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A magazine for alumni and friends of vox communitatis|2003 TheThe “down“down under”under” connectionconnection JoeJoe Arvay,Arvay, humanhuman rightsrights championchampion BuildingBuilding CampaignCampaign receivesreceives $1$1 millionmillion boostboost DennisDennis O’ConnorO’Connor honouredhonoured [ Contents ] Features A PLUMBER WITH WORDS ...................................................................... 10 Joe Arvay uses the Charter as a tool to advance human rights LEARNING “DOWN UNDER” .................................................................... 14 Western Law has forged strong academic ties with Australia and New Zealand THE JANUARY TERM ................................................................................ 17 Simon Evans, University of Melbourne, describes his month-long stay at Western Law HONORARY DOCTORATE FOR CHIEF JUSTICE O’CONNOR..................... 18 Former Western Law professor is honoured at convocation NEVER A DULL MOMENT ......................................................................... 20 In an anything-but-conventional career, Ron Atkey has found a way to combine his many interests INFORMATION & TECHNOLOGY LAW AT WESTERN ............................... 23 Q&A with Professor Margaret Ann Wilkinson JUDGE-IN-RESIDENCE ............................................................................. 25 Madame Justice Lynne Leitch reflects upon her year at Western Law FINAL ARGUMENT .................................................................................... 47 Democratic Deficit: Is it time for electoral reform? Nathalie Des Rosiers, President of the Law Commission of Canada Departments From the Dean’s Desk ............................................................................... 3 Message from the President of UWOLAA.................................................. 4 Legal Briefs: News of the School ............................................................... 5 Faculty News ............................................................................................. 26 Development ............................................................................................. 38 Alumni Events .......................................................................................... 40 Class Action ............................................................................................. 42 Vox Communitatis Issue 2 Photographers: Shawn Simpson, Becky Bannerman Editor in Chief: Dean Ian Holloway Vox Communitatis is the alumni magazine Managing Editor: Becky Bannerman of the Faculty of Law, The University of Faculty Advisors: Western Ontario. Canada Post Michael Lynk, Grant Huscroft Publication Agreement No. 40710538. Editorial Consultants: The views and opinions expressed in Vox Morden Communications Communitatis are those of the authors and not necessarily of Western Law. Design & Production: Hill Street Ad & Design Comments and contributions are welcomed. Contact us at Contributors: Max Morden, Pat Morden, [email protected], Ph: 519/661-2126, Justice Lynne Leitch, Nathalie Des Rosiers Fx: 519/850-2412, http://www.law.uwo.ca Editorial Board: Becky Bannerman, Ian Holloway, Ben Hovius, Grant Huscroft, Michael Lynk, Helen Rady Copyright 2003, The University of Western Ontario. FROM THE today’s global reality. It so happens that page 13). The Latner Foundation has been a almost a quarter of our faculty has either regular supporter of universities, and worked or studied (or done both) in especially student-oriented projects, for Dean Australia and New Zealand, and we thought many years. Here at Western, for instance, that it might be fun to write something the Foundation two or three years ago about that. Likewise, ours is among the purchased a home for the Jewish Students I have of late been in what one might call a most exciting programs in IT/IP law of any Association. Our gift, however, is the largest “Holmesian” frame of mind. By which I law school in Canada today – a point which such gift that the Latner Foundation has mean that I have been occupied in reading is made amply clear in the piece which made to date – and it represents one of the a good deal of Oliver Wendell Holmes Jr, begins at page 23. largest gifts that a Canadian law school has that extraordinary figure in our common In my message in last year’s Vox, I said ever received from a charitable foundation law story. I have been doing this for two that as much as being about the law school, (other than a provincial Law Foundation). reasons. First, I have been working on an we want this magazine to be about you – In addition to the Latner gift, we also had essay on Mr Justice Rand’s – Dean Rand’s, I our alumni and friends. That’s why I’m so occasion during the year to celebrate should of course write for this audience – happy that the “Class Action” section has significant gifts from Torys and McCarthy views on legal education, and it is apparent grown so dramatically. I hope that you Tetrault, and from individual alumni Mitch that they were developed in large measure continue to keep us informed of what Frazer (’99) and Kevin Comeau (’82). by his experiences at Harvard, in the milieu you’re doing. As I have had occasion to say Yet, underlying all of the good news is that Holmes helped shape when he was a personally to some of you (though Mr the fact that we continue to operate in a member of faculty there. The second is that Justice Holmes put the point so much more very unstable financial environment. At the I was moved to quote Holmes in the eloquently), we will be a successful law moment, Ontario has the lowest level of citation for the Honorary Doctorate that school if we have graduates who have had per-student funding for universities of any was bestowed on the Hon Dennis successful and fulfilling careers. So your province in Canada. And I once heard our O’Connor, the Associate Chief Justice of news is as important to us as our news. university President say that if Ontario were Ontario (and former Western faculty In this vein, one of the best parts of my a US state, we would be fiftieth out of fifty- colleague!) during the June Convocation. job is getting to meet so many of our one in terms of the level of public funding My reading led me to one of Holmes’s graduates, and hearing their stories (both for university education – only Mississippi speeches, which he gave at a ceremony to the good and the not so good!) of their would rank lower! Unfortunately, as I sit at celebrate the 250th anniversary of the time in law school. This past year, I’ve my desk writing this, I do not see the public founding of Harvard. Speaking of the role continued to get to know the London legal funding horizon getting any brighter. of law schools, Holmes said that the aim of community and to keep up my regular Health care costs are not likely to decrease a law school should be “not to make men visits to Toronto. I was also very pleased to any time soon, and for the next few years, in smart” (for he was writing in an era in be able to meet with groups of alumni in Ontario at least, any additional university which his audience was all male), “but to Ottawa, Calgary and New York. But it funding will be directed towards coping make them wise in their calling – to start would be wrong to think that our alumni with the so-called “double cohort” of them on a road which will lead them to the connections consist only of external calls by entering students that stemmed from the abode of the masters.” the Dean. On the contrary, it is a source of abolition of Grade 13. If there is any dim I can’t imagine a better – or more tremendous pride that a large number of aspect to my job as Dean it is this: trying to prosaic! – way in which to describe how we alumni play an important part in the daily maintain ours as a leading law school in a see our role at the Western Law School life of the school, whether through service time when the government seems to have today. As we face up to the many external as an adjunct member of faculty, or as a so little regard for legal education. pressures that bear upon us in this era of guest lecturer. This year, a particular One final happy note: on May 26, Helen seemingly-endless need for financial belt- pleasure was being able to host two Rady (Class of 1981), the President of tightening, it comes as a solace for me to alumnae on extended visits to the law UWOLAA, was sworn in as a Judge of the reflect upon the noble purity encapsulated school. The Hon Lynne Leitch (‘78), of the Superior Court of Ontario. It was a in Mr Justice Holmes’s remarks – and as a Superior Court of Ontario, spent her year- wonderful occasion for a wonderful challenge to measure ourselves today long judicial sabbatical with us, during woman! We all wish her the very best according to their spirit. which she immersed herself completely in in this new phase of her career. My sense is that we come out pretty well, the life of the Faculty. Likewise, Mary Potter Umquam ad altima. and that much of what is in this edition of (‘87) took a leave from the Crown Attor- Vox Communitatis bears this out. We are, ney’s Office, to work as a Review Counsel in for example, profiling two very special Community Legal Services. Their reflec- alumni, Joe Arvay and Ron Atkey. Both tions on their year in the law school are have made an important contribution to featured in this issue. Canada in their years since law school – but This past year has been the most each in a different way, which says some- successful in terms of Development that we thing