Quid Novi Vol. 27 No. 011: January 30, 2007

14.6 MB·English

by  McGill University. Faculty of Law

r
McGill University, Faculty of Law
Volume 27, no. 11, January 30, 2007
=
QuiD Nov1
I EDITORIAL
INTHISISSUE. ..
QUID NOVI
par Caroline Briand (Law IV)
3661 Peel Street 3 ... Spending Money (We all
Co-Redactrice en chef
Montreal, Quebec do it, but do we do it well,
H2A 1X1 especially when it comes to
[phone]
the environment??) Parlez-en bien, parlez-en mal, mais parlez-e~, .dit-~n.
www.law.mcgill.ca/quid Ainsi, la petite vi lie de Herouxville, en ~aunc17, ~est
recemment "mise sur la mappe" en se Jetant a p1eds
Editors In Chief 6 ... 10 Things I Think I joints dans le joyeux debat mediatique sur "l'accommod~­
caroline Briand
Think ment raisonnable", ou, pour plus d'exactitude, s~r ~a not1on
Andrea Gorys
que semble en avoir ces jours-ci le ,c~rps journal~stique.
Assistant Editors in Chief En effet Herouxville a averti les med1as, et ce fa1sant, le
cassandra Brown 7. .. Les aventures du Capi reste d~ la population provinciale, qu'ellevenait de se do~e~
Julien Morissette a
taine Corporate America - d'un code de conduite !'intention des immigrants. CeiUI-cl
a
Managing Editors Les angoisses nocturnes du pr.ecise entre autres qu'il est interdit Herouxville de lapi
Karina Kesserwan Capitaine 11 der les femmes ou de les bruler vives en public.
Yuri Smagorinski
Ouf! Quel souta'gement! Pendant une seconde, j'ai bien cru
Layout Eottors que je vivais dans une societe archa·lque, ou les femmes
Alison Adam 9 ... A Reply to "When sont encore considerees comme des citoyennes de seconde
Raffaela Commodari Turkey Shot Freedom" classe, dont les droits fondamentaux et la dignite peuvent
Tara Di Benedetto
etre bafoues en toute impunite.
Maegan Hough a
Naomi Hauptman a ce n'est pas comme si Montreal, en 2007, !'emplacement
11. .. Rien dire
des cliniques d'avortement et d'aide aux victimes d'agres
Associate Editors
sion sexuelles devait encore etre tenu secret. Ce n'est pas
Bruce Carlini
comme si l'on avait encore besoin d'avertir de brillantes
Lauren Chang Maclean ·
12 ... Les aventures du Capi
oana Dolea etudiantes qu'elles ne sont pas tenues de repondre si, en
Thomas Upton taine Corporate America - A entrevue, on leur pose des questions sur leur etat marital
Vrouyr Makalian la Saint-Crepin!
ou leur desir, meme eventuel, d'avoir un jour des enfants.
Palma Paciocco
Ce n'est pas comme si une femme pouvait prendre inno
Colin Schulhauser
a
Leonid Sirota cemment le metro sans etre exposee longueur de
a
journee des publicites sexistes degradantes ( comme
Staff Writers a
celle, tout fait honteuse, d'un jeu video ou l'on voit un
Nick Dodd
Alison Glaser jeune homme arborant unsourire fier mais vicieux, tenant
Alexander Hennan en poche de patate, sur son epaule, une jeune femme
Ryan Kirshenblatt
denudee qui se debat pour se degager).
Olivier P{essls
Le "Code de conduite de Herouxville" est un effort dans la
Staff Cartoonist mauvaise direction, mais qu'on se le dise: un tel effort,
Laurence Bich-<:arriere quand il concerne le droit des femmes a l'egalite et la dig
nit€ est un effort necessaire qui se fait cruellement atten
Cover Artist
Isabefle cadotte dre. •
The Quid Novi is published weekly by the students of the Faculty of Law at McGill University.
Production is made possible through the direct support of students.
All contents copyright 2006 Quid Novi.
Les opinions exprimees sont propres aux auteurs et ne refletent pas necessairement celles de l'equipe du Quid Novi.
The content of this publication does not necessarily reflect the views of the McGill Law Students' Association or of McGill University.
a
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2
30 janvier 2007
Spending Money (We all do it -
but do we do it well, especially
when it comes to the environ
ment??)
by Claire Stockwell (Law 11)
B eing the beginning of would be me), the energy the climate impacts start turbing as they are), why is
the semester and all, I efficiency and renewable manifesting themselves, the government recycling
have paid many a visit energy programmes look a won't we have the technol- old programmes rather than
to the McGill bookstore. lot like the Liberal ones that ogy to fix it? Societal, envi- taking new and concrete
Prominently on display is were axed soon after the ronmental and economic steps to actually deal with
Bjorn Lomborg's latest book Conservatives took power. considerations would all the issue?
- How to Spend $50 Billion The slight modifications are yield a resounding NO! But
to Make the World a Better things like removing the let's stick to the numbers. But what could these steps
Place. You may remember subsidy to get a home en- Sir Nicholas Stern, former be? I may not have the an-
Bjorn for his classic - The ergy audit in the first place World Bank Chief Economist swers, but I do know that
Skeptical Environmentalist - and will shift the focus to and Head of the UK Govern- someone with a much bet-
which anyone who has only reimbursing homeown- ment Economic Service, is- ter idea of what we could
taken Legal Meth could ers for energy efficient sued his 'stern warning' (ha, be doing is coming to the
have better researched. But measures actually imple- ha environmentalists are so Faculty this Thursday (what
the point of this article is mented. Superficially, the creative!!) last November. a coincidence!).
not lambaste Lomborg - the shift seems to be meant to His analysis concluded that
environmental community support only concrete ac- the costs to limit the worst In September 2006, the
has already been there and tion, yet it means that effects of climate change Commissioner of the Envi-
done that; it is to explore homeowners will have to can be limited to around ronment and Sustainable
the idea of how we spend cover the $200-$300 up- 1° /o of global GDP per year, Development, Johanne Geli-
money and whether we front costs of the audit. Like but that the cost of inaction nas, tabled a report in the
spend it wisely. the brilliant tax credit we will be at least 5°/o and as House of Commons outlin-
are all now taking advan- high as 20°/o. ing how the federal govern-
The Conservative govern- tage of for using public ment had done too little and
ment is currently burning transport, this type of initia- This week the Intergovern- acted too slowly on
through the dough, having tive only gives incentives to mental Panel on Climate Canada's commitments to
announced over $2 billion in the converted at a time Change, the leading scien- address the challenge of cli-
funding (over the next 14 when we need to convert. tific body on the issue, will mate change. She also
years) for renewable en- As for the technology initia- release the first instalment made a number of recom-
ergy, technology develop- tive, I stopped listening of its latest review of cli- mendations on how the
ment, and household after the clean coal part. mate science. Reports money could be spent in the
energy efficiency pro- Throwing money at the leaked to the press indicate future and on what activi-
grammes. A big enough dol- issue is not normally the that the scientific commu- ties. The Commissioner will
lar amount for those that most efficient way to nity will agree that it is 'very be speaking this Thursday,
normally slam the govern- achieve results. Throwing likely' that climate change is February 1st in the Moot
ment for their environmen- money at the issue when caused by human activity. Court at 11:30 am.
tal record to take pause. you are a conservative is This is up from their 'likely' Climate change is a problem
Unfortunately, however, dur- hardly going to win the position of 2001 and repre- that we can and must fix.
ing this moment of reflec- green vote. And throwing sents a shift in their confi- Plus having someone with a
tion, one will realize that the money at an issue whose dence range from 66-90°/o few more answers (or rec-
only concept the govern- coffers you bled dry a year to 90-99°/o. If only my GPA ommendations at least) will
ment has grasped is that of ago is just not tactful. could follow the same be a nice change of pace
trend .... from the law ... •
recycling.
But should we be spending With the debate on the sci-
For anyone following the money at all? 20 to 50 years ence over and the numbers
issue (Ooo, Ooo - that from now when the brunt of on the economics in (as dis-
3
Qu1o Nov1
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30, 2007
JANUARY
Internatiotial Association
Criminal Defence
Internationale des
Attorne}TS Association Avocats de la Defense
Montreal, 23 January making statements on Fed- defence. Defence Attorneys Associa-
2007 eral News Radio concerning tion (ICDM) strongly sup-
lawyers doing pro bono Following this controversy, a ports the pro bono work
work for detainees of the Pentagon spokesman, Lt. done by defence lawyers
U.S. military prison at Guan- Col. Brian Maka, disavowed and recognizes the funda-
The International Crimi- tanamo Bay, Cuba. the comments made by mental value of their contri-
nal Defence Attorneys During a radio interview, Stimson and specified that bution to the legal system in
Association (ICDM) Stimson declared that it was they did not represent the a free and democratic soci-
issued the following state- shocking that lawyers at Bush administration's posi- ety. The rich history of the
ment today regarding re- many top U.S. law firms tion. On Wednesday, 17 pro bono work done by
cent public statements represent Guantanamo de- January 2007, Stimson re- American attorneys should
made by Charles (Cully) tainees. Stimson said that tracted his comments stat- not be vitiated by Charles
Stimson, Deputy Assistant companies might want to ing that his words had been Stimson's comments. They
Secretary of Defence for consider taking their busi- misunderstood. He also should be encouraged to
Detainee Affairs, United ness to firms that do not apologized to the concerned continue to freely and inde-
States Defence Department. represent suspected terror- attorneys and law firms and pendently exercise their
"The International Criminal ists, listing the names of said that he never meant to profession in order to guar-
Defence Attorneys Associa- more than a dozen major cast doubt on their integrity antee everyone's access to
tion (ICDM) strongly con- firms he believes should be since he himself strongly a full defence and a fair
demns all statements by boycotted. He even sug- believes in the sacred prin- trial."
government officials that gested that some lawyers cipal of due process.
favour limiting the right of were not being truthful For more information :
any person accused of a about their remuneration, Despite this retraction, it
crime, or in detention for some of which could al- does not appear that Mr. Ms. Josee Robert
any reason, to receive the legedly come from terrorist Stimson understood the ob-
lawful assistance of counsel. organizations. jection to his comments. In Assistant Director
We particularly reject public withdrawing his comments,
statements by one official of Human Rights organizations he stated he did not doubt [phone]
the United States Govern- and lawyers in the United the integrity of the lawyers
ment that could intimidate States and all over the and law firms whose busi- [email protected]
lawyers who are represent- world strongly responded to nesses he had attacked.
ing persons detained at the these statements. Stimson This is an important admis- http://www.aiad-
U.S. military prison at Guan- was strongly criticized for sion. However, the most se- icdaa.org
tanamo Bay, Cuba. attacking the motivation rious objection is that he
•
and integrity of lawyers who attacked not the lawyers,
defend, on a voluntary but the right of the persons
On Thursday, 11 January
2007, Charles (Cully) Stim- basis, Guantanamo de- detained at Guantanamo
tainees. There is a general Bay to be represented. This
son, Deputy Assistant Sec-
concern that Stimson's is the right that the ICDM
retary of Defence for
statements could unfairly and all those interested in
Detainee Affairs, United
States Defence Department, limit the fundamental right human rights around the
found himself at the core of to due process and access world must defend.
a major controversy after for all to a full and complete The International Criminal
5
-
QUID Nov1
to Things I Think Think
I
by Chima Ubani (Law Ill)
week's edition had more ad behind his small hatchback
As expected, I took a following to say: "Well. .. I
vertisements than articles. in order to make sure that
week off. Actually I dunno! rm not a beer
That's no good. I think this he could safely exit his spot
took two weeks off drinker, I drink red wine,
especially because I am later in the day. I wanted to
since my first article was beer makes you bloated!"
meant to be published be (followed by cute giggles). slaving over my computer park behind him, but didn't
working hard to provide the want the back of my car
fore the prediction it con The whole incident was very
engaging talking points that blocking a driveway, so I
tained became impossible. surreal to me.
you are currently reading. needed him to move up a
But rm back now. Enough
small talk, let's get down to 2. I think that Coffeehouse Shame on all of you. bit. Spots are at a premium
downtown; it seems to me
business: is back! And I DON'T think it
was a coincidence that the 5. I think I agree with my that as a matter of common
1. I think that I witnessed first truly sponsored one good friend Court's assess courtesy one should park as
one of the most shocking was one of the best at ment that Borsao is the close as possible to the car
moments I've ever seen on tended and most fun of the most drinkable and delicious in front of them in order to
TV a few weeks ago. It was year. On that note, I think wine available in this city in allow the maximum number
on the NB C trivia show "1 that Andrew Mason de its price range ($11.65). I've of cars to have spots. Now,
vs. 100". The question was: serves kudos. I'll do my part sampled a whole lot of normally it is difficult to tell
"how many six packs do you by getting him a drink at them, and a bottle of Bor which car is the offender
need to have 99 bottles of every sponsored Coffee sao impresses every time. because it's impossible to
beer on the wall?" The op house. This vintage is mature and know who got there first,
tions were: a) more than 15 confident enough to cast but this time I caught the
b) exactly 15 c) less than 3. I think that all of the love aside the too often used culprit red handed! Luckily
15. What ensued was wild Peyton Manning is getting crutch of employing oak as he was still sitting in his car
stuff. The contestant has turned me off of the thin veneer in order to mask waiting for 9h30 so I was
thought out loud: "Well, I Colts and forced me to back a lack of real quality and able to engage him. After
know that 10 is 60, and 20 the Bears in the Superbowl. substance. The deep red much discussion he reluc
is 120, but. .. 99?? 15?? rm It's a nice story and he defi calor shows strong tannins tantly agreed to move for
not a beer drinker! I don't nitely earned this shot. He's that reveal a full and robust ward; he did so with a
know!!" Contestants are a legendary QB, no doubt. palate with hints of peppery degree of caution indicative
then allowed to ask a mem But still, enough is enough. spice and ripe field berries. of a man having no appreci
ber of the "mob" for assis I think the Bears are going In his words: "The finish is ation of the size of his car
tance (sort of like a lifeline). to come out with a real un like a lover's embrace that or perception of his sur
So, she continued derdog "what about us?" conjures up memories of roundings. I see stuff like
"hmm ... well ... I need to look mentality. Peyton's great lost youth." This last quality this all the time and it really
for someone who is a beer comeback may have camou grows stronger with each irks me. Any of you who
drinker. .. " She finally settled flaged the Colts' defense's emptied bottle, so you have tried to park around
on someone (who appar reversion to its poor mid should have at least two. school on any morning
ently looked like he had season form. At the same
should understand where
consumed some beers in his time, the Bears defense 6. I think that the Traste I'm coming from.
lifetime. He had the follow seems to have rediscovered vere Pizza (mozzarella,
ing to say: "Well, 11 is 66, some of its brilliant midsea mushrooms, prosciutto and 8. I think that Friday Night
and 5 is 30, so that's only son form. King Rex is going blue cheese) at Pizzeria Lights is a great show. Per
93 and we're already at 16. to step up and make some Napoletana is becoming one haps even the best show on
So it's got to be more than big plays. It would be pretty of my favourite dishes. So TV right now. How can a
16 at least.'' Wow. After funny if Peyton choked and delicious! Bring your own show about high school
some more deliberation she had a horrible game, then wine and enjoy it. football be the best show on
took a leap of faith and we would have a whole new
TV? Watch it and see for
chose the right answer. Af reason to question him. 7. I think that one of my yourself. It's perhaps not as
terwards, the host asks a Anyways, it should be a biggest pet peeves is people compelling as 24, but it is
member of the mob that great game. who can't drive/park. Just high quality drama even
got the question wrong (in
this morning I had an inci without explosions, terror
this case about 17 out of 4. I think that more people dent with a guy who appar ists, torture, PDAs, duffle
70!) what they were think should write articles for the ently felt that he needed bags and a sweet ticking
ing. A Maxim model had the Quid. It seemed like last two meters in front of and clock. It even gives me
6
30 Janvier 2007
goose bumps sometimes. and Mark Cuban is probably Evans etc. is among the mind. In my last column I
And that's a good thing. going to get the NBA title upper echelon of teams in was talking about 10 degree
that he so deserves. the loaded Western Confer temperatures; by the time it
9. I think that these are my b) The Lebron James hype ence. was actually published it
random NBA thoughts at sure has died down. He's d) On that note, the small was about -33 degrees.
the midway point in the still having a great season power shift that seemed to Then a few days later it
season: (27ppg, 7rpg, 6apg), but it's have been occurring a few went back up to zero, and
a) The Suns (34-8) and the definitely his quietest. years ago which held the today as I write it is around
Mavs (35-8, after a 0-4 c) My Lakers are a quality potential to create a balance -20 degrees. So what's the
start) are totally out of con team and Kobe Bryant is of power between the West deal? If it is really true that
trol. Both teams have had strong MVP candidate. All and East has clearly been he invented the weather
multiple double digit win those who say that he does halted. The balance has and can control it (which,
ning streaks and as I write n't make his teammates swung so far back to the from what I understand,
this the Suns are riding a 15 better need to consider the Western Conference that it was the point of "An Incon
gamer. However, if history fact that a team giving sub is embarrassing. venient Truth''), why doesn't
has taught us anything it is stantial minutes to Luke he dial up some warmer
that the Sun will set some Walton, Brian Cook, Jordan 10. I think that AI Gore temperatures for us here in
time in early June. I think Farmar, Andrew Bynum, needs to get his act to Montreal? •
the Mavs are for real though Smush Parker, Maurice gether and make up his
Les aventures du Capitaine Corporate
America-
Les angoisses nocturnes du Capitaine 11
par Laurence Bich-Carriere (Law Ill)
7
Quxo Novx =
DON'T MISS IT!
Come visit us on January 30, 2007 for a tour of our office followed by
a presentation and an entertaining cocktail with several of our lawyers.
Please sign up at the Career Placement Office with Ali Martin-Mayer.
Limited places.
WHERE: 1155 Rene-Levesque Blvd. West, 40th Floor
DATE: January 30, 2007
TIME : 3:30 p.m.
Michele Denis, Director of Student Programs
[phone]- [email protected]
WMV.stikeman .eo m
STIKEMAN ELLIOTT
STIKEMAN ELLIOTI LLP
8
January 30, 2007
A Reply to "When Turkey Shot
Freedom"
by Andrew Mason (Law Ill)
Stephen Harper recently is courage the Armenian Dias certain forms of speech -
\\Turkish-Armenian rela sued a special message to pora to be reconciled with but the alternative to the
tions should be taken the Armenian community on the past and for Turkish Ar current nexus of interests
out of a 1915 meters the anniversary of the geno menians to integrate within that prop up Turkey's secu
deep well." cide. Past world-leaders society. This position did not lar government appears
were also aware of the endear Dink to Armenian much worse: the establish
- Hrant Dink atrocities and of their nationalists at home and ment of an Islamic Republic
(http:/j www.armenews.com legacy; Nuremburg Docu abroad. It is a shame that, that could potentially be far
/article.php3?id_arti ment L3/USA-28 contains a now that Dink can no longer more oppressive (particu
cle=27696) glib statement made by clarify his position, his mes larly to religious minorities
Hitler to his subordinates sage and his death are like the Armenian commu
Vrouyr Makalian opted for a before the invasion of being used in the course of nity) and the potential loss
punchy headline but sunk Poland, "Who, after all, the ongoing vendetta be of a long-time NATO ally for
his argument. His article ig speaks today of the annihi tween Armenian and Turkish the West. All this is not to
nores the complexities in lation of the Armenians?" (It nationalists. say that we should turn a
herent in murdered should be noted that this blind eye to abuses of
journalist Hrant Dink•s document was never en Now, on to Malakian•s con power but rather that one
world-view and blames a tered into evidence and its demnation of Turkish soci must approach Turkish soci
provenance is controversial: ety. There are several ety and government with an
whole country and a culture
see the transcript of the trial fissures in Turkish society eye to Turkish history and
for the crime of an individ
on the Nizkor Project web (as there are in all soci political and religious under
ual (one might be forgiven
site, eties): those between ethnic currents. One should cer
for thinking that the •wong
http:// www.nizkor.org/hweb groups (Armenian, Turk, tainly not use Turkey's
Affair• post-Dawson would
/imtjtgmwc/tgmwc- Kurd and others), political unique domestic situation as
have warned the author
14/tgmwc-14-132-0 1.shtml, friction between left and an excuse to blame a soci
against laying blame on a
for the comments of Prose right, and finally the titanic ety for the actions of an as
people rather than an indi
cutor Dodds on the sub struggle between secular sassin. More importantly, it
vidual). To put the headline
ject). Hitler's ramblings nationalists and Islamic fun seems very unlikely that
in perspective, how would
aside, the international damentalists. Since the days Dink would wish us to do
one have reacted to a possi
community agrees that the of Attaturk, the army has so .•
ble 9/12 headline: "When
evidence suggests there acted as the defender of
Muslims flew planes into
had been genocide. Dink secular society, going so far
freedom"? A handful of indi
was not afraid to advance as to interfere in the com
viduals acted, the interna
this position. position of governments,
tional Muslim community
such as requesting (and ob
most assuredly did not. At
Dink was also adamant that taining) the resignation of
tempting to demonize a
the issue was not black or politicians deemed a threat
community for the actions
white and he disagreed ve to secularism. In the wake
of the few must always
hemently with France•s new of the Iraq invasion, many
draw appropriate censure.
law that illegalizes all refu observers (especially those
tation of the Armenian from the Middle East), in
First, to Dink and his actual
genocide. His highly publi cluding a Prof at this faculty,
view of Armenian-Turkish
cized sentencing at trial in were initially favourable to
relations. He consistently
Turkey was, he claimed, the American action but now
employed the term geno
result of a misunderstanding feel that the ensuing chaos
cide when referring to the
about how he was employ and anarchy reinforces the
terrible events of 1915. To
ing the folk-phrase "replace adage •the devil you know•.
clear the elephant from the
the poisoned blood associ The current situation in
room let us talk briefly of
' . ated with the Turk, with Turkey may be comparable.
this genocide. Dink•s posi-
fresh blood associated with There are limits on freedom
tion is endorsed by govern
Armenia": his ultimate goal and democratic action,
ments the world over -
had actually been to en- there may be censorship of
9
Quid Novi
McGill International Journal of Sustainable Development Law and Policy
& Environmental Law McGill
present
Climate Change- Too little, too late
"'lr
An assessment of Canada's response
¥ //
'///~
ij/~"-·---·
'b!
A Lecture by Johanne Gelinas
Commissioner of the Environment and
Sustainable Development
Thursday, Feb. 1st at 11:30am
Moot Court, New Chancellor Day Hall
3644 Peel St. - Faculty of Law
10