QUID NOVI Journal des étudiant-e-s en droit de l’université McGill Published by the McGill Law Students’ Association Volume 36, no 3 7 octobre 2014 | October 7, 2014 QN • 7 OCT 2014 •1 QUID NOVI QUID NOVI 3644 Peel Street Montréal, Québec H2A 1X1 [email protected] http://quid.mcgill.ca/ http://www.quidnovi.ca EDITORS IN CHIEF Melissa Cederqvist Ying Cheng Nathan Cudicio IN-HOUSE DIVA EMERITUS Charlie Feldman LAYOUT EDITORS Fortunat Nadima Sunny Yang ASSOCIATE REVIEWERS Pouneh Davar-Ardakani Kaishan He Lindsay Little Elspeth McMurray Samantha Rudolph David Searle Andrew Stuart Journal des étudiant-e-s en droit de l’université McGill McGill Law’s Weekly Student Newspaper Volume 36, no 3 7 octobre 2014 | October 7, 2014 WHAT’S INSIDE ? QUEL EST LE CONTENU ? ÉDITO3 IN MEMORIAM: H. PATRICK GLENN 4 THE LEARNING CURVE 6 BEHIND THE SCENES: DEBBIE CARLONE 7 LIBRARY NEWS 9 DIAGNOSIS ON THE DEARTH OF DOCTORS 10 PABLO NERUDA’S SECRET DIARY 12 OPPRESSIONS DIARY 13 RESTER ACTIF HORS DU DROIT 14 INTER GENTES RECRUITMENT 14 BARREAU’S MENTAL HEALTH SCREENING PRACTICES 15 OVERHEARDS17 MCGILL LAW MEME 18 WORD SEARCH & SUDOKU 19 STAFF WRITERS Linda Agaby Samantha Rudolph Suzanne Zaccour Agatha Wong WANT TO TALK ? TU VEUX T’EXPRIMER ? Envoyez vos commentaires ou articles avant jeudi 17h à l’adresse : [email protected] Toute contribution doit indiquer le nom de l’auteur, son année d’étude ainsi qu’un titre pour l’article. L’article ne sera publié qu’à la discrétion du comité de rédaction, qui basera sa décision sur la politique de rédaction. Quid Novi is published by the McGill Law Students' Association, a student society of McGill University. The content of this publication is the sole responsibility of the McGill Law Students' Association and does not necessarily represent the views of McGill University. Contributions should preferably be submitted as a .doc attachment (and not, for instance, a “.docx.”). 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 2014 Quid Novi. Les opinions exprimées sont propres aux auteurs et ne réflètent pas nécessairement celles de l’équipe du Quid Novi. The content of this publication does not necessarily reflect the views of the McGill Law Students’ Association or of McGill University. Co-Editor in Chief FINDIND MARIANNE NATHAN CUDICIO Marianne, figure emblématique de la Révolution française, a libéré un peuple, lui a donné une voix. Arborant fièrement un bonnet phrygien, symbole des esclaves libres, elle a affranchi un peuple du joug d’un pouvoir absolu. Cet éditorial a été rédigé en réaction à une situation on ne peut plus délicate qui a monopolisé les méninges de vos chers éditeurs en chef et de votre in-House-Diva Emeritus, et ce pas plus tard que la semaine dernière. « Publiera, Publiera pas » a été entonné à maintes reprises lorsque nous essayâmes de déterminer le bien fondé de notre décision de faire paraître, dans le Quid, un texte à caractère polémique. Sans pour autant envisager que le dit texte envenimerait l’édition dans son intégralité, nous étions soucieux de la réaction de la communauté McGillienne à la suite de sa lecture. Et c’est plus ou moins à ce moment que Marianne et le Sorting Hat, figure sage du roman Harry Potter, firent leur entrée. Si le Sorting Hat n’eut aucun mal à classer Marianne parmi les affranchis, la scène fut toute autre lorsque le tour du Quid arriva… Sorting Hat : « Hmm, difficult. VERY difficult. Plenty of courage, I see. Not a bad mind, either. There’s talent, oh yes. » J. K. Rowling, Harry Potter Feat. Quid Novi Et pourtant le Quid ne fut pas totalement affranchi. Si le droit à la liberté d’expression des individus semble faire l’objet d’un consensus puisant ses sources dans diverses Chartes – pensons simplement à l’article second de la Charte canadienne des droits et libertés – et valeurs partagées par différents Conseils de presse, tel le Conseil de presse du Québec, à la fois la loi et la littérature en la matière se montrent davantage muettes quand vient le temps de tracer la ligne de conduite déontologique des plateformes qui accueillent les manifestations de cette liberté d’expression sous forme d’articles, d’éditoriaux, etc. . Bien souvent, ces dites plateformes, dont fait partie le Quid, se retrouvent laissées à ellesmêmes, jonglant au meilleur de leurs compétences entre le droit à l’intégrité de la personne, la liberté de presse et les manifestations écrites des opinions et de la personnalité des auteur(e)s. La question qui se pressait à nos lèvres se formulait ainsi : le journal a-t-il une responsabilité supérieure vis-à-vis ses lecteurs ou ses auteurs ? Who should a journal back up ? If finding Neverland is a heartwarming quest, the same could be said for journals who search Marianne. Bonne lecture, Nathan Cudicio QN • 7 OCT 2014 •3 Law IV JONATHAN BROSSEAU IN MEMORIAM: H. PATRICK GLENN SÉDITIEUX J’écris ce message, attristé d’apprendre le décès de H. Patrick Glenn. J’ai eu le plaisir et le privilège de l’avoir comme professeur, et j’aimerais, en sa mémoire, expliquer en quoi il a bouleversé ma façon de vivre le droit. D’abord, j’ai le plus grand respect pour l’œuvre du professeur Glenn. Si la plupart des étudiants de cette faculté n’auront rencontré dans leur parcours que Legal Traditions of the World, j’ai eu la chance de remettre en question ma compréhension des liens entre souveraineté et droit avec Les droits privés (16e Conférence Albert-Mayrand), du droit international privé avec « Conciliation of Laws in the NAFTA Countries » (La L Rev), ainsi que de l’éthique avec « Professional Traditions : The Reciprocating Ethics of Jurist and Judge » (Liber Memorialis Petar Sarcevic). Toutefois, ce ne sont pas les écrits du professeur Glenn qui m’ont le plus marqué; c’est sa personne. Myint Zan, dans une recension de Legal Traditions, qualifie le professeur de «mischievous» et je ne peux qu’agréer! Le professeur Glenn était en effet un académicien profondément séditieux, c’est-à-dire qu’il exerçait un regard si critique sur le droit, que lui-même et tout autre se devaient d’être passés sous la loupe du chercheur. On peut dire, en ce sens, qu’il était le plus intègre des rebelles, le plus incorruptible des révolutionnaires. C’est avec cette passion, et cette dévotion, que le professeur Glenn ma guidé dans mon parcours juridique. Cet été encore, il m’encourageait à « injecter du doute » dans les structures statiques, mais aussi à « produire du sens » dans ce monde désordonné. Pour toutes ces raisons, et pour ce qu’il m’a apporté en tant que personne, je le remercie et offre mes profondes condoléances à sa famille. The Quid Novi joins the Faculty in mourning the loss of long-time Professor H. Patrick Glenn and offers our condolences to his wife - Professor Jane Matthews Glenn - as well as family and friends. While there is no Quid Novi next week owing to Thanksgiving, we invite your comments, reflections, and remembrances of Prof. Glenn to appear on our pages in the next print edition. Students, Professors, and Alumni alike are welcome to contribute comments - of any length - as we join to pay tribute to the late Professor Glenn. QN • 7 OCT 2014 •4 Projet de murale “ Street Art” Mural Project We want your input! Tired of this? Donnez vos idées! As you all know, the McGill Law Faculty -the Old Chancellor Day Hall building- is undergoing major renovations. While these are taking place, we would like to cover the temporary walls with murals/artwork that could later become permanent fixtures of the Faculty. We want students to be part of the process. Get this —> En effet, l’idée est que les murs de la faculté deviennent plus représentatifs Nous invitons donc tous les de la communauté qui la compose. étudiants de la faculté, présents et passés, à nous soumettre des idées, croquis, oroverbes, dessins, photos, commentaires afin de guider le contenu de la murale. TOUTES les idées sont les bienvenues! A message from the LSA Arts Committee You can submit all your suggestions via the “your input” page on the newly created website www.wallsofmcgill.wix.com/wallsofmcgill where you will be able to follow the development of the project ou directement à l'adresse [email protected]. There will also be posters directly on these walls next week where you will be able to write down suggestions. QN • 7 OCT 2014 •5 Law IV ALLISON RENDER THE LEARNING CURVE SO YOU WANT TO MAKE A SUMMARY This is a weekly column about law school and learning. The best advice is to do what works best for you – but hopefully this column can help you figure out what that might be. After my previous column on PubDocs, some of you may have been left asking: why do students make summaries? One reason: exams. Most law exams are open book, so you can take all your course materials with you. Law exams, which I will discuss in greater detail in a later column, typically ask you to apply your knowledge of the law to a legal problem called a fact pattern (like your Legal Meth memo assignment) or to a policy proposal or theoretical statement about the law. Either way, you will need to refer to course materials and integrate topics from across the course. legal issue in the order they are likely to be encountered in a fact pattern – ex. “Offer”; “Acceptance”; “Consideration”. You can include doctrine in a separate section, or grouped with the issues it addresses. And don’t forget the Civil Code! Your lecture notes and the readings are the raw material for a summary. Even if using a PubDocs summary, you should add your own observations (as well as any readings that are new to the course). It helps to take notes about the readings along the way, so you don’t have to revisit the readings to study for the exam. HoweThere isn’t enough time in an exam to consult the readings ver, don’t make your notes too detailed. You will almost never directly or flip through your notes. Your summary is both your write more than 2-3 sentences about a reading on the exam. I study guide and your cheat sheet – though you won’t have much suggest waiting until you finish a reading (if you are doing it in time to look at it either. one sitting), and then noting what you remember about it. This can both help you retain information and saves time, as you will The usefulness of summaries varies depending on the type of not be constantly interrupting your reading to take notes on course and exam. If your exam is closed book, your summary will often irrelevant information. You won’t need to use full citations, only be a study guide. If it’s a theory or policy-oriented course but some minimum identifying information beyond the style of such as Foundations, then a summary may not be useful. The cause1 – such as year and court – is necessary. suggestions below apply mostly to black-letter law courses with an open-book exam. Your summary should include not only short notes on what the author or judge said in a reading, but your (or your professor’s) There are two typical ways of preparing a summary. The first is to comments on it. These can be handy if you need to analyze a modify an existing summary that someone else created. This is a case for a policy question on an exam. quicker process, but the structure and the author’s writing style may not reflect the way you learn. You will need to distill your class lecture notes into essential points. You can use them to fill in your reading notes, and to proThe second is to create your own (with varying levels of copying vide context on an area of law. Class debates are useful for policy from other summaries), by yourself or in a group. The summary questions, but should be presented in an easily digestible format will reflect your vision of the course, and hopefully be free of such as a pro/con table. In trans-systemic courses, maintain a other people’s mistakes. This process is obviously more timeclear division between common law and civil law approaches, for consuming. Either way, you should start early, and remember example by creating separate sections in your summary or twothat a summary is a means, not an end. It doesn’t need to be column tables. perfect. Ultimately, your summary should be short enough to be manaThere are a lot of different ways to create a summary, so take a geable for its two purposes – ideally no more than 50 pages. look at a few examples first. It’s common to follow the course Closer to the exam, you should also prepare a “super-summary” outline, but sometimes the outline doesn’t group topics in a with the bare-bones content of the course on 1-3 pages for way that is helpful in an exam. You may prefer to group cases by consulting during the exam. I prefer a three-column chart format, QN • 7 OCT 2014 •6 with one column for issues and one each for common law and civil law sources. You might include a few words to help you remember a case, but no more: ex. Donoghue v Stevenson: ginger beer, neighbour principle. Remember, summaries are a learning tool, so it’s not worth competing over who worked the most on theirs, or who started the earliest. There’s no award for the best summary, and certainly none for the longest. We all study differently. And don’t forget to share your summaries. Other people made theirs available to you. A culture of sharing makes law school better for everyone. 1 The name of the case. In-House Diva CHARLIE FELDMAN BEHIND THE SCENES: LIFTING THE NEW CHANCELLOR VEIL For this new Quid feature, we sit down with folks behind the scenes here at the Faculty. For many of us, these people are just names at the bottom of an e-mail we’re quick to delete, but the Quid intrepid newspaper that we are - digs deep to bring you the full story… or, well, our take on it! Who: Debbie Carlone What: Dean’s Office, Faculty of Law Where: 6th Floor, NCDH When: When I knew I was a fan? When she gave me awesome answers to these interview questions! Why: Because, well, I need to know how to bribe the Dean - and who better to dish the dirt than his office? (Spoiler alert: I didn’t get any dirt :-p) Quid: What does the Dean’s Office do? Debbie (D): Similarly to what the heart does in the human body, that’s what the Dean’s office does in the Faculty - we keep it alive. Without the Dean’s Office, where would we be? Quid: How big is the team and what is everyone’s role? D: The inner Dean’s Office has three people. First, the Dean – he’s the Dean - he does... Dean stuff! Michelle Sarrazin, the Dean’s Senior Administrative coordinator, takes care of all the Dean’s appointments and correspondence -- she is the cheerful gatekeeper for the Dean, until someone tries to get in without an appointment. She helps lost people find their way - the list is quite long. As for me, I oversee the Finances of the Faculty - budgets, forecasts, spending. I am also the Human Resources Advisor - and I sit on the Space Committee as well as the Prizes and Scholarships Committee. The “outer Dean’s group” consists of a larger team who is responsible for things like strategic planning, conferences and special events, communications, donor stewardship, and expense reimbursements. Quid: Wow! IS THERE ANYTHING THE DEAN’S OFFICE DOESN’T DO? D: *laughs* Well, we don’t grade exams…. everything that the SAO doesn’t do, we do, I guess! *laughs* Quid: How long have you been at McGill and the Faculty of Law? I’ve been at McGill 26 years – and at the Faculty for 15 years. Debbie’s new role started in January of this year. Prior to that she worked in various financial positions within the Faculty, overseeing research grants and ensuring compliance of financial transactions. Prior to moving up the Peel Street Hill, she worked at central Financial Services for McGill. In school she studied busi- QN • 7 OCT 2014 •7 ness administration and finance, but confesses that working with Questions of chocolate stash sharing aside, Debbie truly loves law students makes her wonder if she would go to law school if working with the Dean. She’s sad his Deanship is coming to an she had a “do-over”. end and tells the Quid, “If there could be a campaign to have him stay on another 20 years, that would be great. He’s an awesome Quid: It seems you really like numbers? Dean to work for!” The Quid isn’t sure who is going to follow in D: Yes! I love working with numbers, though I am learning with Dean Jutras’ footsteps, but we note unrelatedly that a certain human resources that you get more reward from dealing with In-House Diva is graduating possibly maybe next year and will be people. You see results when you help someone - it’s better than looking for a job… :-P balancing an account. Quid: How you ever fudged any numbers? Quid: Tell me, If we had to replace the Dean with another Dean – D: *laughs* No! who would you prefer and why - James Dean or Paula Dean? Quid: Have you ever WANTED to fudge numbers? D: I don’t even want to think about replacing the Dean! D: *laughing* Quid: Alright, but when Judge Judy retires -- how do you feel Quid: Don’t answer that - we might want to hire you to do the about her replacement, Judge Jutras? Would you watch? Quid’s accounting, which is entirely based in units of fudge! D: I don’t watch now… but maybe I would start watching if it were Judge Jutras! Speaking of fudge, Debbie is not much of a sweets person. This tidbit came in the context of the Quid asking what one ought to Debbie truly loves her work at the Faculty and confides that she do to ‘sweet talk’ the Dean, or at least his office. So, dear student always thinks, “I wish I were a law student!” when watching the readers, we can’t advise on the best way to make good with the Dean’s “inspiring” speech on Orientation Day. It’s a moment Dean’s Office staff - but our guess is that, like most professors, that fills her with pride for all of the students in the room and wine is the way to go. Wait, what? how much they have accomplished just to get here. As a mother of two teenagers - one of whom is interested in coming to law Quid: It is true that the Dean’s Office has a secret stash of Deca- school at McGill - we can’t imagine what that Orientation Day nal liquors and cigars off-limits to mere students and professors? would be like for Debbie, but we’d love to see it, and would be D: We did… but we drank it all when we found out we had to filled with pride, too. move out of OCDH! Just kidding - the Dean’s office doesn’t promote drinking and smoking. But, I can tell you that I have a stash of shoes under my desk, and I think the Dean has a secret stash of chocolate somewhere. Quid: Does he share the chocolate? D: *laughs* On occasion he’ll offer you a square. QN • 7 OCT 2014 •8 Librarian SVETLANA KOCHKINA LAW LIBRARY NEWS UNSOLICITED ADVICE: LIBRARY FINES AND HOW TO AVOID THEM... This is not a literary text solicited by the co-editors-in-chief for this issue of the Quid, but more of a continuation of the re-emerging theme of my column: unsolicited advice about the library. Today, I would like to talk to you not about a new “cool” rare book or a useful database that we recently bought, but about something totally unglamorous and rather dull: library fines. This choice of topic is not random. From the reference desk, I begin to notice the traces of sleepless nights and mid-term-induced stress on the law students’ faces. [Here, a law student harassed by the looming deadlines and incomprehensible mysteries of the Red Book (sorry, McGill Law Journal) should burst into a fit of sarcastic laughter. “She sees how stressed we are, and she wants to speak about WHAT?”] Yes, I would like to talk to you about library fines. Not out of a malevolent desire to fill your life with a bit more stress and to see how you can handle it, but to help you by making library fines easy to understand, and thus, easy to avoid. So, library fines and how to avoid them... There are two main types of library fines that might affect a law student: 1. Recall fines for books – $5 per day. As McGill students, you can borrow 80 books and renew them for an unlimited number of times. Following this logic, it may seem that you can borrow a book and keep it until you graduate. You can... unless the book is recalled. To make it possible for students and faculty members to share library resources (i.e. books and journals), any borrowed item can be recalled. Anything that you have on loan is subject to immediate recall if needed for reserves, or after 14 days from the date of the original loan if requested by another library user. When something is recalled, you receive a recall notice from the Library at your McGill student e-mail. You must return the item by the new due date or you will be charged $5 per day, with a maximum fine of $100 per item. How to avoid getting fines for recalled books: • Check your McGill e-mail every day. When you see a recall notice, bring the book to the library. • Before you leave Montreal for vacation, holidays, or a visit, return all the books to the library. If you prefer not to do so, find a trustworthy friend/classmate/relative with whom you can leave keys to your apartment/room. Keep checking your McGill e-mail while on holidays (some people love working during Christmas vacation, so books ARE being recalled even then). If a book is recalled, ask your friend to go to your lodgings, get the book, and return it to the library. It may sound horribly insensitive, but the fact of being on vacation “up North”, in the Bahamas, etc., is not a sufficient reason to waive your library fines (see below about fine waiving). 2. Reserve fines – $0.02 per minute. First, what are reserves? Reserve materials are books and other items that, because of high demand, have short loan period. In the Law Library, the reserves are mostly books that are required readings for a class or some ever-popular titles, such as Canadian Guide to Uniform Legal Citations, a.k.a. the Red Book. The loan period for all reserve items is 3 hours, after which the fines will kick in and will be calculated 24 hours/day. They can be borrowed overnight if they are borrowed within 3 hours before the closing of Library services. Course reserve items borrowed overnight will be due back one hour after Library services begin the next day. This means, if you borrow a reserve book on Thursday after 3:00 p.m., you can have it until Friday 10 a.m. At the Law Library, the reserve books borrowed on Friday after 3:00 p.m. need only be returned on Sunday before 11 a.m. How to avoid getting fines for reserve materials: • Return them on time and to the branch library from which they were borrowed. • When the service desk is open, return reserve materials to the desk. • Avoid returning the reserve books that you borrowed before 3:00 p.m after the service desk is closed. The mere fact of putting a book in the reserves return bin does not take it off your account because the return bin is really, you know... just a bin. It is not a fancy technological contraption that will check in books once they hit the bottom. It is a simple wooden box that will keep the books safe until the next day when one of our library assistants opens the service desk and check the books in. For you, this means that the book stays on your account the whole night and the fines keep accumulating until the morning of the next opening day with a maximum of $100 per item. What to do if you have already accumulated library fines? The answer is simple. You will have to pay them. Fines can be waived only in special circumstances, for example, a documented medical situation. The lack of awareness of library policies or failure to receive a reminder email notice is not an acceptable reason for waiving a fine. Unfortunately, if you have $30 or more owing to the library or one overdue recalled item, you will be blocked from borrowing any library materials and from getting diplomas and transcripts. To see if you have accumulated any fines, you can sign in your library account at http://catalogue. mcgill.ca/F/?func=login-session QN • 7 OCT 2014 •9 Law I DENISE FELSZTYNA DIAGNOSIS ON THE DEARTH OF DOCTORS Since trying herbal teas, applying creams and lotions, and alternating between hot and cold showers were not efficient techniques, I figured that visiting Dr. Kalin was the next move to deal with my sore throat. Contrary to its implication, walk-in clinics require an appointment. The process is like survival of the fittest, in which your opponent is an answering machine. The battle was tight during my thirty-minute phone call with the automatized system, but I somehow managed to steal a consultation slot. I arrived to the clinic fifteen minutes in advance on the day of my appointment to avoid missing my turn; one round with that machine had been sufficient. The anesthetic smell of rubber alcohol stunk and the yellow wallpaper on the corner of the room had started to peel off. I could only hear the sound of the receptionist typing on her computer. I went over to her office and she took my medicare card. She never removed her sight from her computer, except when she barked at me saying: “sit in the waiting room until the doctor calls for you”. An hour and a half later, I heard a squeaky, high-pitched voice massacre my family name. percent for specialist doctors making their incomes rise from 240 500 dollars in 2008 to 350 000 dollars in 2014 (Radio-Canada). While the provincial government has historically allocated the biggest portion of its budget to the health sector, it has not prevented the shortage of doctors. Money is at the root of most problems, but its distribution is a bigger issue in this social stake. In light of this reality, the ministry’s motto in terms of the health system follows the economic principle by which supply decreases as demand increases. The government inevitably has to restrict the number of doctors that enter the work market to sustain the salary benchmark requested by the professional order. Quebec’s bureaucratic culture has enabled health ministers to filter the number of physicians’ position available for each region and for each establishment in Québec through the stingy PREM system. Introduced during the liberal era, it was expected to improve the old punitive system, but according to Dr. Kalin, “the PREMS have proven to be much worst”. Like a funnel, it restricts the entrance of doctors into the work market by making the access to PREM licenses harder than stealing a consultation from an answering machine. Dr. Kalin said that in 2013, there were only three PREM licenses given to medical graduates for the sector of Westmount, Montreal West, Côte-St-Luc, and Hampstead. Those left outside the boat can work, but only earning 70 percent of a doctor’s regular salary (Dr. Kalin). While medical graduates have succeeded all their exams to become members of the Collège des Médecins, they cannot find employment because the government cannot pay their wages. It has reached a point where “16 percent of new specialist and sub-specialist physicians cannot find work, and 31 percent pursue further training to become more employable,” according to the College of Canadian Physicians (The Gazette). Despite the complicated process, I am one of the fortunate Quebecers to have access to a family doctor. The 6800 full–time family physicians cover six million Quebecois, leaving 25 percent of the nation without a doctor (CMAJ Medical Knowledge). Due to this lack of coverage, emergency rooms are transformed into seas of people in which waves of coughing cause currents of germs. According to the College of Canadian Physicians, “these visits cost taxpayers five to ten times more than the same consultations in family physicians’ offices” (Canadian Institute of Health). Not only would it decongest the emergency rooms if the ratio of doctors was proportionate to the population, but it would be fair. Two million Quebecers are paying for services they are not receiving. Although this dearth of doctors might seem like an innocent accident, it did not develop on its own. On the contrary, a human touch subtly interfered with our health system causing a shortage To obtain salary standards similar to our neighbors, the profesof doctors. sional order uses the threat of doctors departing to the UnitedStates or other Canadian provinces. In reality, the Collège des Being a powerhouse, the professional order of Québec’s doctors Médecins is omitting that obtaining a green card is practically holds the upper hand when negotiating its members’ salaries, impossible, so the possibility of physicians leaving to the U.S.A. which impacts the number of doctors that enter the system. is not a substantial threat. Likewise, the PREM system also limits Since the state cannot speculate with citizens’ health, it sucthe entrance of doctors into the work market of other Canadian cumbs to the salary standards demanded by the Collège des provinces. Dr. Kalin highlighted that the same system exists in OnMédecins who uses the possible exodus of physicians or of strikes tario, where he previously worked. Although the risk of doctors as threatening cards. The professional order of Quebec’s doctors migrating to other provinces is more significant, the chances they has become like a mother whose nurturing ways have protected obtain a PREM license elsewhere are just as minimal. Besides, doctors’ wages, at the exception that its relationship with doctors unlike Canadian doctors who are functionaries of the state, is strictly professional. Dr. Gaétan Barette, previous mother figure American doctors’ salaries follow the principle of capitalism, in of the professional order, had negotiated a wage increase of 67 which demand and supply set the prices for their medical ser- QN • 7 OCT 2014 • 10 vices. When using the United-States as an example, the Collège de Médecins is demanding through coercion that contributors meet the standards of the private sector within a public system. By the same token, the Collège des Médecins is not considering the differences in the cost of life or the economic situation when referencing other Canadian provinces. For instance, while doctors earn 300 000 dollars in Alberta, its GDP growth was of 3.5 percent in 2013 (RBC). In contrast, Quebec’s doctors earn on average 200 000 dollars, but the GDP growth was a lean 1.3 percent (RBC). The economic contexts being as different as honey and butter, doctors’ salaries outside Quebec cannot be compared to our doctors’ salaries. More nurse practitioners would make Quebec’s shortage of doctors a legend and whenever you would want an appointment, you would not have to fight with an answering machine. Meanwhile, my throat is still on fire. Back at the clinic, once the doctor had called for me and I had made it to the other side of the reception, I felt overwhelmed with a sense of achievement. Not only had I managed to beat an answering machine, but I had survived the waiting surrounded by people reeking of germs. The doctor made a sign with his hand to follow him. His office was bright and spacious, which was quite a contrast with the waiting room. He made me stick my tongue out, say “ahhhh,” and after ten minutes of consult, he reported that nothing was wrong with me. While walking away with my back somewhat arched and a Quebec’s culture of complacency has demotivated people to fight frown on my forehead, I realized that I had not only wasted my against bureaucratic systems. Just like we have accepted that time, but that I had impeded someone who was truly sick from Quebec’s roads are in the worst condition in all of North America, consulting the doctor. we have become use to waiting months for medical appointments, spending hours in emergency rooms, and having only Work Cited ten minutes consults during walk-in clinic hours. If we cut every Fidelman, Charlie. “Quebec Doctors Earn Third-Lowest Salaries in physician’s salary by half, we could have double the number of Canada”. Global. Global News. 23 Jan. 2013. Web. 13 Feb. 2014. doctors. If they earned $100 000 dollars annually rather than $200 000, we could have 13 600 full-time physicians rather than Gladu, François-Pierre. “Perceived shortage of family doctors in Quebec. Can we do something about it?” The Official Journal of 6800. Then again, although it is ideal, I doubt the plausibility the College of Family Physicians of Canada 53.11 (2007): n. pag. of this solution. Dr. Kalin suggests that “more family physicians Web. 13 Feb 2014. are not the answer to the shortage: Nurse practitioners are the solution”. Glouberman, Noa. “Relocating? Compare cost of living and industries across Canada.” Metroland Media. Web. 2 Apr 2014. If family physicians’ and nurse practitioners’ duties were redis“Nurse Practitioners: It’s about time.” Canadian Nurses Associatributed, 6800 family physicians would no longer constitute a tion. Web. 2 Apr 2014. shortage. According to Dr. Kalin, a nurse practitioner can perPicard, André. “How Much Are Canadian Doctors Paid?”. The form up to 70 percent of a family physician’s work. Since they Globe and Mail. The Globe and Mail. 23 Jan. 2013. Web. 13 Feb. can indeed “diagnose, treat illnesses, order tests, and prescribe medications,” they could take some of family doctors’ responsibi- 2014. lities that could then increase their number of patients (Canadian Pinker, Susan. “Doctor Shortage in Quebec a Real Numbers Nurse Association). Everyone could have access to a fast medical Game”. CMAJ Medical Knowledge that Matters, Web Science service in case of an emergency, shrinking the seas of people 167.3 (2002): n. pag. Web. 13 Feb 2014. in the emergency rooms into ponds or small lakes. Overall, the primary caring network could be strengthened in a cost effective Radio Canada. “L’effet Barette: 42 pourcent de plus les Médecins Spécialistes.” Radio Canada Québec. Web. 4 Apr. 2014. Web. 9 manner. While a family physicians earns on average 200 000 dollars, a nurse practitioner costs the government 70 000 dollars Apr. 2014. (Canadian Nurse Association). Cleaning up the system would “RBC Economics: Research.” Royal Bank of Canada. Web. 2 Apr open the gates of opportunities to universal medical coverage in 2014. Québec. QN • 7 OCT 2014 • 11 Law I CHARLESÉTIENNE BORDUAS MY BURDEN: PABLO NERUDA’S SECRET DIARY ‘Born in Parral, Chile, on July 12, 1904, poet Pablo Neruda stirred controversy with his affiliation with the Communist Party and his outspoken support of Joseph Stalin, Fulgencio Batista and Fidel Castro, but his poetic mastery was never in doubt, and for it he was awarded the Nobel Prize for Literature in 1971.’ The following creation atempts to recreate Neruda’s thoughts when he wrote The White Man’s Burden, one of his most studied poems. The poem is a self-portrait; both of the author and of his torn society. It evokes politics, mystery, love, violence, and fear. It is a text which, some would argue, still symbolizes the modern civilization. January 6, 1948 Santiago, Chile listening to this great speech given by Franklin Delano Roosevelt on the radio of a small restaurant. I particularly remembered his ‘’Four Freedoms’’. One of them was freedom of speech, which is, in Chile, as rare as rain in the summer. The second one was As the first rays of sunlight went through the curtains this morthe right to free worship. I associated it with the carcass of this ning, my two weary eyes opened wide. I needed air and inspiration before my hearing, and I knew where to find both. I put a cracked bell in front of the Parque Central. A third one was the beret on and went for a walk in El Parque Rio Olivares, as my dear right to freedom from misery. I would be the first human being to know that misery is eating us, tearing souls and hearts all over Maryka used to do. the country. As I made progress through the forest, trees were getting bigger, closer, unified by a mysterious hymn. They were stretching their Satisfied, I put the two parts of the miraculous twig in my pocket. wrinkled arms over and around me. For the first time in months, The forest offered me what I was looking for. a bud of hope hatched in my head. I told myself: ‘’I am not alone *** in this situation, but I can - no, I have to - make things change for all of us. Chile will not be tortured by the claws of a dictator. All of the trees are with me; they are my parents, my neighbors, my October 17, 1952 children...’’ Puerto Escondido, Mexico When I came back to reality, I was lost. In front of me, there was a vast valley with an imposing tree in its heart. I recognized the geoffroea decorticans and its attractive, but yet poisonous, fruits. My unusual adventure started at this very moment. I carefully placed my palms on the tree, looking for its pulse. A silhouette of Videla appeared in my head. If I ever read this again, I swear to God that this story is true. The traitor was throwing bags of sand on my shoulders. I could not breathe or fight back. The nightmare stopped when I pushed myself back, and slipped on a dead twig, which I broke off. My debt to this nation is too heavy. I have to come back. The boat should be leaving the docks by now. Every hour, every minute is painful after four years of exile. Every moment is vital: my last dream confirmed it. I was brought back in that forest and tied up to the giant tree in the valley. An ardent fire was devastating every acre of nature around me. I felt useless, as I am right now in this deteriorated harbour of Mexico while my nation is slowly dying. Lost in the forest, I broke off a dark twig The carnage seemed so far off, and was somehow exclusive to my and lifted its whisper to my thirsty lips: eyes. I was paralyzed by its realism. What could I do? How could my tied hands wave for help? How could my buried feet run maybe it was the voice of the rain crying, away? I screamed, by fear at first, then to express my thirst for a cracked bell, or a torn heart. justice. No sound came out: the tree had grown leaves over my mouth. Suddenly, I almost felt reassured... I picked up the two parts of the twig. Their odour reminded me Something from far off it seemed of the coffee they serve in Valparaiso. A souvenir came to my mind: January 6, 1941. Very precisely seven years ago. I was QN • 7 OCT 2014 • 12 deep and secret to me, hidden by the earth, a shout muffled by huge autumns, Wakening from the dreaming forest there, the hazel-sprig by the moist half-open darkness of the leaves. sang under my tongue, its drifting fragrance climbed up through my conscious mind My deepest intuition tells me that the present trend of governments will have the same effect in the long run. It will corrupt our souls, hide tons of lies and devious intentions under the very earth under our feet, and assimilate us one by one. A twig at the time. William Allingham once said that ‘’Autumn’s fire burns slowly along the woods and day by day the dead leaves fall and melt.’’ Four autumns have passed since I left. Leaves have already fell and died too many times, but there are many left. I have to find them. *** Tonight, I am wakening from this nightmare. I am perfectly conscious about what I see: the totalitarian regime will do everything to secure its position. ‘’It has no direction but its own bright grace.’’ It is trying to bear the ‘’white man’s burden’’, but it will never attain its objective: Chileans will never accept assimilation. Kipling will be deceived. My mom used to tell me that violence will cut down trees, but forests will always rebuild themselves. as if suddenly the roots I had left behind cried out to me, the land I had lost with my childhood--- September 23, 1973 Casa de la Isla Negra, Chile It is certainly not a good time for dying, but my destiny is set, as it has been for so many before me. The poison might be able to put me in the ground, but it will never affect my heart, as it belongs to the people of this courageous nation. I cannot even believe it yet, but my nightmare was a premonition. I have to admit that things are really falling apart. Pinochet and his men have tried to imitate the hazel-sprig: they have decided to take over everything, from the roots to the smallest leaves. They sang us a marvelous serenade. Its lyrics were full of lies. The song itself was empoisoned, like the fruits of this geoffroea decorticans. Who could have known? and I stopped, wounded by the wandering scent Law II SUZANNE ZACCOUR OPPRESSIONS DIARY Note: Les citations ne rapportent pas exactement les paroles de personnes, mais servent de véhicule pour renforcer le propos de l’autrice. It’s a Monday afternoon at McGill Law “La vraie question est : des hommes blancs se seraient-ils sentis contraints?” Mais le droit n’est pas plus blanc que l’homme blanc raisonnable It’s a Tuesday afternoon at McGill Law “Une augmentation des frais de scolarité de 100$, ce n’est rien!” Mais le classisme n’est que pure invention It’s a Wednesday morning at McGill Law “Ce jugement est schizophrène” Mais nous ne sommes pas validistes It’s a Thursday evening at McGill Law “Voici une vidéo explicative, je vous préviens: elle est sexiste” But there’s no such thing as sexism in education It’s a Friday morning at McGill Law Five fact-patterns, five fictional male lawyers Mais il n’y a pas de sexisme chez les juristes It’s a happy week at McGill Law Good thing we are inclusive! Et heureusement que le droit est neutre! QN • 7 OCT 2014 • 13 Law IV JACINTHE POISSON FEMMES, CHANGEMENTS CLIMATIQUES, ESPACE EX … OU COMMENT RESTER ACTIF HORS DU DROIT! J’entame ma quatrième et dernière année à la faculté, et je n’avais jamais encore écrit dans le Quid. Je souhaite donc partager quelques réflexions avec les nouveaux à la faculté, ceux qui se questionnent à savoir si chaque minute de leur journée et chaque cellule de leur cerveau et de leur système nerveux devraient être consacrées au droit ou au milieu juridique. L’omniprésence du droit dans tous les domaines et la pression (réelle ou ressentie) de devoir construire un curriculum juridique crédible, varié et hyperactif pour pouvoir se réaliser comme futurE avocatE nous fait sentir que nous devrions dédier tout notre temps et notre énergie à des activités « juridiques ». J’ai trop vu de collègues de classe avec des maux de dos, de tête ou d’âmes à force de rester assisEs toute la journée, enferméEs dans la bibliothèque, stresséEs par les notes qui n’atteignaient pas leurs attentes, et d’autres incapables de jaser d’autres choses que de droit dans les partys… Je vous conseille et vous encourage à cultiver des passions et des projets considérés traditionnellement « non juridiques », qui vous garderont éveilléEs à votre bien-être physique et mental, qui vous permettront d’apprendre et de vous engager dans votre communauté dans des domaines complètement différents, en dehors de votre zone de confort! Vous verrez bien après coup que ces expériences enrichiront vos perspectives et vos réflexions sur ce qu’est et ce que devrait être le droit et la justice sociale! INTER GENTES Mardi soir, une trentaine de personnes se sont réuniEs dans un drôle d’espace du Mile-X, quartier industriel et bétonné, pour voir le documentaire Hands On (en ligne: http://redlizardmedia. com/climateandgender/), parler de changements climatiques et du rôle des peuples autochtones et des femmes, entre autres. Grâce à l’appui de RadLaw, on a pu servir thé chai chaud et nourriture. L’EspaceEx, un terrain vague abandonné dans un quartier industriel, on l’a transformé en espace d’expérimentation en agriculture urbaine, aquaponie, apiculture et bien d’autres folies. On y tient des ateliers sur l’éco-construction, les ruches d’abeilles urbaines, l’horticulture écologique, ou autre, en plus d’évènements culturels et de projections de films sur 1000 thématiques différentes. Je passe plus de temps les mains dans la terre et à organiser ces évènements que mon nez dans les recueils de texte, et je me sens si bien! Ma petite contribution se veut simplement un appel à sortir de la faculté, cultiver vos passions, à engager des échanges sur d’autres sujets que ceux abordés en classe et à garder précieusement vos amiEs qui vous garderont connectéEs au monde « non-juridique »! INTER GENTES - MCGILL JOURNAL OF INTERNATIONAL LAW & LEGAL PLURALISM* IS RECRUITING! Recruitment materials are now available! Please visit www. mcgill.ca/intergentes for more details! tard le 17 octobre 2014 à minuit par courriel à intergentes@ mcgill.ca. Le droit international vous intéresse? Vous souhaitez vous joindre Please join us in the atrium for pizza on Wednesday Oct. 8th à une revue de droit innovatrice et vous impliquer dans son déve- from 1:00 - 2:30 pm to discuss the various positions on our loppement? Then this is the perfect opportunity for you! Management, Multimedia and Editorial Teams. We look forward to meeting you! Inter Gentes is McGill Law’s newest student-run publication. We are recruiting for various positions on our Editorial, Multimedia, Inter Gentes is a trilingual (En-Fr-Sp), peer-reviewed, online interand Management Teams. Les détails de notre processus de recru- national law journal grounded in the uniqueness of McGill’s legal tement sont maintenant disponibles sur www.mcgill.ca/interthought. The Journal seeks to address a pressing need for innovagentes. Toutes les trousses d’application sont à rendre au plus tion in the realm of academic publishing through its forthcoming QN • 7 OCT 2014 • 14 web platform. Accessible web-based functionalities will notably allow Inter Gentes to create a dynamic and interactive dialogue between publications and amongst authors. Articles will be complemented by comments, responses from dissenting academics, informative follow-ups, and context. The Journal will thus provide a forum to discuss articles, rather than be a showcase for them. Nous nous réjouissons de partager cette opportunité avec vous. Pour plus d’informations, n’hésitez pas à nous contacter à [email protected]. The Inter Gentes Team 2014/2015 *Discussions with McGill’s Regulatory Officer regarding the full permisInter gentes est un terme signifiant « entre les peuples ». En effet, sion to use the University’s name in the Journal’s title are ongoing. le modèle strictement étatiste du droit international s’épuise, donnant lieu à un besoin de repenser de manière ouverte et plurielle cette discipline. En tant que revue trilingue assistée par un Conseil consultatif international et diversifié, Inter Gentes contribue à cet échange en proposant un forum pour la redéfinition pluraliste et collective du droit entre les gens. Ce dialogue nous concerne tous à bien des niveaux ; nous vous invitons donc à y contribuer. Law IV ALAIN DESCHAMPS UPDATE ON THE CAMPAIGN TO REFORM THE BARREAU’S MENTAL HEALTH SCREENING PRACTICES On September 30th, the LSA Council adopted the motion reproduced below, related to the Barreau du Québec’s practice of requiring applicants to reveal information regarding their mental health history. As a quick refresher, the Barreau du Québec, the École du Barreau, and the Comité d’accès à la profession require applicants to the Barreau du Québec to disclose any psychological problems that might impair the applicant’s ability to practice law. In addition, applicants must answer the following question: du Québec and the École du Barreau to cease requiring applicants to disclose their mental health status and their relationship with mental health professionals. With the new school year upon us, we would like to make a callout for people who might be interested in working on this issue. If you are interested, please contact us at [email protected]. A meeting will be organized in the near future to coordinate efforts. On a final note, we would also like to extend our thanks to the No 18 : Êtes-vous présentement suivi par un médecin, un LSA Executive for their enthusiasm for advocating on this matter. psychologue ou un thérapeute relativement à un problème de santé mentale? Further Reading: If answered in the affirmative, applicants must provide: un certificat de votre médecin, psychologue ou thérapeute attestant si vous êtes apte à exercer la profession d’avocat et qui précise sommairement la nature et la durée de votre problème. In the Spring of 2014, the student body voted 94.4% in favour of the following referendum question: http://www.quidnovi.ca/issues/2013-2014/v35no19.pdf (page 33) http://www.canlii.org/en/bc/bchrt/doc/2009/2009bchrt360 /2009bchrt360.html http://www.ada.gov/louisiana-bar-lof.pdf Signed: Alain Deschamps John Simpson Katie Spillane The McGill Law Students’ Association resolves the following: We call on the Comité d’accès à la profession, the Barreau QN • 7 OCT 2014 • 15 MOTION RE: MENTAL HEALTH SCREENING BY BARREAU Whereas mental health is a serious issue which affects many law students; Be it resolved that the McGill Law Students’ Association start a discussion with the Comité d’accès à la profession, the Barreau du Québec, and the École du Barreau concerning the review of its Whereas mental health is widely stigmatized and past prejudices policy of asking applicants to disclose details about their mental harmfully link mental health conditions to criminality and moral health and any treatment by mental health professionals; turpitude; Be it resolved that the McGill Law Students’ Association declare Whereas seeking therapy can be an important part of addressing itself officially opposed to the Comité d’accès à la profession, the mental health issues; Barreau du Québec, and the École du Barreau’s policy of asking applicants to disclose details about their mental health and treatWhereas the Comité d’accès à la profession, the Barreau du ment by mental health professionals; Québec, and the École du barreau require applicants to provide details about their mental health including treatment by mental Be it resolved that the McGill Law Students’ Association take health professionals and any past psychiatric disorders; action in order to have the aforementioned questions of the the Comité d’accès à la profession, the Barreau du Québec, and the Whereas forcing applicants to the the Barreau du Québec and École du Barreau removed; the École du barreau to disclose their mental health issues violates their right to privacy and provides an incentive to stop their Be it resolved that the McGill Law Students’ Association encoutreatment to avoid self-reporting; rage the Students’ Society for McGill University to pass a similar motion at the next possible opportunity and add its voice to this Whereas Law Societies in Alberta and Nova Scotia have long call for change; asked applicants only to identify mental health conditions which are relevant to the practice of law, and jurisdictions such as Be it resolved that the McGill Law Students’ Association encouOntario and Saskatchewan have long asked applicants no mental rage Canada’s other Civil Law faculties (Laval, Sherbrooke, uOthealth questions at all; tawa, UQÀM, and UdeM) to pass similar motions at their earliest convenience and add their voices to this call for change; Whereas article 17 of the Charter of Human Rights and Freedoms provides that “[n]o one may practice discrimination in respect Be it resolved that the McGill Law Students’ Association enof the admission … of a person to … any professional order” and courage the Confédération des associations des étudiants et article 10 provides that a “handicap or the use of any means to étudiantes en droit civil to pass a similar motion at its earliest palliate a handicap” is a prohibited ground of discrimination, convenience and add its voice to this call for change; Whereas Quebec courts have interpreted handicap to include any mental health conditions or addiction; Moved by: Vincent-Pierre Fullerton (LSA Vice President-External RelaWhereas the British Columbia Human Rights Tribunal ruled in tions) Gichuru v. The Law Society of British Columbia (No. 4), that even Alain Deschamps the practice of asking applicants to the British Columbia Bar only John Simpson whether they have “been treated for schizophrenia, paranoia, or Katie Spillane a mood disorder described as a major affective illness, bipolar mood disorder, or manic depressive illness” constitutes systemic 1 discrimination on the basis of mental disability;1 http://www.canlii.org/en/bc/bchrt/doc/2009/2009bchrt360/20 09bchrt360.html Whereas in a referendum in the Winter semester of 2014 the McGill Faculty of Law’s student population voted overwhelmingly in favour of asking the Comité d’accès à la profession, the Barreau du Québec, and the École du barreau to review their requirement that applicants disclose details about their mental health treatment by mental health professionals and any past psychiatric disorders; QN • 7 OCT 2014 • 16 In-House Diva CHARLIE FELDMAN OVERHEARDS So, not the most active week for the Quid spies… but that’s okay – we share what we get! Avez-vous quelque chose? [email protected] Prof. Weinstock: Let’s say I promise Tyler I will wash his car. Then, Prof. (Redacted): I remember flirting with a classmate during Dean Jutras asks me to wash his car at the same time….. I gotta contracts class by suggesting that we study together. She said we wash the Dean’s car because he’s my boss, you know? could study together but if I were seeking anything beyond that I’d only become familiar with the Doctrine of Frustration. Prof. Ellis: It’s obvious why I have images in my PowerPoint [dramatic pause] .... eye candy! Prof. Jukier: The English Court of Appeal doesn’t agree with me… but they’re wrong! Prof. Weinstock: Imagine you’re a very hairy man, and you can make sweaters out of your chest hair…. 3L: Man, after all this work on a journal, we’ll be superstars at citations. Prof. Jukier: Now, can someone give me a situation where pro2L: Superstars . . . or suprastars? mises are made without legal intent? 1L: Sexual relations! You have sex with someone and you don’t 1L: Do you have ideas of fun activities for a group? promise it will go on forever. 4L: Hmmm... drinking... having sex... hmmm... you said «group» Prof. Jukier: … I was thinking more like I do the groceries and my activities, right? husband takes out the garbage. 2L: J’ai compris tous les mots, j’ai bien compris, merciiiiii. 1L: Tu parles pas de Foundations alors… PUBLIC NOTICE TO PROFESSORS (parts for students written in parenthesis…): note, when I was a student at the Faculty in 2010 a certain Professor (now retired) was upset with us for not getting a reference to a Twice this week I spoke with Profs who song that came out in 1995… that PEAKED at expressed dismay that their funniest lines were #53 on the Canadian Country Chart that year not being reported. (No, seriously – your proaccording to Wikipedia…) fessors put effort into these things!) Since the Quid isn’t listening in every class (that’s where Since there’s a certain beauty to the you come in) and we don’t want something Overheards for being student-submitted, I feel funny to be missed, I am taking submissions as though if you’re sending it as an Overheard from Profs for “I thought it was funny!” as a you shouldn’t get the credit for the funny companion to the Oveheards. Profs – if you (hence Prof. Redacted), but if you went to the had a really good one-liner or law joke and you effort to make the joke, send it because I’d love don’t get the e-mail from me seeking attributo reprint it: [email protected] tion (i.e. nobody reported it) you can still share it with the world via the Quid! And yes, I realize I’ve opened the door to you all submitting random law jokes you’ve picked Send it to me for “I thought it was funny!” and up at BORING conferences and passing them it will be published under that heading with off as your own. I’m fine with that. The Quid is attribution. OR, send it as an Overheard and a safe space for your nerd law humour – even if it will appear as Prof. Redacted. Why? Well, I the start of the joke is “A fee simple walks into want to make sure we have funny content on a bar” and the punchline is “That’s allod!” :-P this page, and your great joke shouldn’t go to unshared because it was lost on an audience of students checking Facebook at the time or wasted on students not familiar with your incredibly timely pop-culture reference! (Side QN • 7 OCT 2014 • 17 Law I SAMANTHA RUDOLPH QN • 7 OCT 2014 • 18 McGILL LAW MEME In-House Diva CHARLIE FELDMAN BETTER THAN TAKING NOTES... I hope you enjoyed last week’s Latin legal phrases word search! I had a theme picked out for this week, but decided in honour of the passing of Prof. H. Patrick Glenn to make this week’s theme “Legal Traditions of the World”. If you have theme suggestions, let me know :-) quid.charlie@gmail. QN • 7 OCT 2014 • 19 Can’t get enough Quid? On est sur Facebook ! Search “Quid Novi – Droit McGill Law” or type https://www.facebook.com/ quidnovi.mcgill. Add us today – vous ne savez jamais ce que nous pourrions mettre en ligne! QN • 7 OCT 2014 • 20
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