A RETROSPECTIVE Osgoode Hall Law School 2012 – 2015
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Osgoode Hall Law School of York University Osgoode Digital Commons Obiter Dicta Alumni & Law School Publications 4-6-2015 Volume 88, Issue 14 (2015) Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/obiter_dicta Part of the Law Commons Recommended Citation "Volume 88, Issue 14 (2015)" (2015). Obiter Dicta. 22. http://digitalcommons.osgoode.yorku.ca/obiter_dicta/22 This Book is brought to you for free and open access by the Alumni & Law School Publications at Osgoode Digital Commons. It has been accepted for inclusion in Obiter Dicta by an authorized administrator of Osgoode Digital Commons. Volume 88 | issue 14 | obiter-dicta.ca The Definitive Source for Osgoode News since 1928 Monday, April 6, 2015 A RETROSPECTIVE osgoode hall law school 2012 – 2015 ê Photo credit: Blackwell.ca kendall grant › staff writer t is a beautiful coincidence that two of the sense of awesome discovery. What would Osgoode last three film reviews published in the Obiter hold for us? We were ready to find out. Dicta during the 2014-2015 academic year are Well, I’m pleased to say we made it (almost). Wild Tales and It Follows. The latter reinforces Our efforts—the long nights, the sleep depriva- In this Issue... Ithe significant impact that Osgoode will have on our tion, the coffee guzzling, the exam cramming—have editorial future lives and careers moving forward, while the paid off gloriously. Very soon, we will be receiving Working on the Edge Report . 2 former rather accurately captures our experience certificates worth $75,000+, entitling us to call our- over the past three years, regardless of what path selves Juris Doctor graduates. It is a massive accom- student caucus each of us charted during our time walking these plishment, and one of which all of us should be Impact of the Strike . 3 halls. proud. It deserves smiles and tears, hugs and high opinion Three years. Six semesters. Twenty-four months fives, and at least seventeen rounds of shots when it Israeli Election . 6 (of classes). Even the temporal description sounds is all over. completely surreal. It feels like yesterday that we Yet the moments, large and small, lodged in arts & culture were standing in front of Osgoode Hall in brightly- between classes—pub nights, Passy fire alarms, Jurisfoodence . 10 coloured, Lego-themed t-shirts, basking in the mooting competitions, Ski Trip, Law Games, Mock sports warm September sun, filled with anticipation and Toronto Blue Jays . 12 trepidation about what lay ahead. There was a ner- vousness in the air that was palpable, mixed with a » see retrospective, page 14 2 obiter Dicta EDITORIAL We’re All Working on the Edge My thoughts on the launch of the “Still Working on the Edge: Rebuilding Decent Work from the Ground Up” Report n 31 March 2015, I had the opportunity to attend the launch of Ontario’s foremost report on precarious labour. “Still Working on the Edge: Rebuilding Decent Work from O the Ground Up,” is the follow-up to a landmark report drafted in 2007 by labour rights group the Workers Action Centre and community legal worker Mary Gellatly. The 2007 report, titled “Working on the Edge,” was the first comprehensive look at precarious labour in the province. Since its launch, we’ve expe- rienced a recession, an increasing income gap, and a substantial decrease in the full time jobs market; the situation for workers has only worsened. The launch of “Still Working on the Edge” rep- resents a new opportunity for the Workers Action Centre, Mary, and an inspiring team of volunteers, workers, and activists to bring the problem of pre- carious labour to the forefront. In a worsening labour market, the report provides a key pillar upon which to build reforms and mechanisms to protect workers. At the launch of the report, I had the opportunity to Photo credit: WorkersActionCentre.org hear some of their stories first-hand. ê The event was by every measure a success, espe- cially for a topic that may not draw the same initial frequently circled back to the difficulty of addressing correctly. As more workers become minimum-wage attention as other, more fashionable causes. With such a wide-spread problem as precarious labour. It is earners, innovation will stagnate as only entrepre- newspaper coverage and a slew of attendees from legal common knowledge that the problems are becoming neurs who create luxury items will find themselves and political backgrounds, the event provided an more entrenched as the income gap grows, income with a market for their goods. And perhaps most dan- opportunity to learn more about the problems facing stagnates, and more jobs become low-wage or tempo- gerous of all, as the safety net for workers is eroded workers in precarious positions. There were a range of rary. What is perhaps surprising, is the reach of these by loopholes and cutbacks, more members of society speakers, including workers detailing their personal problems into what may have traditionally been con- will find themselves falling out of wealth into pov- experiences, contributors to the report, and indus- sidered more stable industries. My table-mates spoke erty after a sickness, divorce, or other unforeseen life try and legal experts. The conference also included about the issues faced by workers in the education change. mediated discussions at our tables, which gave all the and healthcare systems, as well as the ever-decreas- With the situation spiralling downwards, and attendees an interesting chance to share and learn ing market for full time jobs. Personally, my feeling such substantial risks emerging, the “Still Working from a wide range of perspectives and opinions. is that, regardless of position or industry, only one on the Edge” report could not have come at a more Of the speakers, I was particularly impressed thing will motivate employers to change, and that’s crucial time. It is a comprehensive, personal, and in- with the presentation by Cathy Ruckelshaus, gen- liability. As long as the enforcement mechanisms are depth look at labour in Ontario, and allows readers eral counsel and program director for the National weak, and employers benefit from violations more to get a clear overview of some of the problems facing Employment Law Project in the United States. Cathy than they stand to lose if caught, it’s hard to fore- workers, and some of the most succinct and well- went to the effort of not only discussing the well- see any substantial change. If employers definitively reasoned recommendations to improve the labour known issues facing workers in precarious positions, knew that the punishment for being caught for a environment. but also highlighted some tangible potential ways labour violation outweighed any potential cost-ben- Attending the launch of the report further to address the problems. I found the review of state efit of that violation, my assumption is they would affirmed my confidence in the impressive group of efforts to combat common abuses of workers par- seriously rethink their risk assessment. individuals fighting to improve the lives of precari- ticularly interesting. Knowing that some states have If we allow the labour market to continue in its ous workers. Now that the effort to gather informa- taken steps such as assigning joint and several liabil- current direction, it will hold ramifications for our tion has yielded such meaningful results, the next ity to employers in temp hiring models gives hope society as a whole. As employees find themselves less that similar mechanisms could be established here. respected, more abused and with fewer job entitle- During the discussion periods, our table ments, they will lose the incentive to do their jobs » see editorial, page 14 editorial board staff writers Obiter Dicta is the official student newspaper editor-in-chief | Karolina Wisniewski Kate Henley, Gleb Matushansky, Erin Garbett, of Osgoode Hall Law School. The opinions managing editor | Sam Michaels expressed in the articles contained herein are a. Osgoode Hall Law School, 0014g Hannah de Jong, Kenneth Cheak Kwan Lam, layout editor | Heather Pringle not necessarily those of the Obiter staff. The York University Kendall Grant, Rob Hamilton, Esther Mendelsohn, Parmbir Singh Gill, Obiter reserves the right to refuse any submis- 4700 Keele Street editorial staff Michael Silver, Nabila Khan, Benjamin sion that is judged to be libelous or defamatory, Toronto, on m3j 1p3 business managers | Alvin Qian, Hognestad, Justin Philpott, Liane Langstaff contains personal attacks, or is discriminatory [email protected] Adam Cepler e. on the basis of sex, race, religion, or sexual ori- w. obiter-dicta.ca communications manager | Carla Marti contributors entation. Submissions may be edited for length t. @obiterdictaoz copy editor | Subban Jama Lauren Katz, Ophelie Zalcmanis-Lai and/or content. news editor | Mike Capitano “If there were no bad people there would be no opinions editor | Carla Marti TheObiter Dicta is published biweekly good lawyers.” charles dickens arts & culture editor | Marie Park during the school year, and is printed by sports editor | Evan Ivkovic Weller Publishing Co. Ltd. website editor | Asad Akhtar STUDENT CAUCUS Monday, April 6, 2015 3 Impairment or Improvement? The four best and worst ways the strike affected Student Caucus lauren katz › 1l stuDent caucus representatiVe s a Student Caucus representative and 1L student, I found myself thrown into discussions in a context I hadn’t contem- plated in my legal education: a labour dis- A pute. In my personal political adventure on Student Caucus in the midst of crisis, I partook in Osgoode’s quest for exemption from the academic activity ban and for the holy grail of remediation plans. Along the way, I learned about the best and the worst of what the strike has brought upon Osgoode Hall.