Quid Novi Vol. 23 No. 011: January 14, 2003

24 Pages·32.2 MB·English

by  McGill University. Faculty of Law

McGill University, Faculty of Law
Volume 23, No. 11- January 14, 2003
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14 janvier 2003
Quid Novi
Editor's Note
In this Issue
En ee debut d'm:mee,
10 Exclusive News
fiNANCING En eette m:mee nouveHe,
3 Les tresors de 11 Mike's News Item A l' aube de cc non ve au mi:Hena1re,
12 Professorial Recruitment
1' engagement
13 Edmund on Cloning [soupirs]
4 Reply to the Working
13 Jeff's News
Group
Sou~ le eiel bleu dejanvier,
14 Forum on Human Rights
Dan~ la froidme de eette m:mee qui
16 Dennis' fab PR tips
m;MOR eomtnenee,
AND ANNOUNCE:MENTS 17 Ethics and Law Panel Alor~ que dehor~, le~ gen~ ~e petent
20 J. of Law and Equality la gueule ~m le~ trottoir~,
5 Daycare now available
23 Common Law Careers
6 Tales from the Barreau
[ soupirs affliges]
Day Schedule
VI: The Final Chapter
Merry Civil ll Du pm~ profond demon eoem,
Dam le bonheur et la joie,
[email protected] En vC ity de~ pou voir~ qui me ~ont
eonfere~,
[soupirs affliges et prolonges]
QUIDNOVI Quid Novi is published weekly
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Que 2003 vo u~ apporte la ~ante,
Fabien Fourmanoit All contents copyright 2002
Rosalie-Anne Tichoux Mandich Que 2003 vO tl~ apporte la rCtl~~ite,
QuidNovi. Que 2003 vo u~ apporte de la pizza;
MANAGING EDITOR
Catherine Galardo Les opinions exprimees sont
propres aux auteurs. Toute con
ASSOCIATE EDITORS tribution doit indiquer 1' auteur
Alexandra Law
et son origine et n' est publiee Des souhaits de nouvelle annee, c ·est
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a
qu' la discretion du comite de comme des flamands rose sur une
Peter Wright
redaction. pelouse quebecoise un jour
d' anni versaire: obligatoire, mais
LAYOUT EDITORS
tragiquement quetaine.
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Micbelle Dean
does not necessarily represent
Ah, les conventions.
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2
~-------------------~------------------------------------------------------------~· ~---=-~~--~-----------------
January 14, 2003 Quid Novi
tresors de 1' engagement.
L~s
• •
par Elise Labrecque, Law I
L
es fins de session sont rarement etudiants debute par la volonte de de poussiereuses tablettes de 1' esprit car
sans remous, trop souvent participer, et non seulement de recevoir. elles ne sont justement pas des solu
inoubliables de brouhaha et de L' exemple du contrat social est tions-miracle. Elles ne sont pas
stress. Ma premiere fin de session n'a particulierement interessant puisque 1' antidote qui raiera le tant redoute «
echappe a ce constat qu'un instant, chacun peut ap eu pres en faire ce qu 'il sous » qui ne veut pas s' extraire du
!'instant d'une conversation autour veut : un contrat, inutile d' en repeter financement. Le sous-financement ne
d'une biere bien meritee par un heureux les conditions essentielles, qui n' en est peut pas etre regie ni en tout, ni en
et festif vingt decembre au Thomson peut-etre pas un. Des gens qui s'y partie, par une solution-miracle,
House. Et si les convictions se revelent engagent sans vraiment devoir le faire. comme il a ete mentionne par les
certaines fois bien tard, elles n'arrivent Et un resultat espere, qui demeure representants du corps professoral.
jamais trop tard pour etre ecrites. Faut hypothetique tant que les resultats ne J' ajouterai que les solutions qui sont
il encore vouloir les ecrire, ou y croire sonneront pas al a porte. La seule part en apparence minuscules peuvent
suffisamment pour le faire. connue de ce contrat social n' est pas le parfois se reveler fondamentales.
Quatre curieux discutent done contrat, mais le social, la volonte de Les consequences de
doucement de choses et d' autres,
-------------------- 1' engagement etudiant, d'un «
et parmi lesquelles 1' avenir de don de temps»,« volontaire », «
leur Faculte. Le« leur » leur est La seule part connue de ce contrat obligatoire » ou « credite »
heureux, car malgre leur venue social n' est pas le contrat, mais le pourraient depasser un
relativement recente en cette in soulagement professoral. Par
social, la volonte de mise en
stitution, ils s' y sentent a leur 1' engagement etudiant, le social
place, pour certains contre toute commun, 1' effort du nons, petits pourrait redonner du sens au
a
attente. Leur volonte commune de contrat. Participer la vie de la
bouts par petits bouts.
debattre et de discuter est Faculte, c'est y faire sa place,
manifeste, et le lieu s' y prete a c'est creer une ambiance, des
merveille. Leur Faculte est le amities, des affinites
theatre de debats qui depassent sans mise en commun, 1' effort du nous, pet professionnelles et surtout
doute ses murs, qui n'interessent peut its bouts par petits bouts. intellectuelles. C' est y creer un lieu
etre pas tous ceux qui devraient s'y Les etudiants ont une part d' enseignement au sens complet du
interesser, mais qui ont le merite de importante a faire du cote social. term e. L' enseignement, 1' experience,
bousculer les idees re~ues, les leurs, et Concretement, leur principale 1' engagement. Les etudiants qui
les autres. Et les lutins debattent. res source, bien qu' on en doute a la s'impliquent ne cessent jamais
Malgre leurs divergences, un venue des examens, est le temps. Le vraiment de le faire. Le fameux contrat
constat s 'impose au gre des mots et des temps de donner un peu de soi a sa social, celui qui constitue l'une des so
minutes ... lls croient to us quatre que Faculte. Le temps d' aider un collegue, lutions au sous-financement, aurait
1' engagement est la cle. La cle de des collegues, ou un professeur qui, lui, alors d'autant plus de chances de por
beaucoup de choses, et d' autres souvent semble courir apres quelques minutes ter fruit. Car I'i mplication etudiante est
secondaires. Mais la cle du pour enrichir ses enseignements, son un cercle vertueux.
changement, surtout. Cet engagement site web, sa liste de lectures Mais elle n' est pas tres a la
commence par la prise de parole. complementaires. Le temps d'installer mode ... Qui dit implication, dit
Alors abordons la delicate ques un micro lors d'une conference, militantisme, ou bien pire. Militantisme
tion du financement, que tous d'apporter une bouteille d'eau a un est soit associe aux mots « partisan »
s' entendent pour habiller du pre:fixe « conferencier, et, qui sait, d' entamer une ou pire « gogauche » ou «
sous». Le sous-financement, done. Ma discussion passionnante avec celui-ci. cococommuniste ». Ouh la la ! «
n
conviction est que la Faculte a besoin n'y a pas de solutions-mira Solidarite mes freres et mes sceurs, car
que l'on s'y interesse et qu'on y cle au sous-fmancement, seulement l'union nous rendra forts2 ». Sans
•
investisse, dans un sens financier, quelques idees. Le temps n' est pas une plonger dans mes souvenirs militants,
a
certes, mais egalement autrement. Elle idee revolutionnaire. Elle n'est meme 1' implication est chaque instant defiee
a besoin que 1' on se positionne et non pas originale. Les consequences de ce en duel. Par l'individualisme surtout,
que l'on s'esquiche1 Elle merite que don de temps sont previsibles, meme redoutable adversaire s'il en est. Les
•
a
l'on s'affiche, que l'on s'implique, que celles qui touchent la philosophie de perceptions jouent contre les gens
1' on s 'y engage. L' engagement des 1' engagement. Mais elles dorment sur impliques. A toute petite echelle, le
3
Quid Novi 14 janvier 2003
temps consacre a sa F aculte par un philosophes et des fous qui y croient efforts made thus far in this regard
should be recognized and commended
etudiant ne peut etre considere comme encore ...
With respect to the issue of pro
de 1' implication. On considere
necessairement le geste comme 1 « De 1' ancien verbe eschisser, glisser, fessorial salaries and workload, it is
opportun, opportuniste et interesse. de l'italien schizzare, jaillir. Rester clear to everyone that the Faculty will
need to substantially increase its pro
Dans notre petit monde, 1' etudiant qui neutre dans une discussion, eviter de
fessorial cohort in order to continue in
donne du temps est interesse ou se prononcer, de prendre part a une
a sane and sustainable manner. How
simplement fou. A-t-on deja vu le querelle. »A. Duchesne et T. Leguay.
ever, I cannot agree that a general in
monde des interets concorder avec L'Obsolete, dictionnaire des mots
crease in salary is a necessary compo
celui du don ? perdus. Collection Le Souffle des mots,
nent of the solution. As the Working
Je crois que oui. Dans le social. Larousse, Paris, 1999. Page 225.
Dans la philosophie de 1' engagement 2 Chanson militante ressortie des plac Group points out, « les professeurs de
en particulier. Dans les idees qui sous ards fran~ais pour un bref instant entre la Faculte n' ont pas choisi une carriere
tendent un contrat social ou le social les deux tours de la presidentielle dans 1' enseignement pour "faire de
1' argent"; la plupart d' entre [e ux et elles
prend sa place. Mais deja, il faut tendre printaniere 2002. •
ont] quitte des postes bien remuneres
1' oreille aux propos des curieux
pour venir enseigner a la Faculte, parce
que [ces personnes croient] en ce
qu['elles font]». This is certainly true
A Reply to the Members of the
among the professors of this Faculty,
given their excellent reputation in the
Working Group on Faculty Financing
field Moreover, this Faculty currently
employs an outstanding professorial
by Jared Will, Law I
cohort. I take all of this for granted.
What is unclear, therefore, is
T hough there are many elements Excellence without accessibility is the how it follows that the Faculty must
of the article published by the promotion and endorsement of elitism, increase salaries to attract new, excel
Working Group on Faculty Fi and there is nothing excellent about lent professors. As the committee
nancing in the last Quid that are trou elitism. points out, the fact that the current co
blesome, there are some welcome ele It is for precisely this reason that hort has chosen to teach at McGill, in
ments that deserve attention. First, one the Faculty's admission process, as de spite of the financial 'sacrifice', indi
can only hope that this high degree of scribed by the Working Group, is to be cates that they are committed to and
transparency and inclusiveness contin lauded in so far as it promotes diver believe in what they are doing. Why is
ues throughout the decision-making sity in the Faculty. A case sensitive re it that the same logic would not apply
process. The fact that the committee view process that is perceptive of ap to incoming faculty? It seems clear that
took the time to address the entire stu plicants' backgrounds is an important what underlies the excellence of the
dent body and articulate its vision is im element in the process of ensuring di current cohort is (a) a dedication to le
portant, and should not be ignored The versity. However, the claim that the stu gal instruction and (b) the excellence
commitment to including the student dent cohort presently exhibits "une of the Faculty itself, and not concern
body in the process is also laudable. diversite grandissante au niveau ... du for personal fmancial enhancement.
Finally, the commitment to "accessible statut socio-economique" must be Especially in light of a funding short
excellence," must remain the guiding taken with a grain of salt. Though em age, it seems that these same criteria
vision of the Working Group. pirical evidence on this point is not that attracted the current cohort, rather
However, the point must be readily available, it's a safe assumption than financial incentives, should be the
made that to speak of accessible excel that the student cohort at McGill Law foundation of the excellence of the in
lence is somewhat redundant. The idea does not reflect the socio-economic coming cohort. Moreover, pay equity
that a funding plan needs to weigh ac diversity of Montreal, Quebec, or among the cohort (a stated goal of the
cessibility and excellence as two dis Canada. The existence of a small Working Group) does not per se require
tinct goals, which seems to be the domi number of students from less privileged additional spending on salaries-though
nant discourse in the Faculty lately, is backgrounds does not represent a di it may require a redistribution of that
misguided. As the Working Group rec verse Faculty; it is more accurately spending.
ognizes in its claim that "excellence is described as tokenism. Clearly, the goal No one denies that McGill pro
premised in large measure upon mak of welcoming a student cohort that rep fessors are overworked. There are two
ing it possible for a diverse group of resents the full socio-economic diver necessary elements in resolving this
people to learn from each other," ac sity of the community in an era of fund problem. The first is increasing the pro
cessibility is a necessary condition of ing shortages is a daunting task- but it fessorial cohort. The second is increas
excellence in an educational institution. must nevertheless be the goal, and the ing support personnel for professors.
4
January 14, 2003 Quid Novi
The second element would, in my ment' s report and this recent article public funding for post-secondary edu
mind, be best addressed by developing from the Working Group, as well as lis cation must surely recognize that to
a more extensive student-assistantship tening to the discourse from the Fac treat that barrier as insurmountable is
program, in which undergraduate stu ulty members at the last general meet to accept an illegitimate, and in fact un
dents would serve as professors' assist ing, gives the distinct impression that democratic, political structure.
ants throughout the year. If the assist we are resigning ourselves to the fact We should not be blind to the
ants' workload included both research that public funding will not be forth fact that this is an uphill battle. How
and administrative tasks, remuneration coming. If this is the case, I maintain ever, we at this Faculty should not be
that we are, as such, re seeking solutions uniquely available to
signing ourselves to fall McGill Law, but rather joining the fight
We at this Faculty should not be
ing short of excellence in for unconditional and adequate public
seeking solutions uniquely post-secondary educa funding for post-secondary education.
tion. If, as many believe, There are many dimensions of this bat
available to McGill Law.
we are merely being real tle in which the members of this Fac
istic, we are then equat ulty are particularly capable of leading
ing realism with a narrow the charge, precisely because of "its
could be achieved by awarding course vision of possibilities. Those who ar reputation and leadership position
credits for these positions. Alterna gue that public funding for education and .. .its creative and engaged faculty,
tively, the positions could be included is no longer a reasonable expectation students and administrative staff." The
as components of financial aid pack in industrial neo-capitalist society need responsibility of the members of this
ages, as is the case in many US schools. only look a few thousand kilometers Faculty, professors and students alike,
Such an arrangement would not only to the east, rather than a few hundred is not to seek navel-gazing solutions but
be mutually beneficial for students and to the west. Those who argue that the to address the wider social context and
professors, but would also be more cost current political climate in Quebec engage in a process of re-invigorating
effective than hiring additional admin with the focus on high-school drop-out public education. This responsibility
istrative staff. rates and health care-is a barrier to pub follows not only from an elementary
The Working Group recognizes lic funding for post-secondary educa recognition of a social duty, but more
that funding shortages are universal in tion should keep two things in mind. concretely from the fact that most of
Canadian educational institutions, but First, foreclosing accessibility to excel us are direct beneficiaries of public
suggests that McGill Law might be able lent post-secondary educational insti education. To engage "its reputation
to achieve a unique solution. This is not tutions mitigates against motivating and leadership position" to achieve a
acceptable. The fact that we are in a high school students to complete their solution unique to our Faculty, which
somewhat privileged position and may diplomas. Second, part of the fury be would in a significant way undermine
be able to design solutions that circum hind the demand for better health care the demands for adequate public fund
vent shortages in public funds does not is the recognition that the funding for ing for all post-secondary institutions,
entitle us to do so. In fact, it would be public social services is in fact avail would be to endorse and exploit pre
extremely irresponsible for this Faculty able. Those who argue that the struc cisely the elitism that is antithetical to
in particular to address the funding ture of representative democracy in excellence in education. •
problem in isolation. As I have made Quebec is an insurmountable barrier to
clear in a previous article, the only vi
able long-term solution for excellence Full-Time Daycare NOW Available!
in post-secondary education is public
by Kathleen Morrison, VP Operations SSMU
funding. Fracturing the post-secondary
education community by seeking so
lutions that are not only unique to SSMU Daycare has full-time childcare spaces available for the children of
McGill Law, but also unavailable to undergraduate and graduate students of McGill starting the week of January
other Faculties, departments and uni 13th. These spaces are subsidized by the SSMU as a student service.
versities, is a direct attack on the strug The SSMU Daycare is a brand new daycare facility located in the Brown
gle for the only viable, long-term means Student Services Building and has places for 35 children aged 18 months - 5
of sustaining excellence in post-sec years.
ondary education-social funding. Registration is ongoing and the daycare has Open House every day from 10
The Working Group is to be -2pm.
engaged in canvassing and studying a For more information, contact:
wide variety of solutions to the current Cynthia Dezso, SSMU Dayc are coordinator
funding shortage. However, reading [phone]
The Private Ad Hoc Committee on [email protected]
Processes for Professorial Recruit-
5
14 janvier 2003
Quid Novi
Tales from the Barreau VI - The Final Chapter
by AI "Ex Presidente" aka "Dink" Mendelsohn, Alumnus 2
Ahoy boy from the world of Big Quid article crap- it's just like 3 years I raised my right hand and swore to
Law! Yes, I write to you from ago! I really appreciate that everyone uphold the something-or-other of my
the 46th floor of a large office around there sees fit to keep things the profession, yada-yada. I guess I really
tower somewhere in the heart of a large way they have always been. Makes me don't remember the details, only that I
urban center. I won't tell you where feel like I never left. got really drunk after.
because it's irrelevant. But heed this Ah, but I did leave. And as the So it all turned out just fine in
warning- even a far left almost social readers of last year's Quid know, I the end. Yes, I struggled. Yes, it was
ist who founded the Law Students for chronicled my life at the Barreau in a very hard work. But I ended up pass
the Decriminalization of Marijuana can wonderful series of self-indulgent tripe ing all six of my exams on the first try.
end up in a big office tower practicing (see Finn, I call my own stuff tripe- no The marks aren't glorious, mind you-
commercial litigation. need for you to do it, but I would be 61,63, 63,65 among them. But that's
With the Quid now online, I've honoured if you did). But it occurred irrelevant-Barreau exams don't meas
been able to catch up on what's going to me after reading all the online Quids ure intelligence. Me now law guy. I
on around the Faculty. Funding issues, that I never finished my story. Well I must say I don't feel any different. But
security problems in the library, Chico guess you know how it turns out - on apparently I am worth $150 an hour,
Resch, people railing on the LSA, Marc the 46th floor practicing commercial about the same as a mid-range prosti
Edmunds writing about U2 and how litigation. Yes, I have been "inscrit sur tute. Sounds about right.
much he loves Law Games, a bunch of le tableau de I' ordre du Barreau" as
people attacking some poor student they say. On November 11 (I'll always, p.s. If you want to talk Barreau or Big
who only exercised his right to free groan, "remember'' that) I had a lovely Law or anything else drop me a line at
expression by calling someone else's ceremony at the Palais de justice where almendelsohn@ hotmail.com. •
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6
January 14, 2003 Quid Novi
nent. We had to draft a motion worth
Merry Civil IT all, and to all a good night 40% of the Civil II exam. This was
also a motion we had never been taught,
by Harvey Auerback, Alumnus I based on a C.C.P. article that I had
never even seen before, but at least it
was a motion. Most motions are ulti
"Paranoid? You'd be paranoid, ife ve to pass, which is better than any school
mately pretty much the same, and the
ryone was plotting against you!" -Jim did last year.
only really different acts of procedure
Hacker Sounds good, but those of you
are the Declaration and the Defence,
who know me should be expecting the
both of which have been abolished in
WARNING: Current Barreau students catch. The Barreau giveth, and the
the recent reform of the C. C.P., yet still
reading this article should be advised Barreau taketh away. How does one
manage to crop up on Bar exams.
that it may cause them to panic about "rectify" the situation of two exams
Anyway, you already know that
their Preuve et Procedure mark. with pass rates of 65% and 79%, and
79% of students passed Civil Il, so we
the very real possibility that 3 out of
A must have done reasonably well on that
lthough I'm writing this arti every 5 students are still undefeated?
drafting exercise. We're obviously
~le in mid-,Dec~mber, I real Simple. Give them a third exam.
pretty good at drafting things we've
tze nobody s gomg to read it I wouldn't be surprised to hear
never learned how to draft. Then again,
till the Quid resumes publication in a that this year's pass rate for Preuve is
the average mark on this exam was
month, so allow me to try and give you even lower than last year, when 399 stu
67.5%, only 3 points higher than Civil
a bit of a time frame here. dents failed. I'll check back in early
I, and still dangerously close to failure.
On Tuesday, December 10, we February to confirm, when the marks
Maybe we lost a lot of points for sloppy
of the Barreau wrote the dreaded are released.
drafting after all. The last thing in the
Preuve et Procedure exam. The follow We all knew that 45% of the
world we need is another 5 points worth
ing day, we received our marks from Preuve exam would consist of drafting
of drafting, based on a procedure even
the Civil II exam that we wrote in Oc an act of procedure, as it always has in
more foreign to us than a motion under
tober. the past. This is why we had 9 days of
seldom-used Article 909 of the C.C.P.
All this happens in mid-Decem drafting classes over the past two
Of course, everybody who is
her, when the whole world writes final months, to teach us how to draft eve
currently writing Bar exams knows all
exams. Considering the stressful com rything from an opinion letter to a mo
this. We all know what we got on Civil
bination of the dreaded Preuve et tion for leave to appeal. We must have
11, we are all aware of how close we
Procedure exam, widely reputed to be drafted a dozen different acts of proce
came to failing this one, and we' re all
the ''killer" even among Bar exams, and dure in class, and we got feedback on
worried about our Preuve marks. All
the Civil II chaser, you· d think that this every last one of them. If this were law
of these things happen automatically
would be a good time to give us a nice, school, we'd be feeling pretty good
every year. So how do I know the
relaxing 4 week break to recover. As it going into the exam, knowing that 45
Barreau is out to get us this year, to
turns out, the Barreau in its infmite points were securely in hand.
make up for the glorious 79% pass rate
backwardness has decided to schedule This year, the 45-point question
on Civil II?
four days of class next week. required us to draft a Defence and
When they mailed us the cor
I know what you're thinking. Counterclaim. At least they told us that
rected copy of our exams, enclosed was
I'm just being paranoid. There's no we were expected to draft a Defence
a small green piece of paper bearing
way the Barreau could deliberately be and Counterclaim, unlike other years
the following ominous message:
this evil. This is probably the only way when the exercise was to simply "draft
they could fit all the courses and ex the appropriate act of procedure". The
ams into the academic year, and get catch was that a Defence and Counter A VIS: Au.x etudiants et etudiantes1
everyone called to the Bar before the claim was the one act of procedure that
Veuillez prendre note que la correction
end of 2003. It's just that once you've they never got around to teaching us
du volet Redaction de l 'examen Civil
actually been to Bar school, you real how to draft. The day after my exam,
ize that there are far too many of these an associate at my firm told me that, li a ete effectuee en tenant compte que
l'e nseignement substantiel des regles
coincidences. After a while, you re knowing the Barreau, I should have
de la procedure civile n 'avait pas en
ally do start to feel like they' re always expected to be asked to do the one thing
core ete dispense au.x etudiants. En
out to get you, no matter what your I wasn't taught. So if I'm paranoid, at
consequence, certains manquements
mark was on the last exam. least I'm not alone.
For example, the Civil II marks If this were the only reason to au.x techniques de redaction n 'ont pas
ete sanctionnes.
were quite strong overall. An aston be worried about losing up to 45 points
ishing 79% of all students passed the on the Preuve drafting exercise, it
exam on their first try. Even 2/3 of would be bad enough. But this wasn't La Direction
Ottawa and UQAM students managed our first exam with a drafting compo-
7
Quid Novi 14 janvier 2003
Even if we were lucky enough Barreau, nothing short of a 79% pass ceptions including particulars? I'll bet
to get most of the 40 drafting points rate surprises me anymore. they never taught that in the drafting
this time, the next time promises to be The Preuve et Procedure draft classes. They certainly didn't teach it
much worse. One wonders how the ing problem is little more than an exer this year. The corrected copy of the
Barreau could grade an exam more cise in arbitrarily docking marks from drafting exercise for that year had the
harshly than they already do, but it poor, unsuspecting students. They usu paragraphs of the motion numbered
wouldn't surprise me if they found a ally don't even tell you what to draft, with Roman numerals, and the particu
way. It wouldn't take much either. The and deduct points if you guess wrong. lars itemized in sub-paragraphs and
average mark on Civil II was just three One year, the instructions were to draft numbered in Arabic numerals. I won
drafting points and one unlucky 5-point the appropriate act of procedure to in der how many poor students guessed
question from failure. stitute proceedings for the resiliation of right.
It's actually quite surprising that a lease. At the time, it was not settled Out of every drafting question,
they give drafting exercises on Bar ex law in Quebec whether this had to be 15 points are specifically allocated for
ams, considering that the regular ques done by motion or by declaration, so style, and the rest for substantive con
tions are clearly designed to have a there was absolutely no guidance at all tent. Style can be anything from prop
unique and objective answer. The in any documentation as to what pro erly including and numbering exhibits
Barreau doesn't want to have to give cedure to draft. Needless to say, half to not including an irrelevant allega
marks for an answer they didn't expect, the people got due credit for their draft tion of fact. Some of these are even
or justify to people why they didn't get ing, and the other half had to get letters relatively specific, but there are 6 points
marks they apparently deserved They from their employer firms to the effect allotted to the catchall category of
certainly don't want to deal with giv that the other format was equally ac "Qualite de 1' expression ecrite: utilisa
ing part marks for an essay-type ques ceptable in light of the uncertainty in tion du langage juridique approprie; la
tion. They'll even cancel a question the law. In addition, the uncertainty concision et la precision des
and give everybody the 5 points if costs valuable exam time, and drafting allegations; 1' absence de confusion ou
there's the slightest ambiguity, though already takes longer than answering de contradiction dans les allegations;
this is a very rare occurrence. The short-answer questions worth a simi des phrases completes; un style non
Barreau particularly does not want a lar number of points. telegraphique." Within this category,
court decision to the effect that the A few years ago, the drafting ex each of the frrst six 'manquements'
exam format is subjective, unfair, ar ercise was a motion for preliminary ex costs a precious point. I lost one point
bitrary, capricious or any other adjec ceptions under the simplified proce here on Civil II and I'll never know
tives along those lines. It is for this dure, including two declinatory excep where, because my original document
last reason that they apparently capitu- tions and several particulars. I won't isn't marked up and these
'manquements' can occur anywhere at
all within the text. Not only can I not
Once you've actually been to Bar school, you realize correct this mistake on future exams,3
that there are far too many of these coincidences. After but they also plan to be less generous
in marking this category on the Preuve
a while, you really do start to feel like they're always
et Procedure exam. It must be painful
out to get you, no matter what your mark was on the to lose 4 points this way and get a 59. I
wonder if they even keep records of
last exam.
where they docked points in these
catchall categories, just in case some
body (or his lawyer) decides to ask.
late in a hurry when you send them a even begin to mention the inherent in For the record, four people got
letter on a lawyer's letterhead demand anity of filing a self-contradictory mo 100% on Civil I, which had no draft
ing that they give you the 5 points that tion,2 because that's how civil proce ing component. Nobody scored higher
you've clearly merited. dure works now. Article 481.7 C.C.P. than 95% on Civil II. I would be very
Grading a drafting exercise, on says that preliminary exceptions are surprised to learn that anybody got all
the other hand, is far from objective. presented in the same motion, so this 40 possible points for drafting.
This is probably why most of our draft was essentially about half a dozen mini When I wrote the Civil II exam,
ing is in fulfilment of the professional motions in one. Just for added fun, it seemed surprisingly easy to me.
skills requirement, which is evaluated Rule 11 of the Rules of Practice says That's not to say that passing it was a
on a pass/fail basis. It's also silly to that paragraphs of a motion for particu sure thing for anybody, but it seemed
have an evaluation format that docks lars must bear the same number as the more straightforward and less tricky
points for the sort of minor informali paragraphs in the original proceeding than past Civil II exams. More of the
ties that a judge will either happily to which they refer. So how exactly subject matter pertained to ordinary
overlook or allow you to amend on the does one number the paragraphs in a rules of contract, rather than more ob
fly. Then again, when it comes to the combined motion for preliminary ex- scure nuances ofhypothecs and the reg-
8
January 14, 2003 Quid Novi
ister of personal and movable real 58%, with a pass rate below 60%. ders collectively in the body of the no
rights. Mercifully, I managed to pass, Oh well, at least 79% of us can tice. Nobody thinks that the girls were
so I won't have to deal with the possi enjoy our holidays, secure in the knowl taught extra drafting techniques.
bility of a make-up exam that might be edge that we've passed Civil II and 2 Okay, I'll mention it down here. Why
harder than the original one. clinging to the hope that we might have do you need particulars if you're ask
When I wrote Preuve, I found passed Preuve et Procedure. Of course, ing the Court to dismiss the action? I
myself reading, and citing in my an 'enjoy' is a relative term. I expect the guess it's not so bad if your declinatory
swers, many articles of the Code that I people who get the most enjoyment out exception is ratione personae, and the
had never read before. The answers of their holidays will be the ones who case will just get transferred to another
were decidedly non-obvious, and didn't absolutely love attending classes on the district where the next judge will adju
seem to reflect the content of the lec Charter and judicial review the week dicate as to the particulars, but moving
tures even to the slight extent that usu before Christmas, and those who love for particulars seems like a submission
ally comes from both of them cover reading 600 pages of legal theory on to the jurisdiction of the court. Also,
ing Quebec law. I didn't spot as many Public and Administrative Law in what if your declinatory exception is
blatant trick questions as I expected, but French. ratione materiae? Will the Federal
that could just mean that they tricked Court rule on the remainder of the mo
me. The token "ethics and professional 1 I know this is neither the time nor the tion? Not likely.
practice" question related to a tariff of place, but I'm really sick of the perva 3 There are two reasons for this. One is
costs rather than actual ethical issues, sive clumsiness in written French that that I don't know where my mistake
so it read like a law question, but it comes from a combination of every was (or even if I actually made one),
apparently involved a nasty double word having a grammatical gender and and the other is that I wrote my Preuve
double-cross that I missed until it was an insistence on political correctness. et Procedure exam the day before my
brought to my attention after the exam. If I had been a girl, I would have as corrected Civil II exam was mailed to
I'd say a typical law student could look sumed that "etudiants" referred to me me. •
forward to getting a couple of extra also, as it has for centuries. Note the
answers wrong, at 5 points apiece. I use of"etudiants" referring to both gen-
predict an average grade around 55-
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9
.
Quid Novi 14 janvier 2003
Law Gameg~0Lus
. . Iv
Participant
Can't Believe
He Didn't
Get Play
R etuming from Law Games Sunday, Law
TI student J eff Cassels expressed dismay
that for the second year in a row, he didn't
get any action.
"I can't believe it" a sunken Cassels
whined, ''I got nothing, no making out on the dance
floor, no co-ed showers, no sex in the hotel room
while people were trying to sleep in the other bed,
nothing."
The annual Law Games is well known as a
weekend of heavy drinking and promiscuous sex.
But as Cassels has learnt all to well over the last
two years, although drinking may be a Law Games
activity in which everyone partakes, getting ass
isn't.
Reflecting on his plight, Cassels identified
key errors that may have lead to his failure to get
laid.
''I think part of my problem was that I hit
on too many girls. Every night at the clubs I was
trying to chat up four or five girls. In retrospect,
focusing on just one or two per night would have
probably produced better results. Focus is the key,
focus makes the girl feel special; it makes her feel
like you really want to be with her, even though
you'd love to jump her friend as well."
"Another mistake that I made was that I
wasted time on girls that were really hot. The hot
ones know that they're hot and get hit on all the
time. You are better off going for girls who don't
normally get as much attention from guys."
"It didn't help that I got fall-over drunk
every night. I remember being pretty trashed and
hitting on this one girl. Things were actually go
ing pretty well and then I said to her in this Barry
White voice 'girl, you so fine, I just want to lay
you down and make sweet love to you' ... I don't
know what I was thinking".
In spite of two years of setbacks, Cassels
remains undeterred
As he looked out into the distance from the
bus window, he said with a steely determination
in his voice, "Next year I'm getting jiggy with
it." .