QQUUIIDD NNOOVVIIMcGill University, Faculty of LawVolume 27, no. 21, March 20, 2007

QUID NOVI

QUID NOVI

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Editors in ChiefCaroline BriandAndrea Gorys

Assistant Editors in ChiefCassandra BrownJulien Morissette

Managing EditorsKarina KesserwanYuri Smagorinski

Layout EditorsAlison Adam

Raffaela CommodariTara Di BenedettoMaegan HoughNaomi Hauptman

Associate EditorsBruce Carlini

Lauren Chang MacLeanOana Dolea

Thomas LiptonVrouyr MakalianPalma Paciocco

Colin SchulhauserLéonid Sirota

Staff WritersNick Dodd

Alison GlaserRyan KirshenblattOlivier Plessis

Staff CartoonistLaurence Bich­Carrière

Cover ArtistIsabelle Cadotte

IN THIS ISSUE...3... The Sunshine Article

4... Professor Leckey: Anunlikely “bon père defamille”

4... M. Leckey: un prof pascon!

6... Reckless Interviews:Professor Richard Janda

9... Canada’s Potential inthe Fight Against HIV/AIDS

10... LSA General Elections2007

14... Les aventures duCapitaine CorporateAmerica: “Portrait chinois”

14... Field Trips

15... Qui sont les “yeuxbridés”?

16... Les aventures duCapitaine CorporateAmerica: “Dernier conseil”

Plaidoyer pour laplaidoiriepar Caroline Briand (Law IV)Co­Rédactrice en chef

Je vis présentement les derniers miles de mon bac en droit.Malgré quelques moments de stress intense (« Pourquoi je n’aipas choisi le bac en arts plastiques ? »), voire de frustration

(« Dites­moi que je rêve ! Sortez­moi d’ici, quelqu’un ! ») ou plusrécemment, de saturation (« J’ai presque hâte d’être auBarreau ! »), ce fut un cheminement très intéressant et hautementapprécié.

L’une des choses dont je garderai le meilleur souvenir est sans doutel’expérience de la plaidoirie. Outre ceux obligatoires de première etde deuxième année, j’ai également eu la chance de participer à unmoot interuniversitaire. Je me suis follement amusée à chacune deses occasions, ce qui n’est sans doute pas étranger au fait que j’aibénéficié, à chaque fois, d’excellents partenaires.

À ma grande incompréhension, j’ai croisé beaucoup de gens aucours des dernières années pour qui la plaidoirie ou le litige n’ontabsolument aucun intérêt, ou pour qui la plaidoirie n’est qu’en soitune expérience désagréable, voire même carrément humiliante. Est­ce la rigueur du « modèle McGill » de plaidoirie, ou encore du coursde méthodologie qui rebute mes confrères, ou s’agit­il d’un malaisequand au fait d’étaler ses connaissances devant ses pairs ?

Je n’en sais trop rien…

Je sais toutefois qu’il y a différents styles de plaideurs, et que l’ongagnerait, de façon générale, à souligner ce fait. J’ai eu récemmentl’opportunité de « boucler la boucle » de mon expérience detribunal­école, en co­jugeant des plaidoiries de deuxième année.Chacun des quatre plaideurs (et plaideuse – vous vous reconnaîtrez)a donné une très bonne performance, chacun à sa manière, defaçon naturelle et personnelle, sans se soumettre à un carcan formelqui ne leur convenait pas. De mon impression (et de celle, je crois,de mes estimés collègues sur le « Banc »), ils se sont tous donnésà fond dans l’exercice, et paraissaient, somme toute, s’être bienamusés.

Quant à moi, c’est là l’essentiel de l’exercice. �

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 exprimées sont propres aux auteurs et ne réflètent pas nécessairement celles de l’équipe du Quid Novi.

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MARCH 20 2007

The Sunshine Articleby Alison Glaser (Law II)

Afew weeks ago, my that you have to wear…what band was making fun of me clothes. It makes me thinkfriend lent me a book can I say, I’m bad at organiz­ for having lots of shoes. I that perhaps my problemwritten by the people ing that kind of stuff. A legal told him that 10 pairs, includ­ was not her influence, but

from What Not to Wear. It’s argument about the implica­ ing boots and sandals, was really just that I am lazy.(unsurprisingly) about how tions of a man who steals not a lot. He didn’t believeto dress oneself properly so chocolate aboard a coast­ me. I told him to ask the I am lazythat everything fits and looks guard ship – no problem. Re­ women at work. I was vindi­ It takes so much effort togood. At the beginning, there membering to bring little cated when the first two he look like a lady. I like myis a list of items that “every sock things – for some rea­ asked said they had about 60 sweatpants! I like my sweat­woman should own”. I, liter­ son I find this difficult. Sigh. and 50 respectively! He has shirt! Oh well, I guess Ially, own about 4 things off never said anything to me should just suck it up. Andthat list. And that’s when my I spill stuff all over my­ about shoes since (sixty pairs the consolation is that I donew quest began: I need to self of shoes???!!!! What do you look puuuuurty in the nicestart trying to look like a lady. You may have noticed as a do with them all?) clothes… � See, I think maybe being a running theme throughoutstudent for so long has in­ these articles that I am You get the third degreefected me. I tend to wear somewhat clumsy. How at the faculty if you wearjeans and running shoes a much worse to be clumsy nice clotheslot. But, damn it, I will soon when you are wearing nice “Are you mooting or recruit­ LAW JOKEbe a professional so I should clothes? I live in a constant ing” is what I get all the time CORNERstart to get used to the idea. state of fear that I will rip when I try and look nice. Se­No judge will ever take me something or spill something riously, how is a gal sup­seriously if I show up in court or otherwise damage the posed to get from schlumpy A lawyer was getting fittedwearing my law sweatshirt. beautiful and expensive stuff to lady if every time she for a suit at his tailor's of­However, there have been a I am wearing. wears a skirt she gets bom­ fice. As he was standingfew snags in my quest, barded with questions by there, he decided to havewhich, for your amusement, I hate shopping every person she meets? some fun with the man. "II will share with you: I can usually stand about 2 What is wrong with us that guess our jobs are pretty

hours of shopping at a max­ we feel the need to con­ similar," said the lawyer.I am completely inca­ imum. But finding really nice stantly question someonepable of walking in high clothes that look good on who is just trying to make an The tailor remainedheels you and fit you properly effort here and its really hard silent,so the lawyer con­I now own two pairs of gor­ takes time. I just bought my because she is genetically in­geous lady­like high­heeled first ever suit. It is beautiful disposed to do this!!!! tinued, "What I mean isshoes. They are beautiful. and I love it with a passion that we're both in theThey are swish. And I walk that borders on the frighten­ My mother is cooler than same business ­ makinglike a flamingo on crack in ing. But to find this suit I had me suits. And both of our suitsthem. Even though they are to try on about 85 different This isn’t really a reason why end up in a court of law."not super high and are well items of clothing. While there I don’t look like a lady, it isbalanced and so on, I just was a certain amount of Bar­ just upsetting. My mom was The tailor said nothing,look dumb all the time. Part bie­doll fun, it was also in­ always a hippie­flower child but continued measur­of the problem, I think, is credibly tiring and required kind of person. She never ing, so the lawyerthat they are not designed to much tea afterwards in order wears make­up or high heels added, "Of course, Ibe worn in conjunction with to replenish the spirit. It took or anything, which is part of went to college and thena backpack that includes more effort for me to find a the reason why I am so inept law school for sevenone’s laptop and Evidence suit than to find a man (liter­ in that department. However years to learn how totextbook (note to self: look­ ally – my husband and I in the past few years she has make my suits."ing like a lady probably in­ were set up for our first gone from hippie­earth­

mama doctor lady to funky "Yes," said the tailor, "butvolves buying a bag…). Also, date).doctor lady. She has these when I make a suit, it onlyseriously, having to remem­

ber to bring them with me Amusing side anecdote dark purple streaks in her costs you a few hundredand then change into them As you can probably guess funky grey hair that look dollars."in school and to put my from above, I am not the awesome. She has theseboots away and to remember kind of person who owns lots amazingly cool glasses. Shethose panty­hose sock things of shoes. One day my hus­ wears these really good

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QUID NOVI

Professor Leckey ­ An unlikely bon père de familleby Sean Hutchman (Law III)

Many students in Pro­ famille. This term seemed grade ideas have the uncom­ that Professor Leckey is afessor Leckey’s Family apt, given that we are in fortable habit of returning as bon père de famille, considerLaw course are upset. Family Law and in many the next big thing. this alternative hypothesis.

Indeed, that is an under­ ways the professor’s relation­ Perhaps this recent episode,statement. They are in­ ship to his students is analo­ If one had to characterise which on its face is nothingcensed, dumbfounded and gous to that of a parent to Professor Leckey’s professo­ more than the arbitrary exer­offended. Why, you ask? Be­ his child. So, has Professor rial/parental attitude, one cise of power by an insecurecause almost half of us failed Leckey been a bon père de might call it tough love. From patriarch, is in fact a verya short writing exercise for famille in both senses of the this perspective, the purpose clever test. Like those fa­what seem to be minor for­ term? of his harshness is to teach mous psychology tests inmatting indiscretion, and in us the ways of the world. which test subjects routinelythe process have half a let­ By contemporary liberal stan­ That is, that the world is un­ deny the plain truth in orderter­grade deducted from our dards of parenting Professor fair and that the sooner we to conform with the views offinal mark. For example, de­ Leckey would find himself understand that, the better. the group, Professor Leckeyviant margins ­ Professor outside the mainstream atti­ Educational theorists also is testing our ability to speakLeckey eschews the standard tudes to child rearing. Ar­ refer to this method as up against injustice. OrMicrosoft Word format ­ and guably most people sadism. The theory goes that maybe he is conducting athe use of paper clips as op­ nowadays agree that prais­ anyone who is to succeed in class simulation of what it isposed to staples were both ing a child’s strengths is the this world ought to be ex­ like to be an oppressed mi­grounds for failure. (Perhaps surest way to a confident, posed to contempt from a nority. Indeed, in some waysa Freudian could shed some happy and capable adult. young age in order to Professor Leckey’s formalisticlight on the dark psychic Clearly Professor Leckey will strengthen their character. A approach to marking ­ andsymbolism of the paperclip in have nothing to do with that shining illustration of this is the resulting sense that jus­Professor Leckey’s child­ approach. Before we con­ the British public school, and tice is a Kafkaesque night­hood?) demn him for his alleged cal­ anyone who has had the mare ­ allow us as students

lousness, let us see if there pleasure of meeting the to understand what it wasAs I contemplated my mem­ is some hidden wisdom in his product of such a system like for same­sex couples tobership in the happy cohort attitude. After all, we are cannot doubt its virtue. The be given formalistic, cir­of Family Law failures I asked McGill law students at the in­ only trouble with such crea­ cuitous reasons for being de­myself whether Professor tellectual vanguard, able to tures is that they make one nied legal recognition. SurelyLeckey was being reason­ shake off the most en­ feel ashamed for still having such a brilliant teachingable, or, to borrow the quaint trenched orthodoxies. And, feelings to suppress. strategy deserves praise.civilian term, whether he was much like bellbottoms, we all Now if only we rememberedacting as a bon père de know that apparently retro­ If you still aren’t convinced what praise felt like… �

M. Leckey: un prof pas con!par Marguerite Tinawi (Law II)

Chers condisciples du français… la louange! Ok, de recevoir un travail écrire une lettre? Parce çaDroit, comme d’habitude, sanctionné par l’admirable défoule, ça fait sortir le

j’exagère. D’abord, tous les mention FAIL. Pas sympa de méchant. Et une fois que leC’est fou ce que ça fait plaisir Français ne sont pas des se faire dire en quatre lettres méchant est couché surde vous écrire pour autre Raleurs­nés. Ils le qu’on est con. Et ça ne papier (sur écran), on peutchose que pour critiquer ou deviennent tous à quelques console pas beaucoup de dormir en paix.me lamenter! Car même si le exceptions près, mais ça savoir que la moitié de laRâlage, sport national des c’est une autre histoire... classe l’est également. Alors Eh bien, apparemment,Françaises zé Français, (pour Secondo, je vais louanger, qu’est­ce que j’ai fait? J’ai pendant que j’écrivais madonner du piquant à votre certes, mais pas pris ma plume pour vous lettre, la myriade de FAILlecture, déclamer l’apposition démesurément. Juste ce qu’il écrire une lettre (traduction empêchait quelqu’un d’autrequi précède « à la Chirac »), faut pour vivre en paix avec pour la génération de dormir en paix. Cettedonc bref, même si le Râlage mon ADN. livre@faces : « j’ai pris mon personne, c’est notre prof deest étampé quelque part portable, ouvert Word et droit de la famille, M. Leckey.dans mon code génétique, je La semaine dernière, vous tapé une lettre»… avouez Il a dû être étonné ensuis ravie de pouvoir l’aurez remarqué, j’étais pas que c’est bien moins corrigeant nos travaux.m’adonner à l’anti­sport contente. Normal, je venais romanesque). Pourquoi vous « Autant de cons dans ma

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20 MARS 2007classe, c’est impossible! » consignes étaient A moins de proposer aux belle philosophie que celle des’est­il dit. Et pourtant, la parfaitement « légales ». M. étudiants un travail de la rédemption. Ben oui, c’estpreuve était sous ses yeux : Leckey n’était pourtant pas rattrapage! Bien entendu, ils merveilleux une philosophie19 étudiants n’avaient pas complètement rassuré. Il n’auront pas droit au HIGH où les cons ne sont pas consrespecté les consignes. Ce savait bien que les étudiants PASS, mais au moins, ils à vie!qu’il demandait n’était ne seraient pas satisfaits par auront la possibilité de sepourtant pas sorcier. Des la décision de la Grande racheter et d’obtenir un Alors, chers condisciples dumarges d’un pouce, par Sage. Il savait bien qu’ils PASS. Voici la solution à cours de droit la famille,exemple, ça prend un clic de commenceraient à se laquelle parvint M. Leckey et cette fois­ci, ne faisons passouris et c’est fait. En plus, il plaindre, à critiquer, à écrire qu’il présenta à ses étudiants les cons. Soyons intelligents,les avait prévenu, ses élèves. des lettres… Il fallait le cours suivant. et respectonsIl leur avait écrit dans le plan absolument qu’il fasse scrupuleusement toutes lesde cours: « I will penalize quelque chose. Mais quoi? Eh bien moi je dis WOW! consignes!you for noncompliance ». Impossible de changer les WOW parce que M. LeckeySouligné et en gras. Plus clair méthodes d’évaluation en n’a pas adopté une attitude PS : j’aimerais faire icique ça on meurt! cours de semestre. je­m’en­foutiste face au amende honorable à ma

Impossible de changer les désarroi de ses élèves. mère qui, sa vie durant, aComme toute l’affaire résultats. Impossible de WOW parce que M. Leckey a tenté de nous inculquer lesl’embêtait bien, M. Leckey promettre aux cons qu’ils trouvé une solution concrète bases de la politesse... às’est dit qu’à cela ne tienne, auraient une excellente note qui par­dessus tout lui commencer par éradiquer deje vais aller consulter la à l’examen final. Ça ne impose plus de travail de notre langage des motsGrande Sage. En sa qualité laissait pas beaucoup de correction. comme « con »… � de Grande Sage, la vice­ choix…doyenne jugea que les WOW parce que c’est une

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he Faculty of Law Human Right Working Group onHIV/AIDS and Public Health Presents:

INTELLECTUAL PROPERTY AND ACCESS TO TREATMENT:HOW CAN PATENT LAW WORK FOR PUBLIC HEALTH?

How s Canada contr but ng to the g oba strugg e aga nst HIV/AIDS and other pubhea th prob ems? W Canada amend ts access to treatment eg at on to makework? R chard E ot, Deputy D rector of the Cand an HIV/AIDS Lega Network andchard Go d, Execut ve D rector of the McG Centre for Inte ectua Property w be

on campus to d scuss the re at onsh p between patents and pub c hea th and whatwe can do to ensure that patent aw s a too for pub c hea th..

Date: Monday March 19, 2007Locat on: Thompson House basement, 3650 McTav sh Street

me: 6:30­8pm, w th w ne and cheese to fo ow.

Sponsored by HRWG, MGAC, and MIHI/McWHOIf you have any quest ons p ease ema thomas. pton@ma .mcg .ca

QUID NOVI

Reckless Interviews: Professor RichardJandaby Ryan Anderson (Law III)

Who are these people to the need to affirm princi­ Kant’s categorical imperative tive identity to gatheraround us? Who is ples and to the acknowledge­ to the Final Solution. The around. Yet on the otherteaching us? Why ment that they produce protagonist asserts ­ not hand if we really believed in

are we so lucky? I want to something other than what without cynicism ­ that the heightening of the partic­know more. Like a young lit­ we affirm. everything been done by the ular, that we should seek out,tle lamb I love to see how SS, every directive being in our particular identities,these academic titans who Hmmm. This seems to relate worked through, is in fact a how justice should be doneso powerfully yet gently cup to your work with gover­ precise application of the to and through us, whyour minds in their hands nance (both corporate and categorical imperative. One would we bother bindingcame to the space they cur­ environmental)…but please must simply substitute the these differences into a fed­rently inhabit. I find it both say more. What does it have will of the Führer for some eral entity? So there is thisinspires me and loosens me to do with law? transcendental principle. wonderful ambivalence inup, reminding me that every­ Nazi Germany grounded the federalism. At its root is theone’s journey is uniquely There are impenetrable categorical imperative in the idea of foedus ­ covenant ­ atheir own, and I’ll always states when we reach para­ “Volk” instead of in a nebu­ term laden with religious sig­take more of that. Please, dox, great tension and con­ lous metaphysics, and was nificance. A covenant in­comments, ideas, questions fusion ­ I think that jurists thus able to make it more volves bringing thefor profs or whatever to in­ flee this experience. They real and active for ordinary incommensurable together ­stantanderson@gmail.com. want, even as a matter of people. Ultimately the bu­ God and man, general willKeep rocking in whatever creating their own identities, reaucratization and rationali­ and particular identity. I usedway you do, and in the to have well­defined, well­ zation of killing targets and to believe when I was a stu­meantime check out Profes­ mapped out conceptual outcomes married Kant’s dent that if we could justsor Janda. Amazing. spaces within which to func­ clear maxim of reason to the come up with a perfect the­

tion. Yet it is precisely that most atavistic and horrific of ory of federalism we’d findThe other night at the Law effort at creating pristine human tendencies. THE mode of governance.Journal talk you asked Mr. conceptual spaces that is one Such thinking was in the airMacklem about causality, of the main justice­degener­ I’ve long been under the in the 70s and 80s whensomething about the unfore­ ative moments. It’s been dif­ shadow of Kant in my own people were engaged in theseen consequences of our ficult for me to come to thinking. I have in most of project of renewing thebest efforts. It seemed that terms with this because it my work sought a pristine, Canadian constitutionalyou wanted to acknowledge, runs counter to most of my principled architecture for framework. So when I’ve re­channel, and limit the almost own efforts. law ­ and here I face an SS turned to federalism of late,inevitable negative effects in jurist tearing the edifice it’s not so much in search ofeverything we do. Thoughts, I’ve read “the Force of Law” down…. a perfect constitution, butplease. by Derrida, which explores rather to engage in reflection

this idea. But I need more. I I see many links here. Your on the fundamental prob­I used to have a strong, irra­ love this. work on Federalism, the na­ lems posed by the idea oftional identification with the ture of the nation­state, the federalism itself.capacity of reason to address Well I’ve been confronting a hidden violence in all affirma­and resolve all challenges remarkable book called Les tions, whether they are Very complex.and paradoxes. The task was Bienveillantes. It’s about a 30 called “Canada” or a legalto elicit and apply the right year­old jurist, a doctor of principle…. I have trouble with the wordset of principles. I have come laws with a strong back­ “complexity” in this context.to see more recently that ground in philosophy, who is I’m glad you see connections It suggests that if only weevery principle we affirm, a rising official in the SS dur­ in things. I worry sometimes could “get the bottom of it,”every pristine institutional ing the extermination of the that I simply have odds and then we could create somearrangement we erect, is it­ Jews. The book is an attempt ends of dilettantish excres­ legislation, for example, addself both the deposit of to work through the interac­ cences to my life… But to a few bells and whistles andatavistic tendencies (hidden tion between the rationality federalism. If we really be­ solve the “complex” prob­violence) and the source of and deeper irrationality that lieved that we could have a lem…but I am talking aboutunaccounted for past and fu­ made the Holocaust possible. single forum in which justice something beyond intricateture injustice. The difficult I had a minor epiphany when is to be “done,” federalism pathways and connections:task for the jurist becomes to the protagonist is asked by would not make sense. We the recognition of more fun­establish a relationship both Adolf Eichmann how to apply would simply assert a collec­ damental paradoxes and in­

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MARCH 21 2007commensurabilities….For ex­ample, think of Quebec. Onefascinating thing about livinghere is that we are con­fronted both with national af­firmation and the efforts tobuild links between andacross diverse communities.We live both of these realitiesat once and an elimination ofeither of them would be ille­gitimate. There will alwaysbe unresolved claims, needsand concerns here….

Kind of like when you’realive.

Yes. I am tying to get pastliving these paradoxes asanxiety, tension, concern,and tumult, but rather assomething that we learn torelate to….

So no pristine federalist ar­chitecture on a national level.Fine. But hopefully you’vefigured out a workable formof global federalism, right? Imean substitute UN forCanada, Canada for Que­bec…. Then we could allhave a global identity, andnot be so exclusionary!

I’m drawn to the idea thatnon­identity makes somesense as a starting point forthinking about global gover­nance. We need to havepoints of reference for justiceclaims that are not rooted inexclusive and exclusionaryidentities. Yet we must rec­ognize that when we placesomething on that plane weare erasing something of jus­tice. For example, considerIndigenous peoples. We can­not even sense or identifytheir justice claims unless weacknowledge the particularityof the identities they seek toprotect. We can’t have su­pervening non­national jus­tice without acknowledgingthe ways in which this canerase and occlude identity.

Hmm. Does this harken back

to Macklem at all? I’m alsoreminded of Fox­Decent’s callfor the free movement ofpeoples…(see fantastic inter­view Quid).

Evan is an inspiration. I cer­tainly appreciated howPatrick Macklem linked inter­national human rights claimsto the injustices that flowfrom sovereignty. He envi­sions international humanrights not so much as a claimto universal justice (likeKant’s categorical impera­tive), but as a makingamends for the exclusionfrom resources and concen­tration of power enabled bythe central role internationallaw gives to the nation state.It is a restitution being madefor the shortcomings of sov­ereignty. I do not think therecan be a precise causal linkbetween sovereignty and thequantum of damages arisingfrom the injustices to whichhuman rights norms re­spond. Nevertheless, sover­eignty renders thoseinjustices possible.

So all this is exciting but kindof stressing me out and re­minds me…I went throughthis period where I wasdoing Yoga and meditatingall the time. I felt like I wasbeginning to understand whyhard­core religious folk suchas the Jains or Mountainstyle monks minimize theirdoings in the world. Ithought hey, maybe this sitand just think good thoughtsover a tasty bowl of rice is agood thing, cause its hard tomess things up. No unin­tended harm, etc. Any ad­vice? Maybe you hung out ina monastery too….

There is a famous Czechcomedy troupe that has con­structed an imaginary figure,Jara da Cimrman, claimed tobe the great unknown, un­sung genius of the late 19th

century. For example, Cimr­

man is the one who advisedEiffel to bend the tower, andhe came within 7 metres ofbeing the first person to theNorth Pole ­ but unfortu­nately ran right past it. Cim­rman, by the way, wouldapparently have won a re­cent contest to name themost influential Czech of alltime, but there were officialprotests. It turns out thatCimrman’s contribution tophilosophy was the theory ofExternism, which is the op­posite of Solipsism. It positsthat there is only an externalworld and that Cimrmandoes not exist. The self canbe portrayed as a hole thetissue of existence. Thestretching and contracting ofthe absent self is its presencein the world. The philosophyof Externism is a lovely elab­orate joke, but it does notenable us to be in the world.

Ok. So…If you could bringanyone back from the dead,who would it be? FreddieMercury?

Theodor Adorno. He wasworking on a text revolvingaround justice before he diedand I have the feeling thathad he finished it I wouldhave found it inspiring…Heexplored an invaluable con­cept ­ the “non­identical.”Every time we assert and af­firm, as a final moment ofsynthesis, we are alwaysleaving out the “non­identi­cal”­ that which stands in re­lation to the identical. Thishas enormous significancefor theories of justice, asevery effort to do justice asan affirmation will alwayscontain an absence, this oc­cluded moment that is thenon­identical, the unac­counted for, that which doesnot quite line up. I’d love himto finish his book.

You went to McGill as a stu­dent as well, right? How hasMcGill changed, both for the

good and bad over youryears here? Yes, you have tocover bad as well.

When I came to the Facultywe had quite a cliquish anddivided student body. Wehad some students who en­tered purely as common lawstudents, others only as civillaw students…there was alsoa clear divide between theFrancophone and the Anglo­phone groups…so I had thesense of being part of manyclasses instead of one, andthis felt very fractured. Oncethat generation of us whowent through the old pro­gram started playing withpower, we imagined a newkind of class identity. Wethought it was a bad thing tohave students imprinted withone identity the momentthey started, because oftenthe first year student deter­mined both social groupsand indeed how one sawoneself as a jurist (“I’m aCivilan” or “I’m a CommonLawyer”). We wanted ananti­imprinting principle.That is where the contempo­rary structure comes from….

Any unforeseen fallout to thisshift?

Yes. One of the not fully an­ticipated implications of thishas been the default and im­plicit orientation of the pro­gram to New York City. Thatthis has happened to a “cos­mopolitan” legal education isa lovely little metaphor forthe ambivalence of globaliza­tion. Whereas we used tohave graduates followingclearly demarcated separatepaths ­ those identified as acivil lawyers committed toQuebec from the beginningfor example ­ now there is anoutside, alternative futurethat many more studentsfeel compelled to pursue. Ina sense New York firms havebecome the superveningchoice, the most “globalized”

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QUID NOVIchoice… I have misgivingsabout this.

I love talking about us stu­dents. In much of what yousaid above about the “non­identical”, the incommensu­rable, the paradoxical…itmakes me think of theshadow self that Jung talksabout. If we do not relate tothe shadow self it festers andbecomes dangerous and in­advertently controls us,rather than infuse our liveswith a sense of depth. Deny­ing the shadow we are one­dimensional, though thisdenial cannot last foreverand have dire consequences.A painting is also its negativespace. Music needs silence.

The first year experience re­veals the danger of beingtoo…affirmative. We aretrained to make strong affir­mations in our legal argu­ments, and to go after themwith mental aggression. Butonce pushed, we can makethese affirmations in almostany direction, on both sidesof an argument. While thismay be a prized technicalskill , it can also give rise tovertigo. One can emergeschizophrenic­ moorings canbe lost. What is not presentin our training is the ability toenter into relationships withideas and feelings that arenot affirmations.

This absence brings out deepirrationality. We’re in “apenumbra of affirmation”here, an affirming space.We’re told “you have alllearned to succeed, to proj­ect yourself into careers, toget from point a to point b.”We deal little with exploringnegative spaces and ab­sences. Yet we can’t person­ally translate everything intolitigated outcomes or new in­stitutional arrangements ornew rules, we won’t be ableto organize and structure ourlives in that fashion…so it’s

8

as if the anxiety and the psy­chosis (if I can use that nastyterm) of this place is linkedto participation in an affirma­tion­generating machine.Since everything is so clearlyorientated towards affirma­tions, our psychoses are un­conscious rumblings of whatis absent in affirmation.

We should all do a doublemajor in the arts. Acting,maybe. Onward­ What wasthe most chaotic situationyou’ve been in? And peace­ful, tranquil and harmonioussituation?

The most chaotic situation isright now; the most harmo­nious is the prior chaotic sit­uation the chaos of which Ihave forgotten.

What is your relationship toprocrastination?

Could we please put off thisquestion?

Describe your usual state ofmind in less than five words.

Tormented.

What do you think of on­linedating?

I think that people are com­ing to believe that they canturn on and off intimacy inthe way that they turn onand off a multiplayer videogame or multitask in and outof Second Life. I have beenstruck recently by examplesof people logging out of inti­macy as if the person in frontof them had been alt­shifted.Maybe on­line dating willallow a further elaboration offetishized, consumer portfo­lio management of relation­ships.

Who is your favouritepoet/philosopher/thinker?

Poet: toss­up now betweenPeter Weiss and Robert Littell

Philosopher/Thinker: Derrida

Do you have a vision of thefuture? Is your life aboutbuilding something (if yes,what) or do you make it upas you go along? Little bit ofboth?

My vision of the future is agreat book on justice, whichI am trying to make up as Igo along and mostly fleeing.

What was the craziest situa­tion you worked in?

Articling: being asked todemonstrate that a matterlay within federal jurisdictionand then, having succeeded,being asked to show that itlay within provincial jurisdic­tion.

Your greatest fear? Hope?

My greatest fear is meaning­lessness. My greatest hope isintimacy. And after givingsuch a serious answer, I suc­cumb to an even greaterfear, which is ridiculousness,and an even greater hope,which is sympathy.

In your eyes and experience,what is the most significantstruggle going on today?

The struggle to fill the ideo­logical void left by commu­nism.

What is your favourite word(not for all time, but youknow…generally, thesedays)?

Ambivalence. �

Motion to create the LSA CLUBSAWARD

Whereas the LSA is already attributing three different kinds ofawards to students for their contribution to the Faculty commu­nity (PATRICIAALLEN AWARD FOR PARTICIPATION, ALANNEIL ASSH AWARD, LSA GRADUATING STUDENT AWARD);

And whereas no award is dedicated specifically to clubs andstudents groups, who significantly contribute to the Faculty

community;

I move to create the LSA CLUBS AWARD, describedas follow:

The LSA CLUBS AWARD was created by the LSA to rec­ognize the contribution of clubs and student groups in thesocial, cultural and intellectual life of the Law Faculty. It isawarded to any club or student group, up to a maximumof three (3), who have made outstanding contributions tothe Faculty community through the organization of events

and activities in the year of the award.

The award will be awarded by the Awards Committee, inconsultation with the VP Clubs and Services.

20 MARS 2007

Canada’s Potential in the Fightagainst HIV/AIDS

Seven months ago at theInternational AIDS Con­ference in Toronto,

hope and fervour werestirred up by the strength ofAfrican grandmothers, a no­table celebrity presence,powerful protests, and inspir­ing speeches. Amidst the en­thusiasm, however, severaldelegates including StephenLewis, former UN SpecialEnvoy for HIV/AIDS in Africa,heavily criticized the Cana­dian government for itsHIV/AIDS policies and forfailing to exploit its tremen­dous ability to lead the worldin combating the pandemic.

Canada could play a crucialrole in the fight againstglobal HIV/AIDS through astatute passed in 2004 calledCanada’s Access to MedicinesRegime (CAMR). CAMR wasintended to implement theWorld Trade Organization de­cision that affirmed that gov­ernments can usecompulsory licensing forHIV/AIDS treatments andother essential medicines.Through CAMR, compulsorylicences would require phar­maceutical companies toallow Canadian generic man­ufacturers to producepatented drugs at low costfor export to developingcountries in need. Compul­sory licensing is an essentialstep in the fight againstHIV/AIDS in the developing

world.

Immediately after the legis­lation was enacted, DoctorsWithout Borders attemptedto produce and export a newfixed­dose HIV/AIDS drug,APO­TriAvir, through theCAMR process. Yet almostthree years later, not a singlepill has been produced. Dur­ing this time, more thanseven million people havedied of AIDS—roughly equalto the combined populationsof the Vancouver andToronto metropolitan areas.

Criticism of CAMR’s ineffec­tiveness forced Health Minis­ter Tony Clement to order animmediate review of the leg­islation in November lastyear. The review process it­self is shrouded in uncer­tainty. It remains unclearwhether the Industry, Sci­ence and Technology Com­mittee responsible for thereview will hold public hear­ings or if they will take pri­vate oral presentations frominterested parties.

Completing this review with­out making the changesneeded to improve access toessential medicines would bea monumental failure. Toavoid such an outcome andthe impact it could have forthe millions living withHIV/AIDS, it is critical thatthe decisionmaking behindthe review process be trans­

parent. The Canadian gov­ernment has, in the past, in­cluded many unnecessarybureaucratic hurdles not re­quired by the WTO. Thesehurdles have rendered CAMRpractically inoperable. Someof these obstacles include,for example, a two­year limiton licences (which gives in­sufficient time for genericcompanies to tweak, pro­duce, and distribute drugs),a limited list of drugs eligiblefor production, and noamendment procedure tomodify quantities when theneeds of patients change.Parliament must addressthese and other issues inorder to streamline the pro­duction and the delivery ofessential medicines to thosewho need them most.

We can make CAMR work.The outcome of this reviewtranslates into a differencebetween life and death formillions of people in the de­veloping world. Canada iswell placed to produce someof the life­saving drugs thatother countries with differentcompulsory licensingregimes, such as India andBrazil, cannot. Under a re­vised CAMR, Canada wouldbe able to produce key drugsat a much lower cost thanthese other countries and filla large void in the productionof essential medicines.Canada need not attempt to

become the world’s largestessential medicines manu­facturer in order to have abig impact. Providing evenjust one or two crucial drugsor combination therapies atlow cost would mean ahealthier future for millions inthe developing world.

The immense possibilities forCanada’s role in the fightagainst HIV/AIDS begin withCAMR. We need to makesure that we maximize thispotential. Tell your MP aboutthe importance of a soundreview process that properlyaddresses deficiencies in thelegislation. Remind him/herthat pending the outcome ofthe review, the lives of mil­lions hang in the balance.And tell him/her that you areproud that Canada will havea deep impact on theHIV/AIDS pandemic. �

The authors are members ofthe Human Rights WorkingGroup on HIV/AIDS and Pub­lic Health at the Faculty ofLaw.

9

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ACTUALLY HAS AN ADDRESS

QUID NOVI

LSA General Elections2007

The LSA general elections will take place Wednesday,March 21st, at the Porter’s desk.

The following blurbs were submitted by candidates. Theblurbs of the acclaimed candidates follow.

Given the delays associated with the publication of theQuid, this list might not be complete. The complete list will

be posted next to the polling station.

Running for …

Président de l’AED / LSA President

Andrew Biteen[No statement submitted.]

Hilary Johnson

Après avoir travaillé un an entant que VP Interne de l’AED, jesuis confiante de pouvoiroccuper le poste de Présidenteavec enthousiasme etp r o f e s s i o n n a l i s m e .

I am qualified, competent and dynamic. Communication withstudents, firms and administration is essential for presidency;I am completely bilingual and have the skills required to runthings smoothly. Maintaining a good relationship with lawfirms and McGill Security are just a couple of ways in whichmy communication skills have come in handy this year.

As a member of the Curriculum Committee, and in my rolesoverseeing Orientation and coordinating Coffeehouses thisyear, I have extensive hands­on experience in the LSA.

I know the other VPs mandates well. Being familiar with theother VPs portfolios will allow me to lead and support theteam efficiently.

Merci et votez pour Hilary pour Présidente de l’AED!

VP Academic / VP Académique

Maha Hussain

Now that first year is nearlyover, I’m amazed at how muchour lives in the Faculty havebeen shaped by academicconcerns (for better and for

Élections Généralesde l’AÉD 2007

Les Élections générales de l’AÉD auront lieu mercredi, le 21mars, au Porter’s Desk.

Les textes de présentation suivants ont été soumis par lescandidats.

En raison des délais liés à la publication de la présenteédition, cette liste n’est peut­être pas complète. La liste

complète sera affichée près du bureau de vote.

worse). Most of us are unaware of the various forums withinthe Faculty where stuff impacting our academic lives isdiscussed. As your VP­Academic, I’ll try to change this. I wantstudents have a strong voice in the Faculty’s academic affairs,including course selection, course offerings, and curriculumoptions. I’d represent your interests vigorously in matters likethis, and advocate with the Administration to ensure yourneeds are being met. Those of you who know me know thatI’m a thoughtful and committed person who would work veryhard on your behalf. If elected, I promise to serve you well.Thanks for voting. Do what’s right for you.

Léonid SirotaLike most, if not all, of you, Ifind certain things about theLaw faculty need to be im­proved. Who wouldn’t like tochange the apparent random­ness of grades and the dispro­portionate amounts of timespent on legal meth and get rid

of schedule conflicts between compulsory courses? Aprèsavoir passé deux ans à me plaindre, j’ai décidé de fairequelque chose pour tenter de changer la situation. Leschangements que j’aimerais accomplir sont importants, et ils’agit probablement d’un travail de longue haleine. However,I am confident that I can provide an articulate and thoughtfulvoice to make our concerns heard and make our stay at thefaculty a more enjoyable one. This is why I am asking you tovote for me as VP Academic. Thank you! Merci!

Juho SongIf elected VP Academic, it willbe my personal mission toensure the transparency ofacademic affairs through openand honest dialogue betweenstudents and the faculty. I wantto know about your concerns,and I will do my best to

represent the student voice to the faculty. My friends, I kidyou not, I will bring it!!

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MARCH 20 2007

En tant que représentant des étudiants au sein du FacultyCouncil et de l’AÉD, je connais bien le fonctionnement del’AÉD et de la faculté d’une manière générale. Je voudraismettre mes connaissances à votre profit, en tant que VPacadémique, pour faire entendre vos doléances de manièreconcrète et effective.

Please vote JUHO SONG for VP Academic! Merci bien!

VP External / Externe

Eric van EykenHaving served as both an SSMUVice­President and as anexecutive officer in theprovincial education lobbyindustry, and having developedlinks with faculty associationsacross the campus, I think I amuniquely suited to acting as the

LSA’s contact person with the other student groups of McGilland the province. This year, I was involved with the LawBridge Club, serving at Coffee House, and travelling toLondon to compete at Law Games. Some of my pastaccomplishments include successfully working to increasesMcGill’s provincial funding by 1 million dollars in both 2005­2006 and 2006­2007 through lobbying the Ministry ofeducation, pushing forward the importance of a federaltransfer for education though both lobbying and protestefforts (likely to be included in the next federal budget),bringing McAuslin beer to McGill (rather than Molson), andengaging in numerous political, cultural, academic, and socialactivities across campus since 2002.

Ali KhanC’était avec grand plaisir que jeme présente au poste de VP­Externe de l’AÉD. I bring to thisposition a solid portfolio ofexperience in studentrepresentation. I havepreviously served as VP­Academic, Faculty Councilor,and Chair of the Student

Caucus at Glendon College, York University. I currently serveas law Faculty Councilor. Mais, j’ai plus qu’un CV! Je suisune personne qui s’engage avec passion. As VP­External, Iwill work to strengthen our faculty’s relations with thegreater McGill community and other law faculties in theprovince. Moreover, I will ensure that the voice of McGill lawstudents is well represented in the student movement atlarge. J’aimerais contribuer au gouvernement étudiant en ypartageant mes compétences, surtout en trouvant lesmeilleurs moyens pour nous défendre comme étudiant(e)s.Representation on the LSA is a privilege we hold as students.Join me in ensuring this privilege is not taken lightly!

Hinda RabkinKnow where Shatner is? Wantto own up to the McGill logo onyour sweatshirt? Allow me torepresent you as your VP exter­nal to the greater McGill com­munity. I am motivated andenergetic and eager tostrengthen ties between our

faculty and the McGill administration and general studentbody.

VP Finance

Jack FattalI am ready to take on a veryimportant role at the LSA, in­cluding responsibility for plan­ning the budget, helping clubsplan finances and refundingthem for their expenses.

Relevant experience:B.Comm in Finance at Concordia UniversityPresident – Finance Students’ Association, ConcordiaLed group of 10 executivesManaged annual budget of $10,000Organized events promoting the finance industryPrograms Officer External – McGill Business Law Associa­tionOrganized and promoted 6 highly successful educationalevents this year with fantastic student turnoutPresident – Jack Enterprises Inc.Planned the finances of a company with eight bank ac­counts in multiple currencies

Thanks for your vote!

Eric SvobodaMy name is Eric Svoboda and Iwould like to be your VPFinance. Why will I make agreat VP Finance? I am trustworthy and very comfortablewith numbers. You will be ableto feel secure that your moneywill be handled in an efficientand effective manner. It will be

my pleasure to plan the LSA budget for the 2007/08academic year and stick to it in addition to helping clubs plantheir finances and distributing reimbursements. I am alsovery approachable, and welcome anyone who will stop me inthe halls or write me an email about any of their concerns orquestions about LSA or LSA clubs financing.

11

QUID NOVI

VP Internal / Interne

Lauren Chang MacLeanthe job.The position of VP Internal isone of social organization andpromotionShe oversees / organizesOrientation, Coffeehouse, LawParties, social events &f u n d r a i s e r sShe manages / developscontracts with food & beverage

suppliers & secures permitsShe works with the VP Public Relations to promote events

my experience.PR & Corporate Event Manager, TIME Supper Club 2006­7Federal Liberal Party FundraiserVP Events, Parti Libéral du Québec (McGill)McGill Charity Cancerball Fundraiser / Organizer

my ideas.I would look forward to continuing unique & vibrantcoffeehouses & funky law parties chez Lolita. Last year’sOrientation was a smash & I envision 2007/8 as even moresuccessful, with increased upper­year participation & plentyof activities to keep new students engaged. I would like tohold a major fundraising event uniting students,administration, professors, firms & community organizationsfor an evening of dinner, dancing & performances to benefitour faculty.

Alexandre Forest

l

l

Je m’appelle AlexandreForest et après un an passéà siéger sur le Conseil de’AÉD en tant que Présidentdes Premières Années, j’ai eu’intense illumination qu’ilfallait que je reste sur ceconseil, mais cette fois entant que membre de

l’exécutif. Why did I choose the VP Internal position? I thinkit’s the position that fits me best. During all the present year,I worked under Hilary’s orders at almost every sponsorisedCoffeeHouse. En observant l’habile manière qu’elle avait degérer chaque situation, j’ai songé que je serais moi­mêmecapable de déployer une telle logistique. Furthermore, Iwould like to add a little something to the initiation time. Ithink that by adding emphasis on friendly competitive games,we would create a good atmosphere between new studentsand would stimulate meetings of all kinds. En fin de compte,je peux vous assurer que j’exécuterai mes fonctions avecefficacité et enthousiasme et serai toujours ouvert auxsuggestions.

12

Third Year Class presidents (2 positions)

Seth EarnIf elected as a Third Year Class President I promise to takemyself no more seriously than I do now. However, Ithoroughly enjoy complaining and will happily, and seriously,take your complaints, suggestions, ideas, dreams and evennightmares (as long as they aren’t too creepy) to whomeverwill listen. In all seriousness, I would be happy and proud tobe a voice for our class to the LSA and Faculty. And we canplan a few events too, except for skating. Well, that’s nottrue…we can plan it, but I won’t go. Because I’ll fall...a lot.

Lilly A. Lo Manto[No statement submitted.]

Kiran Singh

3

Why I would be a great 3rd yearClass President… Well I amindeed a law student; I havevarious really heavy books toprove it. And I will in fact be inrd year next fall, unless I really

get on Thomas’ bad side☺.

In all seriousness representingyour views is very important to

me. If we were all HEARD there is no telling how much ourfaculty environment would improve.

In addition to ensuring that we continue to have activities tofoster our sense of community, I would make sure you arekept abreast of changes that can affect you, and that youhave your ‘say’. Many of us will be tackling recruitment; asthis will be a stressful time the need for banding together iseven stronger, as President of the 3rd year class I will help usachieve that.

Vote for SINGh and be HEARD!

The Following candidates have been ac­claimed

VP Administration:

Rachel SévignyHey All! Bonjour a tous!

Si tu veux une LSA­experiencedmember of your student bodypour vous representez sur LSAas VP ADMINISTRATION, votezfor me! Vous avez votez pour

moi for the post of Faculty Councillor in the fall semester andI fulfilled my mandate like no other! I know the innerworkings of the l’AED et ca va être merveilleux if I could do

20 MARS 2007

it all over again as Vice President Administration! VOTERACHEL POUR VP ADMINISTRATION! Thanks and Merci!

VP Athletics: Ata Kassaian[No statement submitted.]

VP Clubs and Services:

Megan Cowan

I

Hey, everyone!A lot of you may know me as“Newfoundland Megan,” and

am running for Vice­President Clubs and Servicesof your Law Students’Association. I look forwardto helping clubs plan andorganize activities andfundraisers that will help

improve life around the Faculty. Avec deux ans d’expériencecomme membre exécutif de l’Association des étudiantsd’Histoire de Memorial University, je suis entièrementconfiante que j’ai l’enthousiasme et les compétencesnécessaires pour avoir beaucoup de succès à ce poste. VoteMegan for VP Clubs and Services, and I’ll see you at Coffee­house!

VP Public Relations:

Claude Lévesque

Second Year Class presidents (2 positions)

Lisa SmithDear soon­to­be second years,Please vote for me for 2nd YearClass President so I can startplanning events for next year! Iwill host a class meeting inSeptember to hear yourconcerns and identify solutions.Je veux être votre liason au AEDet s’assurer que vos opinions

seront entendus au sessions du conseil. Bonne chance avecvos examens et n’oubliez pas de voter !

Matt Hendy[No statement submitted.]

Fourth Year Class Presidents (2 positions)

Paul (Pavel) Matrosov

l

Salut! I am Paul (Pavel)Matrosov and I want to be yourclass president for the nextyear. I will bring fresh ideas tothe student council. I will alsoisten to and carefully consideranyone’s suggestions, and

implement them as best as I can. I am aware about currentstudent issues and concerns as I have been serving as amember of the Judicial Board. As your class president, Iwould work with the other class representatives to not onlyorganize a highly enjoyable graduation ball, but also to hostinteresting class activities based on the input that wereceived this year.

Make the right choice — vote for me!

Merci beaucoup!

Jeffrey SpiersWhy hello there my fellow soonto be former law students.Most of you hopefully know meby now, seeing as how we’vespent three years together inthis place. If not, well, I guessthat is my fault since I haven’texactly kept a high profile;apart from fairly regular

attendance of coffeehouse and almost as regular attendanceof classes, I’ve been keeping things pretty low key. Anyways,as 4th year class president I plan to do all the things 4th yearclass presidents do: keep in touch with the LSA, talk to thoseof you who are still around next year, deal with graduation­related issues, attend coffeehouse diligently, steal officesupplies, revel in my awesome power, etc... You know, theusual. Oh yeah and I’ll be here for the whole year.

Jeffrey Spiers

13

QUID NOVI

Les Aventures du Capitaine CorporateAmerica: « Portrait chinois »par Laurence Bich­Carrière (Law III)

Field TripsBy Olivier Plessis (Law II)

Some moments in life touched your arm just so.feel more real than oth­ers. “Real” can mean Most of life is not real. It’s a

anything, but everyone can well­coordinated pattern fordescribe a real moment in passing the time. Those mo­their lives where the world ments where the pattern isstands still and something is broken is what we all lookilluminated. for, whether we know it or

not. Drugs alter our sensesReal for me is 15 years old and momentarily make sureand obsessing over a girl. the trains don’t run on time.Delusional, sentimental, pre­ Music shakes our bones andoccupied, but real. Real is forces us to step out of line.falling asleep at night con­ And romance can overthrowcocting a million plans to do the entire system. It doesn’tsomething impressive the even have to be sexual,next day when you see her. though that helps. There isReal is having hope because no greater threat to the sta­she laughed at your joke or tus quo than two people trip­

14

ping over each other. Whena sliver of a glance in eachother’s direction sends nerv­ous systems into action, howineffective the barrel of a gunseems; how meaningless ca­reers and money and towingthe line become.

Life would not work if it werealways real. Real would be­come routine and soon rou­tine would be the escapefrom real. It would be a con­stant orgy of intensity, andabsolute pleasure never feelsas good as release frompain; walking outside withouta jacket in March feels better

for walking with one in De­cember, January, and Febru­ary.

But that doesn’t mean stay inthe cave at all times. Takefield trips more often. Beblinded by the light. What­ever “real” is to you, I saysuccumb to it, even seek it.The human mind is limitedbut still feels limitless whenits fires are stoked. When Ifeel 15 and consumed, Ihave enough energy to rein­vent the world. What mightwe accomplish if we let our­selves be consumed moreoften? �

MARCH 20 2007

Qui sont “les yeux bridés”?By Albert Chen (Law III)

Last week, PQ leader and fine the meaning of words, French. Now is a good timecandidate for the pre­ the ones who use it and While there are several prob­ to start getting used to usingmiership Andre Boisclair don't find it offensive or the lematic aspects of this state­ phrases such as “Asiatique”,

refused to apologize for people who find it offensive? ment, the most striking is “Québécois d’origine Asia­using the term “les yeux The Chinese Canadian Na­ that most of the people of tique”, or “Asiatique­Ameri­bridés” in referring to people tional Council has called for Asian descent Mr. Boisclair cain”, which are much moreof Asian descent. Mr. Boisclair to retract the saw at Harvard were not accurate and accepted

statement as has McGill Law people who were born andThere are a couple of prob­ alumnus and former Bloc raised in Asia, but rather Finally, it is also important tolematic things about Mr. Quebecois candidate May Asians who were born or recognize that Mr. BoisclairBoisclair’s intransigence: Chiu. Perhaps these words raised in Dallas, California, has taken steps to welcomeFirst, he fails to recognize were not offensive in the Montana, Brooklyn, Mon­ diversity into the Partithat people of Asian descent past precisely because none treal, Vancouver, etc. By not Québécois during his leader­find this term offensive. of its targets were either em­ distinguishing properly ship. We would all prefer to

powered enough to protest among “les yeux bridés”, his remember Mr. Boisclair asMr. Boisclair defends himself or because of the lack of meaning rests on wrong as­ the one who made a mistakeby saying that the French consciousness about these sumptions, and in the end he which gave offence, butand English connotations of issues. Fortunately, les temps seems to be saying that all showed his ability to grow bythis term are different and by c h a n g e n t . Asians are alike and foreign, apologizing for it. � pointing out that he has even those who have beenoften used this term in the Second, the context of this born and raised in Northpast and has never been statement shows that Mr. America. While it is possiblechallenged on it. He himself Boisclair’s conception of who that this is not what hefinds it inoffensive. I don’t is Quebecois excludes people meant, his message to those Comments?doubt the sincerity of Mr. of Asian descent. The con­ students in Trois­RivièresBoisclair, however, discrimi­ text in which Mr. Boisclair ends up being that Quebec Jokes? Rants?nation doesn't have to be in­ used the phrase shows how students are going to have to Academic opin­tentional to be it is used to exclude people compete against “les yeuxdiscrimination. In discrimina­ of Asian descent. He used bridés”, which include people ions? (Just kid­tion matters, you don't have the phrase when speaking to of Asian descent who have ding!)to be conscious that what a group of students in Trois­ been born and raised in Que­you are doing or saying is of­ Rivières about global compe­ bec. It implies that evenfensive for it to be wrong. tition from Asian economies those Asians among us are Write to theBoth Jean Charest and Mario like India and China and the foreign, no matter if theyDumont miss this point when number of young people who speak French with a Quebe­ Quid!they attempted to justify leave these countries to pur­ cois accent. At the very least,Boisclair’s comments as not sue studies in the United the lack of precision in hisbeing ill­willed. I would argue S t a t e s . language shows that he has­ quid.law@mcgill.cathat the phrase has the same n’t given serious thought tomeaning in English or “I was surprised to see that how he frames his points. The deadline in onFrench, and if the connota­ on campus, about a third of Thursdays at 5:00tions are different, then this the undergraduate students This laxity in word choiceis only because some peo­ had slanted eyes," Mr. Bois­ may come back to haunt him pm.ple’s attitudes have not yet clair said, talking about his if he gets elected. Like for allchanged with the times. This time at Harvard University. the candidates, increasing Please remember tois a good opportunity to “They're not going to work in trade with other countries is send your submis­point out to everyone that sweatshops. They're people important. Apologizing now sions in a .doc for­this phrase is not longer ac­ who will later work as engi­ will avoid Mr. Boisclair havingcepted. Ignorance is not an neers, managers, and will to apologize if he becomes mat, and yourexcuse, and mistakes should create wealth. They're peo­ premier and has to meet pictures or ads in abe apologized for once they ple who will innovate in their with dignitaries from Asia .pdf format.are made known. countries. There is ferocious who may find being called

competition in the world “les yeux bridés” offensive,In addition, who should de­ t o d a y . ” whatever its connotations in

15

�

QUID NOVI

Les Aventures du Capitaine CorporateAmerica: « Dernier conseil »par Laurence Bich­Carrière (Law III)

16