The Quid Novi MONTREAL, QC
MCGILL UNIVERSITY FACULTY OF LAW - FACULTÉ DE DROIT DE L’UNIVERSITÉ MCGILL
45 02 19 SEPT 2023
LETTER FROM THE EDITOR The Christie Bike Ride Pablo Mhanna-Sandoval | 2L
“Even hiking up Peel Street could not dampen my optimism on [Saturday morning]… I was en route to the law Faculty, where I would meet fellow students, staff, and community members for the annual Christie Bike Ride.” I pulled this excerpt from my first contribution as a Quid Novi columnist, published all the way back in September 2022. I had found the Christie Bike Ride, an annual fundraiser for local legal clinics, so enjoyable that I had to spread its gospel to my peers. With this year’s edition coming up on Saturday, September 23, I feel the need to continue to share the good news. The good news is simple: the Christie Bike Ride is both good fun and for a good cause. All members of the McGill Law community–especially 1Ls–should participate.
The fundraiser is indeed good fun. Starting at the Faculty, riders will snake down towards downtown Montreal and then onto the Lachine Canal and the river. Two route options are planned this year: 35 km and 50 km. Lunch is even provided, but participants are encouraged to bring along snacks for the ride. The fundraiser is also for a good cause. McGill Law students founded the Ride in 2009 to honour Dugald Christie, a McGill Alumnus and Vancouver-based lawyer. An advocate for marginalized communities and an avid cycler, in 2006 Christie began a cross-country cycling trip to raise awareness for access to justice issues. While he intended to reach Ottawa to convince policy-makers of the need for justice system reform, he was tragically
CETTE SEMAINE... INSIGHTS
4 | MCGILL LAW V FROSH 2023
- THE CASE BRIEF A Recap of: “Law-Watch, Alerte sur Peel”
7 | IF THESE WALLS COULD TALK
13 | THE ATHLETE PAY ISSUE
Questionning the narative of overpaid pro athletes
struck and killed by a vehicle four months after the start of his journey. This year– the 15th edition (!) of the Christie Bike Ride–all proceeds from registration and additional donations will go towards the legal clinic of Le Centre des réfugiés. What’s better than a morning of biking, eating, and sightseeing–all while raising money for a good cause–with friends and colleagues? On a cosmic scale, not that much. Register here or using the QR code, and the Quid will see you there!
COMMUNAUTÉ 2 | FROM THE GELBER
New Additions at the Law Library
3 | BLAST FROM THE PAST Overheards
Critical Race Theory Under the Watchful Eyes of Sir Wilfrid Laurier
3 | MEET THE QUID
12 | GREEN-CARPETED AND
5 | MEET THE QUID
WHILE MARBLED GLORY A visit to Montreal’s Palais de Justice and the Québec Court of Appeal
Souang Wu
Camille Duhaime
6 | WELCOME BACK WITH ASTROLOGY ANNE
Vol 45 ● No 02
FROM THE GELBER New Additions at the Law Library Ana Rogers-Butterworth
Welcome back, law scholars, to another promising fall semester at Gelber Law Library! As you step back into its hallowed halls of legal knowledge, you’ll notice a few exciting changes that are bound to enhance your study experience. First on the list is the return of the big round desk, a true relic from the library’s inception. Crafted by the original architect, Dan Hanganu, this piece of furniture has found its way back to its rightful place after a brief hiatus. With its spacious surface, it’s the perfect spot for diving deep into those extensive term projects that await you.
tion drop-in hours will be available Monday to Friday, from 10 a.m. to 4 p.m. Simply head to the circulation desk and request assistance. Our dedicated team of librarians and extensively trained research assistants will be on hand to help you navigate your inquiries. Additionally, the Citations Committee will be holding office hours on Mondays and Wednesdays in the second-floor study room, from 1 p.m. to 2:30 p.m. If you have questions or need clarification on citations, this is an excellent opportunity to get expert advice. A crucial reminder for all library users: respect for personal space is of paramount importance. In a 24-hour operation like ours, it’s vital to be mindful of how your presence might affect others, particularly during those latenight study sessions. Keep in mind that security patrols are in place, and McGill’s Walk Safe Program is readily available should you ever feel the need for assistance.
QUID NOVI • 19 SEPT 2023
Another noteworthy development is the relocation of the Gelber classroom display board to a more prominent position in the lobby. This move ensures that you’ll always be in the loop about library services and upcoming events. Make it a habit to check this board regularly for updates that could prove invaluable to your academic journey
In an exciting development, we would like to announce that Shirley the bunny, occasionally spotted nibbling grass behind the library, has had a baby. They were both seen several times this summer, however out of respect for the minor we are only sharing a photo of Shirley.
Lastly, please note that there is no eating in the library. Take a study break and go get a snack, but be respectful of other students and keep your food outside the library. Looking ahead, mark your calendars for November 6th, when we’ll be hosting a workshop on “How to Use Chat GPT for Your Law Degree.” This timely event promises to provide you with invaluable insights and assistance just in time for finals. Don’t miss out on this opportunity to gain an edge in your studies! For those seeking research guidance, our research ques2
I am eagerly anticipating the sight of familiar faces both in the library and, for some of you, in your classrooms. Let’s make this semester one filled with growth, learning, and success. Welcome back, and here’s to a brilliant academic journey ahead! Research Questions? reference.law@mcgill.ca
BLAST FROM THE PAST Overheards Too shy to have your name associated with something that will be kept forever in the Faculty archives? Become inspired by a longstanding Quid tradition and submit your anonymous overheads to us. These examples come from a January 2013 edition.
MEET THE QUID Art Director Souang Wu | 3L
nity while getting my mind off my studies through a more artistic output. Q: What did you do before McGill Law? A: I studied in Health Science at Champlain College Saint-Lambert, an anglophone cegep. I graduated in December 2020 and worked until the summer at two part-time jobs.
Q: Where are you from / where have you lived? A: I was born in Montreal, but I am now living in Candiac, a city on the Southshore of Montreal. Q: What drew you to the Quid? A: What drew me to the Quid was its layout editing position because I wanted to contribute to our commu-
Q: Quel était ton cours préféré avant de commencer à la faculté de droit? A: Mes cours préférés étaient les cours de philosophie et de biologie. On peut dire que j’aime comprendre et analyser les différentes structures de nos vies. Q: Qu’aimes-tu faire quand tu n’étudies pas ? A: If I am not studying, you’ll most likely find me in the gym or paddling with my dragon boat team. I also enjoy painting, cooking, jogging, and spending quality time with friends and family.
Q: As-tu un quartier préféré à Montréal? A: C’est difficile de ne choisir qu’un quartier, car chacun à son charme et des souvenirs chéris que j’y rattache (oui, même Hochelaga-Maisonneuve). Après de longues réflexions, je dirais que mon quartier « préféré » est le coin de Verdun/Côte Saint-Paul à cause de sa paisibilité, sa chaleur accueillante, ses bons restaurants et cafés, ainsi que le nombre d’activités physiques qu’on peut y pratiquer. Coureurs, cyclistes, patineurs à roues alignées et pagayeurs longent le canal. Q: Où aimerais-tu travailler dans cinq ans? A: Je ne me suis pas encore attardée sur cette question et je n’ai pas toujours pas une vision claire de ma direction. Je vais simplement profiter de chaque moment de mes études et aller où mon cœur me mène. 3
Vol 45 ● No 02
MCGILL LAW V.AFROSH 2023 - THE CASE BRIEF Recap of: “Law-Watch, Alerte sur Peel” Jessica Keer Li | 2L
Most law schools and jurists (and my parents) will boast to anyone and everyone that the experience of going through law school is a profoundly important and transformative one. They say it hones critical thinking skills, teaches effective written as well as oral communication methods, and forms skilled professionals in both legal and non-legal domains. But how does a clueless incoming student, in three and a half years, transform into this “Legal Professional with Honed Critical Thinking Skills and Effective Written and Oral Communication Mastery”?
QUID NOVI • 19 SEPT 2023
One month and one full year into my “transformative experience,” I have yet to possess the key to go magically from “Amateur Writer with Pretty Strong Ideas, But Who Tends to Irrelevantly Go Off-Path into Artistic Flourishes” to “Serious Legal Scholar.” While it may be hypothesized that the countless hours all law students must spend bent over doctrine and case law advances one towards that “Serious Scholar” status (and probably towards an urgent chiropractor appointment as well),
the main takeaway from my 1L experience with readings has nothing to do with the substantive law contained in course packs, but everything to do with a method of learning substantive law; i.e., via the benefit of case briefs and reading summaries. While the importance of studying judicial decisions, dissecting civil code articles and analyzing philosophical musings on said judicial decisions and civil code articles cannot be understated in a formalistic legal education, there is a whole other side to law school that must not be overlooked: the informal legal education one accumulates from joining clubs, partaking in on-campus activities such as the Christie Bike Ride or even by attending the weekly Coffeehouses. Unfortunately, unlike the constitutional narrative of the Crown, we law students are not divisible into multiple entities to delegate and fulfill our tasks. As such, it is okay to sometimes resort to Pubdocs or CanLII Connects in order to enjoy events occurring outside of textbook pages, just as it is okay to occasion-
ally have an actual pint of (ginger) beer with friends rather than read about snails in ginger beers. Frosh is the first escapade in a string of unorthodox tutelages a newly minted 1L can gain from during their time at the McGill Law. This year’s Frosh, themed “Law-Watch, Alerte sur Peel,” was impeccably organized by Pénélope Labbé, our VP Special Events, and was “one for the books” (please appreciate the irony of the expression after my tangent on escaping the constraints of law readings). Since I’ve just digressed over multiple paragraphs about the utility of case briefs, it is only appropriate that this Frosh recap comes to you, dear reader, under the form of a - not so brief - case brief. Facts: Day one: On Wednesday, August 30th, 2023, a hundred and fifty-three 1L students, thirty-five frosh leaders and our ten LSA members gathered for the first time at Parc Jeanne Mance under their respective team flags, pledging allegiance to either Turtle Patrol, Sunblock Warriors, Sunbeam Squad, Beach Bums, Sand and Serves, Beachside Sippers or Wave Riders for the upcoming five days of Frosh activities. On that rainy afternoon, flags were made, dances were choreographed and performed, obstacle courses were bolted through, and volley pong was played. In the evening, heated debates were had, and debate duo extraordinaire composed of Anna Sas and Marie Jolicoeur-Becotte, in their victorious sweep, secured the Tower Twelve Tactician trophy presented by Tory’s. Day two: Frosh began by introducing the first Coffeehouse 5 à 7 of the year. Fasken graciously served beachy cocktails, tropical décor adorned
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the walls, freshly fried poutine was offered, and networking was done. To end the night, Froshies headed to CEO Karaoke in a daze of impressive dance moves and off-key singing. Day three: The third day of Frosh consisted of a scavenger hunt. Froshies plodded through the streets of Montreal while accomplishing various challenges, ranging from eating an entire jar of pickles (juice and all) to walking through a water fountain while holding an egg in a spoon. The hunt concluded at Parc Jean Drapeau, where Froshies sipped “refreshments” from iconic Piknic Électronik buckets. Day four: On Saturday, all teams reconvened from their respective pre-drinks to undertake the Pub
Crawl, culminating in the afterparty at Sir Winnie’s with a DJ in a room exclusively reserved for the group. Day five: The grand finale to Frosh occurred at Navark Private Island in a glitzy evening of beachy-chic attire and charming water views. After a tasty BBQ dinner and eloquent speech by the two BLG lawyers present, the prize of Best Frosh Leader was awarded to Josh Singer Johnson and Best Team Spirit to Beach Bums. Issue: Was Frosh 2023 an absolute success? Holding: Yes (unanimous majority decision). Reasoning: Everyone had a blast. Ratio: Law school is indeed a trans-
formative experience, but not only in its capacity to transform law students into “Legal Professionals with Honed Critical Thinking Skills and Effective Written and Oral Communication Mastery.” Law school’s transformative power also lies in the meetings it facilitates through events such as Frosh, where like-minded and not-so-like-minded people can come together to create unforgettable memories and build genuine relationships with each other. True magic lingers in the transformation of a group of randomly assigned law students into “Unpretentious Friends who Can Laugh and Reminisce About That One Time one of them Walked Shirtless and Barefoot through a Decorative Waterfall in the Water Fountain of a Public Park While Balancing an Egg in a Spoon.”
MEET Layout THE QUID Editor Camille Duhaime | 2L
Q : D’où venez-vous / où avezvous vécu ? A : Je viens de la ville du Grand Sudbury, dans le nord de l’Ontario. C’est là que j’ai vécu jusqu’à ce que j’ai commencé mes études en droit ici à Montréal.
in high school, which I really enjoyed, and I thought this would be a similar way to stay up to date with what’s happening around the faculty. I also really like how this newspaper gives students a creative outlet and an opportunity to discuss and debate their ideas. Q: What did you do before McGill Law? A: Before starting law school, I worked at my local art gallery and studied political science and philosophy at Laurentian University. Q: Quel était ton cours préféré avant de commencer à la faculté de droit? A : Il est difficile de choisir un cours en particulier, mais j’ai beaucoup aimé étudier la philosophie politique et les questions liées aux droits de la personne.
Q: What drew you to the Quid? A: I was on the yearbook committee
Q: Was law school a dream come true or a happy accident? Do you want to be a lawyer? A: I don’t remember a time in my life where I didn’t want to be a
lawyer, so coming here has definitely been a dream come true Q: Qu’aimes-tu faire quand tu n’étudies pas ? A : À part le fait de regarder excessivement la télévision, j’aime lire, me promener à travers la ville et faire des achats impulsifs. J’aime aussi jouer aux cartes et aux jeux vidéo avec mes amis. Q: Do you have a favourite neighbourhood in Montreal? A : It’s only been a year that I’ve lived here so I feel like it’s too soon to say, but I really enjoy taking walks in the Old-Port, especially at night. Q: Où aimerais-tu travailler dans cinq ans? A : J’aimerais beaucoup trouver un emploi à Sudbury lorsque j’aurai terminé ici, afin de me rapprocher de ma famille.
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Vol 45 ● No 02
WELCOME BACK WITH ASTROLOGY ANNE Astrology Anne | 2L
Aquarius, you are in for quite the week, so stay on guard. Not only will your secret crush be eyeing you from across the atrium at coffee house. BUT most important, you will be surprised by an impromptu acapella performance of The Little Mermaid’s “Part of Your World” by Dean Leckey and Prof. Gélinas, which Prof. Gélinas will conclude by handing you one of his prized pocket squares. It will be a week you didn’t necessarily want or even think was possible, but it will be exactly what the soul needs. Pisces, surprissssse, your long-lost child will show up in the faculty AND even more WILD is that they are a CEGEPER! Good thing you took family law so you will know all your rights as a parent! This may be a tough week, but you’ll make it through. Aries, to yeet or be yeeted. This is your week to decide your fate, Aries. Whether it is deciding between a regular latte or a PSL, deciding to join #BIGLAW or continue to live like a broke student, or drunkenly phoning your ex, you have some big choices this week. Before you go off changing your life, make sure to check in with a friend because they will have important insights that may change your trajectory. Taurus, this is going to be quite the week for you. You are screwed. Do with that what you may. Gemini, do you want to hear the good or bad first? On the not-so-good side, sadly, you will kill all your house plants over 17.4 hours. Yet, on a brighter note, you *will not*
break a sweat walking up Peel. All in all, not a bad week. Cancer, lucky you! As you walk through the faculty, you will catch ONE of the new professors in the faculty practicing the newest TikTok trends because they want to stay up to date with what the #youths are doing. Leo, your upper-year crush is going to ask you out in class! Other than the fact that they aren’t in your class (so the context of it all is a little strange), it is going to feel like you are living in a teen rom-com on Netflix. Will it be more The Summer I Turned Pretty or High School Musical… only time will tell! Virgo, COURSE AUX STAGES HAS CHANGED…but only for you. Instead of the normal 5 à 7s and coffee chats, you will have to participate in a two-week-long obstacle course, including a full body workout and mudslinging competition. This is only a trial phase; it is yet to be determined if this is better than the normal process. Feedback is encouraged. Libra, you are extremely lucky this week. Prof. Adamski will gift you his entire wardrobe. Your wardrobe will now be based on the cooooooolest and low-key hipster style of Prof. Adamski. It’s the wildin’ socks for me. Scorpio, if you are a 1L this will be a hard pill to swallow. Welcome to law school, and law school examzzzz. Surprise... there is a new rule in town for you 1L Scorpiosss. You will be unable to use the letter “e” on future 1L exams. The SAO is still figuring out how this will work but give them 2-5 business years to get back to you (said in love, the stars appreciate your hard work, SAO).
QUID NOVI • 19 SEPT 2023
Sagittarius, your bestie is going to get bangs. OH NO, the travesty! This will be a HUGE test of your friendship, do you tell them that their new haircut looks like Coconut Head from Ned’s Declassified (please search up if you were not blessed with growing up in the 2000s), or will you tell them that they are “bringing sexy back”? May the odds be ever in your favour. Capricorn, a SNAIL is going to steal your favourite spot in the library! Even worse, it is a med student, who thinks they are morally superior to us all because they are, ya know, “saving people’s lives” just like #Grey’sAnatomy. Don’t worry, you, on the other hand, a 3L who just summered in Big Law in M&A in Toronto, will *also* do meaningful work. In particular, 2-3 years after you burn out on Bay Street and finish paying off your student loans, you will go work for an NGO in your hometown in rural Saskatchewan and use your #McGillLaw education to challenge systems of power. Hope you find another seat in the Gelb, sending you luck! 6
IF THESE WALLS COULD TALK Critical Race Theory Under the Watchful Eyes of Sir Wilfrid Laurier Nicolas Kamran | 4L
For stigmatized groups [...], assuming a mask is comparable to being “on stage.” Being “on stage” is frequently experienced as being acutely aware of one’s words, affect, tone of voice, movements and gestures because they seem out of sync with what one is feeling and thinking. At unexpected moments, we fear that we will be discovered to be someone or something other than who or what we pretend to be.1
ine yourself a set designer. As the players strut and fret their way across the room, observe how the walls enable their performance. Notice how the walls themselves become an audience to the play, a set of posthumous gazes fixed upon worlds they could scarcely imagine. When you put up walls like this, what kind of stories do you want to tell? Whose visions are you bringing to life?
…
My stage is Room 202 of New Chancellor Day Hall, a set that I will inhabit for some sixty hours this term. Some of these hours I will spend staring at one wall in particular. It is on your right upon entry and displays on the side closest to the class lectern the distinctive and familiar portrait of a young Wilfrid Laurier. The picture is dated to 1874, at the very outset of his 45-year tenure in the Canadian House of Commons. He is recently thirty-two years old but looks, to me, quite younger. A black necktie is fastened around a crisp white shirt, complete with a closely cut black suit jacket. The features by which we would come to know him later in his life are just as prominent: his resolute, pensive, watchful eyes; the slightly pursed mouth; the marked indentation between his nose and upper lip. The way he is posed, and his general youthful air, are somewhat reminiscent of Montreal poet Émile Nelligan. For reasons that I do not yet fully understand, I also have the distinct impression of having known several people who looked exactly like him in high school. There is a proximity to his portrait that comes through to me and my experience. I feel that he poses no threat to me as an audience member. Sitting in the classroom under his gaze is not, for me, an “emotionally wrenching experience.” I know his face as the five-dollar bill, his name as a street and metro station. They cannot hurt me. I do not feel “unsafe” or anything of the sort at the mention or sight of Sir Wilfrid Laurier, least of all in Room 202 of New Chancellor Day Hall.
Sitting in the cavernous classrooms […] under the stern gaze of patrician jurists was an emotionally wrenching experience2.
What I feel is disappointment, some measure of alienation, and the slight notion that I am not taken seriously in a place that I genuinely love. The 1874 Portrait of Sir Wilfrid Laurier that hangs in NCDH Room 202.
Can you see the stage? Look at it carefully and imagMargaret E Montoya, “Mascaras, Trenzas, y Greñas: Un/Masking the Self While Un/Braiding Latina Stories and Legal Discourse” (1994) 15:1 Chicana/o Latina/o L Rev 1 at 14. 1
2
Ibid at 24.
I want to start with love, for only love can give disappointment its proper meaning. The truth is, as much as I hesitate to say this about any institution, that I love the McGill Faculty of Law. Its walls and corners and desks and chairs and ceilings and windows and elevators are infused with the meanings I have given them over the past three years. Its people count among them my most cherished friends, people I consider kin. In its walls, I have cried tears of joy and anguish, fallen asleep and in love. In a quaint and crowded 7
Vol 45 ● No 02 bar on Crescent Street I watched my classmates bear their souls through verse at those soirées de poésie du Club de poésie et de botanique. They floored me with their words, each line arresting me in their vulnerability and power. I have worked closely with professors whose contributions I thought I would only ever get to admire at a distance. I have written some twenty-thousand words in this very publication. I have found and lost and rediscovered the things that are important to me. The assumptions underlying my thoughts have been thoroughly excavated, unearthed and laid bare and examined. This is to say that I have tried to follow the command of Euripides inscribed on the wall outside the Nahum Gelber Library 3, and that I have endeavoured to understand the literal, tangible implications of what it means to “Leave no stone unturned.”
QUID NOVI • 19 SEPT 2023
Allow me to let you in on a little secret. Not long after the library was constructed, a classicist pointed out a spelling mistake in the original Ancient Greek inscription outside the Gelber. It was therefore decided to extract the stone carrying the error, flip it around, and engrave the proper letters on the other side4. On some level, the literal walls of this Faculty have borne witness to a core intellectual insight—basic but replete with meaning: The stones upon which our home is structured must be turned over all the same. The call to leave no stone unturned is certainly a call for adventure and enquiry, but it is also a call to re-examine the stones upon which we stand, the stones fortifying the walls around us. This, I think, is a loving act. I turn over the stones around me to guard against their erosion and decay. I tend to these stones knowing that should the structure collapse, I will no doubt be caught in the debris. Let us return to Room 202. It is somewhere between 8:35 and 10:00 on a Tuesday or Thursday, and some twenty students are talking about race and racialisation. The very existence of this class at their university was the fruit of a small, dedicated social movement—a group of students and professors yearning for a space to critically engage with social and legal constructions of racialisation, a place to learn and apply the concepts and methods associated with Critical Race Theory (CRT). For the past two weeks, these students have been thinking about how to situate themselves on these lands within and beyond the Canadian state. They have been discussing how racialisation both enables and stems from processes of nation-building. The wall outside the Nahum Gelber library reads, “πάντα κινῆσαι πέτρον – Leave no stone unturned – Remuer ciel et terre.” 3
They have put their minds towards understanding how specific forms of colonialism overlap and converge, and what decolonisation accordingly demands. They are cultivating a certain kind of intellectual disposition— one that systematically calls for a deeper engagement with law as a social construct. I am grateful to count myself as one of the students in that classroom and understand what we do in there as a natural extension of a transsystemic approach to legal education5. This class is one of the reasons why I genuinely love the McGill Faculty of Law. And yet I enter that class on Tuesday and Thursday mornings with the slight feeling that someone is playing a joke on us. The joke is not particularly funny, if you were wondering. It lacks subtlety—the irony of it all is too palpable. I mean, really? Was Wilfrid Laurier’s treasured portrait the ideal décor for a CRT seminar? Were we supposed to just ignore him? Was his portrait placed there on the assumption that we would not know who he was? As we deconstruct racialisation and the nation-state, how do we address the gaze of this atrociously racist man? At this stage, I have perhaps taken it for granted that the esteemed and learned reader of the Quid Novi knows who Sir Wilfrid Laurier was—though I doubt that you made it this far without some general idea of him. Let me be brief, then. Laurier was Canada’s seventh prime minister, serving an unbroken fifteen-year term from 1896 to 1911 under the Liberal Party’s banner. His reputation in mainstream historical discourse is essentially one of “compromise,” “centrism,” and “expansion.” As the first prime minister of French-Canadian descent, he often placed himself as the mending bridge between competing Francophone and Anglophone nationalisms at the outset of the Confederation. He is often credited with the promotion of “Western expansion” via the construction of transcontinental railways, and through his efforts at encouraging “immigration” to “populate” the West. He is also known, broadly, for defending a political outlook based on individual liberty and the virtues of free trade. Most importantly, though, he is a McGill Law graduate (BCL, 1864)—and considered by some to be among the “Greatest McGillians.” What is less covered in mainstream depictions of Laurier is his ruthless racism. This was a prime minister who was strikingly zealous, truly proactive, in his pursuit of racial subjugation. Those who praise Laurier for “expanding” and “populating” the West must also Do yourself a favour and read Adelle Blackett, “Follow the Drinking Gourd: Our Road to Teaching Critical Race Theory and Slavery and the Law, Contemplatively, at McGill” (2017) 62:4 McGill LJ 1251. 5
I found out about this anecdote in René Provost, Rebel Courts: The Administration of Justice by Armed Insurgents (Oxford: Oxford University Press, 2021) at xi. 4
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confront the brutal violence of that endeavour, and grapple with a more complete picture of Laurier’s stance on “immigration.” To list off but a few notable facts, Laurier heavily discouraged and eventually tried to ban Black migration to Canada at a time when Black people from the United States were fleeing the horrors of Jim Crow; instituted policies ranging from “Head Taxes” to outright propaganda campaigns aimed at curtailing Chinese, Japanese, and Indian migration to Canada; and greatly expanded the residential school system whilst suppressing government-reported evidence of their cruelty and deadliness. I could blacken pages with direct quotes from Laurier and his government, but I do not want to belabour the point. Sir Wilfrid Laurier is a pivotal character in the story of settler colonialism on these lands and a figure with an outsize influence on Canadian processes of racial oppression.
betrays them. A world in which we seek to transform the structures and dynamics that perpetuate racial oppression is not compatible with a world that celebrates the achievements of Wilfrid Laurier.
You are going to want to read this next sentence: I do not care about cancelling or deplatforming Wilfrid Laurier. I am not particularly invested in a comprehensive revision of his “legacy” and “stature” as a politician, nor am I interested in fully rehashing time-worn debates about historical monuments and social justice. If someone writes a response to this piece, I do not want them to argue that “Wilfrid Laurier was a man of his time” or that he had a “complicated legacy.” Lose the clichés. Engage with what is concretely at stake in Room 202. Let us situate this conversation at the heart of what it means to be a student at the McGill Faculty of Law—what kind of people we should aspire to be once we exit these walls. We have been taught to believe in the power of creative thinking, and that being sensitive to differences is part of what makes our contributions uniquely valuable in a globalised world. We have been told that a plural world demands a critical approach to law, one that foregrounds law as a social phenomenon, and accordingly looks to understand interactions between multiple legal traditions and normative orders. This is the basis for a transsystemic approach to legal education, the foundation of what makes McGill’s program unique and pathbreaking. I have bought into this approach and know that I am hardly alone.
***
If I have hesitated to remove his portrait as of now, it is for two reasons. First, I do not want to face disciplinary action for doing so. I do not want to be accused of “vandalism” or “defacing” the objects of this Faculty. When the portrait comes down, I do not want to need to defend myself any further. Second, I do genuinely want to convince the Faculty administration that it is also their responsibility to reconsider the appropriateness of displaying Laurier within these walls. I want them to think of the values that our Faculty seeks to uphold and act accordingly. I want them to look at the walls surrounding them and leave no stone unturned.
The cardinal sin of writing is to forget one’s audience. Who do you hope reads this? What do you want them to retain from it? I do not want to stray from the path of writerly virtue, nor wander off into ambiguity. Yet I cannot help but feel as though I am a constellation of half-formed thoughts and desires, velleity incarnate. All this is to say that writing this piece has been difficult. The first draft of this article was abrasive and prosecutorial and written in a spirit of frustration. The second was tamer and more conciliatory and written, frankly, in fear of the repercussions that the first draft would have incurred. This is something of a third draft, somewhat frustrated and somewhat fearful, not particularly conciliatory nor accusatory. It is, instead, curious. I have genuine questions that I want answered: What exactly will it take to convince Faculty administration to take down the portrait of Wilfrid Laurier? For whom is this portrait really displayed? To whose benefit? If we take seriously the values and modes of thought promoted by this Faculty of Law, how do you expect the portrait in Room 202 will make us feel?
With how we have been taught, how are we compelled to act? For me, the answer is relatively clear. What I have learned at the McGill Faculty of Law compels me to take down the portrait of Wilfrid Laurier in Room 202 of New Chancellor Day Hall. Reverence is not owed to our alumni on the mere basis of the power they wield and the heights they reach, but upon how they have conducted themselves in relation to the values we hold. We cannot expect perfect value symmetry and do not demand it—but if we should honour anyone, it should be those who have most embodied the qualities we want to forge in ourselves. In my estimation, Wilfrid Laurier does not embody these qualities. He 9
Vol 45 ● No 02 BOURSES D’ETUDES AJICQ L’Association des Juristes Italo-Canadiens du Québec (AJICQ) est un organisme à but non lucratif établi depuis 2003, dont les membres se composent de juges, avocats, notaires, professeurs et étudiants en droit, tous d’origine italo-canadienne. Engagée dans le développement de la formation juridique, l’AJICQ, offre annuellement 4 bourses d’études à des étudiants en droit d’origine italo-canadienne qui se distinguent par leur excellence académique. Description des bourses I. II. III. IV.
Une (1) bourse d’une valeur de $2,000.00 sera remise à un étudiant.e inscrit.e au Diplôme de Droit Notarial (DDN) au moment de l’ouverture de la période d’application, devant fournir ses résultats académiques de la 3ième année d’Université en droit ; Une (1) bourse d’une valeur de $2,000.00 sera remise à un étudiant.e inscrit.e au Barreau du Québec au moment de l’ouverture de la période d’application, devant fournir ses résultats académiques de la 3ième année d’Université en droit ; Une (1) bourse d’une valeur de $1,500.00 sera remise à un étudiant.e inscrit.e au niveau du Baccalauréat en Droit à l’Université, en 3ième année au moment de l’ouverture de la période d’application, devant fournir ses résultats académiques de l’année précédente ; Une (1) bourse d’une valeur de $1,500.00 sera remise à un étudiant.e inscrit.e au niveau du Baccalauréat en Droit à l’Université, en 2ième année au moment de l’ouverture de la période d’application, devant fournir ses résultats académiques de l’année précédente.
Conditions d’éligibilité •
QUID NOVI • 19 SEPT 2023
• • • • • • •
Être d’origine italo-canadienne et fournir une lettre de motivation incluant un bref historique de votre héritage italo-canadien ainsi que les éléments qui favoriseraient votre sélection ; Être inscrit à temps plein dans une Faculté de Droit ou à l’École du Barreau ; Fournir les résultats académiques requis ; Fournir une lettre de référence d’implication communautaire ; Fournir votre C.V. incluant vos coordonnées complètes ; N’avoir jamais été récipiendaire d’une bourse émise par l’AJICQ ; Soumettre votre application pendant la période spécifiée en respectant les délais ; Être présent lors de la cérémonie de remise des bourses le 13 octobre 2023 à la salle de réception Le Madison.
Période d’application et modalités • •
Les applications doivent être reçues au plus tard le vendredi 6 octobre 2023; Vous pouvez soumettre votre application par courrier ou électroniquement en joignant tous les documents requis à :
Me Angelo G. Iacono Vice-président de L’AJICQ 300-3131 Boul. De La Concorde Est Laval, QC H7E 4W4 514-823-7648 angelo@iacono.ca
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SCHOLARSHIP AWARDS AJICQ The Association of Italian-Canadian Jurists of Québec (AJICQ) is a non-profit organization established in 2003 whose members are composed of Judges, Lawyers, Notaries, Law Professors and Law Students of Canadian Italian origin. Committed to the advancement of legal education AJICQ is pleased to award four (4) annual scholarships to outstanding Law Students of Canadian Italian origin, who are distinguished by their academic excellence. Description of scholarships I. II. III. IV.
One (1) scholarship in the amount of $2,000.00 will be awarded to a student enrolled in the Diploma of Notarial Law during the application period, who must provide their academic results of 3rd year Law School; One (1) scholarship in the amount of $2,000.00 will be awarded to a student enrolled in the Quebec Bar School during the application period, who must provide their academic results of 3rd year Law School; One (1) scholarship in the amount of $1,500.00 will be awarded to a student enrolled in a Faculty of Law, 3rd year Law School during the application period, who must provide their academic results of the previous year; One (1) scholarship in the amount of $1,500.00 will be awarded to a student enrolled in a Faculty of Law, 2nd year Law School during the application period, who must provide their academic results of the previous year.
Eligibility criteria • • • • • • • •
Be of Italian Canadian origin and present a letter of motivation including a short introduction of your Canadian Italian heritage and elements to support your candidacy; Be a full-time student at a Law Faculty or Québec Bar School; Submit the requested academic transcripts; Provide a letter of reference for community involvement; Submit your C.V. and full coordinates; Never been a recipient of a scholarship awarded by the AJICQ; Submit your application during the proscribed period, respecting the delays; Be present at the awards ceremony to receive the bursary on October 13th, 2023 at the Madison reception hall.
Application period and modalities • •
Applications must be received between no later than Friday October 6th, 2023; You can submit your application by mail or electronically by including all the required documents to:
Me Angelo G. Iacono Vice-President AJICQ 300-3131 Blvd. De La Concorde East Laval, QC H7E 4W4 514-823-7648 angelo@iacono.ca
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Vol 45 ● No 02
GREEN-CARPETED AND WHITE MARBLED GLORY A Visit to Montreal’s Palais de Justice and the Québec Court of Appeal Song-Ly Tran| 3L
There are three kinds of law students: those who have read Franz Kafka’s The Trial, those who have not, and those who pretend they have (with or without success). Upon even the most superficial and transitory acquaintance with Josef K.’s story, however, students may come to agree that Montreal’s Palais de Justice emulates the modern bureaucratic dread portrayed in Kafka’s novel. It stands in stark contrast with its neighbour, the Québec Court of Appeal, a stunning neoclassical building of marble. Each will be discussed in turn.
QUID NOVI • 19 SEPT 2023
Indeed, a few weeks ago, I had the pleasure of visiting the “black monolith,” as the former was referred to at the time of construction. The year was 1960 when, in order to meet the judicial needs of a growing population, the Bar pressured Jean Lesage’s government
to erect a new Palais de Justice. Casting aside the idea for an international architecture competition judged by a jury, the firm David, Barott et Boulva was appointed for the task. In 1963, a forty-floor project was laid out but, confronted with protest from the many wishing to preserve Old Montreal’s historic character, ten floors were stuck from the original plan. The undertakers eventually broke ground in 1965. However, following Daniel Johnson Senior’s election in 1966, the design was revised once more with a view of austerity. Down to eighteen floors, the edifice was inaugurated in 1971 and is said to have saved over $50 million from the previously proposed iteration. Relating one’s stature to that of a skyscraper, many might exclaim: “I feel so small!” But in the shadow of this somber, imposing courthouse
flanked by thick slabs of concrete rising overhead without a single opening for light, and dotted with darkened rows of windows harshly framed by sharp mullions, those seeking justice within its walls may find “small” to be an inadequate qualifier. The architectural decisions relating to the building’s exterior appearance certainly reflect a desire for minimalism as inspired by Ludwig Mies van Der Rohe’s iconic office towers which populated North America from the late 1930s onward. The institution’s gravity could thus be captured in purely purposive terms with each component stripped to its bare functionality. The Palais de Justice is a product of its time. Still, I believe it was never much of a welcoming sight. Stepping inside the edifice, the wandering student may notice some of the interior’s quirks, features either functional or off-putting in energy. The combination of low ceilings, a near-total absence of natural light, dim lighting, tuckedaway tight passageways, and wallto-wall grey carpeting creates a space both vast and claustrophobic. This feeling is compounded by the labelling of various rooms. Scattered around — at least to the unfamiliar visitor — are indiscriminate headings such as 2.5.1 or 4.3.1.3, lying in wait for their next decimal. There is also a strong presence of the colour orange, encasing individual pods lining the corridors and chairs that can only be described as waiting room seating, and climbing the walls along with cork and, funnily, a kind of green short-haired material. Curiouser and curiouser! On the other hand, the Québec Court of Appeal, past its giant order columns, greets visitors with towering metal doors engraved with depic-
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tions of humans engaging in assorted activities. One must then traverse a notably heavy (and rather impractical) shiny revolving door, the grandest revolving door you will ever strain yourself to rotate. Inside, I was overwhelmed by the 1926 masterpiece’s stunning interior, replete with precious ornamental and symbolic details and nods to its prior use for criminal proceedings. The building was designed by Ernest Cormier, Louis-Auguste Amose, and Charles J. Saxe, and bears the first architect’s name. Cormier is considered one of the most renowned Canadian architects of the twentieth century, having been chosen to represent Canada for the design of the United Nations Headquarters in New York (1949-52) and prior, having designed the main building at the Université de Montréal (today’s RogerGaudry Building) and none other than the Supreme Court of Canada.
ceilings are composed of beautifully intricate true bas-reliefs, the marrying of two-dimensional pictorial arts and three-dimensional sculptural arts extending from a base plane in layers. Sleek wooden furniture also designed by Cormier with his signature ebony inserts is positioned throughout. The building also includes twenty-three skylights which flood the white marbled space with a brilliance evoking a line from Whitman’s The Phantom: “He judges not as the judge judges but as the sun falling round a helpless thing…” Truly a sight to behold.
Adornments hang above each courtroom, representing the classic symbol of justice: the scales (balance and fairness, as commonly depicted) and the sword (power and punishment). The
Whether you have read Kafka’s The Trial or not, I encourage you to pay a visit to both these monuments. Stand in the shadow of the “black monolith,” soak in the sun under any of the Québec Court of Appeal’s twenty-three skylights, and be inspired by these institutions of justice in their green-carpeted and white-marbled glory.
THEQuestioning ATHLETE PAY ISSUE the narrative of the overpaid pro athlete Gary Preteau | 4L
On September 7th, Cincinnati Bengals quarterback Joe Burrow signed the richest contract in NFL history, paying him over $55 million per year.1 A few days later, Burrow proceeded to have the worst performance of his entire career. 2 Football fans, being the rational people we know them to be, proceeded to mock Burrow as being overpaid. While Burrow’s performance is particularly susceptible to criticism, sports fans and media reguBryan Murphy, “Joe Burrow stats today: Why Bengals QB was benched vs. Browns days after signing record contract,” The Sporting News (11 September 2023), online: <https://www.sportingnews.com/us/nfl/news/ joe-burrow-stats-today-bengals-brownscontract/ea13ac658c21cc58b7f43bbb>. 1
2
Ibid.
larly call people overpaid. Burrow will likely bounce back and sports media is especially susceptible to sensationalism, so these criticisms deserve a couple of grains of salt. Yet, the question of athlete compensation is an interesting one to consider. However, the question of athlete compensation is an interesting one to consider. The top athletes in the NHL, NFL, NBA, and MLB, collectively considered to be the “Big Four” North American sports, earn between $10 million and $30 million per year. 3 Even the average athlete in a “Big Four” North Emily Caron, “The Highest Paid Athlete by Sport by Average Annual Value,” Sports Illustrated (19 March 2019), online: <https:// www.si.com/more-sports/2019/03/19/highest-paid-athlete-sport-average-annual-value>. 3
American sport is made wealthy, with an average salary between $2 and $8 million per year. 4 I understand the skepticism about massive athlete salaries. An athlete’s skills are not as directly impactful on society as those of a doctor, scientist, or McGill Law grad. Connor Bedard’s fantastic wrist shot will probably not save lives and I doubt that Patrick Mahomes’ ability to counter the blitz will solve world peace. In a vacuum, I concede that it is bizarre to make over $50 million to play a kid’s game.
Christina Gough, “Average annual player salary in the sports industry in 2019/20, by league,” Statista (1 June 2023), online: <https://www.statista.com/statistics/675120/ average-sports-salaries-by-league/>. 4
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Vol 45 ● No 02 However, we do not live in a vacuum and our lived reality is one where sports generate billions of dollars annually. The NHL earned $5.7 billion in revenue last season. 5 The other Big Four sports are even richer, with the NFL being the top earner with revenues exceeding $11 billion. 6 The reality of sports revenues significantly alters the argument about athlete compensation. It is much easier to argue in favour of millionaire athletes within the context of billion-dollar sports leagues. Basic fairness is the easiest argument to justify athlete salaries. The entire sports entertainment industry Dan Rosen, “NHL salary cap expected to rise $1 million for next season,” NHL.com (13 December 2023), online: <https://www. nhl.com/news/nhl-salary-cap-expected-torise-for-2023-2024-season-338733940>. 5
Mike Ozanian, “NFL National Revenue Was Almost $12 Billion In 2022,” Forbes (11 July 2023), online: <https://www.forbes. com/sites/mikeozanian/2023/07/11/nfl-national-revenue-was-almost-12-billion-in2022/?sh=6929e69a2d74>. 6
rests on the backs of its athletes. Fans pay money to get to watch the players on their favourite team skate up and down the ice. Even as a tortured Dallas Cowboys fan, I pay a TV provider to watch the players, not their owner Jerry Jones, fumble away big games. Advertisers pay millions to be seen by the fans who want to see the athletes perform. The athletes are at the centre of everything that makes money for sports leagues, so it is fair that they get a significant piece of the pie. Athletes also bear the risk of serious and life-altering bodily harm as part of their role in this massive industry. The athlete is the one throwing their body at another person or staring down 100-mile-per-hour projectiles. Broken limbs, paralysis, and even death are very real risks every time an athlete steps onto the field of play. Even without a catastrophic injury, professional sports often impair the quality of its athletes’ lives after retirement. A lifetime of hard training and competition will leave joints in disrepair and make it hard to live a pain-free life. In part due to
the physical demands, the typical career for a professional athlete is also remarkably short and the average athlete will be retired from their sport by the age of 30.7 Brain damage is the elephant in this discussion. Head contact is more frequent in hockey and football, but baseball and basketball are also fast-paced sports where head clashes remain a real risk. Famously, football has been linked with the development of chronic traumatic encephalopathy, more commonly known as CTE, and many argue that this link also exists in hockey.8 CTE causes cognitive decline, serious mental health issues, and increased aggressiveness and impulse control issues.9 Athletes incur the risk of acute and chronic injuries that can fundamentally change their lives. Athletes who are lucky to avoid catastrophic injury or debilitating brain trauma often still suffer daily pains for the rest of their lives. The bodily and brain risks of sports are uniquely incurred by its athletes, not its fans, advertisers, or owners. There are plenty of examples of sports where athletes do not get their fair share of the revenue earned and the consequences are dire. For instance, athletes in the UFC, the premier mixed martial arts organi“Professional athletes need a retirement game plan,” RBC Wealth Management, online: <https://www.rbcwealthmanagement.com/en-us/insights/professional-athletes-need-a-retirement-game-plan>.
QUID NOVI • 19 SEPT 2023
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H.J. Mai “NHL commissioner disputes link between hockey and CTE brain disease,” NPR (19 April 2023), online: <https://www. npr.org/2023/04/19/1170802375/nhl-hockey-cte-brain-disease#:~:text=Researchers%20found%20that%20each%20additional,play%20and%20risk%20for%20CTE>. 8
https://www.ncbi.nlm.nih.gov/pmc/articles/ PMC3581107/#:~:text=CTE%20results%20 in%20a%20progressive,to%20Alzheimer’s%20disease%20(AD). 9
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zation, only receive an estimated 13-14.5% of the organization’s revenue, which is a bit over $1 billion.10 Athletes often need to work while competing at an elite level, such as Geoff Neal who waited tables at Texas Roadhouse while competing in the UFC.11 Athletes often also struggle after their careers when the health consequences of athletic violence come to bear without the career earnings to make it worthwhile. Most Big Four sports luckily have a specified revenue-sharing model enshrined in their collective bargaining agreement. For instance, the NHL shares 50% of its hockey-related revenue with the players.12 The NFL, NBA, and MLB share approximately 50% of its revenue as well, give or take a few percentage points. Plenty of finer points are still worthy of debate. One can wonder if there is a better use for billions than sports leagues. Even those indoctrinated into sports fandom can argue that players should earn a greater share than they do or that the revenue should be more equally distributed. Regardless of the answers to those questions, the athlete deserves the money they earn in the existing sporting landscape. Stephie Haynes, “UFC fighter pay got worse: Record high profits, but all-time low fighters’ share for Endeavor,” Bloody Elbow (24 May 2023), online: <https:// bloodyelbow.com/2023/05/24/ufc-finances-lowest-revenue-share/>. 10
Chuck Mindenhall, “After KOTY candidate at UFC 228, Geoff Neal is right back to waiting tables,” MMA Fighting (13 September 2018), online: <https://www. mmafighting.com/2018/9/13/17852150/ after-koty-candidate-at-ufc-228-geoff-neal-is-right-back-to-waiting-tables>. 11
Mike Ozanian, “NHL Team Values 2022: New York Rangers On Top At $2.2 Billion,” Forbes (14 December 2022), online: <https://www. forbes.com/sites/mikeozanian/2022/12/14/ nhl-team-values-2022-new-york-rangerson-top-at-22-billion/?sh=30d9d2617deb>. 12
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EDITOR-IN-CHIEFS RÉDACTEURS EN CHEF Anna McAllister Pablo Mhanna-Sandoval SOCIAL MEDIA DIRECTOR DIRECTRICE DES RÉSEAUX SOCIAUX Gabrielle Torrealba DIRECTOR OF DISTRIBUTION DIRECTEUR DE DISTRIBUTION Kamil Chaoui ART DIRECTOR AND LAYOUT EDITOR DIRECTRICE ARTISTIQUE ET ÉDITRICE DE MISE EN PAGE Souang Wu Camille Duhaime COPY EDITORS SECRÉTAIRES DE RÉDACTION Brandon Grimaldi Giuseppe Sutera Sardo COLUMNISTS CHRONIQUEURES ET CHRONIQUEUSES Gary Preteau Jessica Li Nicholas Kamran Song-Ly Tran CONTRIBUTORS CONTRIBUTEURS Ana Rogers-Butterworth Astrology Anne Special thanks to Prairie Koo and Souang Wu for designing the layout. ~ 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 © 2023 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. Envoyez vos commentaires ou articles avant jeudi 17h00 à quid.law@mcgill.ca. Toute contribution doit indiquer le nom de l’auteur, son année d’étude ainsi qu’un titre et un sous -titre pour l’article. Les images doivent être soumises séparément. L’article ne sera publié qu’à la discrétion du comité de rédaction, qui basera sa décision sur la politique de rédaction disponible sur notre Facebook @quidnovi.mcgill.