Quantcast
Channel: University of Toronto Faculty of Law - Public Interest and Diversity
Viewing all 167 articles
Browse latest View live

Islamic scholars at Faculty of Law Summer Institute visit gay and lesbian mosque

$
0
0
Monday, August 26, 2013

Prof. Anver Emon (centre) leads participants in Summer Institute on Islamic Studies
Prof. Anver Emon (centre, blue shirt) leads participants in Summer Institute on Islamic Studieson one of their visits.

By Vito Cupoli

Most visitors to Toronto are not taken on a surprise trip to the city’s only Islamic mosque for gays and lesbians.

Two weeks ago when a group of international Islamic scholars arrived for the Faculty of Law’s Summer Institute on Islamic Studies in collaboration with Emmanuel College, they saw their agenda for the first time.

As part of their nine-day institute, the graduate Fellows were set to visit five mosques representing diverse approaches to the practice of Islam. Toronto’s gay-friendly mosque, one of the very few in the world to minister openly to gay and lesbian Muslims, would be their second field trip.

This group was almost as diverse as they city they’d landed in. Though all study Islam, not all are Muslim or observant. Whether from Bulgaria, Pakistan, South Africa, Germany, Canada, USA, Serbia and Indonesia, each brought an individual perspective about Islamic study and practise.

The personal diversity within the group would speak directly to the Institute’s purpose, according to Professor Anver Emon of the Faculty of Law, who obtained a grant from U of T’s Connaught Fund to run the program. “The theme of the Institute is, belonging and difference,” he explains. “In a sense, the pedagogy introduces the Fellows to their ‘other’.” In being directly confronted with Islam’s diversity, the scholars were to recognize their reactions and break though their own “situatedness.”

Toronto offered them a laboratory to explore Muslim diversity unlike any other in the world. Most Muslim countries don’t have much internal diversity when it comes to religious traditions, which can vary widely from place to place, not always peacefully. For instance, a Sunni Muslim might never meet a worshiper from the Shia tradition. But Toronto’s cultural masala attracts Muslims from all over the world, adding context to any study of Islamic diversity and its intersection with legal plurality, politics and the academic method.

On a sunny and humid August morning, while the group strolled through downtown Toronto to its appointment at the El-Tawhid Juma Circle mosque, Professor Mark Toulouse, principal of Emmanuel College at Victoria University and co-designer of the institute with Professor Emon, says the the theme of belonging and difference is being reinforced with a “unique pedagogy.” 

“These techniques, the visits, the exchange of readings and analysis, further the concept of facilitation which attempts to bring the head, critical reflection, and the experience together so that it forces the graduate Fellows to reflect on their own perspectives and experiences when they approach the field of Islamic studies. How does your own situatedness affect perspective on your truth or the justifications you offer as a description of this religion.”

As the travelling institute arrived outside the nondescript office building where the mosque is located, several of the graduate Fellows talked about their open minds and seemed ready to challenge their own assumptions.

Ayat Agah, a doctoral student at Claremont Graduate University in Southern California, says she encounters more and more Muslims who are struggling with the reality of “queers” in their community. “They have this very human response: Someone is being harmed, denied their rights and they view that as a negative thing that needs to be addressed. But I think they run into this obstacle of, all my life I’ve learned that this is something that is sinful so then there is this pause of how do I deal with that and especially when I do recognize what’s going on as an injustice, how do I reconcile that with what I’ve just always been told growing up.”

Entering the mosque space itself, these Islamic Fellows, who the day before had visited with a Shia community at its richly appointed place of worship just north of the city, step into a room which seems more generic than religious, Islamic or gay.

The co-Imams, Dr. Laury Silvers and El-Farouk Khaki, are busy adding some Islamic touches such as prayer mats and a few hangings to the room, which is used for other purposes except on Friday afternoon when the community meets.

El-Tawhid Juma Circle is challenged when it comes to finding a permanent full-time home because any space must meet all of its requirements for security and discretion. However, their plain classroom-style space serves their equal need to provide a denominationally neutral atmosphere which can embrace members from any Islamic background.

Nevertheless, the community’s non-traditional elements, which are described as “gender-equal, queer-friendly, and religiously non-discriminatory,” are too much for some potential members.

Dr. Laury Silvers, herself an Islamic Scholar at U of T, says sometimes visitors take one look and leave.

“When people come in here, some with short-shorts on or tank tops, our attitude is we want people to pray. And we’re not really concerned at all with what they’re wearing. There’s one person who wears a thong you can see when she bends over. Instead of telling her to dress differently, we told people who are uncomfortable not to pray behind her.”

In spite of practicing gender equality and tolerance for all communities, Imam El-Farouk Khaki insists the space is not a reform mosque. “We’re not reforming anything. We’re trying to recapture what we believe is the essence and core of Islam. None of it is merely looking at Islam with a different lens.”

When the worship begins, the Fellows are asked to join with the dozen or so members who arrived for Friday prayers.

Afterward, none of them seemed in shock but there was disquiet.

“Yes, I was surprised. They break all the traditions that I have in my mind,” says Mustaghfiroh Rahaya, a scholar from Indonesia’s Centre for Religious and Cross Cultural Studies. She has gay friends at home and led prayers in a mosque but never prayed beside a man before.

First she wondered if she would even join the prayer. At another point she thought about the need to repeat her devotions once she’d left the mosque. But in the end she decided that her participation, “would not bother my relationship with God. It won’t distract me from God.”

After the build-up, Mohammed Waqas Sajjad from Pakistan says the trip to a gay mosque wasn’t as surprising as anticipated.  Currently a PhD student at the Graduate Theological Union in Berkley, California, Waqas found the visit, “enjoyable in an academic sort of way.” But he will have to “reflect” on his feelings about prayers led by a woman, something he had never experienced before.

And he says he was able to practice the Institute’s ideal of confronting academic situatedness and subjectivity in real-time.

“As a scholar I need to be able to meet those people on their own terms and not come across as somebody who is studying them for the sake of criticising them. Being mindful of my own situatedness as an academic, as a Pakistani, allowed me to frame things as a different way.  It would have been different if I had been an American Muslim. We want our own subjectivity to come into focus and hopefully allow us to become better scholars of Islam.”

Professor Emon said the visit was “eye-opening”, particularly in the community’s broad invitation to pray, regardless of Islamic tradition.  Mosques have different rules about the prayer and who may participate. At El-Tawhid Juma Circle, “the prayer reflected a strong communal aspect of Islamic history but how they organized their sacred space speaks volumes about how they imagine themselves as a distinct community.”

A few days later, as the Institute is drawing to a close and the Fellows are about to pack up and leave, Professor Emon says that in the visit to the gay mosque and the others, the participants met his challenge to be “honest, upfront and engaged.”

See also the story in the Toronto Starabout this program.

Summer Institute on Islamic Studies
The Summer Institute on Islamic Studies in session


Ontario selects Dean Moran to lead review of Disabilities Act

$
0
0
Tuesday, September 10, 2013

The provincial government has appointed Dean Mayo Moran, SJD 1999, to head a comprehensive review of the Accessibility for Ontarians with Disabilities Act (AODA), which governs the accessibility standards for customer service, information and communications, employment, transportation and the design of public spaces.

It became law in 2005, and its first review was completed in 2010. The government has set a goal to make Ontario fully accessible by 2025, and says the dean's review will help it achieve this goal.

“Equality is one of our most fundamental values and I am pleased to contribute to making our province a place where everyone has a chance to succeed,” said Moran. “That's why I am delighted to lead a review of this very important legislation and I look forward to this significant undertaking.”

Read the Government of Ontario media release.

University of Minnesota Should Investigate Suicide in Clinical Trial, Scholars Argue

$
0
0
With colleagues Raymond De Vries (University of Michigan), Alice Dreger (Northwestern University), Lois Shepherd (University of Vriginia), Susan M. Reverby (Wellesley College) and Jerome P. Kassirer (Tufts University), I wrote a letter to the Chair, Vice-Chair and members of the University of Minnesota Senate, to request that the University of Minnesota set up an inquiry to investigate the circumstances surrounding the death of Dan Markingson in a clinical trial at the University of Minnesota Fairview Hospital. More than 170 leading academic colleagues specialized in health law and human rights, research ethics, bioethics, and medical research joined as signatories to the letter.Dan Markingson was acutely psychotic when University of Minnesota psychiatrists enrolled him into an AstraZeneca-sponsored study of antipsychotic drugs. Prior to enrolling into the study, he had been repeatedly judged incompetent to make his own medical decisions and he was involuntary committed. He obtained a stay of commitment order that legally required him to obey the recommendations of the psychiatrists. They recommended he participate in a clinical trial, to which he was deemed able to consent, just days after he had been declared incapable of making his own treatment decisions. His mother, Mary Weiss, attempted to get her son out of the study for months, warning the research team that he was deteriorating and in danger of killing himself, but her warnings were ignored.  On May 8, 2004, Markingson committed a violent suicide. A 2009 investigation of Markingson’s death by the St. Paul Pioneer Press found that the university psychiatrists and the clinical trials unit had received significant payments from the study sponsor. The research contract included also a per patient payment of $ 15,648.  Less than two years before Markingson was recruited, the Contract Research Organization in charge of organizing the trial had put the University of Minnesota site on 'probation' for failing to recruit a sufficient number of patients. With colleague Paul Miller, I have written in the past about how payments to investigators, particularly financial recruitment incentives, create significant legal and ethical concerns. This may very well be a case study of how some of the pressures resulting from these incentives can have a devastating outcome. For Dr. Jerome Kassirer, a former editor of the The England Journal of Medicine and a signatory of the letter, “[t]here was an overt conflict of interest, and there is reason to believe that the boy's death was an indirect consequence of the financial inducements of the study.” In direct response to Dan Markingson’s suicide, the Minnesota legislature recognized already in 2009 that vulnerable psychiatric patients in Minnesota had to be better protected in clinical trials. It adopted more protective legislation, excluding people who are civilly committed from being enrolled in a clinical trial. In 2012,  the Minnesota Board of Social Work concluded after an investigation that the study coordinator overseeing Markingson’s care had committed an alarming number of professional violations, including falsely initialing for the physicians on study charts and dispensing drugs without a license. The Board issued a “corrective action” towards the social worker. Those in charge of running the clinical trial, however, were not held accountable. The Minnesota Board of Medical Practice looked back in 2009 into complaints against the physicians supervising the clinical trial and involved in the care of Dan Markingson, Dr. Olson and Dr. Schulz, and contrary to the Board of Social Work, it concluded that it did not have a sufficient basis to take action.We felt the need to write this letter because of the absence of a thorough and independent investigation into what happened. An FDA investigation, which focused on whether FDA procedures were followed, was arguably conducted only superficially, as Carl Elliott has convincingly put forward in a Hastings Center blog article. The FDA investigator failed, for example, to interview Dan Markingson’s mother and did not really address some of the key challenges in the context of this trial, such as those related to potential undue inducement and coercion. It concluded that no FDA regulations were violated. The University suggested that other internal reviews also came to the conclusion that no action was needed. But there are reasons to be worried about the independence of these assessments. The University's legal counsel suggested, for example, that the IRB--the institution's research ethics committee--had investigated the death. But so far, while minutes of one IRB meeting show that the case was discussed, no evidence of a solid IRB evaluation has been produced. There are also serious concerns about the independence of the IRB.  First, it is questionable whether in-house IRBs can really act independently when important institutional interests are at stake and when high ranked institutional officials are involved. But more troubling is the recent revelation that the IRB that approved and was supposedly monitoring the clinical trial appears to have been affected by significant conflicts of interest. The IRB chair was the director of the ambulatory research center which housed the clinical trial; he also reported in the department of psychiatry to Dr. Schulz, chair of the department and co-investigator in the study; and he had financial relations with the company sponsoring the trial. Another internal University assessment which apparently took place can also hardly be characterized as an independent investigation, particularly since the University had dug its heels in the sand and took a strong position against further review of what happened. The University filed, for example, a ‘notice to assess costs’ against the mother of Dan Markingson, around the time that she wanted to appeal a partial summary judgment by a district court judge. With this notice, the University requested that she pay its legal expenses.  The district court had ruled that there was no legal basis to sue the University and its IRB, since the IRB had statutory immunity for its ‘discretionary decisions’, but had accepted that a negligence claim against one of the doctors, Dr. Olson, could proceed. The University dropped this legal action for costs after Dan Markingson’s mother dropped her appeal against the interim decision.In short: this appears to be a case that raises substantial concerns about the enrollment of extremely vulnerable and potentially incompetent research subjects in clinical trials, the appropriateness of specific informed consent and capacity assessment procedures in mental health research, the potential impact of financial conflicts of interest on the behavior of clinical investigators, university administrators, and institutional actors, the qualifications of research personnel, and the overall integrity of medical research at major medical schools and their hospitals. And it raises concerns about the legal tactics used by a public University in the context of a troubling case. The signers of the letter include Susan Reverby, a historian, who uncovered the notorious Guatemala syphilis studies that led to a formal apology by President Obama in 2010; Marcia Angell of Harvard University, also a former editor of the New England Journal of Medicine; Richard Smith, a former editor of the British Medical Journal; Ron Patterson, the former Health and Disability Commissioner of New Zealand; George Annas, a leading Health Law and Human Rights scholar from Boston University; Daniel Callahan, the co-founder of The Hastings Center; Renee C. Fox, professor emeritus of the University of Pennsylvania and author of Experiment Perilous, one of the classic sociological texts on the ethics of medical research; several Canadian colleagues (including  Nancy Olivieri, James Robert Brown, and Joel Lexchin of the University of Toronto; Laurence Kirmayer of McGill University; Jocelyn Downie, co-author of the CAUT Olivieri Report  and Françoise Baylis, both Canada Research Chairs at Dalhousie University; Arthur Shafer, director of the Centre for Professional and Applied Ethics of the University of Mannitoba;  Louis Charland of the University of Western Ontario; and Udo Schuklenk, Canada Research Chair at Queen's University) and various other leading scholars from the United States, Europe, Australia and New Zealand.Various blogs and media reports have been raising concerns about the case in the past.For more information on our action and on the case, see:The media release about the letterPharmalot: Academics Want University to Probe a Suicide in Seroquel TrialEdward Davies, in a recent article in the British Medical JournalJeremy Olsen & Paul Tosto, with a series of 3 articles in the St. Paul’s Pioneer Press.A series of articles by Judy Stone in the online Scientific American, with as first article "A Clinical Trial and Suicide Leave Many Questions: Part 1" (links to following articles at the end of part 1)Carl Elliott, on the Bioethics Forum of the Hastings Center; and in an article for Mother Jones.On Thursday 14 November, Carl Elliott will be giving the inaugural Olivieri Lecture at the University of Toronto in which he will talk about the case. 

LLM student Tracy Nanziri - “The importance of outreach in the diversity transformation”

$
0
0
Monday, December 2, 2013

In Canadian Lawyer magazine, LLM student Tracy Nanziri has written a commentary on the need for law firms to do more outreach to increase diversity within their ranks ("The importance of outreach in the diversity transformation," Dec. 2, 2013.

Read the full commentary on the Canadian Lawyer website, or below.


The importance of outreach in the diversity transformation

By  Tracy Nanziri

December 2, 2013

It has been three years since the Canadian Association of Black Lawyers toasted 17 of its own who were, rightfully, praised for cementing their positions as partners in Bay Street firms. I read the news, as I assume a number of black law students did, with a sense of admiration, albeit one mingled with disquiet.

 My unease stemmed from the unsettling fact that at the time, just 17 partners, of an estimated 2,000 partners on Bay Street, were black. I viewed the recognition of the lawyers named in the article as a victory for the black legal community, but also as a reminder that if hiring practices continued to progress as they had, my odds of one day acquiring a coveted position in a partnership were not the most promising.

As I browsed the partner profiles on the web sites of the law firms at which I wished to work in the future, I saw very few minorities overall and even fewer black faces. I could not understand why firms were not reflecting the multiculturalism integral to a nation as diverse as Canada.

This story may not represent all the unique experiences of ethnic minorities who want to work in the legal sector, however, numerous prospective lawyers and law students of colour likely hold similar sentiments. Too few racial minorities are partners at law firms and too few are in the employ of Bay Street firms.

Law firms have recently showcased their willingness to remedy the overall diversity issue, some through the usual lip service, and others by taking steps to entice change within their workplaces. This was demonstrated earlier this year when 16 leading firms collaborated with Legal Leaders for Diversity and Inclusion, a group whose chief aim is promoting inclusiveness in the legal profession.

While these steps should be applauded, very little is being said about how firms plan to transform their workplaces into diverse ones through hiring initiatives.

When the lack of ethnic lawyers in the field is mentioned, often emphasis is put on recruitment and retention as the primary remedy for the issue. An equal amount of weight should be put on outreach and informing legal professionals, future law students, and prospective lawyers of all minority groups that they too have a serious chance at advancement if they choose to pursue a career in law.

By not only supporting but engaging in outreach initiatives, firms can publicize and show their willingness to recruit qualified individuals from an array of racial backgrounds.

I am fortunate to be closely acquainted with a number of lawyers and was aware for some time that a career in law was a viable option for me. Had I not had that exposure, however, I would probably have been less inclined to pursue a career in a field or area of practice where there were so few professionals of my background or race.

Students with a desire to go to law school often research employment rates and potential job prospects in the legal sector before considering whether or not to apply. If the numbers show ethnic applicants a low percentage of minorities in the legal profession, many would, at best, feel slightly discouraged from pursuing a career in law or, at worst, consider an alternate career altogether.

The best evidence a firm is serious about reaching out to professionals of different racial backgrounds is by hiring more qualified law students and lawyers who identify as minorities; to show their commitment to the cause. There is nothing more welcoming than seeing a potential employer is not only open to hiring people like you, but often hires people like you.

Successful outreach initiatives would also involve informing students from a young age that a career in law is possible despite one’s ethnicity.

We must question the effectiveness of a recruitment system that accommodates racial minorities (among others) if there is only a small number of minorities in the hiring pool.

By broadcasting that the faces of Canadian legal professionals in all sectors hail from different backgrounds, that percentage of qualified law students and prospective lawyers can increase and, ultimately, the environment at firms can become more diverse.

The onus isn’t only on employers either; law schools should put in just as much effort when advertising their outreach programs, so bright students from all circumstances feel encouraged to apply.

Reaching out to high school students in different neighbourhoods, sending associates and partners of different races and backgrounds to recruitment events as firm representatives, and building strong relationships with educational groups and cultural law associations are just a few methods firms could employ as positive outreach. I believe the well-known phrase “actions speak louder than words” articulates my point far more concisely.

Some firms have are already doing outreach, however, while many are prominent advocates for supporting diversity in the wider community, they do not reflect diversity in their actual hiring practices. Outreach in the wider community is extremely important and beneficial, however, initiatives should also entail reaching out to professionals within the legal community and prospective law students.

While I identify largely with racial diversity, the hiring issue I identified affects numerous people who self-identify as minorities, not just people of colour. If firms were to reach out more and actually show they wish to reflect their commitment to diversity through hiring, that unease common amongst anyone who can call themselves a minority (or different) would be somewhat settled.

I am not saying outreach is the only avenue through which true diversity in the legal sector can be achieved. I do, however, believe if firms were to focus heavily on it, they could ultimately recruit more professionals from different backgrounds, who will, without a doubt, be receptive to the firms’ broadcasts for change. In the meantime, other issues diversity initiatives address should be considered seriously and attention must also be paid to ensuring work environments are welcoming to and accepting of minorities already under their employ.

As advancements in diversity in the legal sector occur slowly, albeit steadily, firms must reflect this dynamic change by distinguishing themselves as diverse employers; not simply as institutions whose efforts extend only to supporting and brainstorming diversity initiatives. It is my hope that in the future, firms make this distinction and reflects through their employment the multicultural identity Canada is lauded for.


Epstein Cole LLP takes the lead to save and expand longstanding student pro bono service for low-income litigants

$
0
0
Tuesday, December 10, 2013

Fundraising campaign will boost access to the Ontario family courts and make up a $400,000 shortfall

Toronto, ON – Epstein Cole LLP, Canada’s premier family law firm, together with firm founder Philip M. Epstein Q.C., have made a combined gift of $150,000 to the Pro Bono Students Canada Campaign for Family Justice.  The Campaign for Family Justice will save and expand Pro Bono Students Canada’s Family Law Project, a vital court service that is at risk of closure.  The Campaign’s fundraising goal of $650,000 will preserve the program and allow it to expand to additional Ontario courts.

Thanks to the efforts of Epstein Cole LLP, the Campaign’s Law Firm Champion, and Mr. Epstein, Campaign Chair, the Campaign for Family Justice has raised $320,000 to date.  “As a family lawyer,” says Mr. Epstein, “I know too well a relationship breakdown can be one of the most difficult times in a person’s life, particularly when there are children involved.  For poor and low-income Ontarians who can’t afford a lawyer, the stress is often unbearable.”

PBSC trains law students to support low-to-middle-income earners who do not qualify for legal aid. Students assist clients in filling out their court forms and helping them navigate the complex court system. The Family Law Project operates in seven Ontario Courthouses.  It is widely considered to be a vital resource for people in a time of crisis, while enhancing the administration of an overburdened family court system. The project has the added benefit of introducing law students to family law, and instilling the pro bono ethic in the next generation of lawyers.  Last year, 110 Ontario students fanned out across Ontario to assist almost 2,000 low-income clients.

Read the full media release.

Read Nikki Gershbain's oped in The Toronto Star.

PBSC director Nikki Gershbain: "Law students can help solve Canada’s access-to-justice crisis"

$
0
0
Tuesday, December 10, 2013

In a commentary in the Toronto Star, Nikki Gershbain, National Director of Pro Bono Students Canada (PBSC), argues that law students can make a significant contribution to improving access to justice in Canada ("Law students can help solve Canada’s access-to-justice crisis," December 9, 2014).

Gershbain notes that PBSC has worked hard since its foundation at the University of Toronto Faculty of Law 17 years ago to recruit students from almost every law school in the country to help low-income Canadians with their legal problems, but that it needs sufficient resources to continue this work.

Read the full commentary on the Toronto Star website, or below.


Law students can help solve Canada’s access-to-justice crisis

By Nikki Gershbain

December 9, 2014

Much has been written lately about the inability of Canadians to afford skyrocketing legal fees. The situation is so dire that our top judge, Chief Justice Beverly McLachlin of the Supreme Court of Canada, has said that Canada is “increasingly failing in our responsibility to provide a justice system that [is] accessible, responsive and citizen-focused.”

In short, Canadians face an unprecedented crisis: a gulf between our shared belief that in a democracy, access to justice is a fundamental right, and the growing reality that only the rich can afford a lawyer.

The legal profession has been searching for ways to make our services more affordable. One idea that has a lot of support in theory – but that hasn’t gained as much traction as it should in practice – is making better use of students.

The more than 12,000 students currently studying at law schools in this country are an untapped resource which, if properly utilized, could make a dramatic difference.

A recent report from a committee chaired by Supreme Court Justice Thomas Cromwell is calling on the legal profession, the judiciary, and governments to overhaul the Canadian justice system.

Among other things, the report calls for the expansion of civil and family pro bono, or “free of charge,” programs – including those delivered by law students.

This is yet another report written over the last five years that suggests leveraging law students to help respond to the access-to-justice crisis.

There is no question that now is the time to look to Canada’s law students to help meet the growing gaps in access to legal services. Law student pro bono not only helps ordinary Canadians access the legal system, it trains law students to be more sensitive, compassionate lawyers and creates a generation of lawyers primed to using their legal skills to make a difference in their community.

Student pro bono is not a panacea to the access to justice crisis our country faces. Pro bono in general cannot, and should not, replace government legal aid programs. It is, however, a critical if partial response to unmet legal needs.

If law student pro bono is such a great idea, why are we not making better use of our smart and committed law students across this country?

The simple answer is that while student pro bono is an affordable and efficient way to increase access to justice, even volunteer programs require resources to operate. In Canada, student pro bono and clinical programs are massively under-resourced and under-staffed.

This is one area where we need to follow the American lead. From the first day of law school, American students learn that pro bono work is the professional responsibility of all lawyers.

The American Bar Association requires that law schools make pro bono opportunities available to students. Law students at many leading U.S. law schools are required to complete a certain number of pro bono hours before they can graduate.

There is no similar rule in Canada. And only one law school – Osgoode Hall Law School at York University – has a public interest graduation requirement.

Canada’s national pro bono student program, Pro Bono Students Canada (PBSC), does what it can to meet the demand for volunteer placements by students.

For the last 17 years, PBSC has been recruiting students from almost every law school in the country to help low-income Canadians with their legal problems. Every year, about 1,600 PBSC students provide free legal services in all areas of the law. They fill out court forms, draft wills and other legal documents, deliver legal education workshops, and write legal memos – all under the careful supervision of trained lawyers.

PBSC is creating a generation of lawyers dedicated to using their law degrees to help vulnerable Canadians. More than 80 per cent of the volunteers report that they plan to continue to do pro bono upon graduation.

Unfortunately, PBSC is staring down a major funding crisis. Unless it can raise $400,000 over the next three years, it will be forced to cut the program in half – precisely at a time when its services are needed most.

At a time when drawing on the skills of trained and supervised law students is an obvious way to help address the access to justice gap, student pro bono should be growing, not shrinking.

All members of the legal profession – law societies, bar associations, law firms and law schools – should be doing everything in their power to support and expand law school programs that provide vulnerable Canadians with information, assistance and dignity in a time of need.

Leveraging the skills of law students should be an integral part of the legal profession’s access to justice plan. Pro Bono Students Canada is calling on the profession to do what it can to help us provide Canadians with affordable legal services, while educating and sensitizing the next generation of lawyers.

Student pro bono is an idea whose time has come.

CBC Radio features grad student's research on LGBTQ community and the police

$
0
0
Friday, July 26, 2013

SJD student and Trudeau Scholar Kyle Kirkup is working on a report to help Ontario police forces better understand and improve their working relationship with LGBTQ communities. He was interviewed on CBC Radio’s Metro Morning to talk about his research into this guide, to be released this fall. Kirkup says, despite 10 years since the legalizaton of same-sex marriage, there's a long way to go in improving awareness of LGBTQ issues in society.

Listen to his interview with host Matt Galloway. [Runs 5:55]

Markingson Case: University of Minnesota sets up Inquiry, but will it be independent? And what will it do?

$
0
0
In a previous post of October 25, I reported about the Markingson case and a letter we wrote with 6 health law, bioethics and medical scholars to the University of Minnesota Senate, which was co-signed by 175 colleagues from various North-American and international institutions. We requested that the university set up an Independent Committee of Inquiry into the death of Dan Markingson, a psychiatric patient who committed suicide while enrolled in a clinical trial at the University’s Fairview Hospital.  The case raises, as discussed in the previous post, serious concerns about the protection of very vulnerable patients in psychiatric industry-sponsored clinical trials.Several things happened since this October 25 posting. There are positive developments, including a Senate vote in favour of an Independent Inquiry, but also concerns about what will happen next, which has motivated us to write last week a follow-up letter to the Senate.  The Senate's Vote for an Independent InquiryThe first official response to our October letter was lukewarm: we received on November 12 a letter from the University’s General Counsel repeating the University’s mantra that several organizations and institutions had properly investigated the case and cleared the university, the hospital, and researchers of any wrongdoing. At a meeting of Faculty Consultative Subcommittee of the Senate, where our letter was first discussed to determine whether it would even get on the Senate agenda, some suggested we were ill-informed about what had been done in this case. We therefore sent on November 14 another letter, this time to the University Faculty Consultative Committee. We included with the letter an updated list of signatories, and a schematic table that I prepared with Shannon Gibson. The detailed but easy to use comparative table, outlined: 1. The various alleged reviews the University claims have taken place; 2. What these reviews amounted to and what they concluded; and 3. Why they were insufficient. We also contrasted these ‘reviews’ with two institutional actions that arguably identified serious problems in the context of the Markingson case (see previous blog for more details): a professional disciplinary action by the Board of Social Work, and the adoption of a statute by the Minnesota Legislator, improving the protection of psychiatric patients. All this information was already readily available (see various links in previous blog). But we wanted to make it very clear how we had carefully analyzed various official documents and other sources of information before writing the letter. We had experienced how time-consuming it is to look at all previous initiatives and reports and to evaluate in more detail what had been done. Our table aimed at summarizing it all succinctly with links to various sources, so that it could easily be used by those participating in meetings discussing the proposed inquiry. Media sources reported on our letter writing action, on our summary table, and on other recent initiatives, including a letter written by University of Minnesota faculty member Leigh Turner to the Board of Regents ; and a local television station aired a new investigative documentary on the Markingson case in which another anonymous patient alleged to have been coerced into a psychiatric clinical trial at the University.In the wake of this new flurry of activities, the University of Minnesota Senate voted at the end of November overwhelmingly (67 to 23) in favour of the establishment of an Independent Inquiry. Media reports indicate that many faculty members stood up in the Senate meeting, to strongly argue in favour of such an inquiry. That same day, Mike Howard also submitted a petition with more than 3,000 signatories to Minnesota Governor Dayton, asking for an external state organized examination of the university's research practices.The Senate vote for an Independent Inquiry is a very positive development. It shows that the continued actions of faculty members of the University of Minnesota and external support from an international community of scholars can make a difference. But there are reasons to be concerned.  The text of the resolution remains vague about what will be investigated. It refers in its preamble to the Markingson case, but the resolution as voted upon states that the inquiry should look at “current policies, practices, and oversight of clinical research on human subjects at the University, in particular clinical research involving adult participants with diminished functional abilities.” University of Minnesota’s president Kaler accepted the recommendation, but indicated in a subsequent interview immediately that “it’s not a review of the Markingson case; it’s a review of what we are doing now.” “My role is to look forward,” he suggested, hinting that he would be in charge of the process. Yet, to understand whether current research practices sufficiently protect research subjects, it is essential to look at the past, to see what went wrong, in the context of the then existing procedures, guidelines, and financial pressures.Follow-up Letter: How Should an Inquiry Look LikeWe therefore wrote on December 11, 2013 a follow-up letter, emphasizing again what we see as the core requirements for a credible Indepent Inquiry: 1. The Committee of Inquiry needs to have the authority and a wide mandate to look at specific past and present research practices, procedures and guidelines, and at the reaction of the University when things go wrong.  This includes a review of the Markingson case. 2. For the Committee to be fully independent, the selection of its members should not be controlled by those who have been the target of criticism in the context of the Markingson case. We emphasized that it is important that all sides are on board with this new Inquiry.We received this week a response to our letter to the Senate. The letter of December 18, which came again from General Counsel William P. Donohue, states that “[a]s requested by the Faculty Senate, it is our intention to work with appropriate faculty governance committees” to accomplish this inquiry. One has to hope that the faculty members on these committees will insist on an in-depth and fully independent inquiry. There will certainly be external scrutiny of how the university organizes the inquiry. A recent op-ed by Matt Lamkin and a group of former University of Minnesota alumni sets out in detail what the Inquiry has to do, what powers it needs, and how it has to be established. It asks bluntly whether with this inquiry, the university intends to either "review or whitewash a research subject's death?" Other blogs also raise concerns about what the inquiry will do. (see Carl Elliott and Bill Gleason at the University of Minnesota, and a Nature News blog by David Cyranoski)One of the disturbing aspects of the Markingson case is how seemingly reliable bureaucracies, set up to protect research subjects and patients, can be conveniently used to shield institutions from further scrutiny, even when they have clearly faltered. If the Committee of Inquiry wil not be sufficiently independent, and if it will not seriously investigate both current and past research practices 'on the ground' (including the Markingson case), and if it sticks to a review of procedures and guidelines, it will not be able to restore public trust. It will simply add insult to injury.To be continued in the New Year. 

Prof. Brenda Cossman - "How to be a gay rights ally during the Sochi Games"

$
0
0
Monday, February 10, 2014

In a commentary in The Globe and Mail, Prof. Brenda Cossman looks at how one can engage with the Olympics without turning their backs on LGBT communities ("How to be a gay rights ally during the Sochi Games," Februrary 7, 2014).

Read the article on The Globe and Mail website, or below.


How to be a gay rights ally during the Sochi Games

By Brenda Cossman

Februrary 7, 2014

Sochi is upon us. After months of debates about the Olympics and Russia’s draconian anti-gay laws, the Games have begun. Some who supported a boycott may choose to turn their backs on the games, while others remain ambivalent about how to engage with the Olympics without turning their backs on LGBT communities. Here are some ideas for how to be an ally.

First, stop saying that the Olympics are not political. They are and always have been political. Those who say that they aren’t are denying the very nature and history of the Games. Its very basic principles as contained in the Olympic Charter are political – respect for universal fundamental ethical principles, promoting a peaceful society concerned with the preservation of human dignity and a commitment to non-discrimination.

Over and again, nations have used the Games as a platform for their political stands. The 1936 Berlin Olympics were perhaps the most political ever. Germany was initially given the games to demonstrate its restored position amongst European nations. But Hitler used the Games to promote the Nazi’s ideals of racial superiority. After being cancelled during the Second World War, the London 1948 games suspended Germany and Japan.

Then came years of boycotts: In Melbourne 1956, Egypt, Iraq, Lebanon, The Netherlands, Spain, Switzerland and the People’s Republic of China all boycotted for different reasons; in Tokyo 1964, North Korea & Indonesia withdraw and South Africa was suspended for apartheid policies; Munich 1972 saw Rhodesia banned and the massacre of Israeli athletes; For Montreal 1976, Tanzania led a boycott of twenty-two African nations because the IOC had refused to ban New Zealand, whose rugby team had recently played in South Africa; Moscow 1980 saw the U.S., West Germany China, the Philippines, Argentina and Canada boycott. In retaliation, the Soviet Union and 14 of its allies boycotted the 1984 games in Los Angeles; In Seoul 1988, North Korea boycotted. Albania, Cuba, Ethiopia, Madagascar, Nicaragua, and Seychelles also did not attend. Not political? Not so much.

Second, refuse to fall into the trap of thinking that there are only two choices: sport versus politics, athletes versus LGBT rights. There are many creative political and cultural choices to be made. Support the Principle 6 campaign. Started by Athlete Ally and American Apparel, the campaign is intended to celebrate the Olympic principle of non-discrimination and speak out against Russia’s anti-gay laws. You can help raise awareness of Principle 6 and demand that the IOC specifically recognize sexual orientation as a prohibited ground of discrimination. Proceeds from the campaign goes to support LGBT athletes in Russia.

While you are at it, you can write to the IOC. Tell them to add sexual orientation to Principle 6. Tell them to stop threatening athletes with discipline should they engage in anything that hints of political protest at the opening and closing ceremonies, or on the podium. It is the IOC, not the athletes, who should be bearing the brunt of standing up to Russia.

Write to the Canadian Olympic Committee and it to support the campaign to revise the Olympic Charter, and to revise the COC constitution to do the same thing.

While you are writing letters to Canadian officials, consider sending one to Anne Merklinger, CEO of Own the Podium, who has said that “our team has always stayed out of political issues” and that “the Olympics need to be about sport and not about politics.” Tell her she’s wrong, because the Olympics have always been about politics.

Consider engaging with the Olympic sponsors, like Coca Cola or the Hudson’s Bay Company or MacDonald’s. Write to them, to tell them to support gay rights and maybe, that during the Olympic games, you will not be consuming their products.

Participate in or create awareness campaigns on social media, like Uprising of Love. Attend a Pride House event, and watch the Olympics with LGBT folks and their allies. Across North America, bars and restaurants are hosting Uprising of Love events, and will donate $1 of every drink sold to support Russian athletes. If there isn’t one in your community, host one.

The possibilities are actually endless. Yes, the Games will go on, and Russia has not backed down from its anti-gay laws. But, this is a moment to raise awareness, because right now, this is the only game in town. And you can do something to be an ally.

Second-Best Deliberative Democracy and Election Law

$
0
0

Yasmin Dawood. “Second-Best Deliberative Democracy and Election Law,” 12 Election Law Journal 410-420 (2013).

Abstract: 

This article proposes and develops the concept of “second-best deliberation,” and uses it to evaluate the deliberative possibilities within and the shortcomings of various aspects of the U.S. electoral system, including electoral redistricting, majority-minority districts, political parties and partisanship, the Voting Rights Act, campaign finance regulation, election administration, and electoral reform.

Under a second-best approach, the norms of deliberation change depending on the actors and institutions involved. I argue that the concept of deliberation should be reconceived as existing along a spectrum, with ideal deliberation on one end and nonideal deliberation on the other end.

This article argues for a nonideal approach to deliberation because such an approach can identify and foster deliberative moments that would otherwise fail to satisfy the strict, and arguably unrealistic, requirements of ideal deliberation.

Although this article focuses on U.S. election law, the concept of second-best deliberation can be applied more broadly to evaluate the deliberative strengths and limitations of other democratic systems. The article also provides an extensive discussion of the theory of deliberative democracy and its various critiques.

CDO and Osgoode EVENT: 2014 Public Interest Day and Career Fair

$
0
0
Friday, February 28, 2014 (All day)
Add to Calendar
Location: 
Metro Toronto Convention Centre, North Building, Room 107

Please note that the CDO will be closed on this date.


Public Interest Day 9:30 a.m. - 12:30 p.m.

Please register on line a www.publicinterestday.ca

We are pleased to announce the 13th annual Public Interest Day, organized by the Career Development Offices of Osgoode Hall Law School, York University, and the University of Toronto, Faculty of Law. In an effort to increase awareness of the opportunities for law school graduates committed to social justice, we have planned this event to give students access to information on legal aid clinics, community-based associations, non-governmental organizations, government offices, and firms that have made a commitment to public interest work.

A must attend event for 1L students who intend on participating in the on-campus interview programs in the fall of 2014.


Career Fair 2:30 p.m. - 4:30 p.m.

This event will take place in Room 107 in the North Building of the Metro Toronto Convention Centre (255 Front Street West, Toronto, ON)

Join the University of Toronto, Faculty of Law and Osgoode Hall Law School for the 2014 Career Fair. This year over 50 Bay Street and boutique firms as well as public interest employers will join us to meet our first year students. This is a wonderful opportunity for first year students to network with employers and find out information on different practice areas.

This event is highly recommended for 1L students who intend on participating in the Toronto on-campus interviews or the 2L summer recruit in the fall of 2014.

Students can register for this event through UTLawcareers.

For more information on these events, please contact ann.vuletin@utoronto.ca.


Raising the Colour Bar

$
0
0
Wednesday, March 26, 2014 - 12:30pm to 2:00pm
Location: 
NF113

 

The Graduate Law Students’ Association, in partnership with See Yourself Here, the Afghan-Iranian Law Students’ Association, the Black Law Students’ Association, and the South Asian Law Students’ Association, presents ‘Raising the Colour Bar’, a panel discussion on racial diversity in law schools and the legal profession featuring:

 

Raj Anand - Partner, WeirFoulds LLP, and Chair, Law Society of Upper Canada's Working Group on Challenges

 Faced by Racialized Licensees;

Mara Clarke - Director of Strategic Initiatives, Ontario Justice Education Network;

Sofia Ijaz - Third-year Student, University of Toronto Faculty of Law;

Neel Joshi - Senior Recruitment, Admissions and Diversity Outreach Officer, University of Toronto Faculty of Law

 

The event will be held on Wednesday, March 26th in room 113 of Northrop Frye Hall. Lunch will be served at 12pm.

The panel discussion begins at 12:30pm.

 

Please RSVP at http://raisingthecolourbar.eventbrite.ca 

(Sponsored by TD Bank) 

 

For more information, contact sara.ghebremusse@mail.utoronto.ca and

 

Rohan Mathai at r.mathai@mail.utoronto.ca.

 

 Raising the Colour Bar

 

Webcast: "Ethical Issues in the Law Firm Setting" - Program on Ethics in Law & Business conference

$
0
0
Thursday, March 13, 2014

If you missed the first annual conference of the Program on Ethics in Law and Business, on the subject of "Ethical Issues in the Law Firm Setting," or if you want to remind yourself of some of the insights of the conference speakers, you can now watch the entire conference, or any part of it, on YouTube.

Watch the conference on YouTube (2 hours 45 minutes).

A transcript of the entire conference is also available on the Centre for the Legal Profession website, as is a list of the conference speakers and their presentation abstracts.

Law students step outside the classroom, step up for the probono Wills Project

$
0
0
Friday, March 21, 2014

Project tackles planning for low-income clients, students gain practical skills

By Karen Gross

Although he had been living with HIV for about 20 years and had survived a serious car accident that left him with some long-standing injuries, Dakota Marks had never given much serious thought to writing a will. Not until his close friend and longtime adviser Corena Debassige suggested he attend a workshop at 2-Spirited People of the 1st Nations, a non-profit social service organization which supports Aboriginal members of Toronto's LGBTQ community. Debassige is a client care coordinator at 2-Spirits and has handled palliative and respite care there for two decades.

"To be honest, I think if you don't have a will then it's time to write one," she says. "That's one of the major setbacks I have. When people pass away and there is no will or power of attorney, it's very difficult to manage their remains and follow their wishes."

Several years ago, Debassige discovered a probono legal program that offered a route to ease her burden and calm the anxieties of her ailing clients. The Wills Project, founded originally and exclusively to serve low-income people with HIV/AIDS, is now coordinated by Pro Bono Students Canada, a national non-profit born at U of T almost 20 years ago. Its reach has expanded beyond the AIDS umbrella, to serve low-income clients from a range of backgrounds. Debassige contacted PBSC and has been working with them ever since. "It's an informal partnership but it has worked wonders for people's peace of mind," she says, "as well as for me and the remaining families."

Currently, PBSC’s Toronto chapter dedicates some 12 law students to the program every year. They help draw up as many as two dozen wills, not just for clients of 2-Spirits, but also for people referred by Legal Aid Ontario and the 519 Church Street community centre. At 21 law schools across Canada, hundreds of PBSC volunteers work on the Wills Project and other probono programs, with the help of local lawyers who mentor them on their own time. Not only do these volunteers fill a critical void in the legal system, says PBSC's executive director Nikki Gershbain, LLB 2000, they add a layer of value to their legal education that could never be accessed via the classroom.

Katy O'Rourke says PBSC helped define her career path. "I can't imagine trying to seek out my own opportunities to volunteer and contribute," she says. "PBSC offers soPortrait of alumna Katy O'Rourke many opportunities that students wouldn't be able to do otherwise."

"Law students are just the perfect group because they're learning, they want to learn even more, they're very compassionate as a rule and there are large numbers of them," Gershbain says. In fact, although probono work is not a mandatory piece of the law school curriculum in Canada, PBSC recruits some 1600 students every year, and keeps a waiting list of about 700. But the organization is seriously strapped for cash, and Gershbain is a tireless fundraiser. A consistent cash flow and more resources would bolster programs and opportunities, she argues, better serving an already robust dual purpose.

"If we create really engaging opportunities for students in all areas of the law, students will do it because they see value in it," she says. "I truly believe they can make a difference. There just aren't enough lawyers out there who are able to do the kind of probono work that needs to be done to fill the gap."

Katy O'Rourke

 

For Katy O'Rourke, JD 2013, PBSC was a source of inspiration, experience and income during law school. She volunteered in several of its programs and was employed by the organization as a program coordinator. She ran the Wills Project in her final year. Now an articling student at the union-side labour firm Ursel Phillips Fellows Hopkinson, O'Rourke says PBSC helped define her career path. "I can't imagine trying to seek out my own opportunities to volunteer and contribute," she says. "PBSC offers so many opportunities that students wouldn't be able to do otherwise."

It also fills a critical need for people like Dakota Marks, who didn’t have the means to pay a lawyer to write up his will, but who needed one even if he hadn't realized it. Adopted and raised by a loving Caucasian family in Montreal, Marks is a Split Lake Cree. He was born to a First Nations mother in Thompson, Manitoba. After reconnecting with her several years ago, he wanted to make sure both his families were looked after in the event of his death.


"It was very important to me to know there wouldn't be any funeral expenses for my parents," he says. Marks plans to leave some mementos for siblings, nieces and nephews. And his will ensures that after his cremation, his remains are divided between loved ones in Montreal and Winnipeg. It's given him a totally unexpected sense of relief.

"It's an awesome thing that people should have done right away, as soon as possible," Marks says. "I'm just happy I don't have to use mine yet."

See Yourself Here 2014 drew a record crowd of eager future law students

$
0
0
Tuesday, March 18, 2014
Diverse students at a panel on stage at See Yourself Here open house

Law students welcome attendees to See Yourself Here: (left) Moderator Jonathan Chan, David St. Bernard, Emma Arenson, David Bach, Ledya Yohannes and Hani Migally.


Outreach program welcomed students from diverse schools across the GTA, as law school continues to be a compelling goal

By Lucianna Ciccocioppo

There’s no lack of interest in attending law school, as our recent See Yourself Here open house had its largest turnout ever—more than 170 attendees. Students from high schools across the GTA, including the Peel and Durham school boards, in addition to undergraduate and mature students, filled the information and panel sessions on how to navigate the law school admission process, course offerings, financial aid options, experiential learning opportunities and the various legal careers available after graduation.

“I decided to come here [at SYH] to see what I might be doing in the future,” said Alexander Clarke, a high school student from Scarlett Heights Entrepreneurial Academy in Etobicoke. “I really loved it. I got a lot of insight, learned about different pathways, and got some experience in the mock trial which was really fun.” Clarke says he was unaware of the combined JD/MBA program, and “I’m kind of looking forward to studying that for my future.”

Student crowd a registration desk, blue UofT banner beside deskRegistration time

Alumni panel faces group of students in a classroomOur alumni volunteered to talk about their career paths after graduation from law school.

The open house has grown over the last seven years to encourage high school, university and mature students from diverse economic and multicultural backgrounds—many who are first generation Canadian or the first to attend university in their family—to apply to law school. Faculty, current students and alumni volunteered their time to participate in motivating speaker sessions, educational workshops, and a networking reception with attendees.

Rosalie Minassian, an undergraduate student at the University of Toronto Scarborough, said she was always interested in law, but wanted to hear first-hand from current students about law school life and the admission process.

“I was already excited before I came here, but hearing their experiences has been very inspirational for me,” said Minassian, who is studying political science and city studies. “To hear that some alumni came from different university backgrounds and from low-income families has inspired me even more.”

That’s exactly why second-year law student Ash-Leigh Lewandoski volunteered for See Yourself Here. “It’s a good opportunity to talk about the law school to prospective students, and give them insight to how diverse the trajectory to get here really is. It’s good for them to know that law school can be an option for them.”

Students participate in mock trial in classroom setting with attendeesMany See Yourself Here attendees said the mock trial was one of their favourite parts of the open house.

See Yourself Here had special meaning to 2L Cindy Yi “because I attended the event as an undergraduate.” She remembered all the questions she had about applying to law school yet didn’t know whom to ask. “I remember it all crystallized for me when I came to UofT law school and talked to law students. It became a dream for me to attend the Faculty of Law.”

For Nadia Zaman 2L, the significance of diversity in the law school extends beyond these campus walls. “Diversity is very important as well in the legal profession, and I think it starts right here…To have people available to talk to and get a feel of what law school might be like, and receive encouragement to apply is very important.”

Yi agreed. “It makes a big difference to see a person right where you want to be.” As for UTSC student Minassian, she’s more than ready to start the application process. “110 percent!”

Watch the video about the event:

Photos: Taha Muharuma 


Leilani Farha '95 appointed UN Special Rapporteur on adequate housing

World Pride Human Rights Conference plenary celebrates achievements, highlights work still to do

$
0
0
Friday, June 27, 2014

By Suzanne Bowness

Former PM of Iceland Johanna SiguroardottirAs the recently retired prime minister of Iceland, Jóhanna Sigurðardóttir is likely accustomed to addressing crowds larger than those that fit in Convocation Hall. And yet, in opening the first public plenary of this week’s World Pride Human Rights Conference at the University of Toronto, she said despite being known as the world’s first openly lesbian head of government, this was her first speech at an LGBTI (Lesbian, Gay, Bisexual, Transgender and Intersex) event. The admission was met with thunderous applause.

In her introduction to the panel, law professor and conference co-organizer Brenda Cossman told the audience while Canada has much to be proud of, including its pioneering approval of gay marriage, there is still progress to be made, particularly in continued advocacy for transgender rights, LGBTI youth, and two-spirit identities. Cossman, director of the university’s Mark S. Bonham Centre for Sexual Diversity Studies, is herself a leading scholar in the field, and an activist for the community.

Designed to extend the conference’s reach beyond its 400 international attendees, the daily public plenaries featured “pathbreakers” whose advocacy and example are pivotal to the LGBTI community. This first presentation set a standard—in addition to the former PM, participants included Icelandic novelist Jónína Leósdóttir (Sigurðardóttir’s wife), activist Edith Windsor (most recently famous as the winning plaintiff in the 2013 landmark discrimination case for spousal benefits) and Justice Harvey Brownstone, who is the first openly gay judge in Canada.

Prof. Brenda Cossman As Cossman noted, the presentation took place “in two acts.” In the first act, Sigurðardóttir and Leósdóttir each provided perspectives on being in a public same-sex relationship. In the second, Brownstone interviewed the 85-year-old Windsor about everything from her recent legal win to her marriage to what she thinks is next for the LGBTI community.

In her address, Sigurðardóttir reflected on the struggles she had in common with the LGBTI community, especially the fact that she’d “had to hide her feelings” for a decade and a half, and the gratitude she felt towards activists in Iceland who helped to motivate change in the 1990s. While she and her wife started living together in 2000, they will only celebrate their four-year wedding anniversary this week. The couple changed their status the day after marriage was legalized in Iceland.

Recalling the few ugly letters she received alongside the many supportive, Sigurðardóttir addressed the road ahead for LGBTI activists, quoting unsettling statistics about the number of countries that maintain anti-gay laws and sentences as extreme as death by public stoning. “In many societies a lot has been achieved, but in many the situation is still grave,” she said. “Progress is extremely slow in too many countries.” She ended her address by grasping Leósdóttir’s hand and raising it in victory, to the first standing ovation of the afternoon.

“Hi, I’m the wife,” said Leósdóttir to laughter and applause as she took to the podium after Siguroardottir. She proceeded to detail the couple’s story, as described in her recent memoir Jóhanna and I, a title she chose because she was unable to say the phrase publicly for most of their relationship. She recounted very ordinary process by which the couple fell in love, divorced their then-spouses, and raised their three boys together. She also described the extraordinary position later of being the first same-sex spouse of a head of government, again a position where she encountered support but occasional discrimination.

By way of opening his interview with Edith Windsor, Brownstone asked the woman he called “the Rosa Parks of gay rights” how it felt to be back in Toronto. He was referencing her 2007 trip to marry her partner of 40 years Thea Spyer, who was dying of multiple sclerosis. He officiated at their ceremony. The couple’s story was the subject of the documentary Edie and Thea: A Very Long Engagement. Brownstone’s conversation ranged through the recent court case, the wedding planning, the documentary, and her comfort level with being a role model (“I love it,” she answered to applause).

He also asked her about the future of the movement, which she answered by encouraging “mainstream gays” to continue to fight for those who still struggled. In particular she echoed the need for continued action for transgendered people, noting that their struggle is not just over marriage licenses but birth certificates.

Said Windsor: “Being back here is full of memories but more than that full of community, and I can see it spreading.”

Photos: John Guatto

IHRP intern, Evan Rankin, reports from Bangkok

$
0
0
Friday, August 15, 2014
IHRP intern Evan Rankin

This summer I have had the pleasure of serving with UN Economic and Social Commision for Asia and Pacific (UN ESAP) in Bangkok. As an intern with the Social Development Division, I focus on legal barriers to effective HIV programming in Southeast and Central Asia. I have had the opportunity to engage deeply with these issues. My work has required adaptability: I arrived just in time for the climax of the protests in Bangkok and the subsequent coup and martial rule. This meant avoiding the UN compound for a few weeks and occasionally evacuating my area of the city. The UN compound has now reopened, but the experience helped build confidence in my own flexibility and risk tolerance.

I have a number of projects underway and several discreet tasks have already been accomplished. My first task was a survey of punitive laws that impede HIV programming or negatively impact key populations in Central Asia (for example, Tajikistan). This was relatively straightforward, but was a good familiarization before beginning one of my major work projects: an in-depth review of the legal situations facing sex workers, men who have sex with men (MSM), and drug users in India, Russia, Cambodia, and Malaysia. These country reports document how laws are used (or abused) in ways that increase stigma of key populations or subject them to human rights violations by the state. These laws can include everything from explicit criminalization of same-sex acts to nuisance laws, to NGO incorporation rules that, in effect, ban NGOs from advocating on behalf of key populations. The reports also include commentary on any relevant case law which I have managed to find.  

The next step for these analyses will be to translate their key legal points into language suitable for posters intended for display at the regional intergovernmental review meeting of national efforts towards the anti-HIV goals set out in the 2011 Political Declaration. The intention is to generate an impact on meeting participants which connects their legislative environment with the real life experiences of individuals within key populations.

Alongside these country reports, I was asked to analyze the Supreme Court decisions of Pakistan, India, and Nepal which create state recognition of a third gender. These decisions will help to eliminate stigma against Hijras, transgender individuals, and a variety of other groups, facilitating their access to HIV services. I prepared reports on each decision (except Pakistan’s Supreme Court decision, which I have been unable to locate) which explained the reasoning behind the decision, the precedents it draws upon (which is often a patchwork of international covenants and foreign common law precedents), and described exactly what was being recognized by the Court.

I will continue to create the country reports, and will also begin a review of national and international laws that impact the cost to countries of HIV medications. This will entail continuing earlier research into TRIPS flexibilities, examining case law (specifically Novartis AG v. Union of India, a landmark patent decision in India), and highlighting how countries have responded to TRIPS flexibilities with domestic legislation.

Finally, I have been able to do some traveling around Thailand. I spent four days in Chiang Mai seeing the local temples (some of the most beautiful in the Buddhist world) and trekking in the jungle near Myanmar. I have participated in Buddhist blessings, learned to negotiate with taxi drivers, and ridden elephants. Even on workdays, I have managed to see the sights of Bangkok by venturing to flower and fruit markets at 5am and earlier. I even managed to tour Wat Pho at 6am without seeing another tourist!

Evan Rankin

Getting into UofT Law - JD Admissions

$
0
0
Wednesday, September 17, 2014 - 12:00pm to 1:00pm
Add to Calendar
Location: 
room 119, Woodsworth College, 119 St. George St.

JD Admissions visits UofT Department of Criminology

JD AdmissionsGet the inside scoop on applying to our JD program directly from the Faculty of Law Admissions Office and hear from current law students. 

Learn about our whole-person admission process and how to improve your application to our JD program. 

Eventbrite - UofT Law JD Admissions visits UofT Criminology

JD Application Information Session

$
0
0
Saturday, September 27, 2014 - 1:30pm to 3:00pm
Add to Calendar
Location: 
Emmanuel College, room 119

Apply to U of T Law: JD Application Information Session

cover

Please join us for an interactive discussion that will better prepare you for a successful application. Get the inside scoop on applying to our JD program directly from the Faculty of Law Admissions Office and hear from current law students. 

Learn about our whole-person admission process and how to improve your application to our JD program. Topics reviewed in this interactive session include:  

  • Our admission requirements and unique selection process
  • Our dynamic curriculum 
  • Combined program options and certificates  
  • Career supports to help you succeed
  • Financial aid and student life 
  • "Out of class" opportunities including legal clinics, programs and exchanges 
     
  • Plus, the event will feature:
    our Aboriginal Law Program Coordinator who will describe the types programming and supports available to Aboriginal students.

Eventbrite - U of T Law - JD Admission Information Session

Viewing all 167 articles
Browse latest View live


Latest Images