Final meeting focuses on mooting, clerkships, and more
On March 31, the Faculty Council met for the sixth and final time for the year.
Dean Brunnée’s Remarks
In response to the Cromwell report, Dean Jutta Brunnée had a series of debrief meetings for stakeholders to ask questions. She recognized that the issue was divisive and difficult to many, and reminded everyone that the channels of communications are open to offer input. She explained that U of T Human Resources team members Erin Jackson, Sean Suleman, and Kelly Hannah-Moffat were present at the debrief because many of the report’s recommendations would have to be implemented at the university level. Key takeaways from the report include: that outside interference has no place in hiring decisions, and that everyone in the community is open to take on challenging and controversial issues.
Students’ Law Society (SLS) President’s Remarks
Robert Nanni (4L JD/MBA) began his final SLS President’s Remarks by noting that many of the Committee reports on the agenda engage with issues that stemmed from student advocacy. He reiterated SLS’ support for recorded lectures, a mandatory course on Aboriginal people and the law, and the equity groups’ open letter. He appreciated how the Faculty has meaningfully engaged with the issues over the past year and looks forward to watching the future of SLS and the Faculty as an alumnus.
Graduate Law Students’ Association (GLSA) President’s Remarks
Anil Nair (GPLLM candidate) remarked how strange it is that his entire Faculty Council, and U of T experience, has been online. He looks forward to continuously supporting the Faculty after graduating.
Mental Health & Wellness Committee
Assistant Dean Alexis Archbold presented the Mental Health and Wellness Committee’s final report. The Committee’s mandate this year was two-fold: review the Faculty’s accommodations policy with a view to increase clarity, and undertake a consultation process regarding students’ mental health experiences in light of the COVID-19 pandemic. In response, the Committee formed an accommodation policy subcommittee and a student consultation subcommittee.
The accommodation policy subcommittee significantly restructured the existing accommodation policy to improve readability.
The student consultation subcommittee invited students to provide input on their mental health experiences during the COVID-19 pandemic through three avenues: an anonymous survey, two Zoom listening sessions, and emails sent directly to the student representatives on the Committee.
The Committee received rich and detailed information with over 200 students responding to the survey. Assistant Dean Archbold thanked the students for participating in the process “and for sharing sometimes very difficult experiences that they have had over the course of the year.”
The Committee noted that several individuals shared concerns about the process of obtaining accommodations through Accessibility Services and the Faculty. It recommended liaising with Accessibility Services and exploring potential improvements.
The Committee also noted several concerns regarding a lack of recorded lectures and recommends the Faculty review their policy.
In response to the challenges posed by the COVID-19 pandemic, the Faculty implemented an extraordinary policy this year in which students may elect to defer one final exam or request an extension on a paper “no questions asked” to May 7.
Gender, Accessibility & Diversity Committee
Assistant Dean Archbold also presented the Gender, Accessibility and Diversity Committee report.
In September, the Committee was tasked with completing last year’s work in updating the Faculty’s Equity, Diversity and Inclusivity (EDI) statement, developing an employer/recruitment student complaint process, and making recommendations on how to prioritize and implement the ideas outlined in the equity groups’ open letter on anti-Black racism.
In January, Dean Brunnée modified the mandate to pause the work on the EDI statement, focus on a broader consultation process around EDI at the Faculty, and consult with the authors of the open letter to determine how to prioritize the letter’s calls to action.
Assistant Dean Archbold stated that the new employer/recruitment student complaint process is completed and posted on the law school’s website.
The Committee met with representatives from the equity-facing groups who penned the letter in February. The Committee did not formulate any specific recommendations because it understood the law school to be heading into a broader consultation exercise and did not wish to prejudge what those consultations may yield. The Committee does recommend that, where appropriate, the Faculty “start work immediately on the open letter’s short- and medium-term recommendations, while a broader EDI consultation and planning process is underway.”
Asha Gordon (2L) noted that the issues highlighted in the letter were urgent and encouraged the Faculty to commit to smaller actions that are capable of being implemented in addition to the broader consultation process. She pointed out that while U of T prides itself on its Black Future Lawyers program, it is behind all other law schools in addressing anti-Black racism and white supremacy specifically.
Dean Brunnée stated in response that, “Some things are in motion already [to address the short- and medium-term calls to action] and it’s also important to have a process that engages our broader teaching and learning environment.”
Faculty Council Documents Amendment Process Committee
Associate Dean Christopher Essert thanked the members of the Committee for their work on developing a formal amendment process to the Faculty Council constitutional documents, in particular Branden Cave (2L). The motion to adopt the amending formula proposed on March 24 was carried.
Truth and Reconciliation Commission (TRC) Committee
Professor Douglas Sanderson presented updates from the TRC Committee. It is currently working on developing a student survey to get a sense of students’ encounters with Indigeneity in the classroom. The work is still in its early stages.
The Committee is also determining what cultural competency is and what it means in the context of the law school. To that regard, they are considering creating a formal policy and a fund to reimburse Indigenous Elders for their time.
Mooting & Advocacy Committee
Professor Hamish Stewart presented the Mooting & Advocacy Committee’s report. He began by highlighting the impacts of the COVID-19 pandemic on the competitive mooting program: remote preparation, writing, and run-throughs. Judges, student coaches, and faculty advisors were all impressed with the students’ “calm eloquence” in handling these challenges.
The Committee was tasked with evaluating new competitive mooting opportunities that arose during 2020-2021. Of the six moots the Faculty was invited to join, three caught the Committee’s attention. First, the Committee recommends the Faculty join the Federal Court Immigration and Refugee Law Moot, because it is an area of law that has significant curricular support and high student interest. Second, while the Committee is intrigued by the Jewish Law moot court competition, the moot would not meet the writing requirements of the Faculty’s oral advocacy graduation requirement. Third, the Committee recommends monitoring the development of the Child Protection Moot.
The Committee also recommends allowing, on a trial basis, students participating in exchange in Fall 2021 一 or Fall 2022 if exchange does not resume this year 一 to be permitted to try out for a competitive moot and if successful, to allocate the moot’s three credits to the Winter 2022 term.
The recommendation is in response to a recent letter from SLS to the Committee. Currently, a student participating in a competitive moot allocates the three credits as follows: one credit in the Fall and two credits in the Winter, which roughly maps onto the amount of work required. However, this means that students on exchange in the Fall semester cannot participate in moots, except the Callaghan Moot 一 an internal competition whose moot problem is only made available in January.
Professor Stewart notes that this recommendation still has pitfalls. It may compromise the integrity of the exchange experience, students may become disengaged from their commitments at the Faculty while abroad, and students may still try out for a Callaghan Moot in the same year, or for any moot in the year they are not on exchange.
Jean-Pierre D’Angelo (2L) understood the need for Dean Brunnée to consult with other stakeholders and emphasized the time-sensitive nature of the recommendation. Dean Brunnée assured members that she would “conduct the inquiries and consultations expeditiously so as to have an answer for you in good time.”
Willem Crispin-Frei (2L) asked the Committee to ensure that students who may be virtual for 2021-2022 are still able to participate in the moots. Professor Stewart replied that participation eligibility will depend on the particular moot’s organizers but he will take it under consideration as the Faculty advisor to the Callaghan Moot.
Curriculum Committee
Associate Dean Essert presented the Curriculum Committee’s report.
The Committee is currently engaged in a consultation process with students and faculty members on the implementation of a mandatory Aboriginal law course that meets the TRC’s Call to Action #28. More consultations will follow next year.
Associate Dean Essert updated Faculty Council on the status of the intersession courses. The feedback from faculty and students suggests that the intersession went well this year, although the Committee hopes that a remote intersession will not be the model for the future.
Associate Dean Essert presented a motion to adopt the proposed 2021-2022 curriculum, which consists of the list of courses offered for upper-year students, and to delegate himself authority as an administrator to make minor tweaks to the curriculum — edits to the course descriptions and evaluation methods — as needed. The motion was carried.
Nanni asked about the status of small group courses in the 2021-2022 year, which were shortened this year on an emergency basis. Associate Dean Essert confirmed that small group will revert to its year-long format this Fall.
Clerkships Advisory Committee
Professor Martha Shaffer announced that 28 students secured clerkships across the country this year, which is perhaps a record for the Faculty.
| Court: | Incoming 2022-2023 clerks from U of T Law: |
| British Columbia Superior Court | 1 |
| British Columbia Court of Appeal | 4 |
| Federal Court of Canada | 2 |
| Federal Court of Appeal | 2 |
| Ontario Superior Court | 3 |
| Ontario Divisional Court | 1 |
| Ontario Court of Appeal | 7 |
| Supreme Court of Canada | 7 |
| Tax Court of Canada | 1 |
Professor Shaffer noted that there has been a shift in hiring at the Supreme Court to favour recent graduates. In addition, every student the Committee put forward this year had already secured an appellate-level clerkship. Of the seven students hired at the SCC in this clerkship cycle, one is a current student and the remaining six have already graduated.
Motion to Delegate Authority to Associate Dean of Graduate Studies
Assistant Dean Emily Orchard introduced a motion for Faculty Council to delegate authority to Associate Dean Malcolm Thorburn to make minor changes to graduate courses, as necessary. She notes that generally, the curriculum is very stable. Changes in the LLM courses mirror those of the JD program, except that they are under different course names. The motion was carried.
Concluding Remarks
Dean Brunnée concluded the final Faculty Council meeting of the year by wishing students good luck on their final exams and papers. She bids farewell to the graduating students and hopes everyone has a safe summer.
