Table Of ContentJournal des etudiant-e-s
en droit de l'universite McGi/1
QUID
McGi/1 Law's Weekly Student Newspaper
Volume 34, n•9
NO VI
15 janvler 2013 I January lS'" 2013
Q.UIDNOVI
WHAT-'S INSIDE?
3661 Peel Street
Montreal, Quebec H2A lXl QUEL EST LE CONTENU?
http://quid.mcgill.ca/
EDITO
ONE L 4
DAVID MILGAARD: A STORY OF WRONGFUL CONVICTION &
EDITORS IN CHIEF SECURITY SERVICES SELF-DEFENCE COURSE FOR WOMEN 7
Jeu!my Boulanger-Bonnelly
Aaron Fergie CRIMINAL LAW SPEED MEET: RSVP BY JANUARY 18 I
THE DICTATOR HUNTER: BROWN BAG LUNCH WITH SOULEYMANE
LAYOUT EDITORS
Katherine Abarca GUENGUENG NEXT WEDNESDAY I
Xiaocai Fu
PUBLIC INTEREST CAREERS: FOOD FOR THOUGHT FOR THE NON-
Kai Shan He
Gabrlel Rochette CORPORATELY INCLINED 10
ASSOCIATE REVIEWERS FACULTY COUNCIL REPORT 13
Katherine Abarca 14
Eliza Cohen ACTUS REUS
Kai Shan He 15
BABY IT'S COLD OUTSIDE!
Charlotte-Anne Malischewski
1&
Audrey Mayrand LIBRARY NEWS
Lana McCrea 1&
Angele P~rillat-Amedee SUDOKU
DanSnyder 11
CROSSWORD
Anne-Sophie Villeneuve
19
susanne Wladysiuk OVERHEARDS
STAFF WRITERS
Ludovlc Bourdages
David Groves
Michael Shortt
Warwick Walton
Derek Zeisman
WANT TO TALK?
TU VEUX T'EXPRIMER?
Envoyez vos commentaires ou articles avant basera sa decision sur la politique de
jeudi 17h a l'adresse: [email protected] red action.
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pour rarticle. !:article ne sera publiee qu'a la ".docx.'l
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Tl>e Quad NOV' IS p~b!:· hed weekly by tl>l' UiJd~nts of the F.Jou ty cf l.lw ilt McGJ!I Uruverslty Product•on s r dt-poss1ble through the direct support of students. AI contentsCXlP'fl'cht 2013 Quid NcM.
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:>t-~~ents' Association or ?f McGm U'liverslty.
AARON
FERGIE
Law 11
ONEL
The Gateway of the Legal Profession in school.1 In the 20th century, a new cause most law students feel comfort
field of study arose from those previous able to talk in front of peers. Rather, the
Being a 2L is not being a ll. lt is as sim researches: the sociology of professions. dense common law doctrine to which
1Ls are confronted causes their disorien
ple as that. On the other side of the
fence, students realise they just crossed From its early start, the sociology of pro tation and anxiety. The absence of con
one. One that was invisible to them be fession shed its light mostly on the med text, moreover, makes the experience
fore. At least, this inspiring thought en ical, legal and military career. In "Trained more or less frightening and may inflict
lightened Us in April. Indeed, first year To Kill", Dave Grossman put forward the psychological depredations.4 This initi
really is a "thing" apart from the rest. methodology used by in the army to re ating ritual is drafted to signal to stu
socialize soldiers. Brutalization already dents that they crossed a boundary.
Just a quick Googling shows how much gets underway in boot camps. Everyone Stress breaks down the values that they
there is to say on this very particular loses his or her individuality through had before law school and, after suc
moment in one's life and, more specifi head shaving, alike uniform and endless ceeding this painful experience, creates
cally, about the intensity of the epopee. hours of running in line. The objective is a sense of achievement.5
The epic movie The Paper Chase, the fa to change existing mores to set violence
mous One L: The Turbulent True Story of as acceptable in certain circumstances.2 All this shows one particular view of
a First Year at Harvard Law School writ legal education. The Langdellian
ten by Scott Turow and the popular Is the first year of law school, in a differ method, as it is called, is based on the
website #wheninlawschool depict the ent form, used as a mechanism of bru assumption that "learning to think like a
incredible journey in this total institu talization designed to break down law lawyer involves the painful reorientation
tion. And numerous "Law School 101" students? Are the new language learned that Socrates regarded as the essence of
guidebooks, which suggest tips for suc in frosh, composed of DHL (Dean's Hon education".6 The ignorant students face
ceeding the challenge, further the mys our List), OCI (On Campus Interview) an increasingly challenging illumination.
tery of this gateway of the legal and SNAILS (Students Not Actually In First, it hurts, but they eventually get
profession. Law School), the competitive debate used to it. And the cruel or kind charac
intra-gunners over a reading of Denning ter of the professors has no impact on it.
Somehow, a look at the sociology of or Fuller in the first weeks and the
professions gives an interesting perspec exams worth 75% of a yearlong of study
tive to what a 1L lives when entering carefully drafted to melt us in a single In the end, the sociology of professions
law school. shape? The answer to those interroga uncovers how the Socratic or Langdel
tions seems, at first glance, to lie in the lian method aim to produce this trans
The Sociology of Professions and Bru teaching strategy used in law school. formation. One of the many effects of
talization
this approach is the devaluing of rela
Two Approaches To legal Education tionships. Law school isolate numerous
Socialization is the process through
students in a very particular way. In
which individuals learn the norms and If first-year law classes dropped what deed, they often find themselves out of
the values of a group. This specific type has been know as the classical Socratic time to see friends, family, life partners
of learning occurs most significantly at a Method, this pedagogical instrument and even 1L colleagues. Also, it makes
young age in the family circle. But, fa continues to play a crucial role in the people less important than legal princi
mous sociologist also showed why some curriculum.3 In fact, its presence is now ples or outcome7 .
institutions could have similar impacts felt through the questions of professors
on their member. Among them, Max to their students about the logic of a However, this approach of pedagogy in
Weber and Emile Durkheim exemplified case. But, the approach itself is not law school is not the only one. The
the concept respectively in church and what makes law school stressing, be- learner-centered education is another
4 • 15 JANVIER 2013 • QN
CONTINUED FROM PREVIOUS PAGE
and could replace the Socratic method peer interaction and invert the typical
and its aim of brutalisation. If learning is logic of law school environment which 3.William M. Sullivan, An ne Col by &Ju
a developmental process, educational isolates students and prevents them dith Welch Wegner, Educating Lawyers:
programs should encourage the growth from healthy relationships with each Preparation for the Profession of Law
of students' capacities. A carefully de other.B lls should collaborate in order (San Francisco: Jossey-Bass, 2007); Eliza
signed plan could foster the gradual ac to prepare actively to the responsibili beth Mertz, The Language of Law
quisition of the skills and norms of the ties of counselling.14 School: Learning to "Think Like a
legal profession. Some think this ap Lawyer" (New York: Oxford Univ. Press,
proach goes too easy on students, but The Little Prince 2007).
this is to confuse a demanding program
with an unpleasant one. In fact, the In a nutshell, the sociological lenses 4.John Jay Osborn, Jr., The Paper Chase,
highest level of retention of information show how the Socratic Method used in (Aibany: Whitston Publishing Co., 2003).
happens with engagement and interest. 1L raises up the level of stress in law
Thus, it seems that the stressing effect school. One perspective of legal educa 5.Edward Rubin, "Curricular Stress"
of the Langdellian method, which tries tion puts forward the painful character (2010-2011) 60 J Legal Educ 110 at 114.
to set new values to law students of the process, but also the necessity 6.1bid at 116.
through a stressing period called ll, and benefits of the approach. Another
could be replaced with a more modern would favour an acquisition of knowl 7.Daisy Hurst Floyd, "We Can Do More"
and precise approach. Thus, there are edge in a more gradual way. Anyhow, (2010-2011) 60 J Legal Educ 129 at 131.
different paths that law school could students have their will in their own
take to teach. But, there are also differ hands, since they partly contribute to 8.Rubin, supra note 5 at 118.
ent things students can do to change the high level of stress in law school. lt
the experience.8 is the emphasis of 1L on extrinsic moti 9.Duncan Kennedy, "Legal Education
vation that raises peer competition. and the Reproduction of Hierarchy"
What lls Can Do About lt (1982) 32 J Legal Educ 591.
The Little Prince sums up the underlying
Duncan Kennedy's iconic "Legal Educa message of this article. In the French 10.Fioyd, supra note 7 at 132.
tion and the Reproduction of Hierarchy" novella written by Antoine de Saint-Ex
describes how the process law students upery, a young prince meets a fox that 11.Kennon M. Sheldon & Lawrence S.
go through makes them fit in the sys tells him: "On ne voit bien qu'avec le Krieger, "Does Legal Education Have Un
tem9 . For sure, law school is a highly cceur. L'essentiel est invisible pour les dermining Effects on Law Students?
competitive environment. But the pro yeux". And later on: "Tu deviens respon Evaluating Changes in Motivation, Val
fessor teaching style doesn't change sable pour toujours de ce que tu asap ues, and Well-Being" (2004) 22 Behav
this, because it is the peer competition privoise." The first excerpt reveals the Sci & L 261 at 281
that mostly causes stress. Because of negative effect on the long run of an ar
their very narrow understanding of suc tificial conception of success and the 12.William J. Rich, "Balance in Legal Ed
cess, students only see high grades and second the need to focus on internal ucation: Pervasive Principles" (2010-
prestigious prices as acceptable.10 How motivation and responsibility. Some 2011) 60 J Legal Educ 122 at 123-124;
ever, even if those extrinsic motivations how, French literature can shed a pow Ben Gibson, "How Law Students Can
lead to short term achievement, dissat erful light on the law, but that is Cope: A Student's View" (2010-2011} 60
isfaction will surface in the long run.U another fight. J Legal Educ 140 at 144-145.
Thus, lLs should focus on intrinsic moti *** 13.Lawrence S. Krieger, "Human Nature
vation. Students' desires to become en 1. Bernard Lahire, "Socialisation", Ency As a New Guiding Philosophy for Legal
gaged in their academic studies, in the clopcedia Universalis, 2008. Education and the Profession" (2008) 47
faculty life and in the community should Wash burn L J 247 at 259-60.
be rooted in personal satisfaction and 2.Dave Grossman, "Trained To Kill"
wellbeingY They should be motivated (2001) 2.2 Professorenforum-Journal 3 14.Fioyd, supra note 7 at 133-134.
by the positive feelings generated from at 5.
QN • JANUARY 15 2013 • 5
INNOCENCE DAVID MILGAARD:
MCGILL
A STORY OF WRONGFUL CONVICTION
This year's Innocence McGill Conference on Tuesday, February and caused the government to refer the case to the Supreme
12 will feature David Milgaard, who spent nearly 23 years in Court. A unanimous Supreme Court, not convinced of Mil
prison for a crime he did not commit, and Peter Edwards, an gaard's complete innocence, nonetheless found that "[t]he
investigative journalist from the Toronto Star. For all those in continued conviction of Milgaard would amount to a miscar
terested in justice in Canada, this is an event not to be riage of justice if an opportunity was not provided for a jury to
missed. consider the fresh evidence." They advised the Minister of
Justice to quash the conviction and send Milgaard back to trial
David Milgaard was traveling through Saskatoon with friends if she wished.
Ron Wilson and Nicole John on January 31, 1969. That same
day, 20 year-old nursing student Gail Miller was found dead By this time, the police were strongly suspicious of Larry
on a snowbank. Following a tip from one of Milgaard's friends, Fisher, so Milgaard was released and charges against him
Albert Cad rain, police arrested Milgaard on May 30, 1969 and were stayed, though he was not immediately or formally ac
charged him with murder. quitted. That moment came 5 years later, when DNA testing in
Britain confirmed that Larry Fisher- not Milgaard-was the
While friends Wilson and John initially told police that Mil killer. The Saskatchewan government promptly apologized to
gaard had not left their sight on January 31 for more than one him. Two years later, Milgaard received a $10 million compen
or two minutes, they changed their stories and implicated sation package from the Federal government. Finally, in 2005
him in the murder. The Crown also introduced evidence that (following Fisher's murder conviction), Justice Edward Mac
suggested that Milgaard had re-enacted the murder during a Callum began a public inquiry into David Milgaard's wrongful
hotel room party. conviction.
Exactly one year after Miller's death, a jury found Milgaard The Commission of Inquiry into the Wrongful Conviction of
guilty of murder and a judge sentenced him to life imprison David Milgaard heard testimony for almost 2 years and re
ment. The Saskatchewan Court of Appeal rejected his appeal leased an 815-page report in 2008. The report exhaustively
a year later and leave to appeal to the Supreme Court of details the entire history of the Milgaard affair from the inves
Canada was refused in late 1971. For all intents and purposes, tigation through his trial and appeals to the ultimately suc
Milgaard was the killer and he had gotten the punishment he cessful s. 690 application.
deserved.
Justice MacCallum found no evidence of Saskatoon police
But Milgaard refused to accept his fate. He never admitted misconduct throughout the investigation. However, he faulted
guilt, though he later claimed that so many years in prison Art Roberts (an Inspector with the Calgary Police Force) for
caused him to question his own innocence. He was repeatedly discrediting Wilson and John's initial, exculpatory statements
denied parole, in part because he would not admit guilt. In without submitting their amended, inculpatory statements to
1988, Milgaard's lawyers initiated proceedings under Criminal the same rigorous verification by lie detector. The inculpatory
Codes. 690 to have their client's case reopened.
evidence they furnished was determined to be false. Justice
MacCallum also faulted the trial judge for improperly putting
In the meantime, a man named Larry Fisher had been in and
Milgaard's traveling companion Nicole's inconsistent state
out of prison for a series of violent sexual assaults in the same
ments before the jury and significantly discrediting her
neighbourhood over the same time period. In 1980, Fisher's
through active questioning. He also noted that the police
ex-wife informed police that she believed Fisher had killed
force's failure to take Linda Fisher's suspicions seriously in
Gail Miller. However, the Saskatoon police force did not pur
1980 was a serious error that contributed to Milgaard's
sue this tip any further.
lengthy and wrongful detention.
In 1991, a second request under s. 690 was more successful
The report made 13 recommendations intended to reduce
6 • 15 JANVIER 2013 • QN
--------'-'--'-==~--~···.;.·-------------------------------
CONTINUED FROM PREVIOUS PAGE
the likelihood of wrongful convictions in the future. Justice tion Review Group.
MacCallum recommended that every statement taken from a
young person be both audio and video recorded. He also sug The Federal/Provincial/Territorial Heads of Prosecutions Sub
gested that every complaint to the police questioning the va committee on the Prevention of Wrongful Convictions re
lidity of a conviction be referred to the Director of Public leased a report in June 2011 documenting the concrete steps
Prosecutions. He advised that all evidence in homicide cases taken in the wake of multiple commissions of inquiry, includ
be retained for a minimum of 10 years and not destroyed ing Milgaard's. Much progress has been made, but many of
without the knowledge of the convicted person. Most impor the recommendations have not been fully implemented. The
tantly, the report recommended that the investigation of stories of men like Milgaard, Donald Marshal! and Guy Paul
claims of wrongful conviction be done by a review agency in Morin are a constant reminder of the need to do everything
dependent of government. This would ensure a fair and im possible to prevent wrongful convictions in the future.
partial process free of political concerns.
To learn more about David Milgaard's story, come to the 2013
Thankfully, headline-grabbing cases of wrongful conviction re Innocence McGill Conference! Mr. Milgaard will be speaking
main comparatively rare in Canada. But there are systemic is about his experience with wrongful conviction. Peter Edwards,
sues to which we all must be attuned. The second edition of a longtime Toronto Star crime reporter who extensively cov
Bruce and Dawn Anderson's book, Manufacturing Guilt: ered the Milgaard story and eo-wrote Joyce Milgaard's mem
Wrongful Convictions in Canada (Fernwood Publishing, Black oir with her, will also be speaking about the case.
Point N.S., 2009), suggests that as many as 1% of all convic
tions in any given year can be considered wrongful, either be WHO: David Milgaard and Peter Edwards
cause the convicted person is completely innocent or because WHAT: Innocence McGill Conference on Wrongful Convictions
he or she has been convicted of a more serious crime than WHEN: Tuesday, February 12 from 6-9 pm (Talks and Q & A 6-
they ought to be. That would mean that 872 of the 87, 214 7:30 followed by a reception)
criminal convictions in 2010 were potentially wrongful. How WHERE: Moot Court, New Chancellor Day Hall
ever, for the period from Aprill, 2010 to March 31, 2011, only WHY: To learn more about wrongful convictions in Canada
9 applications were submitted to the Federal Criminal Convic- HOW: RSVP to [email protected] by February 1st
Administrative Officer I Building Director
SECURITY SERVICES SELF-DEFENCE
COURSE FOR WOMEN
Sign up now for R.A.D. (Rape Aggression Defense), a self-defence course for women taught by McGill Se
curity Services. This one-and-a-half day training course is offered to all female students, faculty and staff
at a cost of only $20. There will be two courses taught downtown this semester, so sign up now to secure
your place. The course will take place on Jan. 25-26 and Feb.l-2. Once you have signed up you will re
ceive more information on course time and location.
For more information or to register visit: http:// bit.ly/VUSzpj.
QN • JANUARY 15 2013 • 7
• ...:.&\1111 _~-
..............................................
~~~--~~~=======-
CRIMINAL LAW SPEED MEET: RSVP BY JANUARY 18
Want to speak with lawyers, judges, and other professionals working in the crimi
nal law field? Come to the Criminal Law Speed meet!
Les etudiant-e-s interesse-e-s par le droit criminel auront !'occasion de poser des
a
questions des avocats, des juges et d'autres professionnels en droit criminel, le
tout dans une atmosphere conviviale.
a a
Notre soiree se tiendra le 22 janvier de 18 20h, I'Atrium, Faculte de droit.
Dans l'esprit de McGill, l'evenement sera bilingue.
Space is limited, RSVP required: e-mail [email protected] by January 18.
JPJ, hrwg
MLCAGWII L ' \1. RDERvOuITE DDEE gamdp
JOURNAL \1. MCGILL
~19S2-l012~
THE DICTATOR HUNTER: BROWN BAG LUNCH WITH
SOULEYMANE GUENGUENG NEXT WEDNESDAY
Come meet Souleymane Guengueng, Dictator Hunter, main voice against the regime of former Chadian
President Hissene Habre and founder of the Chadian Association of Victims of Political Repression and
Crime.
Venez nombreux pour discuter des sujets de l'impunite et de la justice internationale.
"Comment combattre l'impunite tout en sauvant la justice internationale face aux justices domestiques?
Cas de I'Afrique : « Justice des Blancs et Justice des Noirs ?"
a
Quand? Mercredi prochain, le 16 janvier, 12h30!
Ou? Thomson House, salle de bal (2e etage)
Don't forget to bring your lunch! The McGill Law Journal and the Human Rights Working Group are
pleased to treat you to some cookies and coffee for dessert!
8 • 15 JANVIER 2013 • QN
LES GRANDS AVOCATS
DU MONDE SONT AVANT
TOUT DE GRANDS
CITOYENS DU MONDE.
An otre cabinet, vous travaillerez avec des avocats ayant conclu des transactions de plusieurs
milliards de dollars, d'autres ayant repn3sente des premiers ministres et d'autres encore ayant
plaide devant la Cour supreme des causes qui ont fait jurisprudence. Qu'ils courent des
marathons, vivent de grandes aventures ou se devouent pour des causes humanitaires, vous
verrez que les membres de notre equipe comptent plusieurs etres d'exception. Chaque annee,
a
dans le cadre de nos programmes d'emplois d'ete et de stages, nous cherchons identifier
a
des etudiants qui, tout comme nous. conjuguent leur coup de coeur pour le droit un
profond desir de se surpasser.
a
Nous ne sommes pas seulement la recherche d'avocats exceptionnels, mais surtout
d'etres d'exception
a
Pour consulter les fiches biographiques de nos avocats et voir si BLG repond vos
aspirations, visitez le site blg.com/etudiants.
i3LG
Calgary I Montreal I Ottawa
Toronto I Vancouver I Region de Waterloo
Avocats I Agents de brevets et de marques de commerce
Borden Ladner Gervais s.EN C.llL, s.llL
a Borden Ladner Gervais
est une societe responsabilite limitee de !'Ontario.
blg.com D'abord le service
...
- --.
coo
PUBLIC INTEREST CAREERS: FOOD FOR
MARYSE
CHOUINARD
THOUGHT FOR THE NON-CORPORATELY
&
SIMONE SAMUELS
INCLINED
Not all students are necessarily interested in the employers
who will be sponsoring Coffee Houses in the upcoming
Pourquoi y a t-il autant de stages non-remuneres?
weeks. Here is Part 1 of 2 Public Interest Careers FAQ, based
on the questions and topics discussed at Public Interest Ca Parce que nous sommes dans un contexte economique et
reer Day. politique peu axe sur la justice sociale, ce qui a malheureuse
ment un impact sur le financement de plusieurs organisa
Are there jobs in Public Interest?
tions.
Yes. But there are fewer than in the private sector, and they
Toutefois, avant d'ecarter un stage qui vous interesse parce
are less visible. Unlike big law firms, most public interest or
qu'il n'est pas paye, renseignez-vous sur les possibilites de fi
ganizations do not hire large numbers of new graduates at
nancement facultaires et externes, surtout si le stage est lies
set intervals, and have very little money to spend on market
aux droits de la personne. 11 y a tout un chapitre sur le sujet
ing and recruitment. Furthermore, they have limited time
dans le Guide des Carrieres en interet public, disponible sur
and some rely on word-of-mouth instead of formal postings,
le site du COP.
especially smaller grassroots organizations.
Is there a stigma attached to working in the public interest?
lt may require a few strategic moves if you're planning to
Comment trouver un travail en interet public?
transition from the government to a firm after a few years of
practice. But, as a general rule, what you do for the public in
terest before and during your law studies does not negatively
a
En etant l'affut, en faisant des recherches, en exploitant
impact your job search, even if you chose to apply to a na
toutes les occasions de reseautage possibles, en s'assurant
tional firm.
d'etre sur le radar des organisations qui nous interessent
meme si elles ne recrutent pas dans l'immediat, en consult Bottom line, employers are looking for skilled candidates and
ant regulierement myFuture, en s'entretenant avec des col good team mates. If you interviewed clients, conducted legal
legues qui partagent nos valeurs, en connaissant les research, produced legal documents, respected deadlines,
a
ressources en ligne du COP consacrees l'interet public, etc. showed leadership, spoke in public, increased awareness/do
nations/etc., worked in a team, worked independently,
proved effective under pressure ... they don't care if it was for
a small non-profit working with refugees or a firm.
What type of students are public interest employers looking
for?
Of course, if your whole brand is Public Interest, you will
probably have to explain why you suddenly want to work for
a large corporate firm, which several students do successfully
As any employer, they are looking for someone who is com every year.
petent, can get the job done and is easy to work with.
Furthermore, public interest employers value relevant past
Next edition: Defining your options, knowing available re
experience and common values. Government organizations
sources and exploring your own path
expect you to understand the difference between practicing
the law in public versus private setting; social justice organi
zations want to see some common ground between their
mandate and your profile in your CV.
10 • 15 JANVIER 2013 • QN
