that the Pakistanistate never did a great job at providingthe basic necessities of life to mostof the population, and thus Mosquesand Madrasas stepped in. Do not misunderstandme; Madrasas are not abad thing. They are schools andschools are good. But some Madrasasand even Mosques are infected withpeople that pervert the Qu’ran and indoctrinatethese young idle peoplewith dangerous ideas (this also appliesto Saudi Arabia). People come to theseinstitutions for food, comfort, andknowledge, and don’t realize thatsome of these institutions are in factmodeling them into weapons.Moreover, Pakistan – contrary to other“dangerous” countries – has nuclearweapons AND the means by which itcan launch them. Finally, it never reallygot along with its geographicaland historical neighbour, India.All the latter are hardcore provenMARCH 10TH, 2009facts. I could add to this a wave ofspeculation by intelligence agencies asto the ties between Pakistani nuclearscientists and Taliban in the Pashtuntribal areas or the speculation thatPakistani military officers will be givingnuclear weapons to Iran. I prefer,however, not to venture down the slipperyslope of speculation.What should have been done?Rather than focusing on the real problemafter 9/11 – the Afghan Taliban –and trying to contain and “get them”before they permeated even furtherinto Pakistan, there was an unnecessarywar (Iraq). Even now rather thanfocusing on Pakistan, the Americanmedia and most politicians are fantasizingabout Iran.The focus should have never shifted,but George had a short attentionspan. But hey, what can you expectfrom a Yale/Harvard graduate?Furthermore, George, with his MBA,should have known that protectionismdoes not help, it hurts. Rather thanproviding Pakistan’s textile exportswith access to American markets,George decided to bend to the Americantextile lobby; I guess he hadshares. This is one of the key factsthat played into the hands of the radicals.The Pakistani economy neverpicked up, thus misery and unemploymentremained. All we have is thehope that Barack Obama does a betterjob keeping focused on the real issues.But keep in mind: he graduated fromHarvard too, so who knows?(In the Picture) The Ghauri Hatf-5 MRBM capable carryingnuclear/chemical/anti-thank warhead: estimatedrange from 1500 km (first models) - 4000 km (the newones under development).27


QUID NOVIVALEDICTORIAN ELECTION/ ÉLECTIONValedictorian ElectionDU MAJOR DE PROMOTIONTo all 3rd and 4th year students graduating in May 2009!! (To the others: hang on in there, your time will come sooner thanyou think!)The election of the valedictorian (you know, the student who’s going to make a speech full of wit, emotion and depth infront of his/her professors, fellow-students and a room packed of tearful moms and Kodak dads) will take place from March19 to March 25.So if you think the class of 2009 deserves a taste of your Obamanian rhetoric, please submit your application to the CRO:cro.law@mail.mcgill.caAll you need to do is send the CRO your blurb (maximum length: half a letter-sized page) explaining why you’ll make thebest valedictorian ever. Your blurb will be published in the <strong>Quid</strong> before the election. You may include a picture of yourself inyour blurb, but please restrict your campaigning to your blurb (so no posters, Facebook groups, etc.)!The deadline to send your application is March 11, 2009.Élection du major de promotionOyé, oyé, étudiants en 3ème et 4ème année!!!Si vous finissez vos études en mai 2009, ce message s’adresse à vous (et si vous ne finissez pas, eh bien, patience, ça vavenir!).L’élection du major de promotion (vous savez, le type ou la fille qui fait un discours full spirituel et émotionnant devant sesprofs, ses camarades de classe et un parterre de mômans larmoyantes et de pôpas armés de caméras) se tiendra du 19 au25 mars prochain.Aussi, si vous vous sentez l’âme rhétorique d’un Obama, soumettez votre candidature pour être élu major de promotion auCRO : cro.law@mail.mcgill.caTout ce que vous devez envoyer au CRO, c’est un court texte (maximum une demi-page 8,5 X 11) expliquant pourquoi vousferez le meilleur major de promotion. Votre texte sera publié dans le <strong>Quid</strong>, juste avant l’élection. Vous pouvez inclure unephoto de vous-même dans votre texte de présentation, mais SVP limitez votre campagne à votre texte (donc pas d’affiches,de groupes Facebook, etc.)!La date limite pour se porter candidat est le 11 mars 2009.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!