Wednesday, November 05, 2008

There's Good News and There's Bad News

The good news is: He Won!

Boy, the law school was excited today. Professor Sheila McIntyre gave quite a moving endorsement in her opening to today's Greenberg Lecture (I swear, being surrounded by that many feminists always makes me want to cry with joy).

Remember:



See here for the bad news.

So listen, I know I didn't post anything when that robot (and I don't mean that as a compliment) Stephen Harper won (sort of) the Canadian election. It might have been despair. I feel quite sad about the state of democracy in Canada. I hope, as the Onion wrote today, that Canada doesn't have to get "shitty enough" to make social progress happen. But it might.

I have a sneaking suspicious that hope (without making a judgment on the validity of said hope) might start to build here. Personally, for an Obama-level change (and it's going to be an uphill battle every single inch), I think we might need to elect an Aboriginal Prime Minister.

This Might Be A Problem

I was doing research for a paper in my Aboriginal Law class and came upon this telling FAQ page:


Is it just me, or is something wrong with that?


(Apparently you have to click on it to get the full effect. I can size it right for some inexplicable reason.)

Monday, October 20, 2008

Things That I've Been Lately Reading:

  • Sun-tzu, The Art of War (edited and translated by John Mumford)
  • Margaret Atwood, Payback: Debt and the Shadow Side of Wealth
  • Joseph Boyden, Born With a Tooth
  • Joseph Boyden, Through Black Spruce
  • Constance Backhouse, Carnal Crimes: Sexual Assault Law in Canada, 1900-1975
  • Naomi Klein, The Shock Doctrine: The Rise of Disaster Capitalism

All of these and more (i.e. textbooks) are on the go. I'm just taking them little bits at a time, because I can't afford the time to read them all at once, but I also feel like I can't put them off to a time when my schedule will be free and clear for reading. Because, when will that be?

Wednesday, October 15, 2008

Wow!

As I drove back to OT yesterday, I stopped in Bancroft for gas. And I paid less than $1 per litre! I haven't paid less than a dollar in what feels like months. Whether in fact it has been months, or how many months it has actually been, is nebulous.

See, there are good effects of the global economic meltdown. Personally, I am sort of in favour of high gas prices (though I wish it was through taxation which benefits government coffers and not via enriching polluting oil companies), because it better reflects the real environmental costs of fossil fuel use. However, I am sort of doing my part by traveling back country and staying off highways, where high speeds result in both increased emissions and fuel burned (is this different or the same? I'm not exactly sure). Anyway, as a somewhat poor student, I was happy for the reduction in price.

Wednesday, October 08, 2008

Best Case Today

Bastard v. Smith (1838), 2 Mood. & R. 129.

I'm not kidding. It's a real case.

Thursday, September 11, 2008

Angry. White. Female.

See, this happens to me all the time. I say I'm going to start blogging again, and then I get overwhelmed by the kind of sad reality that exists in the world and I can't even put into words my sadness, my anger, my sense of helplessness....

This semester, I am in two difficult classes: the Law of Sexual Assault and Aboriginal Law. One makes me angry based on my gender and one makes me angry based on my race. One for being a victim of my gender, and one a perpetrator of my race.

One of our first readings in the SA class...Okay, aside required: really, I can't bring myself to write "sexual assault" too often, because I now have to think about it so much. I've taken to referring to it as my "Crim" class. I suppose it's a way of neutralizing it, kind of like reforming the law to call it "sexual assault" instead of rape neutralized it within the criminal law. Anyway, one of our first readings was from Andrea Dworking, respected, lionized, hated and despised radical feminist. It was a transcript from a speech she gave at a conference of the National Organization for Changing Men in 1983. I feel these words apply equally to men--as Dworkin intended--as they do to me as a white person:

...everything is a reason not to do something about changing the fact that you do have that power.

Hiding behind guilt, that's my favourite...Oh it's horrible, yes, and I'm so sorry. You have the time to feel guilty. We don't have the time for you to feel guilty. Your guilt is a form of acquiescence in what continues to occur. Your guilt helps keep things the way they are.

...mostly your guilt, your suffering, reduces to: gee, we really feel so bad...And I'm sorry that you feel so bad--so uselessly and stupidly bad--because there is a way in which this really is your tragedy.

...You damn well better believe that you're involved in this tragedy and that it's your tragedy too.

So, that is what I'm thinking about these days. I'm thinking about graduating in 10 months and joining a profession which can perpetuate and perpetrate as well as force change, protect, and do right. Where will I be?

This song has been doing it for me:

Tuesday, September 09, 2008

Worst. Blogger. Ever!

Apparently it's a good thing that I'm going to be a lawyer because I'd obviously be a dismal failure as a professional blogger.

A ridiculous rain shower just struck, and I have a fairly perfect view from my 22nd floor window. Across in Gatineau, it's blue skies. From here, I don't really need the Weather Network, because I can just watch the weather roll in.

Ah, Gatineau. You know which city Gatineau is across from? That's right. Ottawa.

Here we go again.

I shan't bore with tedious descriptions of the relative disdain I'm feeling (if my mood were a facial expression, it would be a scowl) about being back at it for 3L. I felt moderately better after having lunch with Trixie and TF&C yesterday. Almost the only good thing about 3L is that I've only got 8 months left.

Not that I should be too negative. I picked my classes this year based entirely on what I was interested in (Admin Law excepted) and which profs I wanted . So, there is potential for improvement. And, I would dearly like to enjoy the last 8 months of formal education that I will be subjecting myself to for at least the next, oh, I'd say 5 years.

In 8 months, some of the best friends I've ever had will scatter to the four corners, so I should be grateful that we've got this time together. And I am. It's just kind of a shame that law school is getting in the way.

Now, I just have to hang in there and get through it.

Friday, April 18, 2008

End of 2L Update, Part II

My Constitutional Law II exam begins in 32 minutes. It's a take-home (or download-at-home). In lieu of panic or furious last-minute studying, I'm going to blog. This is either a reflection of supreme confidence in my ability to write something coherent in the next six hours or a reflection of my zen-like acceptance of my fate ("....if you do not understand, things are as they are").


This is a picture of my book, with all sorts of little flags. These are supposed to help me, but I have no idea whether they will. I just think they kind of look pretty and they make me feel better.

I'm listening to the Talking Heads at full blast.

"And you may ask yourself, how did I get I get here....?"

That, my friends, is a story that will take longer than the next 27 minutes...

Good luck.

Thursday, April 17, 2008

Self-depricating Humour

Q: Doctor, before you performed the autopsy, did you check ofr a pulse?

A: No.

Q: Did you check for blood pressure?

A: No.

Q: Did you check for breathing?

A: No.

Q: So, then is it possible that the patient was alive when you began the autopsy?

A: No.

Q: How can you be so sure, doctor?

A: Because his brain was sitting on my desk in a jar.

Q: But could the patient have still been alive nevertheless?

A: It is possible that he could have been alive and practicing law somewhere.

That's from some compilation of actual transcripts from cases in the US somewhere. I want to know what that case was about.

Tuesday, April 15, 2008

Helpful Direction for Law Students Examining Constitutional Questions

From Ward v. Canada (AG) et al. [2002] 1 SCR 569 at para. 17:

"The first task in the pith and substance analysis is to determine the pith and substance...of the law."

Heavens! If it weren't for that insightful direction, I never would have guessed that a pith and substance analysis would involve a determination of the pith and substance of a law.

For Anyone Who Wants to Automate Jurisprudence

"In any event, it ought to be clear that a judge interpreting a federal constitution is no mere automaton--that, on the contrary, he has critical choices to make at different stages of the process."*

That Robots class is following me everywhere I go.

We're surrounded! Head for the hills!


*WR Lederman, "The Balanced interpretation of the federal distribution of legislative powers in Canada" in JE Magnet, Constitutional Law of Canada, vol. 1, 9th ed. (Edmonton: Juriliber, 2007) at 279.

Monday, April 14, 2008

End of 2L Update, Part I

Okay, did I even comment last week about the end of 2L course work? TF&C, what's that quote from T.S. Eliot? "This is the way the world ends; not with a bang, but a whimper" is the way it goes, I think. So went 2L.

After a couple days back at the ranch to see the fam and deal with AHC business stuff (web designers, ads, gentleman's agreements), I returned to O.T. on Saturday for my last full week here. Exam on Friday, move out on Saturday, head back home and crack out a couple of papers.

This year has officially been kind of a mess, and I've had to undergo a bit of an attitude adjustment, summarized here, in order to survive my somewhat logistically ridiculous life choices. In spite of the craziness, I've actually done some work this year that I'm really proud of (a trend which will hopefully continue until April 30). The stuff that was disappointing to me was less about personal failure than about system failure. It's not easy travelling two days a week, trying to meet everyone's needs and give both family and school their due. Top off with selling a house in a crazy market, moving the family, getting the kiddies into a new school AND language, starting a new business...you get the idea.

Exam rituals? I have cleaned my room today. So far not too much junk food, and no pop (soda water, though). It's early going though. Music on shuffle: several Beatles albums, Tragically Hip, Broken Social Scene, Led Zepplin, Bob Marley, Franz Ferdinand. Don't ask me why.

And, today is our wedding anniversary. Lucky number seven. Six years ago on our anniversary, both AHC and I decided to go back to school, me for media and he for culinary management.

Could we have imagined then any of this now?

Tuesday, April 08, 2008

Please Hold, Someone Will Not Be With You Shortly

On Friday, I hitched a ride back to T.O. with FCLF (French Common Law Friend). We had a rendezvous at the Thrifty on Laurier. I was a few minutes early, so I wandered in and sat down in the waiting area. Now, I wasn't being particularly noisy or anything, but I wasn't in stealth mode either. I sat there close to 10 minutes without seeing even one employee.

FCLF showed up at the appointed meeting time, and we started talking so it is likely that someone heard us (or should have). He waits a minute or so and then wanders over to an open door that apparently leads to the office space.

"Hello? Hello?"

No one comes out. There's no bell, there's no sign indicated someone will be back in five minutes. How do we attract attention? FCLF calls them on his cell phone.

"Hi, I'm standing out front and there's no one here and I have a reservation."

Okay, so then whomever he was speaking to actually put him on hold! We could actually hear the person in the back. I don't know why he was put on hold when he or she could have just said someone would be out in a couple of minutes. But he decided to stay on hold just so we could see how long it took. And it lasted at least three minutes before the utter ridiculousness of it caused FCLF to hang up. At which point someone did actually come out to the front to say that someone else would be with him....when they could find the guy.

THEN, after the relevant guy shows up (another couple of minutes) and starts the reservation, the phone rings and he picks it up without a word to FCLF and proceeds to have a fairly long conversation (in normal time, not so long maybe, but in customer service time when you're ignoring another customer who is right in front of you and whose transaction you've just interrupted, a very long time). This is one of my HUGE customer service pet peeves. And if you have to talk on the phone in the middle of my transaction, you better say "excuse me" before you pick up that phone and then you better apologize when you hang up.

The only good part of that whole encounter was that we got a free upgrade because there were no compact cars available.

Tuesday, April 01, 2008

Reason, Finally

I am so pleased to see this article in The Toronto Star today, on a new report on homework from the Toronto District School Board. Some of the recommendations include:

  • no homework for kindergarten kids
  • no homework over holidays
  • up to grade 2, having homework consist mostly of game playing, discussions or cooking with family
  • grade 7 & 8 students should have no more than 1 hour per night of homework combined across all subjects and high school students no more than 2 hours
I'm so happy to see some wisdom on this issue. Our new school has been pretty good on the homework front, but when TG started grade one in Toronto, you may recall some of my trepidation about the expectations laid out by her teacher. This extended to homework, which we invariably only completed fully about half of the time (we had a lot on our plates, and better things to do with our family time). Each week we got a little pink sheet detailing each day's homework (this is mostly fine, the report recommends assigning homework in blocks so parents can plan, but it didn't need to be assigned down to the day) with the ominous reminder at the bottom "Homework will be graded."

TG got a C in homework. Seriously. I just shook my head at that because she couldn't do that work on her own, she needed our help to read the instructions and sometimes more. When the work didn't get done it was very clearly our fault, not hers. The report also says that non-completion shouldn't affect a student's overall grades.

Some of our friends in Toronto are still lamenting the amount of work their kids are getting. I don't blame them. Before we left, TG's teacher told us she was concerned about her switching to full French (from immersion), and was worried she couldn't handle it. This teacher was nice, but I think had entirely unreal expectations of the kids. We got TG's first report card from her new school and she got a bunch of A's and B's. No C's. And no grade for homework.

Sunday, March 30, 2008

Earth Hour

We participated in Earth Hour yesterday. I don't think any of our neighbours really did, but we shut off the lights and computers and whatnot and had fun by candlelight with the kiddies and niece and nephew.


Playing Blockus

The boys play with superheroes

The girls play dominoes

The fish observe Earth Hour by turning off their tank light

Fun was had by all.

Wednesday, March 26, 2008

Internet Problems Revealed, Solved!




A very helpful technician from Bell showed up today to fix our wireline (finally, it only took them three months to figure out it needed to be done). Since we moved in January to our awesome and lovely century home, the internet has been a continuous problem (you can only imagine my horror), either not working at all, or working very slowly or only half working (in spite of the fact that we're in a 6 zone or something). He replaced a bunch of sub-standard wire not fit for internet. He also removed the thing you see above, "the original phone box" which routed the line from the street throughout the house. The very nice tech thinks it was probably installed around the time of the war. And I don't mean the Iraq war, part one or part two.

The fact that the internet worked at all routing through that old technology makes me kind of impressed. We have a brand new, modern phone box encased in grey plastic. It works a lot better, which makes me happy and all, but it's certainly not as pretty or interesting to look at as the original ceramic piece. Another antique for our collection.

Turning (No, Not Turing)

This past weekend I celebrated my naissance by throwing a party for someone else. AHC got hired by the boss/friend of a friend to do a fancy dinner and I went along to help him out because a) it was a Saturday night and being out without the kids is almost a date b) the business is 50% mine so all of my control-freak instincts are completely reasonable and c) AHC is really in his element in this type of setting and I rather enjoy watching him practice his craft and supporting him when I can.

In spite of not really partying for myself, there was undeniable satisfaction in the work. I spent my time making stemware sparkle, setting the table (when in doubt, Emily Post), preparing party favours (AHC's balsamic reduction in little jars for the guests), doing dishes (yes, dishes), helping plate to courses and serve them, and occasionally giving presentation advice (I saved him from making an error in judgment on the Roma tomato & boconcini salad).

What I was doing was labour, an interesting fact given the recent work Trixie and I did on slavery and technology and higher pursuits versus lower pursuits. It's a nice change from school, which, at its worst, is not much more than intellectual wanking. At its best, it's something really interesting and worthwhile, but I have alluded in my recent posts to my sense it's just been a lot of wanking this year. (My perspective changed recently after the presentation Zen I experienced with Trix a week ago. I'm feeling a lot more energetic about the thoughtful pursuits these days). Intellectual fatigue is something much different than the physical fatigue that hits after you've been on your feet for 7 hours labouring. Helping AHC on a few occasions these past few weeks has provided a nice counterpoint to my other life.

So there it is. I turned 30 in someone else's kitchen doing something that we both like to do. (I even have my own whites, which make me feel slightly like a poseur, but AHC assures me I'm just fine.) I'm not one of those people who freaks out about getting older. I still believe that the farther I get away from my adolescence, the better. I will, however, look forward to a time in my life when my birthday won't fall at the end of the semester (no one is in the mood to have fun!).

Saturday, March 15, 2008

On a scale of Un to Zen

"If you understand, things are as they are. If you do not understand, things are as they are."

Wednesday, March 05, 2008

One liner

I have just been reading a number of articles for my Robots class (yes, Robots!), and I was struck by this line from Duncan Kennedy:

"I think their answers to questions like those I have been addressing are just made up out of whole cloth to....scratch the itch of existential dread before the unknowableness of the most important things in life."*

Like, wow. I totally know how that feels, and I think it beautifully puts words to the unease of my current state of mind.


*"Toward A Critical Phenomenology of Judging" in Allan C. Hutchison and Patrick Monahan eds., The Rule of Law:Ideal or Ideology (Toronto: Carswell, 1987).

Tuesday, March 04, 2008

Stick(er) it to 'em



In an effort to motivate me at school (she's not deaf, obviously she's heard me complaining some this time around), my adorable child has provided me with the above selection of stickers and helpful advice on how to use them to get my work done. She suggests setting a timer and setting a goal for myself in the allotted time. If I am successful, she says I can give myself a sticker to decorate my computer.

When I talk to her at night, she frequently asks me if I got any stickers today. This invariably makes me smile. And because I don't want to a) lie to her and b) disappoint her, I find myself using this system of mild-mannered behaviour modification.

In so many ways, she has truly changed my life.